Constitution Sunday: “Brutus” VIII

“Brutus” VIII

New York Journal, January 10, 1788

In the draft of the Constitution was a clause that permitted the federal government to “borrow money on the credit of the United States, and to raise and support armies.” The author of an article in the New York Journal, using the pseudonym Brutus (undoubtedly referring to one of Julius Caesar’s assassins, Marcus Junius Brutus), warned of the consequences flowing from that clause. Not only did it leave open the possibility of the national debt growing so large as to exceed the country’s ability to repay, it allowed an “indefinite and unlimited” power to raise armies regardless of whether the country was at war.

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The Panic of 1873

The Intersection of Wall Street and Broad Street in New York City. September 1873.

Economic crises carry with them hugely devastating results: high rates of unemployment and bankruptcy are emblematic of the more modern ones. Often, a crisis is not precipitated by a flaw in the overall economy but instead a dangerous practice in a sector of that economy. Perhaps that sector has companies or individuals who have undertaken a course of action that threatens the market, and perhaps no authority figure—governmental or otherwise—can curb or stop that dangerous behavior and prevent the damage from being done. By 1873, the American railroad industry had become an industry asking for a crisis: throughout the country—and increasingly in Europe—the American railroad companies had been a popular investment; the lure of high returns was too strong for investors to resist, and the tinderbox for the impending blaze would be the bonds of railroad companies. Those bonds were the sought after investment of the time and had been collateralized—just as a piece of real estate is collateralized for a mortgage—several times over (therefore inflating the value of the bonds, the volume of the railroad bond market, and the risk of the investments). Investors, through their greed, were guaranteeing that when the market did face a disruption—and it inevitably would—that disruption, that spark, would be the beginning of a years-long economic depression.

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Constitution Sunday: Thomas B. Wait to George Thatcher

Portland, Maine, January 8, 1788

When drafting any written constitution or even any law, there is a question of whether every right should be explicitly laid out in the document. Where there are express rights in a constitution—such as the right to freedom of speech—a reader (including judges) may conclude that the list of rights are exhaustive and that there are no rights but those mentioned in that constitution. A reader could also reason that those rights which are expressed in the constitution are not a complete list but only the most important rights and may, in fact, include other rights. Additionally, a constitution may have express prohibitions such as the United States Constitution at Article I, Section 9: “The privilege of the writ of Habeas Corpus shall not be suspended.” Questions of interpretation, such as these, led to debates between friends in the winter of 1787 and 1788, and a letter from Thomas B. Wait to George Thatcher illustrated those debates.

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Crédit Mobilier

The Union Pacific Railroad at the 100th Meridian in 1866. Courtesy: Library of Congress.

Americans’ trust in their government has always ebbed and flowed, and those ebbs and flows have largely depended on whether the government and its officers have acted in ways that earned the trust of its citizens or in ways that led the government to be mired in scandal—therefore sullying its reputation. Some of the largest ebbs in trust have come after officials in the top echelon of government—Senators, Representatives, Presidents and their cabinets—have used their offices for their own benefit. Two months before the election of 1872, news broke of a scandal that would extend well into 1873 and implicate politicians as prominent as the Vice President, and that scandal foreshadowed the ways in which big business and politics would intertwine in not only the Nineteenth Century but the Twentieth and Twenty-First Centuries.

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Constitution Sunday: “The Republican” to the People

“The Republican” to the People

Connecticut Courant (Hartford), January 7, 1788

Throughout the history of the United States, there have been numerous instances where its citizens questioned whether the Constitution and its amendments were sufficiently protecting the liberties of the people. Those questions have led to substantial change—such as the amendments to the Constitution and laws that furthered the Constitution’s objectives, like the Civil Rights Acts—and yet, the American people’s perspective on the Constitution and the liberty it affords has often been one of disenchantment.

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The Rise of Wage Labor

Chicago in the Late 1800s.

During the Gilded Age, millions of Americans saw their work lives transform: no longer would it be so common for the working man or woman to survive based on what he or she produced; rather, that worker would receive payment—from an employer or a contractor—for the time worked. That change allowed for the possibility during the Gilded Age for the older generation to reflect on their younger years, before the Civil War, and how they had sold most of what they had grown or made (and how they had then needed a wide variety of skills to not only grow or make those goods but to bring those goods to market and actually sell them). During the Gilded Age, that same generation could have been working the last years of their working lives reporting to a factory for work; work that likely had a significant element of danger and that may have required them to use a fraction of the skills that had served as their saving grace during their younger years. For the generations of Americans that have come after the Gilded Age, the system of wage labor has been no oddity. It became a substantial part of the modern way of life and not only in America. What would have struck and should strike subsequent generations, however, were the mechanics of the American economy in which wage labor was born and how the wage labor system in its rawest form did not extend even some of the most basic protections to workers.

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Constitution Sunday: Luther Martin, “The Genuine Information,” IX

Luther Martin: “The Genuine Information,” IX

Maryland Gazette (Baltimore), January 29, 1788

Impeachment of a president has become a feature within the Constitution that is colored by its uses throughout history: the impeachments of Andrew Johnson, Bill Clinton, and Donald Trump and the near-impeachment of Richard Nixon. While none of the impeachment proceedings resulted in conviction—and thus removal—of a president, those proceedings illustrated how Congress would deliberate over the solemn task that the Constitution assigned it. At the time the Constitution was facing ratification, it remained unclear how Congress would actually remove a president, and one author, writing under the name Luther Martin, opined in the Maryland Gazette that Congress would never remove a president—and thus far, Martin has been correct.

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The Nineteenth Century Liberal

View from the Capitol 01 detail
Washington, DC in 1870.

The two dominant American political parties of the late 1860s, the Republicans and the Democrats, are the parties that continue to dominate the political landscape into the early Twenty-First Century. Although they are the same parties in name, many of the policies they espouse—and the place on the political spectrum their supporters find themselves—have almost entirely reversed in the intervening century and a half. In modern parlance, a liberal is one that finds himself or herself on the left side of the political spectrum and is more likely to be a member of the Democratic Party. In the late Nineteenth Century, the term had an entirely different meaning. Read more

Constitution Sunday: Luther Martin, “The Genuine Information,” II

Luther Martin, “The Genuine Information,” II

Maryland Gazette (Baltimore), January 1, 1788

Every form of government known to human history has been presented—on occasion—with the possibility of revolution or, perhaps euphemistically, a drastic reform of that government’s structure. While the causes may vary for a revolution or reform, the discontent that precedes it is universal: massive parts of the citizenry feel disillusioned with the government’s ability or will to act in the citizens’ best interest. It is at that point that the defects in the government are most evident, and it is at that point that citizens decide whether those defects can and should be corrected or whether fundamental change is necessary. Read more

The Election of 1868

GrantColfax1868
A Campaign Poster for Ulysses S. Grant and Schuyler Colfax. M.B. Brown & Co., New York. Courtesy: Library of Congress.

In 1864, as the election neared, President Abraham Lincoln, a Republican, wagered that his re-election prospects depended on having a unity ticket: rather than choose a fellow Republican for the nomination for Vice President, he opted for a War Democrat and southerner, Andrew Johnson. With Johnson being from the South, condemning the Confederacy, and supporting the prosecution of the Civil War without negotiated peace—unlike the faction in his party known as the Copperheads (which called for immediate peace negotiations with the Confederacy)—he served as a useful balance to the Republican, Lincoln, whose party was increasingly vocal about abolition and subjugating the South, political issues that chilled some parts of the electorate to Lincoln. By 1868, much had changed. Lincoln had been assassinated, Johnson had poorly navigated Washington politics (and had come to within one vote of the Senate removing him from the presidency), and Ulysses S. Grant had continued his meteoric rise in popularity. There was little doubt that Grant would be the Republican nominee; he was one of the most popular Americans of the 1860s and would remain so for the duration of the 19th Century. The bigger questions were who the Democratic Party would choose as its nominee and whether that nominee would have a chance at becoming the first Democrat elected to the Presidency in twelve years—when James Buchanan won the election of 1856. Read more