by Howard Zinn
Shortly after, at courthouses in Worcester and Athol, farmers with guns prevented the courts from meeting to take away their property, and the militia were too sympathetic to the farmers, or too outnumbered, to act. In Concord, a fifty-year-old veteran of two wars, Job Shattuck, led a caravan of carts, wagons, horses, and oxen onto the town green, while a message was sent to the judges:
The voice of die People of this county is such that the court shall not enter this courthouse until such time as the People shall have redress of the grievances they labor under at the present.
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A county convention then suggested the judges adjourn, which they did.
At Great Barrington, a militia of a thousand faced a square crowded with armed men and boys. But the militia was split in its opinion. When the chief justice suggested the militia divide, those in favor of the court's sitting to go on the right side of the road, and those against on the left, two hundred of the militia went to the right, eight hundred to the left, and the judges adjourned. Then the crowd went to the home of the chief justice, who agreed to sign a pledge that the court would not sit until the Massachusetts General Court met. The crowd went back to the square, broke open the county jail, and set free the debtors. The chief justice, a country doctor, said: "I have never heard anybody point out a better way to have their grievances redressed than the people have taken."
The governor and the political leaders of Massachusetts became alarmed. Samuel Adams, once looked on as a radical leader in Boston, now insisted people act within the law. He said "British emissaries" were stirring up the farmers. People in the town of Greenwich responded: You in Boston have the money, and we don't. And didn't you act illegally yourselves in the Revolution? The insurgents were now being called Regulators. Their emblem was a sprig of hemlock.
The problem went beyond Massachusetts. In Rhode Island, the debtors had taken over the legislature and were issuing paper money. In New Hampshire, several hundred men, in September of 1786, surrounded the legislature in Exeter, asking that taxes be returned and paper money issued; they dispersed only when military action was threatened.
Daniel Shays entered the scene in western Massachusetts. A poor farm hand when the revolution broke out, he joined the Continental army, fought at Lexington, Bunker Hill, and Saratoga, and was wounded in action. In 1780, not being paid, he resigned from the army, went home, and soon found himself in court for nonpayment of debts. He also saw what was happening to others: a sick woman, unable to pay, had her bed taken from under her.
What brought Shays fully into the situation was that on September 19, the Supreme Judicial Court of Massachusetts met in Worcester and indicted eleven leaders of the rebellion, including three of his friends, as "disorderly, riotous and seditious persons" who "unlawfully and by force of arms" prevented "the execution of justice and the laws of the commonwealth." The
Supreme Judicial Court
planned to meet again in Springfield a week later, and there was talk of Luke Day's being indicted.
Shays organized seven hundred armed farmers, most of them veterans of the war, and led them to Springfield. There they found a general
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with nine hundred soldiers and a cannon. Shays asked the general for permission to parade, which the general granted, so Shays and his men moved through the square, drums hanging and fifes blowing. As they marched, their ranks grew. Some of the militia joined, and reinforcements began coming in from the countryside. The judges postponed hearings for a day, then adjourned the court.
Now the General Court, meeting in Boston, was told by Governor James Bowdoin to "vindicate the insulted dignity of government." The recent rebels against England, secure in office, were calling for law and order. Sam Adams helped draw up a Riot Act, and a resolution suspending habeas corpus, to allow the authorities to keep people in jail without trial. At the same time, the legislature moved to make some concessions to the angry farmers, saying certain old taxes could now be paid in goods instead of money.
This didn't help. In Worcester, 160 insurgents appeared at the courthouse. The sheriff read the Riot Act. The insurgents said they would disperse only if the judges did. The sheriff shouted something about hanging. Someone eame up behind him and put a sprig of hemlock in his hat. The judges left.
Confrontations between farmers and militia now multiplied. The winter snows began to interfere with the trips of farmers to the courthouses. When Shays began marehing a thousand men into Boston, a blizzard forced them back, and one of his men froze to death.
An army came into the field, led by General Benjamin Lincoln, on money raised by Boston merchants. In an artillery duel, three rebels were killed. One soldier stepped in front of his own artillery piece and lost both arms. The winter grew worse. The rebels were outnumbered and on the run. Shays took refuge in Vermont, and his followers began to surrender. There were a few more deaths in battle, and then sporadic, disorganized, desperate acts of violence against authority: the burning of barns, the slaughter of a general's horses. One government soldier was killed in an eerie night-time collision of two sleighs.
Captured rebels were put on trial in Northampton and six were sentenced to death. A note was left at the door of the high sheriff of Pittsfidd:
I understand that there is a number of my countrymen condemned to die because they fought for justice. T pray have a care diat you assist not in the execution of so horrid a crime, for by all that is above, he that condemns and he that executes shall share alike. . . - Prepare for cleadi with speed, for your life or mine is short. When the woods are covered with leaves, I shall return ami pay yon a short visit.
Thirty-three more rebels were put on trial and six more condemned to death. Arguments took place over whether the hangings should go forward. General Lincoln urged mercy and a Commission of Clemency, but Samuel Adams said: "In monarchy the crime of treason may admit of being pardoned or lightly punished, but the man who dares rebel against the laws of a republic ought to suffer death." Several hangings followed; some of the condemned were pardoned. Shays, in Vermont, was pardoned in 1788 and returned to Massachusetts, where he died, poor and obscure, in 1825.
It was Thomas Jefferson, in France as ambassador at the time of Shays' Rebellion, who spoke of such uprisings as healthy for society. In a letter to a friend he wrote: "I hold it that a little rebellion now and then is a good thing.... It is a medicine necessary for the sound health of government.... God forbid that we should ever be twenty years without such a rebellion.. . . The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is its natural manure."
But Jefferson was far from the scene. The political and economic elite of the country were not so tolerant. They worried that the example might spread. A veteran of Washington's army, General Henry Knox, founded an organization of army veterans, "The Order of the Cincinnati," presumably (as one historian put it) "for the purpose of cherishing the heroic memories of the struggle in which they had taken part," but also, it seemed, to watch out for radicalism in the new country. Knox wrote to Washington in late 1786 about Shays' Rebellion, and in doing so expressed the thoughts of many of the wealthy and powerful leaders of the country:
The people who are the insurgents have never paid any, or but very little taxes. But they see the weakness of government; they feel at once their own poverty, compared with the opulent, and their own force, and they are determined to make use of die latter, in order to remedy the former. Their creed is "That the property of the United States has been protected from the confiscations of Britain by the joint exertions of all, and therefore ought to he the common properly of all. And he that attempts opposition to this creed is an enemy to equity and justice and ought to be swept from off the face of the earth."
Alexander Hamilton, aide to Washington during the war, was one of the most forceful and astute leaders of the new aristocracy
. He voiced his political philosophy:
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All communities divide themselves into the few and the many. The first arc the rich and well-horn, the other the mass of the people. The voice of the people has been said to be die voice of God; and however generally this maxim has been quoted and believed, it is not true in fact. The people are turbulent and changing; diey seldom judge or determine right. Give therefore to the first class a distinct permanent share in the government. .. . Can a democratic assembly who annually revolve in the mass of the people be supposed steadily to pursue the public good? Nothing but a permanent body can check the imprudence of democracy.. ..
A.t the Constitutional Convention, Hamilton suggested a President and Senate chosen for life.
The Convention did not take his suggestion. But neither did it provide for popular elections, except in the case of the House of Representatives, where the qualifications were set by the state legislatures (which required property-holding for voting in almost all the states), and excluded women, Indians, slaves. The Constitution provided for Senators to be elected by the state legislators, for the President to be elected by electors chosen by the state legislators, and for the Supreme Court to be appointed by the President.
The problem of democracy in the post-Revolutionary society was not, however, the Constitutional limitations on voting. It lay deeper, beyond the Constitution, in the division of society into rich and poor. For if some people had great wealth and great influence; if they had the land, the money, the newspapers, the church, the educational system— how could voting, however broad, cut into such power? There was still another problem: wasn't it the nature of representative government, even when most broadly based, to be conservative, to prevent tumultuous change?
It came time to ratify the Constitution, to submit to a vote in state conventions, with approval of nine of the thirteen required to ratify it. In New York, where debate over ratification was intense, a series of newspaper articles appeared, anonymously, and they tell us much about the nature of the Constitution. These articles, favoring adoption of the Constitution, were written by James Madison, Alexander Hamilton, and John Jay, and came to be known as the Federalist Papers (opponents of the Constitution became known as anti-Federalists).
In Federalist Paper #10, James Madison argued that representative government was needed to maintain peace in a society ridden by factional disputes. These disputes came from "the various and unequal distribution of property. Those who hold and those who are without property
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have ever formed distinct interests in society." The problem, he said, was how to control the factional struggles that came from inequalities in wealth. Minority factions could be controlled, he said, by the principle that decisions would be by vote of the majority.
So the real problem, according to Madison, was a majority faction, and here the solution was offered by the Constitution, to have "an extensive republic," that is, a large nation ranging over thirteen states, for then "it will be more difficult for all who feel it to discover their own strength, and to act in unison with each other.... The influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general conflagration through the other States."
Madison's argument can be seen as a sensible argument for having a government which can maintain peace and avoid continuous disorder. But is it the aim of government simply to maintain order, as a referee, between two equally matched fighters? Or is it that government has some special interest in maintaining a certain kind of order, a certain distribution of power and wealth, a distribution in which government officials are not neutral referees but participants? In that case, the disorder they might worry about is the disorder of popular rebellion against those monopolizing the society's wealth. This interpretation makes sense when one looks at the economic interests, the social backgrounds, of the makers of the Constitution.
As part of his argument for a large republic to keep the peace, James Madison tells quite clearly, in Federalist #10, whose peace he wants to keep: "A rage for paper money, for an abolition of debts, for an equal division of property, or for any other improper or wicked project, will be less apt to pervade the whole body of the Union than a particular member of it."
When economic interest is seen behind the political clauses of the Constitution, then the document becomes not simply the work of wise men trying to establish a decent and orderly society, but the work of certain groups trying to maintain their privileges, while giving just enough rights and liberties to enough of the people to ensure popular support.
In the new government, Madison would belong to one party (the Democrat-Republicans) along with Jefferson and Monroe. Hamilton would belong to the rival party (the Federalists) along with Washington and Adams. But both agreed—one a slaveholder from Virginia, the other a merchant from New York—on the aims of this new government they were establishing. They were anticipating the long-fundamental agreement of the two political parties in the American system. Hamilton wrote elsewhere in the Federalist Papers that the new Union would be
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able "to repress domestic faction and insurrection." He referred directly to Shays' Rebellion: "The tempestuous situation from which Massachusetts has scarcely emerged evinces that dangers of this kind are not merely speculative."
Tt was either Madison or Hamilton (the authorship of the individual papers is not always known) who in Federalist. Paper #63 argued the necessity of a "well-constructed Senate" as "sometimes necessary as a defence to the people against their own temporary errors and delusions" because "there are particular moments in public affairs when the people, stimulated by some irregular passion, or some illicit advantage, or misted by the artful misrepresentations of interested men, may call for measures which they themselves will afterwards be the most ready to lament and condemn." And: "In these critical moments, how salutary will be the interference of some temperate and respectable body of citizens in order to check the misguided career, and to suspend the blow meditated by the people against themselves, until reason, justice, and truth can regain their authority over the public mind?"
The Constitution was a compromise between slaveholding interests of the South and moneyed interests of the North. For the purpose of uniting the thirteen states into one great market for commerce, the northern delegates wanted laws regulating interstate commerce, and urged that such laws require only a majority of Congress to pass. The South agreed to this, in return for allowing the trade in slaves to continue for twenty years before being outlawed.
Charles Beard warned us that governments—including the government of the United States—arc not neutral, that they represent the dominant economic interests, and that their constitutions are intended to serve these interests. One of his critics (Robert E. Brown, Charles Beard and the Constitution) raises an interesting point. Granted that the Constitution omitted the phrase "life, liberty and the pursuit of happiness," which appeared in the Declaration of Independence, and substituted "life, liberty, or property"—well, why shouldn't the Constitution protect property? As Brown says about Revolutionary America, "practically everybody was interested in the protection of property" because so many Americans owned property.
However, this is misleading. True, there were many property owners. But some people had much more than others. A few people had great amounts of property; many people had small amounts; others had none. Jackson Main found that one-third of the population in the Revolutionary period were small fanners, while only 3 percent of the population had truly large holdings and could he considered wealthy.
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Still, one-third was a considerable number of people who felt they had something at stake in the stability of a new government. This was a larger base of support for government than anywhere in the world at the end of the
eighteenth century. In addition, the city mechanics had an important interest in a government which would protect their work from foreign competition. As Staughton Lynd puts it: "How is it that the city workingmen all over America overwhelmingly and enthusiastically supported the United States Constitution?"
This was especially true in New York. When the ninth and tenth states had ratified the Constitution, four thousand New York City mechanics inarched with floats and banners to celebrate. Bakers, blacksmiths, brewers, ship joiners and shipwrights, coopers, cartmen and tailors, all marched. What Lynd found was that these mechanics, while opposing elite rule in the colonies, were nationalist. Mechanics comprised perhaps half the New York population. Some were wealthy, some were poor, but all were better off than the ordinary laborer, the apprentice, the journeyman, and their prosperity required a government that would protect them against the British hats and shoes and other goods that were pouring into the colonies after the Revolution. As a result, the mechanics often supported wealthy conservatives at the ballot box.
The Constitution, then, illustrates the complexity of the American system: that it serves the interests of a wealthy elite, hut also does enough for small property owners, for middle-income mechanics and farmers, to build a broad base of support. The slightly prosperous people who make up this base of support are buffers against the blacks, the Indians, the very poor whites. They enable the elite to keep control with a minimum of coercion, a maximum of law—all made palatable by the fanfare of patriotism and unity.
The Constitution became even more acceptable to the public at large after the first Congress, responding to criticism, passed a series of amendments known as the Bill of Rights. These amendments seemed to make the new government a guardian of people's liberties: to speak, to publish, to worship, to petition, to assemble, to be tried fairly, to be secure at home against official intrusion. It was, therefore, perfectly designed to build popular backing for the new government. What was not made clear—it was a time when the language of freedom was new and its reality untested—was the shakiness of anyone's liberty when entrusted to a government of the rich and powerful.
