Philadelphia Reflections

George Washington in Philadelphia

Philadelphia remains slightly miffed that Washington was so enthusiastic about moving the nation's capital next to his home on the Potomac. The fact remains that the era of Washington's eminence was Philadelphia's era; for thirty years Washington and Philadelphia dominated affairs.

George Washington in Philadelphia; Pre-Revolutionary

New blog 2015-05-27 18:49:41 contents

George Washington's Cherry Tree, Revisited

American Revolutionary

George Washington Chopping the Cherry Tree

Parson Weems, it seems, was a mercenary type who made up stories because he thought they would sell. Someone should explore the history of this anti-Weems debunking campaign for us, because it has distracted history from what may be a far more important truth about the founding, and the founder, of our country.

The address President Washington sent to his countrymen, published September 19, 1796, will apparently be forever referred to as his Farewell Address, and it is true that one of the important points he was making was the President should have only two terms of office, adding in his particular case the determination not to die while in office and create undesirable precedents for Presidential succession. It is also sometimes stressed that Washington cautioned the nation against all foreign entanglements, although likely he had in mind the particular conflicted loyalty at the time between England which we strongly resembled, and France to whom we owed a debt of gratitude for our independence. Surely he was telling the nation to watch out for its precarious independence, even at the price of disappointing old friends, and not really attempting to look centuries ahead in foreign relations. The point about a third term was a pretty firm one; Washington's greatest achievement in the eyes of the world was to renounce all resemblance to monarchy, which he could have had for the asking.

Farewell Address for George Washington

Much deeper meaning for the address is suggested when you search, let's say with Google, for the origins of the speech's repeated maxim, Honesty is the best policy. It sounds like the sort of thing Ben Franklin would put in his Almanac, but didn't. There are even times in Franklin's life when it might be questioned whether he really believed honesty was always the best choice for every situation, and Franklin's true belief might possibly have been closer to advising that you should strive to avoid getting caught misleading people. The opinion that honesty is the best policy sounds as if it might come from Shakespeare, or Cervante's Don Quixote; something pretty close can be found in both places. It might be much older than that; the phrase and a detailed examination of its merits can be found in the works of Quintilian, 69 AD. George Washington was unlikely to have read any classical Roman essays, but James Madison the favorite student of John Witherspoon at Princeton might well have been familiar with Quintilian. But these stray remarks about honesty are merely scatterings over fifteen centuries, mostly throw-away lines. It is only in the last decades of the Eighteenth Century that the little maxim is found peppered in the speeches of many people, beginning to use it as a cliche to adorn some other point of emphasis.

It is our true policy to steer clear of permanent alliances with any portion of the foreign world; so far, I mean, as we are now at liberty to do it; for let me not be understood as capable of patronizing infidelity to existing engagements. I hold the maxim no less applicable to public than to private affairs, that honesty is always the best policy. I repeat it, therefore, let those engagements be observed in their genuine sense. But, in my opinion, it is unnecessary and would be unwise to extend them.

The point begins to catch the imagination that perhaps this flowering of a maxim can be traced to Washington's Farewell Address. It's unlikely that George Washington actually coined the phrase that honesty was the best policy, any more than Franklin Roosevelt coined the motto that all we have to fear is fear itself, or John Kennedy originated the happy phrase that we should ask not what our country can do for us, etc. Our more sophisticated views of Presidential rhetoric are now quite broad enough to accept the existence of ghostwriters and wordsmiths. It is current practice to agree that credit for originating a phrase adheres rightly to the person symbolized later when the phrase enters common parlance. To think otherwise is to become entangled in bickering about who wrote Shakespeare's plays, or who really wrote the various books of the Bible.

President's House Philadelphia

There is, however, historical importance to the speech-writer question in Washington's case. We are told that Washington had asked James Madison to draw up a speech for the occasion of his declining to accept a second term of office in 1792, but the whole matter was reconsidered when various advisors finally persuaded the President that the country needed him at the helm for more than four years. The speech was therefore set aside but revised and re-issued four years later. By this time, however, Washington and Madison had experienced their fateful falling-out, and therefore Madison's arch-enemy Alexander Hamilton did the re-writing. That honesty is the best policy should survive as a centerpiece in an address co-edited by such bitter philosophical enemies, plus some passing reflection on the personalities of the three men, should suffice to dispel most doubt that the sentiment was Washington's and that it must have been held very intensely by him. Madison may well have planted it, and he might very well have got it in turn from Cervantes or Quintilian. David Hume of Scotland might be an even likelier source. But overall it is hard to let go of the idea that Washington seized on it as a summary of something he fiercely believed.

There are differing degrees of and situations for honesty, of course; surely the most trivial is the sort of honesty Parson Weems was imagining in the little lad who would become our greatest leader. It really is not necessary to believe the courage to risk a whipping by a schoolboy is a core value which evolves into the broad economic vision for a nation. The legal profession, for example, may even overvalue absolute precision of wording, sometimes tolerating exquisite accuracy which artfully avoids full disclosure, caveat emptor. The military academies come closer to Washington's meaning by stressing to their graduates that what matters is not what is said, but what is communicated. At the time of the Farewell letter, what agitated Washington most was political partisanship -- political parties -- and overzealous effort to defeat the opinions of honest opponents rather than strive for a resolution of problems by bargain and compromise. In his youth, Washington was a surveyor, deeply impressed by the advantages of getting things straight the first time. Washington was to lose the argument over political parties, but while this defeat was among his greatest disappointments, his resistance still shines like a beacon.

It is hard to discern whether Washington had the depth of economic insight to emphasize the feature of honesty is the best policy which has the greatest importance to the Twenty-first Century. However, it is possible he did, because he was speaking in the midst of Quaker Philadelphia, having centered most of his public life there. Puritan Boston deeply believed that God had commanded honesty in His followers, honesty for its own sake, and the sake of the honest person's soul. But the wealth of Boston was overshadowed by thriving Eighteenth-century Quaker Philadelphia. Honesty to a Quaker was, of course, a good thing in itself, but experience showed that strict honesty in commercial dealings, and friendliness in all dealings, was very good for business. And conversely, the example of success on all sides encourages others to be honest and friendly when perhaps it was not their first inclination; honesty is catching. John Adams was scornful of those who do the right thing for the wrong reason, but this viewpoint gets ignored in the Twenty-first century. What is important for the third world to grasp is not intuitively obvious; they see abundant examples of getting rich at the expense of others, so much so that the third world and much of our own is willing to believe that if you have prospered, you must have stolen. If the third world cannot grasp the higher truth, we despair of ever getting along with them. Indeed, we may need to worry about skeptics increasing in our own midst. If Washington ever wavered, however, no one has told us of it.

City Troop

First Troop, Philadelphia City Cavalry (FTPCC)

On 23rd Street, just South of Market, stands a gloomy Victorian castle with big doors opening to the street. It's the armory, housing the First Troop, Philadelphia City Cavalry (FTPCC). The organization is a real fighting unit of the Pennsylvania National Guard, participating with distinction in every war America has fought. Originally a horse cavalry, the unit now drives tanks, except for recreation and on ceremonial occasions. It lays claim to being the oldest military unit in America, although there have been several minor name changes since the days when the City Troop accompanied General Washington to take command of the troops in Boston. Their dress uniforms are pretty splashy, especially on horseback, and they have to pay for them, themselves.

Furthermore, they are required to donate all of their military pay toward the upkeep of the unit and its activities. Although the first step in membership is to become a real member of the National Guard, election to the Troop itself is truly an election, carefully screened after prospective members have been observed and evaluated at invited Troop functions. These soldiers are wealthy, athletic, mostly pretty handsome, and almost invariably well-connected socially. You could almost make up the rest from these essential ingredients. This is the innermost core of Philadelphia society, and it is intensely and sincerely patriotic.

Others have noticed that National Guard duty itself takes up many weekends and much of summer vacation. Add to that the many Troop dinners, the horsemanship activities, the debutante balls, the Chesapeake sailing cruises, the national and local ceremonies, the weddings and funerals for members -- and actually fighting wars overseas. The members of the Troop spend so much of their time on Troop-related activities, that they become both intensely loyal to each other, and necessarily somewhat withdrawn from other people. They gravitate to polo, the Racquet Club, the Savoy, the Orpheus, and the financial world.

There may be an important insight into the generation turmoils to be derived from this. There was once a time when most professions likewise absorbed the lives of their members, with professional clubs and entertainments confining the social life of the member by leaving little time for anything else. But in recent years most occupational and professional societies are experiencing a loss of membership and enthusiasm, leading to the bewildering question of "Where are the younger members, any more?" The pre-fabricated answer is that younger people now want to devote their quality time to their families, but if you believe that, you will believe anything. Let's face it; when one activity absorbs all of your time, it confines you. There have to be some important benefits to being so confined, and even so, it chafes a little. Those of us who are not baby boomers can see that being a slave to intra-generational consensus is only to be a slave in a different way. The remarkable thing is that the baby boomers fail to see it, themselves.

Rebel Hill

The Schuylkill River, hence Schuylkill Expressway and also Amtrak, all take a big bend westward about ten miles from Philadelphia. They are making a detour around a big hill or minor mountain, tending to position the sun in the eyes of many commuters at certain hours of the day. Real estate developers are apparently responsible for naming the place Rebel Hill, and it's getting pretty crowded with houses. The Rebel they had in mind was George Washington.

Rebel Hill

The father of our country was in retreat from the battle of Germantown, having crossed the river at Matson's Ford, then following Matsonford Road over and beyond the big hill, and pausing for water at the spring in the gulch formed by Gulch Creek, now more decorously called Gulph Creek. The creek tumbles down the side of a long ridge forming the south side of the Great Valley; the gulch or gulf is really a crevasse in that ridge, which in a sense makes Rebel Hill just a split-off extension of that ridge. Consequently, the gulch makes a water-level route from the Schuylkill to Valley Forge, which anyone would take to get there in a hurry. Valley Forge is a misleading term; it's a hill in the middle of the Great Valley, as the center of an angel food cake tin, and was thus defensible in all directions. The cleft in the southern ridge is where you would normally travel to get to the base of the bastion of Valley Forge.

Old Gulph Road

So, everyone still takes that route, following Montgomery Avenue after it turns into South Gulph Road, but before it turns into North Gulph Road. The road up along the southern ridge is called Old Gulph Road, while the newer extension from the river is called New Gulph Road. All of these winding roads are compressed within the narrow defile beside Gulph Creek, reachable by splashing through the fords in the creek, although that is discouraged after ice forms in the winter. And, yes, a new road has come in at a restored old farmhouse, called New Gulph Road. The restoration has created a fancy restaurant, which somehow forgets that at the time we are talking about, it was the headquarters of (Major) Aaron Burr. The giant highway cloverleaf ahead on South Gulph Road tends to obscure the fact that it was the direct road to Valley Forge, now further obscured by lots of shopping center. If you persist and keep a lookout for the street signs, you will eventually get to the Memorial Arch, log cabins and National Park Service facilities of Valley Forge.

Valley Forge

Back in the gulch, however, is the spring where Washington's troops refreshed their canteens. Just beyond it is a great big rock, much mentioned in memoirs of the episode. Around 1950, the highway engineers decided to blast this rock out of the way of widening a road that badly needs widening. The Daughters of the American Revolution saved the day. Creating a giant fuss, the DAR succeeded in limiting the engineers to chiseling the bottom of the rock away. A gentleman in his eighties recently remarked he had driven past that rock thousands of times, and always wondered what it was there for. Now he knows.

Encampment At East Falls

The urban intersection at Queen Lane and Fox Avenue in East Falls is a busy one, and except for a few stately residences, it easily escapes notice by commuters. However, the landscape forms a bowl atop a steep hill, fairly near the Schuylkill River. George Washington had evidently picked it out as a strong military position near the Capital at Philadelphia, either to defend the city or from which to attack it, as circumstances might dictate.

Encampment at East Falls

Washington's plans and thought processes are not precisely recorded, but when Lord Howe had sailed south from the Staten Island- New Brunswick area, he ordered his troops to head for an East Falls encampment at the southern edge of Germantown. Crossing the Delaware River at Coryell's Ferry (New Hope), the troops marched inland a few miles and then down the Old York Road to this encampment. Their stay at the beginning of August 1777 was quite brief because Washington changed his mind. When it took Howe's fleet longer than expected to appear in the Chesapeake, Washington became uneasy that Howe might be conducting a feint designed to draw the Continental troops south, and after cruising around the coast, might still return to attack down the undefended New Jersey corridor from Perth Amboy to Trenton. That proved wrong, but in Washington's defense, it must be said it was a plan that had actually been considered by the British. Anyway, Washington ordered his troops to pull out of the East Falls encampment and march back up Old York Road to Coryell's Crossing, which would be a more central place to keep his options open for the time when Howe's true intentions became clear. Washington and his headquarters staff went on ahead of the main body of troops, setting up headquarters at John Moland's House a little beyond Hatboro and a few miles west of Newtown, Buck's County. The Hatboro area was a pocket of Scotch-Irish settlement, without any local Tory sentiment, thus preferable to the rest of largely Quaker Buck's County.

To jump ahead chronologically, the East Falls encampment site must have seemed agreeable to the Continental Army, because a few weeks later it would be sought out as the main refuge and regrouping area, following the defeat at the Battle of Brandywine. The American troops were to withdraw from the Brandywine Creek when Washington realized he had been out-flanked, and head for Chester. Quickly recognizing that Chester was vulnerable, they headed for East Falls. Not only was Washington preparing to defend Philadelphia at that point, but was using the Schuylkill River as a defense barrier. As he had earlier done at the Battle of Trenton, he ordered all boats removed from the riverbanks, and artillery placed at any likely fording places, all the way up the Schuylkill to Norristown. Having accomplished that, this extraordinary guerrilla fighter then moved his troops from Germantown up the river to defend the fords. Meanwhile, Congress decided to move to the town of York on the Susquehanna, just in case.

Whatever Was George III Thinking?

George III

Two troubling questions persist long after the American Revolution has mostly faded into the past: Why was New England so much more rebellious than the rest of the colonies? And, whatever was George III thinking when he blundered into losing an empire? No doubt, he would have answered in a different, unreflective tone in 1776, but the following is what he had to say about it after the war was lost. He seems to emerge as a far more literate and reflective person than the colonists believed of him.

"America is lost! Must we fall beneath the blow? Or have we resources that may repair the mischief? What are those resources? Should they be sought in distant Regions held by precarious Tenure, or shall we seek them at home in the exertions of a new policy?

"The situation of the Kingdom is novel, the policy that is to govern it must be novel likewise, or neither adapted to the real evils of the present moment or the dreaded ones of the future.

"For a Century past the Colonial Scheme has been the system that has guided the Administration of the British Government. It was thoroughly known that from every Country there always exists an active emigration of unsettled, discontented, or unfortunate People, who fail in their endeavors to live at home, hope to succeed better where there is more employment suitable to their poverty. The establishment of Colonies in America might probably increase the number of this class, but did not create it; in times anterior to that great speculation, Poland contained near 10,000 Scotch Pedlars; within the last thirty years not above 100, occasioned by America offering a more advantageous asylum for them.

"A people spread over an immense tract of fertile land, industrious because free, and rich because industrious, presently became a market for the Manufactures and Commerce of the Mother Country. Importance was soon generated, which from its origin to the late conflict was mischievous to Britain, because it created an expense of blood and treasure worth more at this instant if it could be at our command, than all we ever received from America. The wars of 1744, of 1756, and 1775, were all entered into from the encouragements given to the speculations of settling the wilds of North America.

"It is to be hoped that by degrees it will be admitted that the Northern Colonies, that is those North of Tobacco, were, in reality, our very successful rivals in two Articles, the carrying freight trade, and the Newfoundland fishery. While the Sugar Colonies added above three million a year to the wealth of Britain, the Rice Colonies near a million, and the Tobacco ones almost as much; those more to the north, so far from adding anything to our wealth as Colonies, were trading, fishing, farming Countries, that rivaled us in many branches of our industry, and had actually deprived us of no inconsiderable share of the wealth we reaped by means of the others. This comparative view of our former territories in America is not stated with any idea of lessening the consequence of a future friendship and connection with them; on the contrary it is to be hoped we shall reap more advantages from their trade as friends than ever we could derive from them as Colonies; for there is reason to suppose we actually gained more by them while in actual rebellion, and the common open connection cut off, then when they were in obedience to the Crown; the Newfoundland fishery took into the Account, there is little doubt of it.

"The East and West Indies are conceived to be the great commercial supports of the Empire; as to the Newfoundland, fishery time must tell us what share we shall reserve of it. But there is one observation which is applicable to all three; they depend on very distant territorial possessions, which we have little or no hopes of retaining from their internal strength, we can keep them only by means of a superior Navy. If our marine force sinks, or if in consequence of wars, debts, and taxes, we should in future find ourselves so debilitated as to be involved in a new War, without the means of carrying it on with vigor, in these cases, all distant possessions must fall, let them be as valuable as their warmest panegyrists contend.

"It evidently appears from this slight review of our most important dependencies, that on them we are not to exert that new policy which alone can be the preservation of the British power and consequence. The more important they are already, the less are they fit instruments in that work. No man can be hardy enough to deny that they are insecure; to add therefore to their value by exertions of policy which shall have the effect of directing any stream of capital, industry, or population into those channels, would be to add to a disproportion already an evil. The more we are convinced of the vast importance of those territories, the more we must feel the insecurity of our power; our view, therefore, ought not to be to increase but preserve them."

In short, King George III of England sounds like a thoughtful, insightful man. Not a heedless, vindictive power freak as portrayed by frenzied revolutionaries, the King expressed a pretty reasonable assessment of his colonies. What he most lacked was a recognition that centralized if not one-man rule blocked growing expectations of greater self-rule; expectations propelled by an even bigger revolution, the Industrial Revolution. A Machiavelli or a Bismarck would have seen that Virginia mostly wanted access to Ohio land, while New England wanted maritime dominance; the Quaker colonies were quite satisfied with what they had. It would have been comparatively simple to play one region against another, giving each a little of what it wanted while encouraging cultural diversities which kept them jealous and separate. But His Majesty, yielding to the financial strains of the Seven Year War, and the urgings of his Teutonic mother, united thirteen of his colonies in common rebellion against taxes, military occupation, and high-handedness. The colonies did not want to unite; George III united them. Without unity, their rebellion had no chance.

An Industrial Nation, or a Plantation Society?

There is a phrase much used in diplomacy and politics, sometimes attributed to Lord Palmerston, sometimes to Cicero.

In politics, there are no permanent friends, no permanent enemies, only accommodations.

Regardless of who coined the adage, it is difficult to imagine either stone-faced George Washington listening with any approval, or politician James Madison displaying the least surprise. The only American scholar of politics and political history available to Washington, Madison eventually evolved into a total politician. The evolution in the underlying core beliefs of these two men, in opposite directions, seems to explain the slow transformation of their Virginia plantation friendship into outright hostility. On one level, their disagreements may be seen as responses to their new roles: Washington created and molded the executive department, and while he helped him do it, Madison himself migrated into the role of leader of Congress. Once there, he was not strong enough to escape the collective power of Congress to mold its leaders into servants, a situation that was not corrected until Henry Clay over-corrected it in the opposite direction. On another level, it is possible to view the two Virginians as having different reactions to the oncoming Industrial Revolution.

Although both were Virginia plantation owners, General Washington's wartime experience was that his own solitary opinion, right or wrong, would ultimately be all that mattered. All that advice he got was simply information-gathering. On the other hand, while the leader of the legislative branch was often able to change legislative opinion, he would be ultimately forced to accept the collective opinion of Congress or resign his leadership of it. That was also true of the Chief Executive Officer, but several steps removed from Congressional decisions, and of the opinion, he must finally accept their final wishes if they seemed to represent the will of the people who voted them into office. Of the two, he was better able to understand what Hamilton was talking about, better able to appreciate that the strength of a nation has an economic base as well as a military one. The mythology of the era has Alexander Hamilton in combat with James Madison, with Washington in the middle but eventually siding with Hamilton. That's true enough, but the greater truth is that these individuals were cast as the symbols of the changing beliefs of the country. It must be conjectured the high adventure of creating a new form of government held the three together, even as many things turned out to be unanticipated. Washington seems more dismayed by gradually perceiving some unwelcome imperatives of the Constitution, while Madison simply set about to make the most of them. Washington believed in character, a personality based on steadfastness, courage, and determination. Adaptability, yes, pliability, no.

James Madison

The official organizing principle of every legislature, Congress, or parliament is that each member has one vote and therefore is the equal of every other member. Washington understood leaders would emerge, able to persuade others. What he did not anticipate was that some would scheme to acquire the power to compel obedience. Unofficial ways to acquire power over colleagues differ among legislatures but have certain recurring features.

Vote-swapping.

The press of business usually requires a division of labor into committees, who soon acquire special expertise. A chairman is selected to handle routine matters, and to negotiate compromises with overlapping committees; the chairman acquires power. Members differ in their degree of interest in almost any topic; those who have little interest in a particular outcome have an opportunity to trade their vote for assistance on some other matter of much greater concern to them; why not? From this evolves the strategy of striving to discover what each voter secretly wants most of all; offering assistance on that favorite topic is the first step in enlisting later support on some other issue. If he wants your help badly enough, he may even vote against something else he really favors. If he wants to be chairman of a committee important to his interest, it may even be possible to force him to vote for something he privately hates. Vote-swapping is the fundamental currency of legislative trading, and it is sometimes a loathsome business. But just try to imagine George Washington swapping votes to become chairman of a committee, or to enact an appropriation; it couldn't happen.

One suspects it did happen, at least once. Washington badly wanted the nation's capital to be across the Potomac River from his plantation. Indeed, he wanted the Potomac River to be the main commercial highway of the nation to the Great Lakes and the Mississippi. He never said he wanted the nation's capital to be named after him, but he did not object a great deal, either. When there was quibbling about the location of the White House, the old surveyor went there himself and laid it out with a surveyor's transit. Washington wanted Virginia to be the biggest most important state in the union; four of the first five presidents were Virginians. And so, when Hamilton and Jefferson negotiated the Compromise of 1790, everyone knew what Washington's feelings were. The revolutionary debts of Virginia became federal debts, in return for relocating the capital from the banks of Delaware to the banks of the Potomac. Robert Morris was fit to be tied. Washington stood aloof and uninvolved. Anyone who has ever been involved in one of these compromises knows that some participants see nothing wrong with it, while others hate themselves forever, for having had anything to do with it. In fact, the legislators most offended by vote-swapping are the ones who once somehow got unwillingly dragged into it, and never entirely forgave themselves. Natural politicians like Madison, however, are irked by those who criticize such a natural and effective process, whose successes are everywhere to be listed. While no one can read the minds of these two founding fathers, there seems little doubt they were on different sides of this enduring division in the personality types of people in public office and therefore headed for a collision whenever a sufficiently major issue arose.

The genius of the evolving American form of government was to leave land ownership in private hands while creating a new power center in banking and finance.

The issue was major, all right. It was the question of whether this proud new nation was going to join the Industrial Revolution, with all its smoke and crowding, greed and striving. Or whether it was going to sweep majestically along with the romantic movement of the day, the happy farmer and the noble savage, spreading out on a bountiful endless continent. To some extent, this was an echo of the French Revolution which so enthralled Madison's best friend Thomas Jefferson, drawing the conflict between England and France into our own rather recent revolution. Great Britain was a century ahead of France in the Industrial Revolution, which originated north of Manchester where William Penn's Quakers came from. Yes, factories were sort of polluting and crowded, certainly enough to get Marx and Engels excited. But there was another undeniable truth: England soon got richer, acquired a world empire, had a bigger navy, and was soon to beat Napoleon at Waterloo. It was rather easy to prove to George Washington that an economically stronger nation was likely to be militarily stronger as well. Eventually, the point would even be forcibly brought home to Robert E. Lee. American tourists in Europe today echo the sentiment when they chose a vacation itinerary: no churches, and no museums, please. But to be fair to the Virginians, the point was not at all obvious in 1790. Virginia owned what are now three states, and held significant claims to what is now five more. Why would Virginians have any interest in dirty factories or the grubby strivings of immigrant merchants?

Still another historical curiosity emerges from the twenty-five years of Philadelphia as the new nation's capital, which is really our national epic poem, waiting for its Homer to compose it. Just about everybody at the Convention agreed the national government had to be strengthened; the state legislatures were going to ruin us. Madison, representing the views of the landowner aristocracy, was also afraid the national government could get too strong and ruin them by disturbing private property ownership. Hamilton didn't care about the land, he cared about money; he wouldn't mind a King if one was necessary to get things done. It should be remembered that feudalism was largely based on the king's right to reassign land ownership in return for military support. The genius of the evolving American form of government was to leave land ownership in private hands while creating a new power center in banking and finance. So it eventually evolved that Madison and his friends from Appalachia wanted to limit the powers of the national government strictly to those few areas where we needed it strong; enumerated powers were the result. The Federalists following Hamilton stretched enumerated power as far as it would reach with extra "implied" powers, together with their "emanations and penumbras". If you were to defend the nation, you needed a navy; eventually, it would be implied you needed an air force, maybe atom bombs. Increasing Federalism was the driving force of the Republican Party down to the time of Franklin Roosevelt, indeed down to the moment when the Philadelphian Owen Roberts tipped the Supreme Court majority in favor of eliminating "the commerce clause". Since that time, the Republican descendants of Alexander Hamilton have sought to shrink and restrain federal powers and bureaucracy, while the political descendants of James Madison have sought to populate Virginia with civil servants up to and beyond Piedmont. Both Madison and Hamilton must be turning in the grave about the way this topic evolved. But the power being struggled for is all commercial power; ownership control of land remains off the political table. Perhaps the day will come when fresh land no longer seems unlimited, making monopoly control of it seem more threatening. More likely, the agricultural economy will nearly vanish, taking its power struggles along with it. The paradox emerges that increased productivity will likely shrivel the importance of manufacturing as well, leaving both farm and factory as relics of the past. The test of a constitution is how well it adapts to an unknown future.

The Republican Court

Elizabeth Schuyler Hamilton

A popular legend of our founding fathers depicts a sudden 18th Century flowering of talent, even genius, establishing a new nation. More recently, historians have searched for personal material about the individual founders, humanizing them with warts, so to speak. A question nevertheless arises how a nation with the present population of Detroit could produce such outstanding leadership in what was then a scattered colonial frontier region. Men, that is. In our legends, the founders were all men.

Long before the feminist movement gathered momentum, historians like Rufus Wilmot Griswold and Abigail Adams Smith had chronicled the impact of the high society of George Washington's term of office as president, which was in part a conscious effort by Washington to show the new republic to the world, cutting just as fine a figure as the nations of old Europe. Martha Washington, soon called Lady Washington, was an uncomfortable central figure in the new social scene, and her dismay at being the President's wife, her anxiousness to retire from prominence as soon as his term was over, suggest the idea for a Republican Court probably did not start with her. Elizabeth Schuyler Hamilton, Alexander Hamilton's wife, might seem more likely but the real originator is not known. For present purposes, a plausible theory is that soldier George Washington and bachelor James Madison had the concept but couldn't pull it off; and then some determined ladies of the court soon showed them all, what was what.

George Washington

George Washington began the process by instituting formal receptions for visiting males and Martha cooperated by holding Friday evening receptions, at which she was introduced to the wives of important political figures. The regular weekly events of the Presidency soon consisted of a reception by George Washington for new foreign ambassadors and other important foreign visitors, with a formal state dinner with a politically balanced invitation list on Thursday evening, and Lady Washington's reception on Friday with primarily a social purpose, leaning somewhat in the direction of letting the wives of important politicians shine in the social limelight. While the receptions were usually conducted with scripted formality, some notable exceptions were thought worthy of comment. Over twenty years earlier, Washington at Valley Forge had danced for three hours with Cathy Greene, the wife of Nathaniel Greene. When the widow Greene passed through one of the much later presidential levees, Washington suddenly bent over and kissed her, as "an impromptu act of spontaneity." The effect of the levees was to unite the elites of wealth and power, coming to Philadelphia from all thirteen colonies, now risen to statehood. Plantation owners from the South, ship owners, and merchants from the North met the daughters of socially prominent families and quite frequently married them. A courteous and civilized environment unified the new nation at its pinnacle by having local leaders mixing with other local leaders, becoming national leaders in the process. A politician in this new nation could rise to being someone of consequence socially. To be skillful in the social graces, particularly if there was wealth associated, was to advance in politics; to be boorish or loutish was to drop down somewhat in the scale of political influence, slowly but surely losing power to those who did have such graces. Put a backwoods politician into new formal clothes, force him to behave in an unaccustomed way in the midst of those more skillful at it, enlist the fearsome pressure of his ambitious wife to shine in the spotlight; and the fear of looking foolish soon enough pushes him toward conformity.

Anne Willing Bingham

After the first year, then the developing Republican Court. Martha Washington, of course, had her own mansion at Mount Vernon, but Anne Bingham had one within easy walking distance of Independence Hall. The Wife of the richest man in America, Anne Willing Bingham was the daughter of Thomas Willing the head of the most prominent merchant family in Philadelphia. Anne's husband William Bingham had achieved richest-man status at the age of 28 (by running a large privateer fleet in the Caribbean)and was not only able to build a splendid mansion patterned after that of a London aristocrat at 3rd an Spruce Streets,but had taken his young and beautiful wife on an extensive tour of the royal courts of Europe which lasted several years. It is said that Robert Morris later contributed to his own bankruptcy by attempting to match the Bingham mansion with a Morris mansion at 7th and Market, which had to be torn down for lack of money before it was completed. Since most of the wealthy hostesses attempting to achieve prominence in the newly forming Court had never been to Europe, there was no choice but to accept the judgment of Mrs. Bingham in such matters, especially since she had the biggest showplace in town. While the truth of a story about her is uncertain, it accurately illustrates the flavor of the social atmosphere that it could be said that the Dauphin, heir to the throne of France, once went to her father to request her sister's hand in marriage. The young prince was then living in exile at 4th and Locust, in temporarily impoverished circumstances. Old Tom Willing, as the story goes, said No. "If you do not become the King of France, you will be no match for her. And if you do become the King, she will be no match for you."

It does seem to be true almost every prominent lady in the Republican Court was described by contemporaries as astonishingly beautiful, but at least in the case of Anne Willing Bingham, her surviving portraits support this description. John Adams, who had his brilliant wife Abigail for comparison, was overwhelmed by Mrs. Bingham's ability to hold her own on political subjects at the dinner table. And George Washington, who loved to dance with the prettiest lady available, greatly favored Anne as a partner. In time, she asserted herself to the extent of pestering Washington into having his portrait painted by Gilbert Stuart when the painter was in town. Washington ordinarily disliked having his pictures painted, avoiding it when he could. There are nevertheless a great many pictures of Washington on display, crossing the Delaware and whatnot, all showing the same grim face. After his death, it became necessary for most of the many new pictures of him to attach the same Gilbert Stuart head to a variety of imaginary depictions. Benjamin Franklin, by contrast, seemed to enjoy the experience of being a sitter so there are many more portraits of him actually drawn fro life. Add Washington's social sponsorship an almost unlimited personal budget for parties, and Anne Bingham quickly established herself as the reigning queen of the court without even provoking Martha Washington's hostility. This was a busy ladies' world; one new arrival in Philadelphia described herself as exhausted by having to return the courtesy visits of ninety different ladies during her early weeks in town. The expense of such competition emerges from brief reflection on the variety of clothes needed to keep up with changing styles, and the elegance of carriages, footmen, etc.

The Chew Sisters

Anne Willing Bingham was soon joined at the center of things by two Chew sisters, naturally referred to as astonishingly beautiful, who not only had their own mansions, but also Cliveden the summer place in Germantown as available venues for parties. It was commonly stated to be "social suicide, not to be home when the Chew sisters came to call." Delicious gossip was, of course, a strong undercurrent in such a social whirl, and Harriet Chew Carroll made a significant contribution. This daughter of Benjamin Chew the former Chief Justice (and Son of William Penn's personal lawyer)had married the son of very rich Charles Carroll of Carrollton, Maryland, but had to drop out of society because of notoriety associated with her abusively alcoholic husband. Similarly, Catherine Alexander Duer, who had married the son of the New Jersey patriot Lord Stirling, lost her social standing when her husband got deeply into debt in ventures with Robert Morris to the tune of today's equivalent of $40 million. As a Treasury official, there was a question of Duer's using public money to speculate privately, although he died in debtors prison before matters were completely clarified. His wife, who was known for having fifteen different wines on the dinner table, ended up her days running a boarding home to support herself. No doubt other transgressions were suppressed or covered up, while the political process was sufficiently advanced even in the early days of the Republic, to introduce some deliberate falsehood into the gossip mill. No doubt, one of the strongest drinks at the receptions was the bubbly wine of knowing all the inside scoop. And meanwhile, the potential disgrace of falling from favor was immensely powerful in enforcing conformity among those who might otherwise think themselves immune to it.

Some People were left out for various reasons, even if they could keep up financially or politically. It's always a little hard to identify why some people are social duds. Abigail Adams Smith seems to have been one of these, a constant source of adverse commentary about the extravagance, hypocrisy, etc., etc. English literature at this time has Jane Austen and William Makepeace Thackery, Pope Swift, and Dr. Johnson to satirize and constrain the social whirl, but American seems to have produced little more than correspondence and hushed remarks. The feeling of resentment was constantly growing in Republican circles, however, feeding a growing undercurrent of hostility undermining something so elitist and therefore somehow UnAmerican. After ten years in Philadelphia elegance, the District of Columbia was discovered to be scarcely more than a dismal swamp when the capital moved there, a place quite unsuited to high society. Dolley Madison revived things somewhat while acting as hostess for the widower Thomas Jefferson, and when her husband became the next President, opened her receptions to the general public. One can easily imagine the intense hostility of Andrew Jackson to any of this, however. Washington DC has since evolved a pallid political social whirl because America still has politically ambitious rich folks and plenty of money for indirect lobbying. But it hasn't ever been the same as the glory days in Philadelphia, and probably never will be. Present members of the financial/political elite who now work in Washington are in a great hurry to leave town every weekend, abandoning its empty office building to the tourists and civil servants.

The Republican Court

The Republican Court served an important role in helping America unify thirteen colonies into a single nation. Because Philadelphia was for a time the center of the country, economically, socially and politically, all people of prominence in here, wanted to know each other. Variations of wealth and breeding stratified the women somewhat differently from the Variations of wealth and power of their husbands, ad constant mixing of the two strata unified the leadership of the new nation in ways that would have developed more slowly without it. The forced conversations of the receptions stratified independently but helped all the newcomers to the scene to adapt to the realities more comfortably. Each group, private and public watched a constant parade of aggressive climbers sort themselves out and searched for how they had made out; wealth got you to the top in one group, private and public, watched a constant parade of aggressive climbers sort themselves out and searched for how they had made out; wealth got you to the top in one group, power got you there in the other. But in both groups, the cruelties of social striving made the iron rule clear that such things as wit, gracefulness, physical attractiveness, education and breeding were qualities that floated you to the top of the soup of any flavor. When you are forming a new nation, perceptions of that sort are important to acknowledge. The American aristocracy could be circumvented among the many ways to the top, could be sneered at by those who lacked its unattainable features, and could be sniggered at by real aristocrats of real aristocracies in Old Europe. But it served well enough as a role model for a constant stream of new immigrants, and set a pattern for new communities of the interior, also seeking a sense of cultural direction. Like the breeding of horses and dogs that is such a constant upper-class avocation, there is a genetic message, too. Rich men marry beautiful women, so their children or grandchildren tend to be handsome. Handsome or not, gracefulness in social circles is learned at home. Darwin teaches you one thing, Adam Smith's hidden hand teaches another; both are worth attending to. Given eight or ten generations, this sort of evolutionary pressure forms a community, then a nation. It has certainly left major imprint on Philadelphia.

Abigail Adams Smith

On the rest of the nation as well, but in different ways. Along the East Coast, first families tend to persist and went to school so to speak in Philadelphia during Washington's presidency. Mary Ann Goodrich was a witty and Wealthy wife of a Connecticut political leader. Elizabeth Schuyler Hamilton was the famously vivacious wife of Alexander Hamilton of New York. Alice De Lancey Izard was the toast of Charleston, South Carolina. Patsy Jefferson Married Thomas Randolph of Virginia. Mary White Morris of Philadelphia had a bumpy trip as the wife of Robert Morris. In East Coast high society, the ladies usually have middle names.

Over three centuries, three main streams of immigrants plodded their way across the continent to the West and then merged. There were westward pioneers from north of Philadelphia with a certain kind of accent, from South of Philadelphia with another, and from Philadelphia with the normal way of talking. Each of them was following role models within its own cultural pattern, but the significance of middle names is now only a tip-off to insiders. There are patches of country, like Appalachia we are Texas, which brush off any allegiance to distant origins. But to the degree we are unified, the Philadelphia mixing bowl of the Social Scene during George Washington's presidency is a big part of how we got that way.

George Washington's View of the British Army

George Washington

TWO things about George Washington continue to puzzle us. Why would the rich, aristocratic Virginia gentleman become a revolutionary? And, how could he or his backwoodsmen soldiers even imagine they could defeat the British, the greatest military force in the world? The following letter, written to his mother after the defeat of Braddock's army, shows his viewpoint at the age of 23, putting the British regular army in a very bad light, indeed.

"HONORED MADAM: As I doubt not but you have heard of our defeat, and, perhaps, had it represented in a worse light, if possible, than it deserves, I have taken this earliest opportunity to give you some account of the engagement as it happened, within ten miles of the French fort, on Wednesday the 9th instant.

"We marched to that place, without any considerable loss, having only now and then a straggler picked up by the French and scouting Indians. When we came there, we were attacked by a party of French and Indians, whose number, I am persuaded, did not exceed three hundred men; while ours consisted of about one thousand three hundred well-armed troops, chiefly regular soldiers, who were struck with such a panic that they behaved with more cowardice than it is possible to conceive. The officers behaved gallantly, in order to encourage their men, for which they suffered greatly, there being near sixty killed and wounded; a large proportion of the number we had.

"The Virginia troops showed a good deal of bravery and were nearly all killed; for I believe, out of three companies that were there, scarcely thirty men are left alive. Captain Peyrouny and all his officers down to a corporal were killed. Captain Polson had nearly as hard a fate, for only one of his was left. In short, the dastardly behavior of those they call regulars exposed all others, that were inclined to do their duty, to almost certain death; and, at last, in spite of all the efforts of the officers to the contrary, they ran, as sheep pursued by dogs, and it was impossible to rally them.

"The General was wounded, of which he died three days after. Sir Peter Halket was killed in the field, where died many other brave officers. I luckily escaped without a wound, though I had four bullets through my coat, and two horses shot under me. Captains Orme and Morris, two of the aids-de-camp, were wounded early in the engagement, which rendered the duty harder upon me, as I was the only person then left to distribute the General's orders, which I was scarcely able to do, as I was not half recovered from a violent illness, that had confined me to my bed and a wagon for above ten days. I am still in a weak and feeble condition, which induces me to halt here two or three days in the hope of recovering a little strength, to enable me to proceed homewards; from whence, I fear, I shall not be able to stir till toward September; so that I shall not have the pleasure of seeing you till then, unless it be in Fairfax... I am, honored Madam, your most dutiful son."

George Washington in Philadelphia; Revolutionary

New blog 2015-05-27 18:53:03 contents

Museum of the American Revolution

The Right Angle Club of Philadelphia was recently pleased to be visited by Michael C. Quinn, the President, and CEO of the forthcoming Museum of the American Revolution, which will be built at Third and Chestnut Streets, on the site of the former Visitors Center. Mr. Quinn comes to us from the Mt. Vernon and James Madison Museums in Virginia and expects to spend another three years getting the new Museum built and established. It's also expected to cost about $150 million, so look for something really special. The great majority of the required money is expected to come from Philadelphia and surrounding territory, led by a challenge grant from Gerry Lendfest of $40 million.

The collection of Valley Forge and related Revolutionary artifacts was begun by Herbert Burk, an Episcopal rector in Norristown, Pennsylvania, and the son of another Episcopal rector of Clarksboro, New Jersey, and who graduated from the University of Pennsylvania toward the end of the Nineteenth century. The Valley Forge area was pretty well deserted at that time, and the local bishop expressed doubt that it could support both an Episcopal and a Baptist church, particularly since an earlier rector named Guthrie had attempted it and finally disappeared. Reverend Burk, however, was fired with the vision of Washington kneeling in the snow, and highly scornful of doubters who insisted on seeing his footprints in the snow before they would accept it. These were the days just after the German historian Leopold von Ranke had started a movement of great enthusiasm among historians for documents to prove almost anything calling itself history, so there was more than the usual amount of harumphing among academics about authenticity, which Burk dismissed with scorn. Since his second wife was a Stroud, there may have been social issues as well. About all, we really know of George Washington's religious beliefs was that he regularly went to Christ Church and sat in Martha Washington's pew; but he resolutely refused to take Communion. It sounds to some of us as though he was more of a politician than a theologian. But the Museum now has picked up successor enthusiasts, determined to make the Museum a success; so let's let that religion matter drop.

Museum of the American Revolution

The old visitors center was given a bell by Queen Elizabeth II, who brought it over on the royal yacht and gave a memorable speech at its installation. The deed to the property does not include the bell, and its future is presently uncertain. However, the building will be torn down and replaced by a much larger structure, intended to house many rooms and a tour lasting hours, to show off Washington's military tent and similar artifacts of the low point of the Revolution, when it rested with the personal character of a few founding fathers, to preserve the drive and idealism of the freezing, starving troops. It's a tall challenge for Mike Quinn to carry it off with the right mixture of showmanship and concern for accuracy. After all, no good story is improved by exaggeration.

George Washington Demands a Better Constitution

GEORGE Washington was a far more complex person than most people suppose, and he wanted it that way. He was born to be a tall imposing athlete, eventually a bold and dashing soldier. On top of that framework, he carefully constructed a public image of himself as aloof, selfless, inflexibly committed to keeping his word. Parson Weems the biographer may have overdone the image a little, but Washington gave Weems plenty to work with and undoubtedly would have enjoyed overhearing the stories of the cherry tree and tossing the coin across an impossibly wide Potomac. Washington had a bad temper and could remember a grievance for life. He married up, to the richest woman in Virginia.

Potomac River

Growing up along the wide Potomac River, Washington early conceived a life-long ambition to convert the Potomac into America's main highway to the Mississippi. He did indeed live to watch the nation's new capital start to move into the Potomac swamps across from his Mount Vernon mansion, in a city named for him. For now, retiring from military command with great fanfare and farewells after the Revolution, he returned to private life on this Virginia farm. He made an important political mistake along this path, by vowing in public never to return to public life. During the years after the Revolution but before the new Constitution, his attention quickly returned to building canals along the Potomac River, deepening it for transportation, and connecting its headwaters over a portage in Pennsylvania to the headwaters of the Monongahela River -- hence to the Ohio, then the Mississippi, or up the Allegheny River to the Great Lakes. He personally owned 40,000 acres along this river path to the center of North America. The occasion for a national constitutional convention grew out of a meeting with Maryland to reach an agreement about this Potomac vision, which was being blocked by commercial interests in Baltimore. Ultimately, Baltimore won the commercial race; so it was the Baltimore and Ohio Railroad which captured the early commerce to the west. Washington also made deals, ultimately to Baltimore's benefit, with the James River interests, to give them a share of the development of the Chesapeake Bay trade. As a young man, George Washington had acted as a surveyor for most of this region, and as a young soldier had explored the Indian trade to Pittsburgh, actually starting the French and Indian War during this trip. He was to march it again later with Braddock's army. All the while, Washington dreamed of the day. There were competitors; Philadelphia and New York had similar aspirations for their rivers. Take a look at a globe or Google Earth. Comparatively few of the earth's rivers drain too far western beaches. Even today, long-term victory in worldwide water transportation will likely go to one of many eastern rivers linking up with one of the few western ones. The ultimate world-wide goal has yet to be fulfilled for what continues to be the cheapest of all bulk transportation methods.

Washington at age 54 was already richer than most people need to be; a lot of this Potomac dream was a residual of boyhood ambitions enduring into middle age. In a sense, he had the ambition to make his boyhood home the future center of the universe. Although much of his stock in these real estate enterprises resulted in very little extra wealth, he demonstrated his mixture of public spirit combined with ambition by donating the stock in one of the companies to a future national university, to be located across the river near Georgetown. Since that didn't work out, he later placed the nation's capital there. He had consistently been a far bolder dreamer than Cincinnatus, humble Roman citizen-soldier returning to his farm from the wars.

Washington more or less gave up this Potomac ambition for a loftier one. During the Revolution, he had suffered the most infuriating abuse of himself and his soldiers from the state legislatures. Their urgent demands for victories were seldom matched with resources. The Continental Congress representing those state governments in a weak confederation that could not feed and pay its own troops seemed little better. He could be a mean man to cross, but perhaps with General Cromwell in mind, Washington possessed the firmest and most sincere belief in the proper subservience of military to civilian control. These conflicting feelings resulted in earnest obedience to a group of politicians he surely distrusted. This could not be described as hypocrisy; he respected their rank even though he suffered from their behavior. When Congress paid the troops in worthless currency which they promised to redeem after the war, it became clear that either lack of moral fiber or their system of governance led the states and the Congress in the direction of dishonoring their debt to the soldiers. This was a dreadful system, which led to death and suffering among the loyal troops, forcing the General into the humiliating position of assuring the troops Congress would stand by them, while he privately doubted any chance of it. Washington did not easily forgive or forget. Here was a paltry outcome for eight years of war and suffering; this system of organized dishonor must be improved.

He went about achieving his goal in a way that would not occur to most people. He chose a young ambitious agent, James Madison, who had caught his attention in the Virginia legislature, in the Continental Congress, and in the negotiations with Maryland over the development of the Potomac. Washington schemed with the young man for weeks on end about ways and means, opportunities, dangers, and potential enemies. Perhaps he failed to notice some ways where he and Madison fundamentally differed. Madison himself might not have recognized that his years at Princeton in the Quaker state of New Jersey had exposed him to novel ideas like separation of church and state, which were instantly appealing to the two Virginia Episcopalian religious doubters. Many people he admired, Patrick Henry, in particular, wanted the government to be as weak and ineffective as possible. Unfortunately, when Madison's turn later came for assuming the Presidency, he went along with reliance on diplomacy and persuasion until it almost cost America the War of 1812. Acting as Washington's agent in 1788, Madison was assigned to win over the Virginia legislature, make alliances with other states in Congress, identify friends and enemies, make deals. He performed as brilliantly as he would at the Constitutional Convention, so the basic conflict between the soldier President and his politician assistant was glossed over. As long as the original relationship held together, Washington felt it was useful to remain above and aloof, publicly wavering whether this was all a good idea, but fiercely determined to have a nation he could be proud of. There was to be a Constitutional Convention in Philadelphia, but while Washington was invited, he let it be known he was uncertain whether he should accept the invitation. What he really meant was he would preserve his political credibility for a different approach if this one failed. Considered from Madison's viewpoint however, this clearly meant Washington would dump him if things went badly. Meanwhile, the unknown young Madison on several occasions came to Mount Vernon for three days at a time to talk strategy and give the famous General all the scoop. Today, we would describe Madison as a nerd. The aristocratic Gouverneur Morris never thought much of him. Washington needed him, but there is no evidence he thought of him other than as a glorified butler. Little Madison was awkward among the ladies, a problem inconceivable to either Washington or Morris. But that little mind was surely working, all the time.

Madison was in fact a brilliant politician, a dissembler in a different way, but a severe contrast with his mentor. To begin with, he was a scholar. Both as an undergraduate at Princeton and a graduate student working directly with the great Witherspoon himself, Madison was deeply learned in the history of classical republics. He spent an extra year at Princeton, just to be able to study ancient Hebrew with Witherspoon. But he was innately skilled in the darker arts of politics. When votes were needed, he had a way of persuading three or four other members to vote for a measure, while Madison himself would then vote against it to preserve influence with opponents for later skirmishes. In fact, as matters later turned out, it becomes a little uncertain just how convinced Madison was that Washington's strong central government was a totally good idea. Before and after 1787 Madison expressed a conviction that real sovereignty originated in the states, just as the Articles declared. That was a little too fancy for practical men of affairs, who were uncomfortable to discover how literal Madison was after his break with the Federalists. Twenty years younger than the General. he prospered in the image of being personally close to the titan, and he certainly enjoyed the game of politics. The new Constitution was going to be an improvement over the Articles of Confederation, but Madison did not burn for long with indignation about injustice to the troops, or disdain for nasty little politicians in the state legislatures. These were problems to be solved, not offenses to be punished. The new Constitution was a project where he could advance his career, skillfully demonstrating his prowess at negotiation and manipulation. This is not to say he did not believe in his project, but rather to suspect that he was a blank slate on which he allowed Washington to write, and later allowed others to over-write. He was eventually to modify his opinions as a result of new associations and partners, and since he succeeded Jefferson as President, it was personally useful to adjust his viewpoints to his timing. What would never change was that he was an artful politician, while Washington hated, absolutely hated, partisan politics.

This is not just an emotional division between two particular Virginia plantation owners, but an enduring thread running through all elective politics. Washington set the style for generations of citizen leaders in America. In his mind, a person of honor distinguishes himself in some way before he enters public office, so on the basis of that honorable image, presents himself to voters for public office, and naturally is elected to represent their interests. He is expected to compromise where compromise is honorable and publicly acknowledged, in order to achieve one desirable outcome in concert with other outcomes, in some ways inconsistent but still honorable in combination. He reliably will not vote for either issues or candidates in return for some personal consideration other than the worth of the issue or the candidate, with the possible exception of yielding to the clear preferences of his local district. Such a person is not a member of a political organization very long before he encounters another group of colleagues -- who regularly swap votes for personal advantage, join a group who agree to vote as a unit no matter what the merits, and recognize the frequent necessity to talk one way while secretly voting another. The first sort of politician is usually an amateur, the second type is typically a professional politician. Although it seems a violation of ethics and common public welfare, the fact is the professional vote-swapper almost always beats the sappy amateur. The response during the Eighteenth Century was for idealists to condemn and attempt to abolish partisanship and political parties. The American Constitution does not make provision for political parties and other forms of vote-swapping or even anticipate their emergence. Although Madison ignited the process in the United States, Jefferson really organized it; every recent politician except Adlai Stevenson has openly participated in a version of it. That the Constitution has still not been amended to provide for parties seems to reflect a persisting nostalgic hope that somehow we can return to Washington's stance.

Washington's conception of open representative politics was not entirely perfect, either. In order to maintain an image of impartiality, Washington and his imitators isolated themselves in a cloak, holding back their true opinions in a sphinx-like way that hampered negotiation. Unwillingness to be seen swapping votes can lead to an unwillingness to compromise, and in the final analysis, the difference is one of degree. However, the over-riding issue is that each representative or Senator is equal to every other one. When vote-swapping gets started, it leads to placing power over supposed equals in the hands of the more powerful manipulators, masquerading as political leaders. Ultimately, it leads to the adoption of house rules on the very first day of a session which force lesser members to surrender their votes to a speaker or minority leader or committee chairman, when the theory is that there is no such thing as a lesser member. The claim of a party-line politician is that he obeys the will of the party caucus; the reality is usually that he obeys the will of some tough, self-advancing party leader. The final reality is that most legislatures must now deal with thousands of bills per session, leading to the necessity of appointing someone to set priorities, which in turn leads to the power of party leaders over their grudging servants. These various subversions of the equal rights of elected representatives can lead to such discrediting of the system that honorable people may refuse to stand for office, leaving foxes in charge of the hen house. Benjamin Franklin, who was to play an invisibly controlling role in the impending Constitutional Convention, had his own way of coping with the political environment. "Never ask, never refuse, never resign."

George Washington on the Federal Union

President George Washington

"It is of infinite moment that you should properly estimate the immense value of your national union to your collective and individual happiness; that you should cherish a cordial, habitual and immovable attachment to it; accustoming yourselves to think and speak of it as of the palladium of your political safety and prosperity, watching for its preservation with jealous anxiety; discountenancing whatever may suggest even a suspicion that it can, in any event, be abandoned; and indignantly frowning upon the first dawning of any attempt to alienate any portion of our country from the rest, or to enfeeble the sacred ties which now link together the various parts."

Population Growth: Constitutional Mathematics

Citizens and academics have little appreciation for the intense attention that politicians devote to the rules. By 1787, James Madison had read everything he could get his hands on related to voting procedures, representation, democratic and republican nuances, recent and past. Consider the size of the legislative body, a seemingly inconsequential matter.

Constituents per Congressman

Remember, one way to prevent a particular decision, is to prevent any decision at all. Those who experience blockade by inaction, therefore legitimately argue that improving a committee means reducing its size. That is not invariably the case, because a committee containing inadequate wisdom will seldom be adequately wise. With effective procedures and experienced leaders, a legislative body of two or three hundred can remain productive and efficient. Whatever the limit is, it is safely larger than anything the Constitutional Convention of 1787 had in mind for the United States Congress. The convention concentrated instead on the number of constituents each congressman should have. Divide that number into the population of the nation, and you arrive at the size of the body without specifying it. It would be two centuries before America itself grew to the size where it was necessary to constrain the number of congressmen down to a manageable size. During the earlier years of the republic, there might be a concern that "the body" was too small and thus too easily controlled by personal dominance. But the nation would eventually grow to the point where the size of Congress had to be limited to around 500 members; that would eventually reverse some important considerations. If we ever reach a size where both the size of the body and the number of constituents per congressman are both undesirably large, there could be a lot of squirming.

The House of Representatives has remained frozen at 435 since 1913. A law to remain at that size was passed in 1929.

The focus the founders chose was the number of constituents each representative should have. Here, the argument was that a congressman representing a small group would likely respond to the narrow parochial interests of that small group, while a representative of a large group would more likely have many narrow interests to consider, thus be more likely to represent the interests of the nation as a whole. Natural conflicts between farmers and fishermen would illustrate this dynamic; small districts or less numerous ones would likely split between those representing fishermen and those representing farmers, large districts or more numerous ones would force the representative to respect the interest of both. Small districts would be more partisan, in this view. However, the founders recognized it becomes more difficult to influence a representative who has too many constituents. An amendment was even proposed to limit a congressional district to thirty thousand voters, but it was never ratified. While the electorate hesitated, the country grew to the point where three hundred million inhabitants would produce a House of Representatives of more than twenty-five thousand Congressmen, far too large to operate in anything resembling its present methods. Forced by population growth to choose between an unworkable legislative body, and the originally intended personal familiarity between Congressmen and constituents, the familiarity was sacrificed and political machines came to dominate the selection process, mainly at the level of the nominating primary election. It was probably unnecessary for political parties to become so partisan so soon, but the ultimate result was inevitable in a growing nation. Since many of the non-democratic nations who might consider adopting our system are already larger than we are, there is little doubt that the size limitations of deliberative bodies are presently inhibiting democratic transformations. Eventually, even we will have to confront the issue, and it is past time for us to be discussing what we would like to do.

It is disconcerting to reflect we have already experienced some examples of the power of the representation issue and seen it can have some major effects. At the time of the Constitutional Convention, the number of members of the House and Senate was probably too small. The House soon grew to be the more powerful of the two because it had enough members to staff a wider variety of committees; in time the Senate grew more slowly and overtook the overpopulated House in influence. At present, the main problem is that both legislative bodies are being overshadowed by the enormous bureaucracy in the Executive Branch, with much longer average tenure and far less responsiveness to manageable electorates. Indeed, the elected representatives are slowly being forced to pander to the voting power of the bureaucracy in Maryland and Virginia, and the rural bias of state legislatures who have retreated to isolated rural villages in order to avoid the press and public scrutiny. Few people could now name their state representatives; in time that will be the destiny of Congressmen and Senators. The representation concern was widespread at the time of the founding of the country; it was accepted during the 18th Century that republics must remain small to remain republics. Madison found this to be one of the most serious obstacles to agreeing to a national republic, and he took considerable trouble to rebut it. This theory was behind the otherwise peculiar concept which Benjamin Franklin had advanced for many decades, which was that England and British America ought to have separate parliaments, united in allegiance to the same king. There seemed little difference between that commonwealth idea and the design of the Articles of Confederation with thirteen colonies reporting to the Continental Congress, so it was fortuitous that the abject failure of the Articles made it unnecessary to argue the merits of this multi-chamber approach at the Constitutional Convention.

Article the first... After the first enumeration required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less* than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more** than one Representative for every fifty thousand persons.

Ratified but Never Acted On

Nevertheless, it was a serious concern, based on clear logic. The anti-Federalists were a national group, ultimately a political party of individualists hostile to overbearing top-down authority. Their cause was hampered by the plain failure of the Articles of Confederation, but nevertheless, they were legitimately very restless about a Congress with a weak perception of its duty to represent minorities. The anti-Federalists somehow envisioned each representative as a lawyer defending local interests at court. Indeed, in the days of a strong British monarchy, that was essentially how the British Parliament operated. As the King lost effective power to rule, ministries elected from within the Parliament took over the powers and attitudes of monarchs. In a sense, that was worse, because the districts lost their power to nominate their own representative, who was selected for them by the party leaders -- now acting in the role of substitute King. So that was no good, either, and the anti-Federalists even though collectively a majority, were basically supporters of the Articles of Confederation, and the Articles were a failure. They thus lost the ratification battle, but although soon taking over the government, had no better proposal to make. A few decades later the South seceded and essentially reinstated the Articles of Confederation in their own part of the country; once again the loose confederation idea failed.

In advancing his argument that a large republic was indeed going to be workable, Madison promoted the idea that a large constituency would produce statesmen of distinction. Only a person of great merit, wealth and effectiveness would be well enough known to be elected. Therefore, congressmen with large districts to represent would tend to be rich, well-born and famous. Senators would be even more so because they were selected by legislatures and governors (before the Seventeenth amendment), and thus the entire government would become progressively and permanently made up of the elite. Madison particularly liked this idea, because it seemed to solve what he considered the main flaw of an elected government. Poor people would always outnumber rich ones, and would inevitably use their voting power to enrich themselves at the expense of the upper classes. Constructing an elitist government by enlargement of congressional district size was thus a highly elegant design feature. Unfortunately for Madison, the scheme didn't produce that result.

Much has been written about the most famous about-face in American history when Madison the Federalist founder became Madison the leader of the anti-Federalist faction. Madison, George Washington's trusted Federalist agent, became Jefferson's anti-Federalist agent, and Washington never spoke to him again. Briefly, it has been speculated that the Virginia tobacco plantation culture out of which Madison had emerged, had begun to crumble, undercutting Madison's Virginia base. And it has been speculated that Hamilton's spectacular leadership of the American banking version of the Industrial Revolution unsettled Madison's earlier conviction that the Old Dominion of Virginia could easily rule the new nation. And it has been muttered that Madison, the ever-scheming politician, saw that his own future presidency would be more enhanced by Jefferson's popularity than by Washington's physical leadership in his lame-duck years. There may be still other important considerations in Madison's famous switch which we can only hope historians will be able to uncover. But there seems little doubt that Madison was able to see with his own eyes that the Congress of Merit, Distinction, and Success which he had imagined would result from large congressional districts, had in fact already in Washington's administration begun to deteriorate into the stereotype of professional politician which today's satirists and cartoonists are pleased to pillory in their blogs on the Internet. Madison had feared the poor would outvote the rich, but in fact, the main form this demographic took was that machine politics and special-interest factionalism essentially drove the natural leadership of gentlemen entirely off the stage. The rules changed; winning this game required aggressive power and organization, not just the offer of service.

A committee containing inadequate wisdom will seldom be adequately wise.

Over time, the relationship between the Senate and the House of Representatives changed, and the size of the membership had much to do with it. At first, the House was more powerful and prestigious. Direct election by constituents had more prestige than appointment by Legislatures. Later on, the Senate was a more suitable size as a deliberative body than the much larger House; running for election every six years was much to be preferred over running every two years. In the past century, the volume of work forced both bodies to develop a standing committee system. With five hundred members, the House could develop specialists in certain areas, and often a senior member in a safe district could remain in a topic area for thirty or more years. The Senate had fewer members, so each Senator is on several committees. Whatever the merits of a smaller deliberative body, the Senators have increasingly found themselves spread too thin, with new members taking too long to become expert, and older members too tired to keep up with everything. The consequences in both chambers have produced a phenomenon that even Madison never envisioned.

The legislative staff has continued to grow and has in general grown increasingly professional and proficient at their jobs. In general, the staff went to better Universities and got better grades there than the member they work for, and need not worry about running for election. Often having spent their lives immersed in a legislative topic, they know it cold. Consequently, we have all the makings of a "Yes, Minister," phenomenon in which the people who were not elected are more expert and more academically serene than the member who was elected, and who has the vote. The member and the staff member desperately need each other to succeed, but nevertheless, the potential for secret resentments and secret contempt is present every day in a highly tense environment of constant overwork. The present code word for this underseas warfare is that the Congress is "dysfunctional", a condition no one who has read much history would worry about. When Ronald Reagan introduced the idea of shrinking the government, and the younger George Bush actually tried to do it, the result was leaked to the newspapers and rumors to the effect that a President who had gone to Yale and had an MBA from Harvard, was a pumpkin. Just how serious all this is, and how exaggerated, is hard to say. But it is a concept that would have dominated the thinking of James Madison for months if it had ever occurred to him. We have entered an era of 1200-page bills, much of which the first surface in conference committees a few hours before the vote. Only a handful of members and a handful of staff know what is in these bills, and it can sometimes be a month after passage before the press discovers many buried features. The members cannot master these masterworks of legislation, so they get bigger by being patched. And by getting bigger, it is harder to master them. If, as someone like Ronald Reagan would genially remark, we just fired all the staff, then the bills would be reduced to one or two pages. In some ways, the legislation would be better, in some ways worse. But it would be different because maybe it should be different.

George Washington Defends Philadelphia in New Jersey

Perth Amboy Map

Not everyone would think of the New Jersey town of Perth Amboy as part of Philadelphia history or culture, but it certainly was so in colonial times. Sadly, the town is now somewhat run-down.

To understand the strategic importance of Perth Amboy to Colonial America, remember that King James thought of New Jersey as the land between the North (Hudson) River and the South (Delaware) River. This land has a narrow pinched waist in the middle. New York Bay pinches on one side, Perth Amboy marking the deepest penetration of that pinch on the East. The Western pinch is from Delaware Bay, which has a sharp angle at Trenton marked by waterfall rapids in Colonial times, where the Delaware River makes an abrupt turn from Easterly to Northwesterly. Quite naturally in the Nineteenth Century, a canal was eventually constructed along this narrow waist between two large bays, and it is easy to see why the Seventeenth Century regarded the connecting strip of land as the likely future site of important political and commercial development. The two large and dissimilar land masses adjoining this strip -- sandy South Jersey, and mountainous North Jersey -- were sparsely inhabited and largely ignored in colonial times.

New Brunswick

The name, Perth Amboy, is modified from local Indian word with the Perth part reflecting that East Jersey was primarily settled by Scottish Quakers. Like Pittsburgh at the conjunction of three rivers, Perth Amboy's local importance was that it sits at the mouth of the Raritan Bay extension of the Raritan River as it empties into New York Bay, just inside Sandy Hook. The second "river" of the fork is really just a channel between New Jersey and Staten Island. Viewed from the sea, Perth Amboy sits on a bluff, commanding that junction. (Staten Island, in a sense, here seems more naturally a part of New Jersey than New York). Amboy was the original ocean port in the area, soon overtaken by New Brunswick further upriver, as increasing commerce required safer harbors. It was the capital of East Jersey, and then the first capital of New Jersey after East and West Jersey were joined in 1704. The Royal Governor's mansion still stands there in much reduced circumstance. The grand houses of the Proprietors and Judges overlooked the banks of the bay. The last Royal Governor was William Franklin, an illegitimate son of our Benjamin. When Benjamin was stationed in London as a representative of Pennsylvania and Massachusetts, the appointment of William to a plush job in the colonies was just the normal method of government, made somewhat shabbier by King George III. Urged on to be a really King-like King by his mother, George III had considerably expanded the system of buying the loyalty of important people by giving them jobs and favors. Where people were already rich and powerful, they were offered monopolies and protective tariffs in return for their loyalty, and irritation at such intrusions into the trade was to be a main incitement of the American Revolution. William and Benjamin eventually had a permanent falling-out over political matters, and naturally American historians take the side of the father. However, it would appear that William was in fact a very good governor, a charming and diplomatic person, who used his considerable talents to smooth over the local conflicts between his King and his neighbors. Even after hostilities broke out and the rebels took over the government, William Franklin stayed on trying to calm things down, instead of fleeing behind the British lines as most Loyalists tended to do. His reward was to be packed off to confinement in Connecticut.

Sir Henry Clinton

Speaking geologically, the Raritan River is a little trickle running along the path of what was once the northern entrance to Delaware Bay. In prehistoric days, southern New Jersey was a sandy barrier island, but the gap gradually filled in along the route from Perth Amboy to Trenton, leaving sheltered harbors at both ends of a strip of unusually fine farmland attractive to early settlers. By the time of the Revolution, the strip was comfortably settled by rich farmers who tended to favor the Loyalist cause, while the pine barrens to the South and the hilly woods to the North were inhabited by newer immigrants who tended to be poor and hence favored the rebel cause. In his autobiography, Benjamin Franklin relates how, a boy, he came from Boston to Philadelphia by coming down from Perth Amboy (the capital of East Jersey) to Trenton and nearby Burlington (the capital of West Jersey), and then down Delaware to Philadelphia. Later on, Washington was to retreat down the same path from his defeats in New York, hotly pursued by the British. After the battle of Trenton, Washington promptly chased the British back up the Raritan to New Brunswick and Perth Amboy and bottled them up there by establishing winter quarters in Morristown. Much later, when the British General Henry Clinton later abandoned Philadelphia, which General Howe had captured by coming in the back door from the Chesapeake, the British marched back up the same Raritan waist of New Jersey by first crossing the Delaware to Haddonfield, up the king's Highway to Trenton/Burlington, and then East to New Brunswick and the British fleet. This was the main highway of the middle colonies, and the persisting term "King's Highway" was once completely appropriate.

When considering the relationships between New Jersey's Raritan Strip and Philadelphia in later decades, the names of Aaron Burr, Thomas Edison, Albert Einstein, Robert Oppenheimer, Doris Duke, and Charles Lindbergh come up, along with a number of others whose tales need retelling. College football was invented in a game between Rutgers and Princeton, eighteen miles apart, and Woodrow Wilson started the movement to put an end to college fraternities, called eating clubs at Princeton. But the strip itself seems to have been glorified only by Thornton Wilder.

A short play called A Happy Journey To Trenton and Camden has been a favorite production by the drama societies of Rutgers, Princeton and Lawrenceville for almost a century. As written by Wilder during the time when he was a school teacher at Lawrenceville, the occupants of a Model T rattle and bump along the strip, commenting on the passing scene. Both the play and the strip deserve more attention than they usually get.

Monetary Causes of the American Revolutionary War

Milton Friedman The Father of Monetarism

Milton Friedman won the 1976 Nobel Prize in Economics (more accurately, the Bank of Sweden Prize in Memory of Alfred Nobel), for generating controversial ideas made even more annoying to his professional adversaries by his matchless knack for attaching memorable slogans to them. A phrase in question is that "Inflation, always and everywhere, is a monetary phenomenon." Turned around, the converse emerges that the great deflation and depression of the 1930s was caused by a global monetary shortage. Then, to extend the same idea to the American Revolution, it could fairly be argued that inept British contraction of colonial coinage had a lot to do with provoking us to seek independence.

French & Indian War

Following the French and Indian War, the colonies experienced a major commodity depression which seems to have been caused by wartime shortages followed by post-war surpluses (associated with failure to adjust to the resulting financial confusion). In Milton Friedman's theory, it is the task of any government to maintain stable prices by balancing the amount of currency in circulation with the size of the gross national product. In 1770, the British Exchequer would thus have had to expand and contract the amount of currency in circulation pretty rapidly to maintain economic stability in the bumpy Colonial economy. Essentially, they had to ride a bucking broncho three thousand miles away. In the Eighteenth Century, there was no trace of understanding of the issues involved. Adam Smith's Wealth of Nations was only published in the fateful year of 1776, for example. Even if the techniques for maintaining stable prices had been crystal clear, there was a thirty-day lag in communication across the Ocean, and comparable lags between the colonies, where different imports and exports were affected at varying times. So it is a little harsh to blame the British for the chaotic result, except to notice that strongly centralized, the trans-Atlantic government was by nature unsuitable for managing rapidly-changing problems, currency and otherwise. The British government had more than a century of experience that should have made that clear. That's what the colonists said, in effect, and their solution for it was Independence.

George III

If you believe Friedman, a shortage of coinage causes a fall in prices or deflation. To correct that, you need a central banker constantly fine-tuning the currency. But banking in the colonies was too rudimentary to consider such a thing. If you needed a mortgage, you went to a prosperous neighbor and borrowed directly from him. That was fine because prosperous colonists had limited opportunities to invest their money conveniently, except by loaning money to their neighbors. Indeed, local communities were knit together socially by the mutual assistance of successful farmers directly assisting their less fortunate neighbors. However, pioneer farming

Depression-era Farm Family

communities are far too unsophisticated to remain tranquil when problems arise out of abstractions. Suddenly and without apparent explanation, in 1770 there was no money for anybody to use, and the fellow with a mortgage on his farm couldn't make his payments even though he was otherwise entirely successful. His creditor himself than couldn't pay his own bills, and eventually, even the kindliest ones were driven to foreclose the mortgage. It was said to be common for a farm worth $5000 to be sold to satisfy a mortgage of $100. And in this way, many honest and once-prospering farmers were forced to walk past their old home, now owned and occupied by a formerly friendly neighbor. It all seemed bitterly unfair, no one understood what was happening, evil motives were readily suspected, and old religious and personal grievances were heightened. When the British finally imposed a total ban on paper money as well as a prohibition of the export of British coinage outside the United Kingdom, things became almost impossible to manage. Almost no one knew exactly what was going on, but everyone could see it was bad. The colonies rapidly deteriorated toward class warfare, which is what the division between Tories and Rebels was soon to become, with both sides quite rightly asserting they were not responsible, and quite wrongly asserting the other must be.

From a far distance, it can be readily perceived the primitive banking and transportation systems of that time were inadequate to respond to the rapidly changing financial problems of a global empire; and it can be readily surmised that many other non-financial issues of governance were similarly hampered by attempting to centralize control over vast distances. In that sense, the colonists were approximately correct in directing their indignation to the person of King George III, whose mother was constantly nagging him to "be a real King". He had the particular misfortune to be dealing with Englishmen, deeply aware of the hidden political agenda made possible in the 13th Century by the Magna Charta and made explicit in 1307, when Edward I agreed not to collect certain taxes without the consent of the realm. Essentially, Parliament placed taxation in the hands of the people, who consistently withheld consent until the king gave them just a little more liberty. This was the reason irksome micromanagement of the distant colonies was immediately countered with the cry of "No taxation without Representation" since membership in the House of Commons was a traditional and historically effective means to the end. But it was getting late for this solution. Maritime New England now wanted to go further than that in order to dominate Western Atlantic trade. Virginia and the rest of the South wanted to go all the way to Independence in order to exploit the vast empty interior wilderness of Ohio and beyond. But the Quaker colonies in the middle felt quite sympathetic with John Dickinson's advice to remain part of the Empire and make a stand for representation in Parliament. When the Lord Howe's British fleet appeared in lower New York harbor an immediate choice had to be made, and ultimately the Quaker colonies were swayed by Benjamin Franklin's embittered report of his mistreatment in Parliament, and his assessment that he could persuade the French to help us. However reluctant they were to resort to force, the Quaker colonies had to choose, and choose immediately: either flee as Tories to Canada, or stand and fight.

Addressing the Flaws of Republics

EVERYONE might profit from reading Plato on the subject of republics, not to mention reading James Madison. Both The Republic and The Federalist were conjuring republics they proposed, not ones they had experienced. After Madison did get the hands-on experience he had such radical changes of opinion his friend George Washington essentially never spoke to him again. Not only in republics, of course, does reality prove different from founding theory. It might seem more measured to say of republics that two centuries of their reality proves to be such an extension of theory, it effectively departs from it. In essence, the Republican idea is to limit the voters to one periodic review of their representative's term of office overall, not in ongoing picky detail which would hamper him. This definition contrasts republics with democracies and implies the reason to favor republics. The elected representative is given full power to act during his term in office, but must eventually face the voters for accounting at the fixed time for re-election. Plato and Madison were right about extending latitude to one's chosen representative, but they failed to predict how effectively that latitude might be stolen by the legislative body itself and controlled by rules and leadership which skirt ratification by the general public outside their chamber, in any district. The Romans, of course, did know what they were talking about, but history has tended to ascribe Roman difficulties -- assassinations, for example -- to flaws in Roman character rather than in the construction of the Roman Republic. After describing some problems history has revealed about our own system, this essay is written to propose a solution. A second essay follows, to defend that solution.

Joseph L Bristow

The differences between House and Senate in the original U.S. Constitution were three, but since the Seventeenth Amendment in 1913, there are now only two. Originally, Senators were selected by the states they came from, mostly by the legislatures. A century of experience demonstrated the result was cronyism, members of the legislature using senatorial appointments as bargaining chips and for the most part limiting the choice to one of their own members. The provision probably did attract a higher grade of legislator overall, encouraging those primarily ambitious to be U.S. senators to have a try-out in the minor leagues first. It did give the State government serious power to punish a U.S. senator who failed to please the home state. And this selection process made it simpler and cheaper to run for the job as U.S. senator. This feature encouraged candidates with competing for career choices, otherwise discouraged by the expense and unpleasantness of candidacy, to step forward. But by 1913 all this was seen as a way for cronyism to dominate the process, swapping appointments for favors, or even more tangible bribes. From the distance of another century, it can be seen that the steadily declining power of state legislatures was matched by a declining quality of their elected membership, leading to a rising level of sordidness in their foibles. Hapless amateurs were largely supplanted by career politicians. After the Civil War "states rights" stirred up memories of secession and led to a deliberate weakening of the states' role. Whatever the reasoning, the mentality of Progressivism was sweeping the country in 1913, and popular election of senators was deemed a Good Thing, swept into general satisfaction. Doubt about whether it all made as much difference as claimed lies in the reality that from 1913 to 2010, one quarter (182) of all Senators have first arrived in the Senate through appointment by a Governor to fill an unexpired vacancy. Many of these vacancies have of course been contrived for the purpose.

The relative power of a senator and a representative lies in the size of the population who vote for them, and the frequency with which they must endure that unpleasantness. Members of the House are elected for two years and members of the Senate are elected for six; the voting constituency of 100 Senators is generally much larger than that of 532 Representatives, so because the population grows faster than the number of states, the representation discrepancy also grows. The frequency of running for reelection seems to be so irksome that whenever a Senate seat falls vacant, some sitting Congressman from that state is almost certain to try to switch. Of course, it is true that with only a quarter as many senators as congressmen, the power of each vote is weightier. To the extent that committee memberships represent special insider power, a senator does belong to more committees but is more severely stretched to attend them all. Each senator's vote does have a greater scarcity value, but a Representative who tends to business is more likely to know what he is talking about, hence better able to be influential in the committees where most matters are really decided. The limits of merit promotion in both houses of Congress lie in the differing power of various committees, while the favor of appointment remains within the iron control of caucus leadership. In public, senators seem generally more polished and experienced in public persuasion. The persuasion that counts, however, is of gaining the respect of colleagues in your own legislative body, always restrained by the power of leadership to coerce conformity. Public persuasiveness, by contrast, is often little more than glibness, reflecting greater experience with dodging an issue to conceal a lack of depth in it. Almost all senators aspire to the presidency, although few achieve it. No Congressman has been elected President since Warren Harding; indeed, few Congressmen even dare to seek the nomination. The appointment of Gerald Ford was a special situation. However, it is worth pondering that during the early days of the republic, the House of Representatives was considered much more prestigious than the Senate, and that curiosity continues to raise an important question just why it is now reversed.

George Washington

The differences in prestige between the House and the Senate cannot be ascribed to the comparatively minor differences in their Constitutional definition, the size of their district and the frequency of election. Otherwise, we could immediately improve the quality of congressmen by reducing the limit of their number and frequency of re-election, which scarcely anyone has proposed. The more likely source of the problem can be found in the differing rules of procedure which each body has adopted; and reaffirms at the opening of each term. Various strategies of committee assignment and seniority have adapted to the reality that newly elected politicians rarely have any skills other than the ability to get elected. But almost everyone can learn, given enough time being exposed to a topic. A seniority system can occasionally lead to someone who is hopeless, gradually floating into a position where he can do great harm. Provision must be made for graceful exceptions to the seniority rule, usually by excluding a member from important committees until he has demonstrated some competence, less often by later dropping someone who has age- or alcohol-diminished faculties. Underlying this approach is a contempt bred of experience for the wisdom of the voters, back there in the district, whereas the leaders of the fraternity can protect the nation by judiciously devised rules. Sometimes it is, unfortunately, necessary to be a little hard boiled.

So far so good. When Jefferson and Martin Van Buren invented political parties, the bodies of Congress responded by inventing caucuses. George Washington was not a learned man, but he knew he hated this system. James Madison probably feared political parties more than he hated them, so he incurred Washington's permanent displeasure by getting good at manipulating what he saw as the winning strategy. Van Buren's fate was more ironic; after inventing many of the unpleasant little strategies of modern politics, he was defeated by William Henry Harrison in the "log cabin" election of 1840. Harrison hadn't been born in a log cabin at all, he was born in a Virginia mansion, hee, hee, hee. George Washington wouldn't have chuckled at that one, he would have been livid.

Henry Clay

Party caucuses have only one central feature, which is vote-swapping. Many of the strategies of this unattractive behavior were outlined in elegant detail by Pliny the Younger, in the Roman Senate, and James Madison the student of government had sought to avoid them. When he decided it was hopeless, he joined them and got good at it. In retrospect, the premier example of vote-swapping was the trade which Madison and Hamilton made, placing the nation's capital in Virginia/Maryland instead of Philadelphia, in return for federally redeeming the Revolutionary debts for all 13 states, when Virginians had already paid theirs off. Philadelphia had essentially nothing to say about it. Pliny had cautioned and subsequent practitioners have followed the advice to cover your tracks by swapping votes for an issue seemingly unrelated to the one in dispute. That's about all there is to vote-swapping, find out what the guy wants badly enough, and trade him something for it. It follows that it's wise to give off the appearance that you don't want much of anything. A corollary is that political caucuses try to conduct even innocent or public-spirited discussions in secret, making public only what is expedient to be made public. And a further corollary: some members of a caucus are from totally "safe" districts. Occasionally their votes can safely be traded for something the opposing party wants but the caucus feels necessary to claim to oppose. When a caucus wants something badly enough to trade it for something else but is three or four votes short, the opposing caucus may trade the four votes from safe districts while violently denouncing the dirty turncoats. All this is known as party loyalty. When things are particularly tough, party loyalty can be enforced by finding out what you want badly and taking it away from you. When these whips are applied to you, a grievance develops. Fine, what do you want to trade in return for vengeance? Many of these refinements seem to come, not from Rome, but from Sicily.

As was stated at the beginning, the purpose of this essay is not to rail at Congressional corruption, but to counteract it to some degree. Since the worst features of this system require secrecy and public duplicity to be effective, the best remedy is sunshine. Not about what Roosevelt did in his third term, but about what your local congressman might do next week, and his fear you will find out. His fear that a blogger will tip off the local newspaper or radio station, encouraging someone else with the ambition to file for election against you. And his fear that when he asks someone for a campaign contribution, that person will bring up the topic in question. His fear that the local political boss will decide he can't win.

Boxing Politicians

This was more or less the system which the founding fathers, James Madison chief among them, envisioned for this shining city on a hill. And which two centuries of rather clever schemers have gradually eroded. The highly desirable feature of a republic is that the elected person is free to represent his own interpretation of what is best for his district or, failing that, what is best for the nation. The elected representative is encouraged to risk defeat in the next election, if in his judgment what is good for the district is bad for the nation. But he is not a suicide bomber if his vote will make little difference in the outcome he can be forgiven for taking cover. One would wish that fewer of them would speak one way and vote in the opposite direction, but that can be forgiven if someone back home in the district is keeping score and letting others know of it. The fundamental principle of a republic as distinguished from a pure democracy is that a representative, while free to act during his term in office, remains obliged to face the voters at the appointed time. Our system has come to exaggerate the actual extent of freedom to use judgment because the freedom has been stolen by party leaders through the application of schemes too devious to detail. But freedom is fundamentally a good thing. What has come to be so lacking is the idea of facing an informed electorate in making a choice between you and an informed opponent. The public, it must be feared, doesn't know beans.

And so the proposal for fixing this mess is difficult, but it can be stated simply. The recent economic boom created nearly a thousand billionaires; maybe four hundred would be a number that would escape challenge. If only fifty of them would endow think tanks in all fifty state capitals, and the fifty-first would endow an organization dedicated to making their research available to the public, then perhaps another fifty would be prompted to create a second think tank in each state capital on the opposite political side. Two polarized think tanks in each state capital, just imagine it. As things now stand, it would be a sufficient first step if that happened in only one state, and the rest of the country could watch what happens.

.......................................Marshall

John Marshall

Marshall had one advantage over Franklin -- youth. Seeing what was needed, and the first three Chief Justices had failed to supply, he accepted John Adams' appointment to be Chief Justice immediately. He then devoted his remarkable legal mind to a whole lifetime of strengthening the role of the Supreme Court as the Federalists had intended, and as the Jeffersonian party had attacked. Marshall promptly found ways to confer on the Court the ability to review and prevent unconstitutional behavior by the Presidents and Congress, the other two co-equal branches of the national government. But his main task, never completely successful, was to devise hammerlocks for those intransigent state legislatures. Marshall quickly acquired enemies who were allied with the legislatures, especially Presidents Jefferson, Madison (!) and Jackson, who would all gladly have cut his political throat.

Although Marshall always seemed to win his battles, he did have to exercise caution in the face of Andrew Jackson's ruthless willingness to fight dirty. In his own view, he probably would be said to have lost the whole war, if his life's goals could be stated as trying to prevent the country from disintegrating into a civil war by learning to play by fair rules. Lincoln gets credit for saving "The Union" (that is, national government under the 1787 Constitution), but at a price of 600,000 casualties. Only if you add a further century to the review, can Marshall (and the 1787 Constitution) be viewed as a success.

Alexander Hamilton, Celebrity

He had the kind of taudry private life and flashy public behavior that Philadelphia will only tolerate in aristocrats, sometimes.

It comes as a surprise that most of the serious, important things Alexander Hamilton did for his country were done in Philadelphia, while he lived at 79 South 3rd Street. That surprises because much of his more colorful behavior took place elsewhere. He was born on a fly-speck Caribbean island, the "bastard brat of a Scots peddler" in John Adams' exaggerated view, was orphaned and had to support himself after age 13. The orphan then fought his way to Kings College (now Columbia University) in New York in spite of hoping to go to Princeton, and has been celebrated ever since by Columbia University as a son of New York. He did found the Bank of New York, and he did marry the daughter of a New York patroon, and he was the head of the New York political delegation. As you can see in the statuary collection at the Constitution Center, he was a funny-looking little elf with a long pointed nose, frequently calling attention to himself with hyperkinetic behavior. Even as the legitimate father of eight children, Hamilton had some overly close associations with other men's wives, probably including his wife's sister. Nevertheless, he earned the affection of the stiff and solemn General Washington, probably through a gift of gab and skill getting things done, while outwardly acting as court jester in a difficult and dangerous guerilla war. There is a famous story of his shaking loose from the headquarters staff and fighting in the line at Yorktown, where he insolently stood on the parapet before the British enemy troops, performing the manual of arms. Instead of using him for target practice, the British troops applauded his audacity. Harboring no such illusions, Aaron Burr later killed him in a duel as everyone knows; it was not his first such challenge.

Alexander Hamilton

Columbia University President Nicholas Murray Butler told other stories of celeb behavior to reinforce Hamilton's New York flavor. But in the clutch, General Washington learned he could always trust Hamilton, who wrote many of his letters for him and acted as his reliable spymaster. When the first President faced signing or not signing the fateful bill to create the National Bank, a perplexed Washington had to choose between: the violent opposition of Thomas Jefferson and James Madison, or the bewildering complexity of Alexander Hamilton's reasoning in arcane economics. On the one hand, there was the simple principle that owing money was seemingly always evil; on the other was the undeniable truth that for every debit created, you create a balancing credit somewhere. Washington ultimately chose to go with Hamilton, whose reasonings he likely didn't understand very well. If you doubt the difficulty, try reading Hamilton's Report on the Bank, written to persuade the nation and its first President of the soundness of his ideas. And then consider the violence of even present-day arguments about such "supply side" economics.

Nicholas Murray Butler

All of these momentous events happened in Philadelphia at places now easily visited in a morning's stroll. But Hamilton's image as a Philadelphian, doing great things in and for Philadelphia, was forever tarnished at one single dinner he hosted. Jefferson and Madison, his political opponents but his guests, were persuaded to provide Virginia's votes for the federal takeover of state Revolutionary War debts, in return for offering New York's votes for moving the nation's capital to the banks of the Potomac. True, Pennsylvania allowed itself to be pacified with having the capital remain here for ten years while the southern swamps were being drained. But it was Hamilton who cooked up this deal and sold it to the other vote swappers. Philadelphia felt it was entitled to the capital without needing to ask, felt that Hamilton was deliberately under-counting Pennsylvania's war debts, and this city has never appreciated the insolent idea that its entitlements were forever in the hands of wine-swilling hustlers. As the economic consequences of this backroom deal became evident during the 19th Century, it was increasingly unlikely that Philadelphia would lionize the memory of the man responsible for it. Let New York claim him, if it likes that sort of thing. When Albert Gallatin, who was more or less a Pennsylvania home town boy, attacked Hamilton as a person, as a banker, and as a Federalist -- he had a fairly easy time persuading Philadelphians that this needle-nosed philanderer was an embarrassment best forgotten.

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REFERENCES

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Alexander Hamilton Ron Chernow ISBN:978-0-14-303475-9

Amazon

Fort Washington, PA

British Campaigns

The Revolutionary War lasted eight years, so there are a half dozen Fort Washingtons, in several states. Pennsylvania's Fort Washington gets free advertising from being a stop on the Pennsylvania Turnpike at the intersection of the East-West branch and the North-South branch, near some very large shopping malls. Nevertheless, the suburbs haven't reached it yet, and it is on a series of wooded mountain ridges discouraging housing development. Another way of describing its location is that it is several miles north of Chestnut Hill along the Bethlehem Pike, a road which begins in the center of Chestnut Hill at Germantown Avenue. The Pike is quite old, with many surviving colonial-era houses and inns to liven up the trip.

A third way to describe Fort Washington is that the headquarters were at the point where Bethlehem Pike crosses the Wissahickon Creek. How's that again? How does the western Wissahickon Creek then flow uphill to Chestnut Hill? Of course, it doesn't, but the appearance takes some explaining. The northwestern end of Philadelphia is reached by two ancient roads running on ridges quite close together like the split tail of a fish. Germantown Avenue runs up one ridge, and Ridge Avenue runs up the second ridge closer to the Schuylkill. The Wissahickon runs in the gully between these two ridges and tumbles down the hill at Wissahickon Avenue, or Rittenhousetown if that is more understandable. The ridge of Ridge Avenue is essentially cut off by the creek, but engineers have put Ridge Avenue on a high arching bridge as it crosses the creek far below, and by this magic Ridge Avenue and Germantown Avenue are at about the same height most of the way. The Wissahickon Creek is really running downhill the whole way, but sort of disappears from sight and reappears as it twists through the gorges, misleading the casual visitor (or commuter). As happened so often during the Revolutionary War, Washington showed his understanding here of geography in the service of guerrilla warfare.

Since the British were headquartered in Germantown, and the Americans have camped a few miles away on the same creek, it was inevitable there would be some sort of battle in the region. Washington launched a three-pronged attack on the British soon after arriving at Fort Washington, but his troops fired at each other in the fog, and apparently, two prongs more or less got lost in the gorges. The Americans retreated, and the British consolidated their conquest of Philadelphia. They did launch one surprise attack on the American encampment (the Battle of Whitemarsh), but that was mainly a reconnoiter, given up after a few days when it became clear Washington's troops held the high ground. It really is high ground (hawk-watching platforms and all) for reasons already stated. Chestnut Hill is a pinnacle sticking up on the west side of the Creek, with the Wissahickon snaking around its base.

This really was a perfect place for Washington to aim for after the Brandywine Battle, close enough to threaten the British, located in a bowl-like valley for camping, but terminating at the top of a mountain ridge in case the British counter-attacked. And with plenty of running water from the Wissahickon. However, it was a little too close for comfort, and he withdrew across the Schuylkill into Valley Forge as a more substantial natural fortress. Valley Forge is also on a hilltop, but one sitting in the middle of the Great Valley (Route 202 to Wilmington), as the center of an angel food cake tin. No doubt, the advantages of this new location became evident to him at the earlier skirmishes of the Battle of the Clouds, and the Paoli Massacre, which occurred nearby.

In retrospect, these maneuvers and skirmishes were of little military significance, except for the major Battle of Brandywine. The lost opportunity was the chance to catch the British Army without supplies or access to the Navy, aborted by what was probably a hurricane, the so-called Battle of the Clouds. Philadelphia was lost, and the opportunity to win the war early by smashing a third British army was gone for good. The defeat of the Hessians at Trenton, the loss of Burgoyne's army at Saratoga, and a victory on the outskirts of Philadelphia might together just have finished the War. But things didn't work out, the British similarly missed some opportunities, and the war was to last another five years. Once the French allied themselves, their wealth and naval strength tended to make French priorities dominate strategy.

Nevertheless, a perfectly splendid tourist trip awaits the history buff who travels from Elkton, Maryland, where the British landed, to the Battle of Brandywine battlefield, up the Great Valley to Immaculata University where the Battle of the Clouds took place, over to the Battlefield of the Paoli Massacre, crossing the Schuylkill and going to Whitemarsh, then to Fort Washington, and back up Bethlehem Pike to Germantown Avenue, and down to the Chew Mansion. The campaign for the conquest of Philadelphia ended with the fall of Ft. Mifflin when the British fleet was finally able to re-supply Howe's army. This direct auto tour is a little out of chronological sequence, but it can be done in one day if you don't dawdle. If you slow down and spend an extra day, you can include the Moland House where Washington waited to see where General Howe was going. At the right season, there's hawk watching on the ridge at Fort Washington Park, and maybe on to Trenton, or even up the New Jersey waist to Perth Amboy on lower New York Bay, where the Howe brothers began and ended their Philadelphia adventure. That would take you past Princeton and New Brunswick, or even include a trip to the Monmouth Battleground. With this extension, you have traveled much of the extent of the Revolutionary War in the Mid-Atlantic states.

Powel House, Huzzah!

Elizabeth Powel

If George Washington were still alive he would no doubt be a Republican, but the term Republican Court actually has nothing to do with R's and D's. It was a scheme deliberately cooked up by Washington and Madison to enlist support by the new government's important ladies for a modified version of a European royal court, to make thirteen colonies into a cohesive nation. A most remarkable thing about it was its frank imitation of the royal courts, something only the Father of His Country could pull off in former colonies which had just fought an eight-year war to be rid of the monarchy. It is one more great testimony to the faith of Americans in George Washington; but it also testifies to the power of enthusiastic women, once they agree on a project. Chief among the leaders in this court was Elizabeth Powel, along with her niece living around the corner on Spruce Street, Anne Willing Bingham. Recently, the Peale Society of the Academy of Fine Arts held a candlelight dinner in Mrs. Powel's magnificent second-floor dining room, while scholars of the history of the Republican Court told assembled notables of Philadelphia what had once been what, during the first ten years of the Republic.

Dining Room

Members of the early Congress were largely the same men as the founding fathers of the Constitutional Convention, hand-picked by Washington and Madison to persuade the legislatures of their colonial states to give up state sovereignty, for a unified nation. There was the difference that now they brought their wives to live in Philadelphia during sessions of Congress. Those women wanted to know each other and wanted to have something exciting to do together in the largest city in the nation. Their husbands knew well how politically useful it was to be socially acquainted in this way, so everybody liked the idea of suddenly becoming nationally connected. The initial idea proved unworkable. Martha Washington was supposed to become Lady Washington, reigning over weekly receptions.

In Our Cups

But Martha, unfortunately, wasn't up to the task, and Anne Bingham whose rich husband had taken her on lengthy tours of European royal courts, moved right in and took charge of this project. Besides her cousin Elizabeth Powel, notable members of this social whirl were the two daughters of Chief Justice Benjamin Chew, Alexander Hamilton's wife, and various members of the Shippen and Willing families. Members of the family of Lord Sterling of New Jersey, Charles Carroll of Carrolton, Maryland, Cadwaladers of various sorts, and a number of other names famous from then until even today joined their affiliations with ladies from other states through parties and even some weddings. John Adams was particularly awestruck by the poise and beauty of Anne Bingham, although Abigail Adams may not have been quite so infatuated. It was a dizzy whirl, with dinner parties the central activity just as they are in Philadelphia even today. Country bumpkins had to learn how to dress, to talk and to eat with the right spoon and keep their elbows off the table; those who could tactfully show them what was what were friends for life. Centuries later, Emily Post made a fortune writing books about these rules.

Republican Court

In those days, they even had their war cry, which was to raise a glass and shout back "Huzzah" in response to the proposer of a toast, who had raised his glass starting the warcry. It wasn't "Skol" or "Cheers" or "Here, here" if you knew what was what; it was "Huzzah". Most fashionable dinners had at least twenty courses, but the ladies didn't eat them. It was a whispered instruction among the ladies that they should eat before the dinner, so they could gracefully decline to gobble up goodies, and spend their time in gay conversation or waiting to be asked to dance. Drinking and eating, especially drinking, was for the men at the party, although naturally the many courses of the banquet were put in front of the ladies to be airily ignored. When George Washington was present as he often was, or even La Rochfoucault himself, it was important to remember every spoken word.

And, you know, it worked. When these important people went back home, they took the customs of the Republican Court with them. The American diplomatic corps found the equivalent of minor-league training for their efforts on behalf of the country abroad. Politics was easier if you personally knew your adversaries as well as your allies. The persistence of the same family names in the Social Register, the lists of The Four Hundred and other compilations of high society show that Anne Bingham and Elizabeth Powel did indeed know what they were doing, and for that matter, so did George Washington. If anyone else had been at the top of this heap, Thomas Jefferson stood ready to attack with all his might.

Amity Button

But he and even Patrick Henry didn't dare attack Washington. The aristocrats of Old Europe probably did sneer at this amateur effort, and in some circles still, do. But the inability of absolutely any other group of nations, whether European, Asian or South American, to unite peacefully is a thumb in the eye of anyone who mocks George Washington's little Philadelphia creation. And to think it all began right here, right here in the Powel House, right here in the dining room on the second floor. For that, folks, one thunderous "Huzzah!"

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REFERENCES

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A Portrait of Elizabeth Willing Powell: 1743-1830 David W. Maxey ISBN-13: 978-0871699640

Amazon

Constitutional Liberty

WITH British troops in the process of disembarking at New Brunswick, apparently intent on hanging rebels, Robert Morris and John Dickinson annoyed everybody by refusing to sign the Declaration of Independence. Both were fully engaged in the Revolution after the fighting finally got started, and Morris signed up in August 1776. Dickinson had some further reasons of his own, but Morris explained his position quite succinctly. He didn't mind being a British subject, he didn't want a new King, what he wanted was Constitutional Liberty. There is no record of his being directly confronted about this later, and thus no detailed explanation. But whatever did he mean?

Iliad and the Odyssey

Morris was of course very bright, even brilliant as a businessman. He had an astonishing memory for detail and was capable of holding his own counsel. He was a person of great daring and prodigious amounts of work. But there is very little evidence that he thought it was useful to be mysterious, or deep. So why not take him at his word, which was essentially that what mattered in a government was whether it kept its promises and allowed its citizens all possible Liberty. It did not matter whether the government had a king, or seldom mattered much who that king was. What mattered was whether it kept its promises, and for that a Constitution is useful. There is no great pleasure in being capricious and arbitrary, so a king who leaves the citizens alone is mostly the best you can ask for. It does, however, help considerably if the rules are fair, clear, and binding. Beyond that, it is unwise to go about toppling governments in the vain hope that a new one is somehow better than the old one. This is putting words into his mouth, to be sure. What he did say was he saw no advantage to getting a new government when what we wanted was Constitutional Liberty. Eleven years later, he was a personal friend of just about everyone with the power to design a new government. Washington lived in his house, or in one next door. Ben Franklin was a business partner. Gouverneur Morris was his lawyer and partner. Just about everybody else who mattered was meeting with him in secrecy for months at a time, in the Pennsylvania Statehouse. And so on.

An essential part of this puzzle of Morris' role could be that the American Constitution was very close to unique in being written out as a document, like a commercial contract. The British Constitution was unwritten at the time and continues to be unwritten today. Many other members of the British Commonwealth operate without a written constitution. And in fact, what passed as constitutions for thousands of years have been unwritten; it was the written American one which was the novelty, not the other way around. It may stretch matters a little to describe the Iliad and the Odyssey as constitutions, but they do in fact describe the system of governance of the Ancient Greeks, clarifying many axioms of their culture for which they were willing to fight and die. We are able to understand the rules for Greeks to live by from reading Homer, almost surely better than we understand the rules of American culture by reading The Federalist Papers. Modern students of geometry, for another example, are taught that all the rules of Euclidian geometry are based on a few axioms stated at its beginning. Change one of those axioms, and you make mathematics unrecognizable. Even Newton's Principia are now seen by mathematicians to be rules which apply only to our universe for certain. There may exist many other universes to which they do not apply. Axioms are themselves mostly regarded as unprovable assumptions. A Constitution, therefore, is regarded in modern times to be much the same thing as a set of mathematical axioms. With one new exception: they are written out on a piece of paper for all to see and agree to -- just like a commercial contract. It would not be surprising to discover that America's great merchant trader, Robert Morris, was horrified at the idea of depending on Vestal Virgins or Judges, or Kings, for their recollection of what the contract says. It, therefore, seems quite natural for a maritime merchant to be agitated by having the rules of British society depend on what King George III chose to emphasize or ignore. Write it down, negotiate it, then tell us what you want so we can agree to it; that's a proper way to define Constitutional Liberty and limit disputes. International maritime trade could not be conducted in any other way, because sea captains who feel abused in a foreign port can abruptly up-anchor and sail away, never to return to that port again until or unless local rules are clarified.

Unless someone discovers some relevant documents in a trunk in the attic, that's about the best conjecture to be made about the American novelty of a written constitution, and its transformative effect on the legal system of all other nations which have one. It would still be nice to know, for certain, whose idea it was.

After the Convention:Hamilton and Madison

Signers

The Federalist Papers were written by three founding fathers after the Constitution had been completed and adopted by the Convention. Detecting hesitation in New York, the aim was for publication in New York newspapers to persuade that wavering State to ratify the proposal. It is natural that The Federalist was composed of arguments most persuasive to New York, putting less stress on matters of concern to other national regions. This narrow focus may explain the close cooperation of Hamilton and Madison, who must surely have suppressed some latent concerns in order to present a unified position. In view of how much emphasis the courts have placed on the original intent of almost every word in the Constitution, it seems a pity that no one has attempted to reconcile the words of the principal explanatory documents with the hostile disagreements of their two main authors, almost as soon as the Constitution came into action. Perhaps the psychological hangups would be more convincingly dissected by playwrights and poets, than historians.

John Jay wrote five of the essays, mostly concerned with foreign relations; his presence here highlights the historical likelihood that Jay might have been the one who first voiced the idea of replacing the Articles of Confederation. At least, he seems to have been first to carry the idea of a general convention for that purpose to George Washington (in a March 1786 letter). The remaining essays of The Federalist were written under the pen name of Publius by Alexander Hamilton and James Madison, both of whom had a strong enough hand in crafting the Constitution, but who quickly became absolutely dominant figures in the two central political factions after the Constitution was actually in operation. And their eagerness to be central is itself telling. They were passing from a stage of pleasing George Washington with his favorite project, into furthering a platform for launching their own emerging agendas. It is true that Madison's Federalist essays were mainly concerned with relations between the several states, while Hamilton concentrated on the powers of the various branches of government. As matters evolved, Hamilton soon displayed a sharper focus on building a powerful nation; Madison scarcely looked beyond the strategies of internal political power except to see clearly that Hamilton was going to get in the way. These two areas are not necessarily incompatible. But it is nevertheless striking that two such relentlessly driven men could work together to achieve the same set of rules for the game they were about to play so unflinchingly. Thomas Jefferson had been in France during the Constitutional Convention. It was he who was most dissatisfied with the resulting concentration of power in the Executive Branch, but Madison eagerly became the most active agent for forming the anti-Federalist party, with all its hints that Washington was too senile to know the difference between a President and a King. Washington abruptly cut him off and never spoke to Madison after the drift of his opinions became undeniable. Today, it is common to slur politicians for pandering to lobbyists and special interests, but that presents only weak competition with the personal forces shaping leadership opinion, chief among them being loyalty to, and perceived disloyalty from, close political associates.

As a curious thing, both Hamilton and Madison were short and elfin, and both relied for influence heavily on their ability to influence the mind of

George Washington

George Washington, who projected the power and manner of a large formidable athlete. Washington had no strong inclination to run things and, once elected, no particular agenda except to preside in a way that would meet general approval. He had mainly wanted a new form of government so the country could defend itself, and pay its soldiers. Madison was a scholar of political history and a master manipulator of legislative bodies, while Hamilton's role was to supply practically unlimited administrative energy. Washington was good at positioning himself as the decider of everything important; somehow, everybody needed his approval. On the other hand, both Madison and Hamilton were immensely ambitious and needed Washington's approval. This system of puppy dogs bringing the Master a bone worked for a long while, and then it stopped working. Washington was very displeased.

The difference between these two short men immediately appeared in the way they chose a role to play. Madison the Virginian chose to dominate the legislative process as the leader of the largest state delegation within the

Alexander Hamilton

House of Representatives, in those days the dominant legislative chamber. Hamilton sought to be Secretary of the Treasury, in those days the largest and most powerful department of the executive branch. It's now a familiar pattern: one wanted to form policy through dominating the board of directors, while the manager wanted to run things his way, even if that led in a different direction. Both of them knew they were setting the pattern for the future, and each of them pushed his ideas as far as they would go. Essentially, this could go on until Washington roused himself.

After a short time in office, Hamilton wrote four historic papers about two general goals: a modern financial system, and a modern economy. For the first goal, he wanted a dominant national currency with mint to produce it and a bank to control it. Second, he also wanted the country to switch from an agricultural base to a manufacturing one. You could even say he really wanted only one thing, a national switch to manufacturing, with the necessary financial apparatus to support it. Essentially, Hamilton was the first influential American to recognize the power of the Industrial Revolution which began in England at much the same time as the American Revolution. Hamilton was swept up in dreams of its potential for America, and while puzzled -- as we continue to be today -- about some of its sources, became convinced that the secrets lay in the economic theories of

David Hume

David Hume and Adam Smith in Scotland, and of Necker in France. Impetuous Hamilton saw that Time was the essence of opportunity; we quickly needed to gather the war debts of the various states into the national treasury, we quickly needed a bank to hold them, and a mint to make more money quickly as liquidity was needed. It seemed childishly obvious to an impatient Hamilton that manufacturing had a larger profit margin than agricultural products did; it was obvious, absolutely obvious, that this approach would inspire huge wealth for the new nation.

Industrial Revolution

Well, to someone like Madison who was incredulous that any gentleman would think manufacturing was a respectable way of life, what was truly obvious was that Hamilton must be grabbing control of the nation's money to put it all under his own control. He must want to be king; we had just got rid of kings. Furthermore, Hamilton was all over the place with schemes and deals; you can't trust such a person. In fact, it takes a schemer to know another schemer at sight, even when the nature of the scheme was unclear. Madison and Jefferson couldn't understand how anyone could look at the vast expanses of the open continent stretching to the Pacific without recognizing in this must lie the nation's true destiny. Why would you fiddle with pots and pans when with the same effort and daring you could rule a plantation and watch it bloom? If anyone had used modern business jargon like "Win, win strategy", the Virginian might well have snorted back, "When you say that to me, friend, smile."

George Washington in Philadelphia; Post-Revolutionary

New blog 2015-05-27 18:51:30 contents

Citizen Genet

America and France signed a treaty of alliance

In 1788, America and France signed a treaty of alliance, which clearly rescued the American Revolution from disaster. We owed France "big time". After the French King was executed, Great Britain, Spain and other monarchies declared war on France, and the French expected our help. However, eight years of war had left the United States in disorder, and President George Washington was determined to keep us out of any entanglements which slowed our recovery. This probably would have been true in any circumstances, but in addition, the U.S.-French alliance had deteriorated even at the Treaty of Paris. In diplomatic circles, the defining quip was that we signed a separate peace with Britain, "Betraying the French before the French had a chance to betray us." We were certainly not going to ally ourselves with the British after eight years of war, so the only possible stance was the one Washington adopted -- neutrality. No foreign entanglements.

Edmond-Charles Genet

The French government at that moment was in the hands of the Girondists who were plenty radical, but positively meek compared with the Jacobins who soon took control and employed the guillotine routinely. The Girondists exercised particularly poor judgment in sending Edmond-Charles Genet to the United States to enlist help in their war with England and Spain, because he had just been declared persona non grata and expelled by Catherine the Great from the Russian embassy, with the notation that he was "not only superfluous but intolerable." He was only 31 years old, generally regarded as a genius for being able to read French, English, Italian, Swedish, and German -- by the age of 12. Whatever the truth of this claim, it was instantly recognizable that he was wild and uncontrollable, without a shred of prudence.

Although it is part of the diplomatic minute that a new ambassador's first act is to present his credentials to the head of government in his new post, Genet headed instead for Charleston, SC. Probably with the idea of wasting no time getting down to business, he soon enlisted four privateers in Charleston to begin predations on the British and Spanish in the West Indies. By the time he finally got to present those credentials to George Washington, he had stirred up several commotions between us and the British, since part of his mission was to get the two of us into war with each other. Meanwhile, he quickly made himself a political threat by becoming the toast of the town in Charleston, and even after he arrived in Philadelphia. At a time when his position with Washington, Hamilton, and even Thomas Jefferson was strained, he attended a famous dinner party with Governor Thomas Mifflin in attendance, and ceremoniously cut off the head of a roast pig in guillotine fashion, ho, ho, ho. Not only was this gauche, crude and disgusting, but it was also pretty stupid. Thomas Mifflin, after all, had been the real instigator of the so-called Conway Cabal to depose George Washington from command of the Continental Army at Valley Forge, so Citizen Genet got political black marks just by going to the dinner. He was spared the indignity of expulsion by the replacement of the Girondists by the Jacobins, who promptly sent a warrant for his arrest. Since that surely meant he would be beheaded, Washington gave him sanctuary.

The British uproar was intense after the depredations of Genet's privateers using American refuge, and Washington dispatched John Jay to England to patch things up. The outcome was a treaty with the usual diplomatic mixture of goodies and concessions. In this case, the British troops who had been left behind on the American western frontier in violation of the terms of the Treaty of Paris were recalled, and payments were made for some war damages. But in return, Jay had to agree to limit American trade in the West Indies; and that inevitably caused denunciations from the growing anti-Federalist faction. Congress was eventually persuaded to ratify the Treaty but Washington paid a political price for neutrality with both the French and the British. Politicians were starting to act with characteristic intransigence. Throughout all this mess, Washington behaved with characteristic calm and reserve, but in fact, he was pretty down-hearted about it.

Under the circumstances, Genet worked the dinner circuit and married Cornelia Clinton, the daughter of the Governor of New York. After a few years, she died, and he remarried Martha Osgood. He became a gentleman farmer on a farm overlooking the Hudson River, and nothing much was heard about him for the next 40 years.

Killer Instinct

Jerry Leon

Once every year or two, a speaker at the Right Angle Club fails to show up. That happened recently, and as usually happens, one of the members stood right up to the microphone and gave an impromptu speech. The volunteer was Jerry Leon, who surprised us all by announcing he spent thirteen years in the Marines as a fighter pilot on aircraft carriers. You would never guess that from his behavior as a successful businessman, and to some extent that was his whole point.

In the first place, he volunteered as a Marine during the Korean War, and worked his way through boot camp and all that, until one day an officer brought them all to attention, asking for volunteers to fly airplanes. After flight training school, he might have flown air freight or eight-engine bombers, but he volunteered to fly fighter planes off the deck of an aircraft carrier. In those days, the carrier plane was fired by a steam driven catapult off the flight deck like a projectile. You go from zero speed to two hundred miles an hour in two or three seconds; the experience is arresting. After he recovers his wits, the pilot is expected to take sole control of the plane, fly around the carrier a few times, and then land the plane on the postage stamp flight deck. Fighter planes come in at a lower altitude than commercial aircraft, and steeper, and faster. The tailhook catches one of the three wires across the deck, and then the plane jolts to a stop. Or not, in which case the pilot must retake immediate control, take off at full speed, circle the carrier, and try it again. That's hard enough on a calm sea, but the Navy never stops for rough weather, so at night in rough seas, you have to do it in the dark with the ship rising, falling, pitching and yawing, right or left in three dimensions. That's somewhat harder. There are usually four planes in the air at any one time, all doing the same thing every ninety seconds, and if the plane runs off the end of the landing strip the pilot must remember to eject before he goes down with the plane. This whole process must be repeated six times in one day with only one aborted landing, in order to qualify for carrier duty. Saying nothing of the sudden bumps and jolts, the process of qualifying is pretty hard on the sphincters, it's pure terror no matter who you are. Like stage fright for an actor, crash landing does seem easier with practice but having done it seven hundred times, Jerry still wasn't able to do it calmly.

P40 War Hawk

Unusually good eye/hand coordination is something you are born with, and baseball seems to require the same ability. Ted Williams, the famous .400 hitter for the Boston Red Sox, was an outstanding fighter pilot, and many less famous professional baseball players have also gravitated to the role. To be called a fighter ace a pilot must have shot down five enemy planes, and one pilot became a fighter ace at the Battle of Midway on his first mission. Because of his lack of experience, this pilot was only detailed to hunt for the battleship Yamamoto, but he found it, radioed its location, and on the return flight ran into 30 enemy planes. Tearing into them alone, he shot down five, becoming an ace before he returned to the carrier deck from his first mission. Now there's the killer instinct with eye/hand coordination, the combination which seems to make you an ace. He wasn't alone in these qualities, although 30% of the pilots do seem to account for 90% of the victories. In those days "between W-2 and Korea" the American pilots were flying propeller planes, while the Chinese pilots were flying jets, and even the Germans were flying some jet-powered Messerschmidts. That's five hundred miles an hour versus seven hundred, and the enemy planes would often swoop past in a whoosh. So, the Americans developed a technique. When the jet came up on your tail, you pulled back as hard as you could with all flaps down. The enemy jet pilot had to pull up his nose, flew over the top of the propeller-driven American, and then was blasted out of the air by the prop plane now waiting for him from behind. They say it worked every time, but of course, it only worked for the pilots who came back to talk about it. A former pilot with Chenault once told the story of letting go with fifty-caliber machine guns into the tail of a Zero, causing the Zero and its pilot to vanish into a puff of smoke and debris. Of course, the prop plane then just flew through the cloud.

Pilot's Hat

The fly-boys were of course chased by hordes of women, particularly in the bars around the training school in Pensacola. They drank hard, at reckless heedless parties; it was reported that Australian pilots even had two or three drinks before taking off, but our Navy strictly policed going that far. Nobody saved any money, nobody cared one whit about being promoted or demoted. Getting to be an Admiral was something that attracted what were disdainfully referred to as "politicians". And nobody bragged about his exploits, even to friends and family. What mattered was that word of mouth had carried your exploits to your buddies. The senior George Bush flew a bomber not a fighter plane, but he played baseball like an angel, and you never heard him boast of his adventures; that's a fair approximation of the personality type, although George Bush was unusually tall for a pilot, and clearly better bred. If you can't guess what he thought of Bill Clinton and Ross Perot, it isn't necessary to relate it here.

Somehow, feminist women intruded themselves into this fraternity, and some who seemed well-qualified got hustled along through token promotions. But few women have the real killer instinct, and just getting equal opportunity won't get you through those six gut-wrenching flights in a carrier qualification. Thirteen women pilots were killed in qualification flights before the Secretary of the Navy intervened and put a stop to it. To new entrants from a previously shunned group, achieving the same status as men is a form of promotion, and lusting for promotion is despised by natural-born fighter pilots. It's sort of a Catch-22 situation. What killers want, is to excel at things that are viciously dangerous, getting the esteem of others who tried to do as much and maybe failed; like tournament golf, in this game, you are really playing against yourself. And so this Greek tragedy finally came to a confused pause with the famous Tailgate party incident. To preserve appearances and rescue The Service from the press corps, the Navy brass was shocked, shocked, to discover what was going on. Women weren't being respected if you can believe such a thing of fly-boys.

"Hey, fellas, c'mon. Do you want to win this war or don't you? Professional killers have been behaving like this for centuries. And because you come along, we've got to change and do things your way?"

Reconsidering All Our Laws

Common Law

A KING who conquers a new country theoretically gains the chance to revise all its laws. However, thousands of years of experience demonstrate that those who are good at wielding the sword seldom have much interest in, or aptitude for, devising a legal code. Napoleon seems to have been an exception, and Alexander the Great was tutored by Aristotle, but most conquerers have been illiterate in the law. Therefore, earlier conquerors merely extended their native laws into additional territory or else left the whole business to a permanent priesthood of judges. In this way, an independent judiciary could survive unless, like Thomas a Becket or Thomas More, it grew stubborn about thwarting the wishes of the King. The concept of citizen rights more or less defined feasible limits to what the King was allowed to do. British law went still further, distinguishing between rights of the people and rights of the sovereign. It identified those few things even a King was not allowed to do, as well as those many things he alone must be able to do in order to govern. The latter were collectively called the King's Prerogative. Today, we would call it a job description.

U.S. Codes

Along those lines, the English Civil War had been fought, briefly transferring the power of Prerogative to Parliament, and incidentally clarifying some disadvantages of doing so. Americans, after fighting an eight-year Revolutionary War to be rid of a particular king, had developed a sentiment for eliminating all kings entirely. However, the memory of the English Civil War and subsequent abuses by the Cromwell Parliament restrained that impulse. The alternative idea grew of transferring sovereignty to the people, to be translated into action by their elected representatives in the Legislative branch. Although such sovereignty would be unlimited, the intermediate steps taken by the Legislature could be deliberately slowed down, and particularly worrisome actions might be tangled up in complicated steps of legal process by a vocal minority. Such a complicated system required an umpire, which Chief Justice John Marshall eventually positioned the Supreme Court to be. Conducting elections every two years was a simple way to allow the people to restrain its agents from the misbehavior of a more general sort. Since George Washington was confidently expected to be the first President, it was left to him to devise protections against presidential abuse, since he had notoriously and repeatedly expressed his intense dislike of kings. In modern times this system of checks and balances has only been severely tested once, in 1937. Immediately after winning a landslide re-election in 1936, Franklin Roosevelt nevertheless was slapped down hard by public outcry forcing Congress to thwart his Supreme Court-packing scheme.

Sir Francis Bacon

Such subtle, complicated ideas cannot be implemented by writing 6000 words on a piece of paper, and they certainly cannot withstand two hundred fifty years of subsequent nit-picking by dissenters, no matter how carefully crafted the 6000 words may have been. The complexity of the political system it describes would long ago have fallen apart without a million little accommodations and revisions, just as every other nation's constitution has done during that same period of time. And that fine-tuning process was made possible by starting with a more or less blank slate, with thousands of lawyers and legislators debating every particle of common law for more than a century. In 1787 it was decided to adopt English common law as a default position, and to invite a host of legislative bodies to debate and replace any part of it with a "statute". It was a laborious process. Measured by pages of law books, the volume of statutes only grew to equal the volume of common law by the time of the Civil War. The English common law was certainly a good place to start, having been created by Sir Francis Bacon two hundred years earlier as the legal equivalent of the Scientific Method; based on real, adversarial contested case decisions, a hypothesis was created, then tested, revised, and tested again. By actual count, one state legislature only enacted three statutes in the year before the Constitution was ratified; all its other activity was concerned with adjudicating disputes within the boundaries of the existing common law. But when the Constitution suddenly rearranged the balances of power in 1787, almost every sentence of common law had to be regarded as potentially requiring modification to reflect the new Constitutional rearrangements. During the first half century there existed great enthusiasm for almost all of the new Constitution except those parts which affected slavery, the fine-tuning was almost universally intended to strengthen it or repair some oversight. If it failed in some way, adversaries were quick to point out the flaws. In short, every lawyer in the nation was involved to some degree for a century in the process of re-writing the English common law for American purposes, in American circumstances, for the grander purpose of strengthening the American commonwealth.

Federal Registry

And everyone knows what happened next. The state legislatures who considered it normal to pass fewer than a dozen laws in a year started passing fifteen hundred in a year and kept it up for many years. Today, almost every state legislature considers more than a thousand bills and passes two or three hundred. Since the colonial legislatures passed few laws and spent most of its time adjudicating disputes about existing law, the character of the law changed as it gradually gave up adjudicating, stopped being like a court. The tendency of early law was to state principles to guide the judges. In recent times, our over-lawyered system specifies all imaginable conditions and exceptions in excruciating detail, so that our laws tend less and less to speak of "reasonable amounts" and more and more to define drunken driving, for example, in milligrams per deciliter of the defendant's blood. We have better measuring devices, so we measure. But who can deny that a legislature accustomed to making judgments itself, will more confidently rely upon the good judgment of courts, than a legislature which spends its time going to committee meetings to consider the testimony of experts, often never visiting a courtroom?

Our lawyers, who once enlisted the efforts of the entire profession for a century into refining the English common law into the American statutory law, are to be encouraged to extend equal effort into the process of turning off the faucet. Or possibly, having done such a good job at this assignment, seek another line of work?

Tammany: Philadelphia's Gift to New York

Tammany Hall

EDWARD Hicks painted a scene over and over, depicting William Penn signing a treaty of peace with the Lenape Indians at Shackamaxon ( a little Delaware waterfront park at Beach Street and E. Columbia Ave.). This scene was apparently a reference to a larger and more finished depiction by Benjamin West. The Indian chief in the painting is Tamarind, chief of the Delaware tribe. Long before Hicks got the idea for the picture from Benjamin West, Tamarind was locally famous for having the annual celebrations of the Sons of St. Tammany named after him. These outings centered on the joys of local firewater and thus may have had something to do with the evolutions of the Mummers Parade. George Washington presided over a lively Tammany party at Valley Forge, and local Tammany Hall clubs sprang up all over the country. The most famous offshoot had its headquarters on 14th Street in New York, as a club within the local Democrat party asserting Irish dominance over New York politics, allegedly using Catholic Church connections to control other immigrant groups. The identity of Tammerend seems to have got thoroughly mixed up along the way; the famous statue of "Tecumseh" at the Naval Academy in Annapolis, much revered by the cadets, is actually a depiction of Tammany.

Penn's Treaty With the Indians By Benjamin West

At earlier times, Tammany was the vehicle Aaron Burr used to assert control of the now-Democrat Party, particularly in the contested Presidential election of 1804. Shooting Alexander Hamilton in a duel, along with disgrace and impeachment as Vice President necessitated Burr's rapid conversion into a non-person, both in New York and in Philadelphia. In Philadelphia, the uproar led to the dispersion of Tammany influence, while in New York other bosses, particularly Boss Tweed, took over the organization and consolidated its role as a small club which dominated a larger political party, which in turn pretty well took over the government of New York City, which in turn dominated the governance of New York State, and even occasionally leveraged itself into national politics. Eventually, Tammany fragmented sufficiently that Mayor Fiorello La Guardia was able to dislodge it from control, which in time led to its dissolution. In a larger sense, however, the decline of New York's Tammany Hall began when in the late 19th Century it adopted the Philadelphia system of consolidating graft from local leaders into unified "donations" from local utilities. That greatly improved the efficiency of collections and disbursements but undermined the need for an effective local organization of ward leaders.

Aaron Burr

So, although Tammany was originally a Philadelphia creation perfected by New York, it continued to have connections to Aaron Burr in early days, and Philadelphia machine politics later on. But of course for seventy-five years, around here it seemed Republican.

Ben's Little Legacy

Benjamin Franklin and George Washington

ONE of the many compromises of the Constitutional Convention was to allow equal-sized blocs of people to choose their Representatives, but the State Legislatures of any size to appoint two Senators, in a bicameral Congress requiring affirmative votes from both bodies, for action. This was the first step in a separation of powers. After separation came apportionment: every state still got two Senators, but varying numbers of Representative districts would reflect population changes. The effect of this second step was to confer greater Senate power to small states because otherwise, a few states with large populations would probably always dominate the voting. (Shorthand for Constitutional scholars: favoring the House of Representatives means favoring big states.) When Franklin proposed a bargain to give the South time to solve its slavery problem, he needed to maintain balance. The small states were truculent about losing Senate power, so he had to give something else to the big states. The three big states of Massachusetts, Pennsylvania, and Virginia were very mindful that England had primarily targeted Boston, Philadelphia, and Yorktown for attack during the Revolution. Big states are paradoxically more anxious to unify with allies, to gain military strength, because enemy commanders seem to favor them as military objectives. Franklin's proposal was to allow the big states to control tax legislation, through the device of mandating that tax laws must originate in the House of Representatives. He may have known that eight states already had similar laws, but may not have realized such laws were regularly flouted. It's hard to be sure what Franklin knew because although he had once been Speaker of the Pennsylvania House, it was during a time it was a unicameral Legislature.

ARTICLE 1, Section 7. All bills for raising revenue shall originate in the House of Representatives, but the Senate may propose or concur with amendments as on other Bills.

Washington's Gift to Franklin

Experienced politicians in the Convention snorted with disgust. There were a dozen ways to get around such a provision, and nowadays the traditional one is for the Senate to attach a tax amendment to some bill which had originated in the House. Any House bill will suffice, and thus we have Senate-originated Medicare Amendments attached to House-originated bills whose first page purports to be legislation about highway construction. Medicare, don't you see, is an amendment to Social Security, which itself began as tax legislation. Any politician of standing could see his way through that. And even in 1787, the delegates could immediately think of ways to circumvent this little trick. When Chairman Rutledge of South Carolina returned his report from the Committee on Detail, it included Franklin's gift to the big states. His fellow delegate from South Carolina Charles Pinckney immediately proposed a friendly motion to delete the rule. Edmund Randolph of Virginia however, felt the big states "should at least get what they had been promised", thereby upsetting others who felt Randolph was being indelicate. So George Washington stepped out of the shadows and supported Randolph, his long-term neighbor, and friend in the Virginia caucus. The matter was then referred to the Committee on Postponed Parts. After a decent interval, it was reported out of the second committee and adopted. After all, with Washington and Franklin as supporters, it would be embarrassing not to pass an inconsequential motion.

Implicit Powers of the Federal Government

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The two highest achievements of James Madison, had been and still remain, the writing of the Bill of Rights, and acting as a close collaborator with George Washington in fleshing out the role of the President in the new government. The Ninth and Tenth Amendments made it clear that the federal government was to be constrained to a limited and enumerated set of powers, while all other activities belonged to the states. This was already clear enough in the main text of the Constitution, which Madison also dominated after close consultation with Washington before the Constitutional Convention. So he had battled and successfully negotiated one matter twice, before the most powerful and distinguished assemblies in the nation. As to the second matter, circumstances had promoted a shy young bookworm into the role of preceptor to the most famous man in America. In the earliest days of the new republic, certainly during the first year of it, Washington and Madison worked closely together in defining the role of the Presidency.

George Washington

During the first weeks of that exploratory period, Washington induced Congress to create a cabinet and the first four cabinet positions, even though the Constitution did not mention cabinets. It all was explained as an "implicit power", inherently necessary for the functioning of the Executive branch. Soon afterward, Alexander Hamilton as Secretary of the Treasury proposed the creation of a national bank. Madison and his lifelong friend Thomas Jefferson were bitterly opposed, using the argument that creating banks was not one of the enumerated powers granted by the Constitution. Hamilton's reply was that creating a bank was an "implicit power" since it was necessary for running the federal government. Of course, Hamilton and Jefferson both had other unspoken motives for their position: for and against promoting urban vs. rural power, for and against the industrialization of the national economy, and dominating the states in matters of currency and financial leadership. It empowered a national rather than a confederated economy.

Alexander Hamilton

For Madison, the legalism probably carried considerably more weight than it did for Jefferson and Hamilton because it demonstrated the enduring consequences of being vague about the boundaries of any constitutional restriction. If this loophole got firmly established, it might reduce the whole federal system to a laughingstock. In order to promote the "general welfare", anything at all could be called an implicit power, and both separation of powers and enumerating federal powers would soon become quaint flourishes. The whole Constitution might fall apart in endless debates. On a personal level, Madison's highest achievements would have to be supplanted by something more practical. Besides which, Madison was a Virginian, a rich slave-holding farmer, and a young politician, seemingly on the verge of a promising career which might easily lead to the presidency for himself. Hamilton his most visible opponent, was already proposing a tax on whiskey which would almost surely antagonize farmers to the west, and assuming the Revolutionary debts of the states was equally divisive.

Mt. Vernon

As matters eventually worked out, the main disputants made ostensible constitutional arguments, while the real political dispute would be settled by a political deal struck at a dinner. It traded relocation of the national capital to Virginia, for the assumption of the debts of all states (when Virginia had already paid off its debt.) Location of the capitol opposite George Washington's home at Mt. Vernon also took care of difficulties coming from that direction. By the time the uproar about this arrangement subsided, the precedent for settling the inherent conflict between enforcing Constitutional limitations versus enlarging their boundaries had been set. The most opportune time for stricter interpretation was fading while the most likely advocates of it were restrained by their own example. The negotiation was a little unseemly, and probably encouraged similar decisions to migrate to a less conflicted body, which eventually John Marshall would define as the U.S. Supreme Court.

Proposal for the Parkway

Alvin Holm

Architect Alvin Holm spoke recently about an idea he had dreamed up in 1986, for an amphitheater in the Eakins Oval, right in the middle of the Benjamin Franklin Parkway. At that time he envisioned it as a memorial to Grace Kelly, but Monaco wasn't interested, and the City was broke. But times change, neighborhoods change, and maybe the idea needs to be re-examined.

A bit of history needs to be refreshed. Around 1900 when the Parkway was dreamed up, Philadelphia was said by some local boosters to be the richest city in the world. That may have been a little overoptimistic, but it was nearly true enough that no one laughed loudly when it was enunciated. The Parkway was envisioned as a new departure to transform the whole city from square blocks of red-brick buildings of Georgian style, into a classical French version of grand elegance. To emphasize the new departure, it cut a diagonal from City Hall to the Art Museum, uniting these two French architectural monuments into a transformational classic boulevard. It wasn't just an imitation of Champs Elysees, it was a design by the very same architects, intended to lead the centers of many great cities of the world into modernized versions of the Roman Forum. Paris somehow managed to get away with it in time, but the 1929 crash stopped Philadelphia's dreams dead in their tracks, and the city just didn't recover.

Consequently, vast stretches of North and West Philadelphia were abandoned, then transformed into slums as poor people sought cheap housing. If you just look at Baltimore and Newark, you can easily see how sudden reversals can destroy a city completely. Philadelphia retreated into Center City, surrounded by an inner ring of slums, which were in turn surrounded by a ring of newer suburbs. The automobile hastened the flight to the suburbs, while the business district retreated to the inner core of Center City. In order to protect the Shining City on a Hill from being completely disrupted, informal barriers were sought, and the Parkway became one of them. They weren't walled moats, but they served the same purpose. Therefore, during the long decades of limping along, occasional cries of, "Why don't we make the Parkway into a grand boulevard?" had a silent, sullen answer. We weren't really sure it was a good idea. It didn't fit within our revised circumstances.

The Amphitheatre on the Parkway

But the City is now getting back on its feet, as anyone who has noticed the astonishing restaurant revival of Fairmount Avenue, or of Old Towne, or Society Hill, and the rebuilt "Chinese Wall" leading to and from the old Broad Street Pennsylvania Railroad station, can easily see. The Independence Mall and the University of Pennsylvania areas were largely built with Federal Money, but no matter, the transformation is still evident, the tide has turned. So Alvin Holm got out his drawings about premature dreams we couldn't afford, and asked, "Is it time?"

The unfinished Ben Franklin Parkway has cut its path, willy-nilly, through the neighborhoods, the trees have had time to grow, the museums time to migrate. The childless couples of the metropolitan area were coming back in town to enjoy the restaurant revolution and the theater revolution. Alvin Holm was getting a little older but not less energetic. He remembered that at the foot of the Art Museum was a statue of George Washington on a horse, and behind our First President was a big expanse of empty land. To build an amphitheater only took bulldozers, and could seat a thousand people. If you were as lucky as the ancient Greeks, and possibly if you built in precisely the same way, a speaker in the center could be heard -- without artificial amplification -- if he whispered, by everyone in the amphitheater audience. If you do use electronics, there's plenty of space in back of General Washington for a dignitary to give a speech on a raised platform, and there's enough empty audience space in a wider sweep, for fifty thousand people to congregate and listen. To him, or to a rock band, or whatnot. There aren't very many places left on earth in the center of a big city, where a single person can stand against a magnificent classical background, and be heard by fifty thousand chanting, hollering true believers. All of this could be accomplished by essentially digging a hole in the ground and closing off the area to traffic. But oh, yes, it takes one more thing. You have to want to do it. So let's consider for a moment who else covers the neighborhood, waiting for the right time to make a move.

Amphitheater Sketch

Instead of regarding Fairmount Hill as just a big obstacle to automobiles trying to get home, let's just see what some others are thinking. For example, the people who run Drexel University are seriously talking about buying the air rights above the railroad marshaling yards on the west bank of the Schuylkill, and putting up a major business district and residential complex. They are thinking mainly of reviving West Philadelphia, and that's fine, but another bridge at that spot is badly needed to divert traffic around the present choke point on the Schuylkill Expressway, and that's also fine. Put some paths down to the river from the Art Museum to meet a new pathway to the Drexel development, as well as the recreational area along the river, and you could really have something pretty nice for the commuters who would otherwise begrudge the cost of digging an amphitheater hole in back of G. Washington.

Looking to the north of the Art Museum, there's a second small mountain with Kelly Drive between the two. At one time, both hills had reservoirs on top. The Art Museum demolished one reservoir, but the other reservoir is still there. It's a fifty-acre lake surrounded by dense forest; but from the inside look back over the top of the trees and you can see skyscrapers, almost right next to you. It's been adopted by migratory birds as part of the Atlantic flyway, and you would just be amazed at the hawks and ducks and all manner of other little black jobs that fly around and get recorded by bird watchers. The lake is full of fish, probably originally dropped by passing birds. The Audubon Society has a fundraising project going on, right now, to build a visitors' center in the forest, in conjunction with Outward Bound, the rock climbers group. Go to the left and you are overlooking the races at Boathouse Row, turn in the other direction to see Girard College, the hospital complex, and the further north you get to Temple University.

And one more thing. The old B&O Railroad once snaked along the Schuylkill and turned right around the (now) Art Museum, through tunnels over to Spring Garden Street, and down to Reading Terminal. Just what to do with this ditch running through the center of town unnoticed, is beyond my scope. Let someone else have a chance at being a visionary, but it must be remembered that New York City recently had a similar relic on its hands, and made something pretty nice out of the West Side of their town.

All of this potential even has the danger that projects will collide with each other, so it would sound like a nice idea for some Foundation to put together a planning board, to fit it all together without getting mixed up in politics, or squabbling over who will run things. But even that fuss would be a novelty, a nice thing to have for a while.

American Succession

It may seem a startling focus for a famous war hero, but one of the most important precedents George Washington wanted to establish as America's first president, was that he was determined not to die while in office. His original intention was to serve only one four-year term as president, only accepting a second term with considerable concern that it would increase his chances of dying in office. His reasons are perhaps not totally clear since he repeatedly stated his concern that he had promised the American public that he would retire from public office when he resigned his commission as General and was determined to seem a man of his word. While this sounds a little off-key to modern ears, it must be remembered his resignation as General had caused an international stir, even prompting King George III to exclaim that this must be the greatest man who ever lived. Washington may have sincerely thought he was following the pattern of Cincinnatus, the Roman citizen soldier who declined further public life in order to return to his farm. But in retrospect we can see that for a thousand years before Washington's military resignation it was essentially unheard of for a leader with major power to be removed by any means except death. Regardless of where he might have got the idea, Washington was consciously trying to establish a tradition of public service by those who were natural leaders, dutifully responding to the need of the nation, and stepping down when the service was completed. It was an important day for him and for the nation, when he stood before John Adams in 1796, honorably and humbly turning over supreme power to a successor who had been chosen, by others, in a lawful way. Peaceful succession is part of the original intent of the founder of the Constitution, if anything is.

Some have written that Washington was not our first president, but our eleventh if one counts those elected the presiding officers of the Continental Congress, under the Articles of Confederation. But none of them could be said to be the head of state, and absolutely none of them could be confident the public would re-elect them indefinitely. Washington was not so much aiming for a two-term limit as he was setting a pattern for returning the choice to the people after a stated term, and deploring anyone who sought unlimited power for its own sake. The office should seek the man, not the man seek the office, and even if the public got carried away by adulation, the man should in good time step aside. For over a century the two-term tradition was later unchallenged, until Franklin Roosevelt succumbed to exactly the temptations that Washington foresaw. We have seldom amended the Constitution, but after Roosevelt, it was soon amended to emphasize what so many had previously considered it unnecessary to state.

The idea of a fixed term of office has had an unexpected calming effect on partisanship in America. In parliamentary systems like the British, a prime minister answers weekly questions from his opposition, with a full realization that he can be dismissed from office at any moment he angers a majority into a vote of no-confidence. Under the American Constitution, a recent election mandate eats into the stated time in office, making it progressively less rewarding to evict the officer for the residual time before another election does it automatically. America does indeed have an impeachment process, but in fact, it has been rarely employed. In America, if someone is elected for a specific term, it is almost certain he will serve out the full term. There are times when partisanship seems unlimited, but in fact, we probably have less of it than if we encouraged partisan outcry to go on to evicting an incumbent from office.

Washington was not so successful in promoting another component of his ideal statesman. In his view, a district would naturally select the most prominent citizen available to represent the district, since that person would do it more ably than anyone else and give up the office when duty was completed; that was behind the stated ideal of republican government. Madison was for a time persuaded that such choices should be filtered a second time, with the House of Representatives electing Senators from its midst, but that failed to win approval. In the Eighteenth century, the concept of professional bureaucrats and professional politicians had not yet taken hold. In its place was the fear of "ambitious" leaders, who would be held in check by a tradition of underpaying elected representatives, or even of gentlemen of means who would refuse to accept any pay for doing their duty. It proved unanswerable when ambitious men assailed this republican concept by protesting the establishment of aristocracies, oligarchies, and failure of the upper class to understand the needs and anxieties of the common man. This viewpoint eventually replaced the "natural" local leaders with those who had experienced life in a log cabin or endured the purifying experiences of other hardships. The original idea of the founders was to elect leaders who could not be bought; ambitious men could be bought. When political parties made their appearance, a new thought appeared; perhaps ambitious men could be controlled.

As the practical realities of politics in action began to surface, members of elected bodies with varying degrees of ambition and altruism sought refuge from pressures being applied to them. After all, one of the undeniable implications of the Constitution was that every single member of an elected body had just as much power and rights as every other one. Out of this tension emerged the seniority system, another unwritten rule with the power of reality forging it into an implicit rule. In time, everyone would achieve seniority at the same point in his career, and hence the procedural powers necessary to running the place could be assigned with lessened fear of improper pressure. Newcomers regularly complain about the seniority system but eventually yield to it as the least bad accommodation to necessity. But even minor imperfections will be exploited if a system endures long enough. In this case, political parties in the home states are persuaded that the fruits of seniority might be disproportionately available to them if they elect young candidates and keep them in office indefinitely. Eventually, such stalwarts can rise to positions that allow them to reward the home district. This has the interesting consequence of creating political families, whose senior representative acquires the power to select his son or grandson to take his place in the rising chain of command. That's not as bad as an inherited aristocracy, perhaps, but it has several similarities.

Franklin's Codicil to His Will: Strange Afterthoughts

Benjamin Franklin

"I would have my body buried with as little expense or ceremony as may be. I revoke all former wills by me made, declaring this only to be my last.

I wish to be buried by the side of my wife, if it may be, and that a marble stone, to be made by Chambers, six feet long, four feet wide, plain, with only a small molding around the upper edge, and this inscription:

Benjamin And Deborah Franklin 178-

to be placed over us both.

The king of France's picture, set with four hundred and eight diamonds, I give to my daughter, Sarah Bache, requesting , however, that she would not form any of those diamonds into ornaments either for herself or daughters, and thereby introduce or countenance the expensive, vain, and useless fashion of wearing jewels in this country; and those immediately connected with the picture may be preserved with the same.

My fine crab-tree walking stick, with a gold head curiously wrought in the form of the cap of liberty, I give to my friend, and the friend of mankind, General Washington. If it were a Sceptre, he has merited it and would become it. It was a present to me from that excellent woman, Madame de Forbach, the Dowager Duchess of Deux-Ponts, connected with some verses which should go with it. I give my gold watch to my son-in-law Richard Bache, and also the gold watch chain of the Thirteen United States, which I have not yet worn. My timepiece, that stands in my library, I give to my grandson, William Temple Franklin. I give him also my Chinese gong.

To my dear old friend, Mrs. Mary Hewson, I give one of my silver tankards marked for her use during her life, and after her decease, I give it to her daughter Eliza. I give to her son, William Hewson, who is my godson, my new quarto Bible, and also the botanic description of the plants in the Emperor's garden at Vienna, in folio, with colored cuts.

My picture, drawn by Martin, in 1767, I give to the Supreme Executive Council of Pennsylvania if they shall be pleased to do me the honor of accepting it and placing it in their chamber."

Washington's Circular Letters

ONCE Cornwallis surrendered to Washington at Yorktown in 1781, there emerged the usual reluctance of troops on both sides to get killed for a dispute that was already settled. The British monarchy had ample experience with wars and fully expected to exploit this trait of exhausted soldiers at the end of one. It was clear to the British the colonies could neither be reconciled nor forcibly subdued. What was not clear was how much national advantage might still be extracted from a peace conference. Bluffs and intransigence might still achieve what bayonets could not. Seasoned diplomats are accustomed to such manipulation, but the new American nation only had Benjamin Franklin grown equal to it, representing Pennsylvania and Massachusetts with the British Ministry for several years. Beyond that, however, a particularly American trait was emerging to quit the game before the last card is played. During the Nineteenth century, anticipating and resisting that irresolute temptation came to be called, Character.

The American Revolutionary Army was seldom well-fed, never well armed. Hardly anyone expected a war lasting eight years, or the British regulars to be so mean and effective. Major General Benedict Arnold had seemed like our perfect soldier but turned traitor while in charge of a major defense position at West Point, New York. Conditions for wives and children at home were bad. And the Congress in Philadelphia was willing to inflate the currency, hold back soldiers' pay, pinch pennies on supplies. Other colonies frequently promised to send more soldiers than they actually supplied. Not that they were proud of themselves; they skulked. Surely, some state legislatures and representatives were better than others, but they are almost impossible to identify, now. They all must have been somewhat complicit, or we would have heard more of them denouncing each other. It must have been supremely painful for Washington to receive promises of troops and supplies that he privately doubted, and then to be obliged to assure his troop's help was forthcoming. Inevitable disillusionment discredited him more than the Governors who put him in that position. The British troops surely shared their enemy's reluctance to get killed for a war that was over. They partied and roistered in New York, but who knows what general in London might suddenly order an attack on Washington at Newburgh, just to make overall British defeat seem less humiliating.

Headquarters, Newburgh NY

During sixteen months of this agony, Washington wrote many letters to state Governors, keeping them informed while asking for their help. The custodians of the Headquarters museum proudly show the various tables and chairs for his aides to translate French and Spanish, to make thirteen copies of just about everything, and careful files of all correspondence. Washington was an organized person, they say, or else his chief of staff was organized. Someone like Alexander Hamilton, perhaps. Out of all this headquarters communication system gradually emerged the system of Circulars. The General was in a position to see huge deficiencies in the government system for which he dedicated his life, and apparently grew haunted by the idea that all this suffering would be for nothing if the government which emerged was anything like what he was now seeing. His Circulars to the governors began to take on the style of outlining what kind of government the United States ought to have. It must, for example, acquire federal power; the states must turn over more of their own power to the decisions of a single executive. It must pay its debts; a mighty nation does not chisel its creditors. It must suppress the inclination to squabble and think the worst of one another. It must, in his phrase, be virtuous.

Two emphatic views of the new country emerged from Washington's time in Newburgh. The inability of the government to pay its soldiers, suffering or no suffering, was particularly agonizing. And the close call he had with threatened mutiny made it much worse. Robert Morris had run out of tricks and instructed him the central issue was for the Federal government to be able to levy taxes for servicing the debt, which would make it possible to borrow still more through leverage. Washington never forgot this episode, and at several points, during his later presidency, it guided him well. The other episode which made a lasting impression was to some degree his own fault. He was so impassioned in his hatred of monarchy that his closest friends, Hamilton and the two Morrises -- who had never seen much to criticize in a monarchy -- essentially gave up on trying to persuade him, and took the side of General Gates the hero of Saratoga in a planned mutiny. Washington put it down with nothing but the power of his personality and a little play-acting with his bifocals, but he almost lost the confrontation in an instant. Washington had many close calls with death on the battlefield, but these two near-defeats pretty much shaped the rest of his life as our first President. Indeed these two hatreds, of debt and monarchy, continue to characterize many Americans to a degree that others would describe as unreasonable.

And then he made a mistake. As a way of proving his lack of personal motive, he announced in advance he would be leaving public service forever. Today, every lame duck knows that's a bad idea, even when you mean it. And while he may have sincerely thought he meant it at the time, events show he really didn't. Although he probably didn't want to be indispensable, circumstances made him so. He discovered how little he knew of the technical details of government, and thus how much he needed James Madison's help. Washington lacked skill in managing finance; having depended on Robert Morris throughout the war, he needed Alexander Hamilton at least to handle a peaceful economy. But there was no running away from the central issue; he would be forced to recognize how much he overshadowed anyone else in demeanor, and so, how unlikely it was that anyone else could bully others into cooperating. He was a great-souled person, in Aristotle's phrase. Franklin alone perhaps understood and privately doubted that even Washington could pull it off. Washington's Circulars were driving him straight toward seeking the Presidency he widely proclaimed he did not want and would not accept. And thereby he threatened the one thing in life he prized more than any other: his word of honor to keep his promises.

Adrift With The Living Constitution

Senator Joe Sestak

Former Congressman Joe Sestak visited the Franklin Inn Club recently, describing his experiences with the Tea Party movement. Since Senator Patrick Toomey, the man who defeated him in the 2010 election, is mostly a Libertarian, and Senator Arlen Specter who also lost has switched parties twice, all three candidates in the Pennsylvania senatorial election displayed major independence from party dominance, although in different ways. Ordinarily, gerrymandering and political machine politics result in a great many "safe" seats, where a representative or a Senator has more to fear from rivals in his own party than from his opposition in the other party; this year, things seem to be changing in our area. Pennsylvania is somehow in the vanguard of a major national shift in party politics, although it is unclear whether a third party is about to emerge, or whether the nature of the two party system is about to change in some other way.

For his part, Joe Sestak (formerly D. Representative from Delaware County) had won the Democratic senatorial nomination against the wishes of the party leaders, who had previously promised the nomination to incumbent Senator Specter in reward for Specter's switching from the Republican to Democratic party. For Vice-Admiral Sestak, USN (Ret.) it naturally stings a little that he won the nomination without leadership support, but still came reasonably close to winning the general election without much enthusiasm within his party. He clearly believes he would have beaten Toomey if the party leaders had supported him. It rather looks as though the Democratic party leadership would rather lose the election to the Republicans than lose control of nominations, which are their real source of power. Controlling nominations is largely a process of persuading unwelcome contenders to drop out of the contest. Sestak is, therefore, making a large number of thank-you visits after the election, and clearly has his ears open for signs of what the wandering electorate might think of his future candidacy.

America clearly prefers a two-party system to both the dictatorial tendencies of a one-party system, as well as to European multi-party arrangements, such as run-offs or coalitions. A two-party system blunts the edges of extreme partisanship, eventually moving toward moderate candidates in the middle, in order to win a winner-take-all election. Therefore, our winner-take-all rules are the enforcement mechanism for a two-party system. Our deals and bargains are made in advance of the election, where the public can express an opinion. In multi-party systems, the deals are made after the election where the public can't see what's going on, and such arrangements are historically unstable, sometimes resulting in a victory by a minority fringe with violently unpopular policies. In our system, a new third-party mainly serves as a mechanism for breaking up one of the major parties, to reformulate it as a two-party system with different composition. Proportional representation is defended by European politicians as something which promotes "fairness". Unfortunately, it's pretty hard to find anything in politics anywhere which is sincerely devoted to fairness.

Going far back in history one of the great theorists of legislative politics was the Roman Senator Pliny the Younger, who wrote books in Latin about how to manipulate a voting system. For him, parties were only temporary working arrangements about individual issues, a situation where he recommended: "insincere voting" as a method for winning a vote even if you lacked a majority in favor of it. Over the centuries, other forms of party coalitions have emerged in nations attempting to make democracy workable. Indeed, a "republic" itself can be seen as a mechanism devised for retaining popular control in an electorate grown too large for the chaos and unworkability of pure town hall democracy. A republic is a democracy which has been somewhat modified to make it workable. Our founding fathers knew this from personal experience, and never really considered pure democracy even in the Eighteenth century.

Senator Specter

The two main actors in shaping the American Republic were George Washington and James Madison. Madison was young, scholarly and largely unknown; Washington was old, famous, and insecure about his lack of academic political education. Both of them knew very well that if Washington really wanted something he was going to have it; what mainly restrained him was fear of looking foolish. But he hated partisanship and conniving, partly as a result of having been the victim of General Mifflin and the Conway Cabal. Washington hated political parties and anything resembling them; Madison was young and uncertain, and briefly surrendered the point. It took about two years of real-life governing for Madison to conclude that political parties were absolutely essential to getting something accomplished. In this, he experienced for the first time those unwelcome "pressures from the home state", with Thomas Jefferson determined to thwart Alexander Hamilton, and Patrick Henry thundering and denouncing any hesitation in going for the jugular vein of opponents. Madison was deeply concerned with making his new nation success and eventually joined Jefferson in the Virginia policy of opposing banks, cities and manufacturing. When Washington saw that Madison was committed to this course, he never spoke to him again. For Washington, honesty was always the best policy, and personal honor is never regained once it is lost. The compromise of 1790 was particularly vexing to their relationship, when Washington's honor and personal finances were used as bargaining chips for moving the nation's capital opposite Mount Vernon on the Potomac River, in return for placating Hamilton and Robert Morris with the assumption of state revolutionary war debts.

Henry Clay 1811

Legislative partisan politics took a violent turn in 1811 when 34-year old Henry Clay was elected to his first term as a member of the House of Representatives. The Senate was less prestigious than the House in those days, and Clay had spent his time as a senator studying the landscape of the House before he made his big move upward. Up until that moment, the role of Speaker was that of mediator and administrator of the rules, partisanship was considered a shameful thing in a Speaker. Young Clay was elected Speaker on the first day of the first session after he moved to the House as a member. Seniority was brushed aside, and this newcomer took over. It takes only a moment's reflection to surmise that a lot of politics had taken place before the House convened. Not only that, but Clay immediately added the power of the Speaker to appoint committee chairmen, to the invisible powers of majority leader. The office of majority leader had not yet been created, but it was not long in emerging that anyone who could assemble enough votes for Speaker was also able to make highly partisan choices for Committee Chairs. Eventually, the seniority system was imposed in part as a reaction to perceived abuses of Speaker power. It is worth a digression to reflect on the role of any seniority system, which as it is clearly seen in labor-management industrial relations, serves to deprive management of promotion power, usually substituting seniority for selection by merit. In the case of the Speaker, the seniority system catapults the power of the Speaker over that of every member of his caucus. To rise in a seniority system for committee chairmen, a member must first be appointed to a desirable committee -- by the Speaker, or by his instructed favorites on the appointment committee. It puts in the hands of the Speaker or his agents the power to humiliate a member by ignoring his seniority; the other members know immediately what that means. To understand the power of this threat, reflect on Woodrow Wilson's famous observation that "Congress in committee, is Congress at work."

Soon after Henry Clay made his dramatic moves, Martin van Buren extended the idea of partisan party politics to the actual election of Congressmen. Much of the hoopla and deceptiveness of subsequent campaigns was invented by Andrew Jackson's vice president. And that included their own deal, in which van Buren worked for Jackson's election in return for a promise that he would be the successor, President. After that came the election of 1848, in which William Henry Harrison was elected as a man born in a log cabin. When, in fact, he had been born in one of the largest mansions in Virginia. That had been approximately George Washington's residence description, too, but it is hard to see Old Stone Face lowering himself to accept any office unless it was offered unanimously.

Compare that with the campaign financing episode which created the urban political machine. The Philadelphia traction king Wm. L. Elkins was narrowly concerned with building streetcar lines along with his business associate P.A.B. Widener; Widener had been a city politician before he got into street cars. One or the other of these two approached the Mayor of Philadelphia with the complaint that it interfered with building streetcar lines to have to bribe every bartender on every street corner. So he made a proposal. It wasn't the money that bothered him, because he could just raise trolley fares to cover it, it was the protracted delays. So, how would it be if the trolley company just delivered a big lump-sum bribe to the mayor? That would give enormous political power to the party boss through the power to distribute or withhold the boodle to party workers. And it would save the trolley company lots of time, while not costing any more than the "retail graft" system. Since then, just about every urban political machine in the country has been largely financed through the macing of utilities.

The downward trend of serial modifications to the Philadelphia Constitution of 1787, should be clear enough without further illustration. If the Tea Parties aren't mad about it, they should be. More likely, however, they are mainly mad about the modern pinnacle of sly tinkerings, plainly displayed on TV during the enactment of the Obama Health Bill. The point was repeated for emphasis in the Dodd-Frank financial bill, in case it is ever claimed to have been accidental. In both cases, 2000 page bills were prepared out of sight and thrust before the Congress with orders to enact them in four hours. If that's a representative government, perhaps we ought to go back to having a King.

Washington Lurks in Bucks County, Waiting for Howe to Make a Move

Moland House

Although Bucks County, Pennsylvania, is staunchly Republican, it has been home to Broadway playwrights for decades; this handful of Democrats have long been referred to as lions in a den of Daniels. One of them really ought to make a comic play out of the two weeks in August 1777, when John Moland's house in Warwick Township was the headquarters of the Continental Army.

John Moland died in 1762, but his personality hovered over his house for many years. He was a lawyer, trained at the Inner Temple and thus one of the few lawyers in American who had gone to law school. He is best known today as the mentor for John Dickinson, the author of the Articles of Confederation. Our playwright might note that Dickinson played a strong role in the Declaration of Independence, but then refused to sign it. Moland, for his part, stipulated in his will that his wife would be the life tenant of his house, provided -- that she never speak to his eldest son.

Enter George Washington on horseback, dithering about the plans of the Howe brothers, accompanied by seven generals of fame, and twenty-six mounted bodyguards. Mrs. Moland made him sleep on the floor with the rest.

Enter a messenger; Lord Howe's fleet had been sighted off Patuxent, Maryland. Washington declared it was a feint, and Howe would soon turn around and join Burgoyne on the Hudson River. Washington had his usual bottle of Madeira with supper.

A court-martial was held for "Light Horse Harry" Lee, for cowardice. Lee was exonerated.

Kasimir Pulaski made himself known to the General, offering a letter of introduction from Benjamin Franklin, which letters Franklin noted had been requested by Pulaski himself. As it turned out, Pulaski subsequently distinguished himself as the father of the American cavalry and was killed at the Battle of Savannah.

Lafayette

And then a 19 year-old French aristocrat, the Marquis de Lafayette, made an appearance. Unable to speak a word of English, he nevertheless made it clear that he expected to be made a Major General in spite of having zero battlefield experience. He presented a letter from Silas Deane, in spite of Washington having complained he was tired of Ambassadors in Paris sending a stream of unqualified fortune hunters to pester the fighting army. Deane did, however, manage to make it clear that the Marquis had two unusually strong military credentials. He was immensely rich, and he was a dancing partner, ahem, of Marie Antoinette.

In Mrs. Moland's parlor, Washington sat down with Lafayette to tap-dance around his new diplomatic problem. It was clear America needed France as an ally, and particularly needed money to buy supplies. But it was also clearly impossible to take a regiment away from some American general, a veteran of real fighting, and give that regiment to a Frenchman who could not speak English and who admitted he had no military experience. Fumbling around, Washington offered him the title of Major General, but without any soldiers under his command, at least until later when his English improved. To sweeten it a little, Washington seems to have said something to the effect that Lafayette should think of Washington as talking to him as if he were his father. There, that should do it.

It seems just barely possible that Lafayette misunderstood the words. At any rate, he promptly wrote everybody he knew -- and he knew lots of important people -- that he was the adopted son of George Washington.

Well, Broadway, you take it from there. At about that moment, another messenger arrived, announcing Lord Howe at this moment was unloading troops at Elkton, Maryland. General Howe might have been able to present his credentials to Moland House in person, except that his horses were nearly crippled from spending three weeks in the hold of a ship and needed time to recover. Heavy rains were coming.

(Exunt Omnes).

Suggested Stage Manager: Warren Williams