The Federalist Papers on unlimited national security

Rerunning our series on the Federalist debates; here we see how the men who supported the new constitution answered the Anti-Federalists’ concern that the strong federal government proposed by that document would degrade the republican virtue of American citizens by weakening local government, which they could take a more active, immediate role in. The Anti-Federalists made a passionate case that corruption would follow the distancing of government from the people, and challenged the Federalists to prove them wrong.

 

The Federalists replied by completely ignoring the whole argument as rearranging deck chairs on the Titanic. Their response focused on foreign policy and national security. A strong central government was absolutely essential to national security, they said—there’s no point worrying about domestic citizen virtue if the United States has been destroyed by a weak foreign policy and national defense. To survive in the world, the US had to be able to negotiate treaties in good faith; other nations had to believe the US would obey international law and live up to the terms of those treaties. For that to happen, the US had to have a strong federal government that could make sure the states lived up to the terms of the treaties. Without this mechanism for good faith negotiating, the US would open itself to invasion and dissolution.

This was no imaginary scenario in 1787. Even as the Federalist debates raged, the US was in violation of its treaty with Britain ending the Revolutionary War. In that treaty, the US had agreed to either return property seized from Loyalists during the war or reimburse those Loyalists for their losses. That was not happening, because state governments were not enforcing those terms, and that was the stated reason why Britain was not removing its army from the western frontier as it had promised to do. The U.S. had also signed a treaty with Spain promising to keep U.S. citizens east of the Mississippi River, out of the lands that would one day be the Louisiana Purchase but were in 1787 Spanish territory. Americans were moving into the regions that would become the states of Mississippi, Tennessee, and Kentucky—pressing right up to the Spanish border, and clearly intending to cross it. That could provoke a war with Spain in the west, which could activate a war with Britain in the west as well, and both countries could sweep east and divide up the nascent US between them and that would be that.

We have to have a strong federal government, said the Federalists, to enforce international treaties, deal with foreign powers to avoid war, and to organize a national defense if war cannot be avoided. A strong central government protecting the states will deter other nations from attacking individual states to pull the US apart piece by piece. Of course, the “government” itself wouldn’t fight a war: the government would have to raise a standing army.

This was political dynamite to many Americans in 1787. Getting the British standing army out of America had been a major war aim, and most Americans saw a standing army—an army maintained during peacetime—as a tool of tyranny. What government would resist using its army to keep the populace down, intimidate people, and prevent them from criticizing the government? And who would pay for it—the states? They were already maintaining their state militias; why add the expense of funding a national army? Why couldn’t the US fight any future war the way it fought the Revolutionary War, by sending states militia to join together in one army until the war was over, then to return to their states? When the Federalists added that the US would also have to have a strong navy, the call only confirmed suspicions that these forces would be used to tyrannize over the people, not protect the nation.

The standing army and navy also represented another problem: clearly, to create and maintain these armed forces, the federal government would have to tax the states. The Federalists did not mince words here. They said that the federal government must not only tax the states, but have an unlimited power of taxation.

Remember that under the Articles of Confederation, the federal government could ask the states for money, but could not levy a tax the states were required to pay. Remember also from part 2 of our series that the Anti-Federalists had criticized the idea of the federal government ever levying a tax, and made only the small concession that if a war came up the federal government could ask the states for money to fight it (without a guarantee that the states would pay it; they would, in fact, most likely have refused to pay it, focusing instead on beefing up their individual state defenses/militias). If the Constitution was adopted, that would radically change to allow the federal government to enforce any tax it liked in the name of national security.

The Anti-Federalist writing under the name “Brutus” (we do not know who this was) stated in his/her 8th essay:

“These powers taken in connection, amount to this: that the general government have unlimited authority and control over all the wealth and all the force of the union. The advocates for this scheme, would favor the world with a new discovery, if they would show, what kind of freedom or independency is left to the state governments, when they cannot command any part of the property or of the force of the country, but at the will of the Congress.”

Alexander Hamilton, rather than dissemble, agreed heartily. Yes, he said, the federal government will have unlimited authority over the “force” of the union, and over its wealth when it comes to preserving that union. In Federalist Paper 23, he said that because we cannot predict the future, and know what threats we may face, we have to be ready to face anything, and that means being ready to pay anything (all capitals are his, not ours):

“These powers ought to exist without limitation, BECAUSE IT IS IMPOSSIBLE TO FORESEE OR DEFINE THE EXTENT AND VARIETY OF NATIONAL EXIGENCIES, OR THE CORRESPONDENT EXTENT AND VARIETY OF THE MEANS WHICH MAY BE NECESSARY TO SATISFY THEM. The circumstances that endanger the safety of nations are infinite, and for this reason no constitutional shackles can wisely be imposed on the power to which the care of it is committed. This power ought to be coextensive with all the possible combinations of such circumstances; and ought to be under the direction of the same councils which are appointed to preside over the common defense. … And unless it can be shown that the circumstances which may affect the public safety are reducible within certain determinate limits; unless the contrary of this position can be fairly and rationally disputed, it must be admitted, as a necessary consequence, that there can be no limitation of that authority which is to provide for the defense and protection of the community, in any matter essential to its efficacy that is, in any matter essential to the FORMATION, DIRECTION, or SUPPORT of the NATIONAL FORCES.”

If the threats we face as a nation are “infinite”, then our capacity to respond to those threats must also be infinite. You can’t say, We’ll allow the federal government to tax the states to raise $100K for national defense in 1788 because that’s how much we needed in 1787. You can’t even say, let’s double it to $200K just in case. You cannot ever put a limit on the power of the government to tax the states to defend the nation because then you run the risk that what you need is $700 million, and you only have $200K.

This seemed preposterous to most Americans. How could so unexpected a threat arise? What on earth was going to change to make such huge amounts necessary?

In Federalist Paper 34, Hamilton answered this by saying, I don’t know. Who knows? Who can know the future? Who can say what unimaginable threats might arise in 50 or 100 years? You have to remember, Hamilton said, that we are talking about how the US government will function not just in our lifetimes, but for hundreds or even thousands of years:

In pursuing this inquiry, we must bear in mind that we are not to confine our view to the present period, but to look forward to remote futurity. Constitutions of civil government are not to be framed upon a calculation of existing exigencies, but upon a combination of these with the probable exigencies of ages, according to the natural and tried course of human affairs. Nothing, therefore, can be more fallacious than to infer the extent of any power, proper to be lodged in the national government, from an estimate of its immediate necessities. There ought to be a CAPACITY to provide for future contingencies as they may happen; and as these are illimitable in their nature, it is impossible safely to limit that capacity. In framing a government for posterity as well as ourselves, we ought, in those provisions which are designed to be permanent, to calculate, not on temporary, but on permanent causes of expense.

That is, the federal government must have the “capacity” to expand its expenditures when necessary, with no set limits. You can’t limit the government of 2014 to a certain amount of taxation because that’s what worked in 1787; we know, Hamilton says, that what works in 1787 is not going to work in 2014—it just can’t. Change is constant, and we can’t handcuff the federal government by forcing it to remain in 1787 as time marches on. We also can’t force the federal government to beg the states to approve each and every change it needs to stay current, or risk the states refusing that approval.

This Federalist argument is very much alive today. The federal government has defended NSA surveillance on the basis of anticipating threats we can’t even imagine. Some Americans believe that national security should trump personal privacy and liberty; others argue that the federal government should have to justify its actions and expenses to the public. For some Americans, no expense is too much if it is spent to protect the nation from threats real or imagined; others demand oversight of national security expenditures. Hamilton was prescient in his understanding that the definition of “threat” could change beyond all rational expectation. Whether he was right in saying the federal government must have the freedom and power to meet those threats by any means necessary is still a question in the United States today.

Next time we’ll see how this argument led to charges of trying to destroy the union being made by both sides.

What is virtuous Republicanism? in the Federalist debates

Rerunning our series on the Federalist debates; here we look at the pros and cons of a strong federal government as argued at the time.

The Anti-Federalists wanted to keep government local. They did not want to change the sections of the Articles of Confederation that gave power to state governments and relegated the federal government to handling defense and foreign relations. That is, they wanted a confederation, not a union, of sovereign states that decided on their own whether they would heed calls from the federal government for taxation, or a military call-up, or a foreign treaty, etc. For instance, as we’ll see later in this series, when Alexander Hamilton proposed that the federal government must have the right to tax the states, unilaterally, in time of war, the Anti-Federalist response was to say, why not have the federal government go to the states when it felt it needed to raise money for war and the states would vote on whether to pay it. To us today that seems unworkable at best, crazy at worst, but it is clearly grounded in English law: the monarch had to go to Parliament to ask it to levy a tax to fight a war. This was a check on the monarch’s power meant to keep a monarch from bankrupting the kingdom in endless or losing wars. Parliament decided whether it would grant the money or not, considering whether the tax was in the best interest of the people. On the other hand, it was the breakdown of this system that had led to the English Civil War in 1642.

It’s obvious that the Anti-Federalists were worried that a strong federal government would begin to tyrannize over the states, as the British government in London had tyrannized its American colonies. But that British tyranny was just a symptom of a larger problem to the Anti-Federalists: the loss of virtuous republicanism.

Enlightenment political theorists described a successful republic as fueled by the private virtue of its citizens. Serving the state selflessly, devoting one’s energies to ensuring that the state fulfilled the common good, was an end in itself in the ideal/successful republic. All republics in history had failed, said the theorists, because civic virtue broke down—corrupted by power, or weakened by lazy inactivity. Of all the types of government, republicanism alone depended on the dedication of its citizens to the greater good and virtue as an end in itself.

This kind of republican virtue could only exist locally, according to the Anti-Federalists. When do people care about government? When they own it. When local people in local bodies make local rules, when you know your representatives and live next door to them and do business with them, then government is honest and effective, because it is truly representative, and any participant who goes against the common good is quickly voted out of office. State governments run by locally elected reps who live among their constituents can’t go wrong, especially in America, where the common people had proved their great republican virtue during the Revolutionary War by keeping their elected governments running and their local militias fighting.

The chances of local state governments remaining uncorrupted were made even greater by the fact that state reps would be elected by, and would mostly be themselves, farmers. Thomas Jefferson is the most famous of the advocates of the virtue of the yeoman farmer. A romanticized view of men who were “close to the land, close to God” was very popular during the Federal period, and continues on to a certain extent to the present day. To quote just one of Jefferson’s typical effusions:

“Those who labour in the earth are the chosen people of God, if ever he had a chosen people, whose breasts he has made his peculiar deposit for substantial and genuine virtue. It is the focus in which he keeps alive that sacred fire, which otherwise might escape from the face of the earth.”

(How a man who saw most farming done by enslaved men and women whom he described as incapable of virtue could wax so poetically so often is a riddle.) At any rate, farmers were seen as the polar opposites of bankers and businessmen: farmers did not make their money off of other people, did not get rich collecting interest on debt, etc. Farmers made an honest living working the land. Therefore, farmers should be the heart and soul of local government. Of course, in the late 1700s, the American economy was predominately agricultural, and most people were farmers, so to have a government run by farmers was not only possible, but natural, and truly representative.

To remove government from the states to a federal government, no matter how centrally located, was to strike a blow against republican virtue. Reps sent to that distant national capital would be necessarily distanced from their constituents, and lose touch with them. Local interests in one state would have to fight with the local interests of another state in the capital. State needs could be overruled by cooked-up “national needs”. Traveling to and from the capital, in an era when the nation had few good roads, meant reps would be on the road or in the capital most of the time, not living amongst their constituents. Farmers would not be able to be away from their farms for months at a time to do this, so citizens might stop electing farmers, people like them, and start electing urban businessmen who could wheel and deal more effectively, but, as a result of that, politics would become sleazy. And, crucially, local needs and local focus would take a back seat to national needs and national focus, which impinged on the sovereignty of the states—when you focus on national laws and taxes, you prioritize the national over the state/local, and the states become cogs in a machine rather than separate political entities. As the nation grew, any capital, no matter how centrally placed in 1787, would become distant and out of touch with its far-flung state citizens, and then tyranny inevitably beckoned.

Again, we recognize here an argument that has never died out of American politics. “Washington insiders” are “out of touch” with “the American people”, “Wall Street” tyrannizes over “Main Street”, and the world “outside the Beltway” has nothing in common with the world inside it. “Big government” is ruining the nation, and government itself “is the problem”. We still even like to idealize farmers, at least in produce and truck commercials. And the push to weaken the federal government and return more power and sovereignty to the states has been going strong since the 1980s.

But the belief that state governments, because they are smaller than the federal government, cannot become corrupt was strange in 1787 and it remains strange today. Power corrupts, and any entity given power runs the risk of corruption. We see corruption at all levels of our government, from city halls to state legislatures. If the federal government were wiped away tomorrow, and the states ran everything, local corruption levels would rise commensurately. Mayoral elections in cities large and small are generally characterized by claims that the candidates do not reflect or represent the people; the same thing happens in elections for state government and governorships. Our population is too diverse for any one person, to fully represent all her/his constituents. And gerrymandering and redistricting efforts make sure that no group of legislators can accurately represent the people of their state.

Yet that is exactly why we can’t completely discount the Anti-Federalists’ desire to pin government to citizen virtue. If everyone felt they really had ownership in their local government, they would work harder to safeguard that government. They would vote, and run for office, and insist on reps who really represented them. A representative democracy like ours is a rarity in the world; only a relative handful of nations really have truly representative democracies. And it does rely on its citizens’ virtue: they have to really believe in life, liberty, and justice for all, and be ready to put their fortunes and even their lives on the line for it. Our current federal government, as well as our state governments, work well only when stocked by people who have that kind of virtue.The Anti-Federalists were right to insist on this.

So how did the Federalists answer these domestic concerns? Find out next time.

The Federalist papers, the federalist debates

Hello and welcome to a replay of our series on the Federalist debates. We have to admit that this was a topic we avoided for a long time here on the HP; somehow these impassioned, immediate debates over the very nature of our founding principles, carried out with and for the general public, have failed to capture the imagination. Part of this, perhaps, is because the Federalist debates are one of the worst-taught areas of U.S. history in American schools. You’re told there was a debate over whether to have a strong federal government, the Anti-Federalists are represented as idiots fighting an obviously good idea, and you’re sat down to read a laboriously expressed Federalist Paper or two, and that’s that. The debates seem pointless, and the Papers seem unreadable.

The debates weren’t pointless, however, and the Anti-Federalists weren’t idiots. And “Federalist” search activity here at the HP has moved us to repost. Enjoy!

 

The Papers can be dense: classical references; long, semi-historical digressions; sentences that are a full paragraph long, using more semi-colons than even the HP would dare. But generally when they have a point to make they hammer it home with minimal rhetoric and maximum good sense. So we’re going to quote from some of the Papers in this series, to make our own points. (We are also indebted to the powerhouse lectures on the Federalist debates of Dr. Thomas Pangle, UT Austin, for the flow of our series.)

We do this because Americans in the 21st century are still having the Federalist debates. The questions the anti-Federalists raised are still valid today, and not just for that minority of Americans who want to dismantle the federal government completely. The questions the anti-Federalists raised, and the answers the Federalists gave, are eerily modern, and the most eerie part is that Federalists like Hamilton explicitly stated in 1787 that they were thinking forward hundreds of years, trying in vain to fully anticipate the problems the nation would face centuries after them, and trying to build in protections for the government and liberties for the people to preserve freedom in the face of threats they could not even imagine. As Hamilton put it, in Papers 23 and 34 (the capital letters are his, not ours):

“IT IS IMPOSSIBLE TO FORESEE OR DEFINE THE EXTENT AND VARIETY OF NATIONAL EXIGENCIES, OR THE CORRESPONDENT EXTENT AND VARIETY OF THE MEANS WHICH MAY BE NECESSARY TO SATISFY THEM. The circumstances that endanger the safety of nations are infinite, and for this reason no constitutional shackles can wisely be imposed on the power to which the care of it is committed. This power ought to be coextensive with all the possible combinations of such circumstances… We must bear in mind that we are not to confine our view to the present period, but to look forward to remote futurity. Constitutions of civil government are not to be framed upon a calculation of existing exigencies, but upon a combination of these with the probable exigencies of ages… There ought to be a CAPACITY to provide for future contingencies as they may happen; and as these are illimitable in their nature, it is impossible safely to limit that capacity.”

These remarkable statements not only anticipate cyber-age threats no one could have dreamed of even 40 years ago, let alone 227 years ago; they also describe an argument about government power that is whipsawing American society today as we face the reality of NSA surveillance.

But that’s leaping ahead. Let’s start this series with a quick update to refresh the collective memory:

The Articles of Confederation adopted during the Revolutionary War by the Continental Congress established, as the name says, a confederacy: a league of friendship between sovereign political entities—in this case, the 13 states. The federal government, which consisted of a single-house Congress, did not impinge on the sovereignty of these states very much: it was authorized to handle foreign policy, national defense, disputes between states, interstate commerce, and legislating for new territories under U.S. control but not yet organized into states.

There was general concern that the states were headed for disputes that the weak federal government would not be able to resolve. Populist state governments were making zealous proclamations/warnings about maintaining their sovereignty, and it seemed increasingly likely that if the U.S. did face an external threat, like war with Britain or Spain, the federal government would be powerless to stop each individual state from going its own way—making separate peace treaties, or joining blocs of states that followed different policies, or refusing to pay federal taxes needed to levy an army in favor of prepping its own militia to defend its own borders and nothing else.

James Madison of Virginia and Alexander Hamilton of New York were the main leaders of a convention called to revise and edit the Articles of Confederation in the summer of 1787 in Philadelphia. The delegates to the convention met in secret, which worried many Americans, who were afraid they would make and pass substantial changes to the government without public input, and present the new Articles as a done deal after the fact. Those fears were realized in part when the delegates decided not to revise the Articles but to scrap them completely and write a new document. But fears that the new document would be railroaded through were not realized.

This is one of the amazing facts about the Constitution: the finished document was not referred back to the existing Congress for approval (many Americans think that members of Congress met at the convention, but while some delegates were also members of Congress, most were not; they were specially appointed by their states to go to the convention). The new Constitution was also not sent to the state governments for ratification. Instead, the proposed Constitution was sent directly to special conventions set up in each state and made up of delegates elected directly by the people. The Founders’ faith in the people, and their dedication to creating a republic where the people ruled, was unprecedented in western history. As the first Federalist Paper put it:

“It has been frequently remarked, that it seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, whether societies of men are really capable or not, of establishing good government from reflection and choice, or whether they are forever destined to depend, for their political constitutions, on accident and force.”

In other words, the American people will decide what system of government they will have because they have earned that right, “by their conduct and example”. A people so devoted to liberty, as proved by their conduct in fighting the Revolutionary War, must be “capable of establishing good government from reflection and choice.”

And so the debates in the special conventions began, and the Anti-Federalists and Federalists began their writing campaign to instruct and sway the people. The Federalist Papers, as well as the many documents written by the Anti-Federalists (they have no one unifying name) were published in newspapers and broadsides from October 1787 through August 1788, as the state ratifying conventions met, to educate the people about the issues at stake so they could influence their state conventions. It was a remarkable campaign on both sides to impact a vote not with lies, scandal, rumors, or personal attacks, but with logic, reason, examples, and thoughtful questions. Passions ran high, to be sure, but the passion was for the truth, and the best form of government, not for personal or party gain.

We won’t address every issue canvassed during the campaign to ratify or reject the Constitution, but we will look at those which are most pertinent to us today, in our “remote futurity”, so that we can call upon the Founders once again to help us decide our important issues of good government.

Next time: the pros and cons of big government

National Emergencies, 1787 and 2019

As we face the prospect of a necessary legal battle over the emergency called by the president in order to fund some sort of border wall on our southern border, we are driven to many thoughts, most of them anguished. Will the courts and Congress fulfill their constitutionally defined roles, or will they allow the executive branch to rule this nation, creating a president who is above the law, and thus ending democracy in the United States?

We turn for hope to many sources, including our founding principles. We were reminded of one part of the Federalist debates, in which Anti-Federalists raised the question of how to put limits on the federal government’s authority. The Federalists were in favor of giving all three federal branches just about unlimited authority to respond to future crises–as long as they honored the Constitution. The Anti-Federalists rationally countered that unlimited authority is never a good idea.

The crux of the debate lay in the Federalist position, described by Alexander Hamilton in Federalist Papers #23 and #34, that since we cannot know what dangers the nation may face in 100 or 1,000 years, we simply cannot put literal constraints on the powers given to the federal branches to protect the nation. Hamilton saw a way to make this consonant with our Constitution.

We posted about this previously in a series on the HP; read on in this re-posting to see how, and to get eerie predictions about the future from both Hamilton and the HP.

 

Welcome to part 3 of our series on the Federalist debates; here we see how the men who supported the new constitution answered the Anti-Federalists’ concern that the strong federal government proposed by that document would degrade the republican virtue of American citizens by weakening local government, which they could take a more active, immediate role in. The Anti-Federalists made a passionate case that corruption would follow the distancing of government from the people, and challenged the Federalists to prove them wrong.

The Federalists replied by completely ignoring the whole argument as rearranging deck chairs on the Titanic. Their response focused on foreign policy and national security. A strong central government was absolutely essential to national security, they said—there’s no point worrying about domestic citizen virtue if the United States has been destroyed by a weak foreign policy and national defense. To survive in the world, the U.S. had to be able to negotiate treaties in good faith; other nations had to believe the U.S. would obey international law and live up to the terms of those treaties. For that to happen, the U.S. had to have a strong federal government that could make sure the states lived up to the terms of the treaties. Without this mechanism for good faith negotiating, the US would open itself to invasion and dissolution.

This was no imaginary scenario in 1787. Even as the Federalist debates raged, the US was in violation of its treaty with Britain ending the Revolutionary War. In that treaty, the U.S. had agreed to either return property seized from Loyalists during the war or reimburse those Loyalists for their losses. That was not happening, because state governments were not enforcing those terms, and that was the stated reason why Britain was not removing its army from the western frontier as it had promised to do. The U.S. had also signed a treaty with Spain promising to keep US citizens east of the Mississippi River, out of the lands that would one day be the Louisiana Purchase but were in 1787 Spanish territory. Americans were moving into the regions that would become the states of Mississippi, Tennessee, and Kentucky—pressing right up to the Spanish border, and clearly intending to cross it. That could provoke a war with Spain in the west, which could activate a war with Britain in the west as well, and both countries could sweep east and divide up the nascent US between them and that would be that.

We have to have a strong federal government, said the Federalists, to enforce international treaties, deal with foreign powers to avoid war, and to organize a national defense if war cannot be avoided. A strong central government protecting the states will deter other nations from attacking individual states to pull the U.S. apart piece by piece. Of course, the “government” itself wouldn’t fight a war: the government would have to raise a standing army.

This was political dynamite to many Americans in 1787. Getting the British standing army out of America had been a major war aim, and most Americans saw a standing army—an army maintained during peacetime—as a tool of tyranny. What government would resist using its army to keep the populace down, intimidate people, and prevent them from criticizing the government? And who would pay for it—the states? They were already maintaining their state militias; why add the expense of funding a national army? Why couldn’t the US fight any future war the way it fought the Revolutionary War, by sending states militia to join together in one army until the war was over, then to return to their states? When the Federalists added that the U.S. would also have to have a strong navy, the call only confirmed suspicions that these forces would be used to tyrannize over the people, not protect the nation.

The standing army and navy also represented another problem: clearly, to create and maintain these armed forces, the federal government would have to tax the states. The Federalists did not mince words here. They said that the federal government must not only tax the states, but have an unlimited power of taxation.

Remember that under the Articles of Confederation, the federal government could ask the states for money, but could not levy a tax the states were required to pay. Remember also from part 2 of our series that the Anti-Federalists had criticized the idea of the federal government ever levying a tax, and made only the small concession that if a war came up the federal government could ask the states for money to fight it (without a guarantee that the states would pay it; they would, in fact, most likely have refused to pay it, focusing instead on beefing up their individual state defenses/militias). If the Constitution was adopted, that would radically change to allow the federal government to enforce any tax it liked in the name of national security.

The Anti-Federalist writing under the name “Brutus” (we do not know who this was) stated in his/her 8th essay:

“These powers taken in connection, amount to this: that the general government have unlimited authority and control over all the wealth and all the force of the union. The advocates for this scheme, would favor the world with a new discovery, if they would show, what kind of freedom or independency is left to the state governments, when they cannot command any part of the property or of the force of the country, but at the will of the Congress.”

Alexander Hamilton, rather than dissemble, agreed heartily. Yes, he said, the federal government will have unlimited authority over the “force” of the union, and over its wealth when it comes to preserving that union. In Federalist Paper 23, he said that because we cannot predict the future, and know what threats we may face, we have to be ready to face anything, and that means being ready to pay anything (all capitals are his, not ours):

“These powers ought to exist without limitation, BECAUSE IT IS IMPOSSIBLE TO FORESEE OR DEFINE THE EXTENT AND VARIETY OF NATIONAL EXIGENCIES, OR THE CORRESPONDENT EXTENT AND VARIETY OF THE MEANS WHICH MAY BE NECESSARY TO SATISFY THEM. The circumstances that endanger the safety of nations are infinite, and for this reason no constitutional shackles can wisely be imposed on the power to which the care of it is committed. This power ought to be coextensive with all the possible combinations of such circumstances; and ought to be under the direction of the same councils which are appointed to preside over the common defense. … And unless it can be shown that the circumstances which may affect the public safety are reducible within certain determinate limits; unless the contrary of this position can be fairly and rationally disputed, it must be admitted, as a necessary consequence, that there can be no limitation of that authority which is to provide for the defense and protection of the community, in any matter essential to its efficacy that is, in any matter essential to the FORMATION, DIRECTION, or SUPPORT of the NATIONAL FORCES.”

If the threats we face as a nation are “infinite”, then our capacity to respond to those threats must also be infinite. You can’t say, We’ll allow the federal government to tax the states to raise $100K for national defense in 1788 because that’s how much we needed in 1787. You can’t even say, let’s double it to $200K just in case. You cannot ever put a limit on the power of the government to tax the states to defend the nation because then you run the risk that what you need is $700 million, and you only have $200K.

This seemed preposterous to most Americans. How could so unexpected a threat arise? What on earth was going to change to make such huge amounts necessary?

In Federalist Paper 34, Hamilton answered this by saying, I don’t know. Who knows? Who can know the future? Who can say what unimaginable threats might arise in 50 or 100 years? You have to remember, Hamilton said, that we are talking about how the US government will function not just in our lifetimes, but for hundreds or even thousands of years:

In pursuing this inquiry, we must bear in mind that we are not to confine our view to the present period, but to look forward to remote futurity. Constitutions of civil government are not to be framed upon a calculation of existing exigencies, but upon a combination of these with the probable exigencies of ages, according to the natural and tried course of human affairs. Nothing, therefore, can be more fallacious than to infer the extent of any power, proper to be lodged in the national government, from an estimate of its immediate necessities. There ought to be a CAPACITY to provide for future contingencies as they may happen; and as these are illimitable in their nature, it is impossible safely to limit that capacity. In framing a government for posterity as well as ourselves, we ought, in those provisions which are designed to be permanent, to calculate, not on temporary, but on permanent causes of expense.

That is, the federal government must have the “capacity” to expand its expenditures when necessary, with no set limits. You can’t limit the government of 2014 to a certain amount of taxation because that’s what worked in 1787; we know, Hamilton says, that what works in 1787 is not going to work in 2014—it just can’t. Change is constant, and we can’t handcuff the federal government by forcing it to remain in 1787 as time marches on. We also can’t force the federal government to beg the states to approve each and every change it needs to stay current, or risk the states refusing that approval.

This Federalist argument is very much alive today. The federal government has defended NSA surveillance on the basis of anticipating threats we can’t even imagine. Some Americans believe that national security should trump personal privacy and liberty; others argue that the federal government should have to justify its actions and expenses to the public. For some Americans, no expense is too much if it is spent to protect the nation from threats real or imagined; others demand oversight of national security expenditures. Hamilton was prescient in his understanding that the definition of “threat” could change beyond all rational expectation. Whether he was right in saying the federal government must have the freedom and power to meet those threats by any means necessary is still a question in the United States today.

The legacy of the Boston Tea Party

Part the last of our series on the Boston Tea Party considers its legacy in U.S. history, memory, and mind. With the rise of the Tea Party political party after the 2008 presidential election, this question of the meaning of the original act of protest is particularly important.

We’ve seen in this series that the original Tea Party (which was not called by that name, incidentally, until decades after the fact) sprang from a complicated and not very appealing tradition of using physical violence to achieve political goals. The governor of Massachusetts himself, Thomas Hutchinson, was forced to flee for his life with his wife and children in 1765 when a mob destroyed his home—literally ripping it to pieces—in protest of the Stamp Act.  The men of Boston who supported the Body of the People carried out many attacks on tea commissioner’s homes, families, and persons in the months before the  night of the Tea Party, attacks which we cannot approve of today. Using violence to get people to do what you want, especially in the name of justice, is the polar opposite of democracy, the representative democracy the U.S. is founded on. None of us would want to see mobs of people burning down the homes and businesses of people whose policies they didn’t approve of.

But we also see that patriot leaders in Boston realized that mob violence was not a long-term solution to Americans’ problems with British rule, and that it would not work as a political tool. Men like Samuel Adams and John Hancock knew that their goal—democratic self-rule—had to be based on civil political debate, freedom of conscience and speech, and rule of law. A war would have to be fought, perhaps, to gain independence, but after that rule of law must win the day.

That’s why the men who rallied the common people to protest were not the ones who ended up drafting the Declaration of Independence or the Constitution. John Adams, not Samuel Adams; Thomas Jefferson, not Paul Revere: the men who enshrined rule of law through representative democracy were ones untainted by association with violence (except for John Hancock, an exception which proves the rule). So we can think of the Tea Party as the last act of colonial mob violence before the inauguration of the era of American democracy.

Today the Tea Party has become a synonym for “no taxes”, but we have seen that the protest against the tea was not a protest against the principle of taxation. It was a protest against a) taxation without representation, and b) taxes levied simply to fund government, with no benefits accruing to the people being taxed. No one wants to pay taxes that go only to fund the office of tax collection. Taxes are meant to better society, to provide services to those who can’t afford them on their own, not to entrench the government’s power to tax. The men who organized the Tea Party, the men who carried out the destruction of the tea, the women who boycotted tea even when they considered it vital to their families’ health all did so to establish the ideal of taxation for the general welfare. Warping that democratic goal by saying that all of those people actually wanted no taxation, that they didn’t want their money going to anyone else no matter what, is a cynical and unacceptable lie.

Let’s remember the Tea Party as it was: a gauntlet thrown down to set in motion the necessary violence of a war for independence that would, if successful, create a society where violence had no part in politics, and taxation represented a bit of freedom and justice for all.

The Boston Tea Party: What happened?

Part 4 of our series on the Boston Tea Party examines the protest itself. We looked last time at the tradition of violence in Boston, which would lead us—and people at the time—to believe that the final protest against the tea waiting in Boston Harbor to be unloaded according to the terms of the Tea Act would be bloody. The people of Boston were exasperated by their battles with the British government over tea, and, as Thomas Jefferson said, “An exasperated people, who feel that they possess power, are not easily restrained within limits strictly regular.”

But the Tea Party itself was not violent. Here’s how it played out. Like our earlier posts, this one is deeply endebted to Benjamin Carp’s fantastic book Defiance of the Patriots: The Boston Tea Party and the Making of America (from which the Jefferson quote comes).

Patriot protesters had developed the habit of gathering at the Old South Meeting House in Boston, where they heard speeches by patriot leaders like Samuel Adams and John Hancock. They called themselves “the Body of the People”, and while they had no official power over the colonial legislature, they had become the real power in town. Their meetings were important for two reasons: first, they presented a powerful threat to the Loyalist governor, tax officials, and tea commissioners. Because the Body was not elected, the governor could not control it by dismissing its members. Second, the leaders of the Body realized that, if talk and diplomacy failed, the Body could continue to make public statements of diplomacy and non-violence while authorizing certain of its members to take bolder action on the side.

So the Body passed a resolution saying that “the use of Tea is improper and pernicious,” a relatively mild and impotent statement that they hoped official town meetings would honor and turn into law, thus putting pressure on Boston and the governor… while certain of its members cried out “informally” that they would haul the tea ships up from the Harbor to Boston Common and burn them right there [Carp 120]. Members of the Body cheered, but its prudent leaders did not record this sentiment in the official minutes.

Thus when the last political effort to get the tea sent back to England failed, the Body officially dropped the matter. The hundreds of men gathered in Old South heard the leaders officially abandon the attempt to turn back the tea. And then they began to melt away, slipping out the back exits into the night. Fifteen minutes later, the room was surprised by troops of Mohawks with axes.

Of course, these men had met amongst themselves beforehand to decide what course of action to take if the tea ships could not be turned away and sent out of the harbor. Since we cannot name many men with certainty as perpetrators of the Tea Party, it’s hard to get a lot of data on how they decided on throwing the tea into the harbor (since, as we saw, other protests were suggested, including burning the tea). But once the plan of boarding the ships and destroying the tea was hatched, things moved quickly. “They determined that it would take a few dozen men with knowledge of how to unload a ship, and so the men who signed on for the task included a mix of traders and craftsmen. Each man would disguise himself as an Indian and swear an oath of secrecy… Everyone agreed on the ground rules: no one would steal or vandalize any property except the tea itself, and not one would commit any violence or mayhem. If the destroyers worked quickly and efficiently, the job would only take two or three hours” [Carp 117].

As these men now gathered back at Old South, the Body tacitly approved what it knew was going to happen. One man remembered that the last thing he heard before heading for the wharf was  John Hancock shouting  “Let every man do what is right in his own eyes!”

Once at the ships, the men worked like professionals. The commissioners occupying each ship were identified and told to leave on peril of death. They did so. One Captain Bruce asked what the men were going to do. He was told the plan and ordered below decks with his men, and told they would not be harmed. They did so. [Carp 127] Then the “Mohawks” expertly hauled the tea out of the holds, working very quickly considering the huge weight of the tea chests. They knocked off the bindings, smashed the chests, and threw them overboard. Despite the allure of the tea, and the price it would bring in the morning, only two men attempted to steal any. They were instantly stripped of their clothes and beaten, and sent on their way.

The men made as little noise as possible. This was not the raucous rioting of Pope’s Day or the attacks on the tea commissioners’ homes. This was business, and it had to be done and done quickly before any soldiers discovered the men. It was imperative that the tea be destroyed, because if it was not it would be unloaded the next morning and it would be impossible to stop its distribution, and then Boston would be the town that let the Patriot cause down after the successful rejections and boycotts in New York and Philadelphia.

By 8:00 or 9:00 PM, the party was over. Everyone went home quietly and followed orders to turn out their pants cuffs and socks and shoes and sweep any tea leaves gathered there into the fireplace. In all, about 92,000 pounds of tea—over 46 tons—had been destroyed [Carp 139].

Reaction was swift. The Tea Party was a complete rejection of British rule. Anything less than a severe punishment would be condoning rebellion. That punishment came in the form of the Coercive Acts: the port of Boston was closed to commercial shipping, ruining its economy; Boston was to recompense the East India Company for the total value of the lost tea; the Massachusetts Government Act set in motion the destruction of the popularly elected General Court (all positions in the colonial government would now be appointed by the king); the Administration of Justice act moved trials of government officials to other colonies or to England; and the Quartering Act made housing British soldiers mandatory for all citizens.

Boston had been acting in concert with New York and Philadelphia, but it bore the brunt of the King’s wrath all on its own. It’s no surprise, then, that the Revolution was kindled in the hearth of Massachusetts. Next time, we’ll wrap the series up with reflections on the meaning and impact of the Tea Party today.

Next time: What does the Tea Party mean today?

The Boston Tea Party and the American tradition of violence

Part 3 of our series on the Boston Tea Party focuses on the protest that patriots eventually carried out against the 1773 Tea Act. The actual act of dumping the tea was, in its nonviolence, unusual in Boston history.

When you read about the events leading up to the Tea Party, you quickly become a little uncomfortable with the readiness of Bostonians to physically attack people and destroy their property as the first means to their ends. Violence was sanctioned in odd ways in colonial Boston. “Pope’s Day” was an annual holiday, observed on November 5th, during which boys roamed the city knocking on doors and asking for money; if denied, they broke all the windows in the house. In the evening, older boys and men carried effigies of Satan and the pope, the two groups heading from North and South End and celebrating their meeting in the center of town with an enormous fistfight; the winning group then took the losers’ effigies and burned them.

This kind of “playful” violence was all too easy to organize into political violence. Here are just a few examples, again from Benjamin Carp’s fantastic Defiance of the Patriots: The Boston Tea Party and the Making of America:

—August 1765: effigies of a British minister and an American stamp distributor (of the unpopular Stamp Act) were hung in the South End; at dusk the effigies were taken down by a crowd who then completely destroyed a building owned by the stamp distributor, went to the man’s house and threw rocks at the windows, broke in, and destroyed some furniture. When Governor Hutchinson tried to reason with the rioters, they threw bricks at him. The stamp distributor resigned the next day.

—June 1768: When smuggler John Hancock’s ship was held by authorities who suspected it carried smuggled goods, a group of over 300 Bostonians attacked the customs officers, throwing bricks and stones at them, and then went to the house of one officer and broke all the windows.

—March 1770: a group of men and boys were throwing rocks at British soldiers who were competing with them for jobs (many soldiers moonlighted to enhance their income); this turned into the Boston Massacre when the soldiers opened fire, afraid for their lives as the crowd grew in size and malice.

—November 1771: customs officials seize a boat carrying smuggled tea; another boat comes up alongside and thirty armed men attack the customs officials with clubs, swords, and guns. They forced the British captain into the hold, where he nearly died of his wounds, while they took the tea and left, wounded men lying on the decks of two boats.

—November 1773: a crowd gathered outside the house of a man who had a commission to sell tea from the EIC, shouting and beating down his gate. The commissioner yelled at them from an upper window to leave, and fired a shot. The mob shattered all the windows of the house and were only turned away from assaulting the owner by the pleas of some patriots that there were women in the house.

Tea commissioners were routinely summoned to public meetings by anonymous letters which threatened their lives as well as their jobs if they did not show up. Commissioners and others deemed hostile to the patriot cause were tarred and feathered—the “American torture.”

When the tea that the Tea Act mandated be sold in America arrived in November 1773, the governor knew he could not protect the men commissioned to receive and sell it from the people; those commissioners (one of them an elderly man) fled to the British Fort William on Castle Island in Boston Harbor, and there they stayed for many months after the Tea Party, justly feaful of their lives.

This willingness to use violence got mixed reviews from patriot leaders. Some felt it was justifiable because it was in protest of an unfair government. Others felt it gave the patriot cause a bad name, and attracted lowlifes who weren’t fighting for democracy. All knew it had to be carefully managed to keep it under control: at any moment a mob nominally in the service of colonial leaders could become a force that knew no loyalty and could not be controlled by anyone.

It is certainly unsettling for modern-day Americans to read about the tactics our ancestors were ready to use when they believed themselves to be crossed, in even a minor way. Mob violence is not something we condone today, and so much of the violence in colonial Boston seems to have been based not in righteous anger but in personal habit and popular tradition that it’s hard to see it as truly patriotic.

Patriot leaders like Samuel Adams knew they would have to keep violence out of their official platform,  disassociating the decisions of the General Court from the purveyors of mob violence. The Tea Party would be a triumph of this difficult position.

Next time: holding the Tea Party

The Boston Tea Party–why tea??

Happy New Year! We start 2019 by continuing with… the past! which is our thing. Moving on to part 2 of our series on the Boston Tea Party in which we ask, why tea? Why was this commodity so symbolic, the one which American patriots chose to make a political stand over?

 

Until the 1700s, tea was a luxury item, very expensive and looked on with a little suspicion. But  by 1765 tea trade represented 70-90% of the imports of the powerful British East India Company. For a very interesting description of the EIC, its role in the British government, and the debt that threatened to destroy it, all of which have a large role to play in the Boston Tea Party, see Benjamin’s Carp’s Defiance of the Patriots: The Boston Tea Party and the Making of America, an invaluable book to which this Truth v. Myth series is deeply indebted.

Tea came to the Americas legally, through the EIC, and illegally, through American smugglers. By the mid-1700s, the price was low enough to move tea from exotic luxury to daily drink, but it retained its mystique. Tea-drinking was the center of domestic rituals in households high and low, and owning all the accoutrements of tea-making and drinking was to have status—status that was recognized on both sides of the Atlantic. As Carp describes it,

“During the eighteenth century, tea became the drink of respectable British and colonial households everywhere. The wealthiest families adopted tea ceremonies first, giving tea immense cultural cachet. …tea was a regular family event. …The woman of the house oversaw the  making of tea and assigned a series of tasks and errands to other family members, bringing the family together under her direction. …Tea became a ritual of family solidarity, sustenance, and politeness. To master the tea ceremony was to announce your own virtue… The striving ‘middle class’ of tradesmen, professionals, and landowners couldn’t resist the chance to partake in this elite pastime. You didn’t have to have a hereditary title, or even be particularly wealthy, to sip respectably at the tea table. …tea had become a new necessity. Addictive, stimulating, lightweight, and easy to prepare, [tea] could conquer sleep and thereby make a person more productive: in this way tea was contributing to the growing empire’s economy.” [55-6]

We see, then, that tea was many things: it was classy; it was a shared experience; it was family togetherness; it was caffeine addiction; it was a way for people of all economic classes to show their respectability. Poor families drank tea to get them through the long work day and to show they, too, could appreciate the finer things. Middle-class families drank tea to show the rich that they were sophisticated, too. Wealthy families drank tea with expensive porcelain tea services from Europe or China itself (where the tea came from) and silver utensils to show that they were just as good as people in England, too. All this sophistication was important to Americans, who were always self-conscious about looking provincial in front of their cousins back in England. Americans wanted to show that they were just as good as English people, just as trendy, just as well-mannered.

Of course, there were naysayers. Pamphlets were published on the negative effect tea had on people’s morals, as they did whatever they had to do to pay for tea and the sugar that went with it, and basically sold their souls for fancy tea-sets. Doctors deplored spending money on something that had no nutritional value. Tea, like gin, was seen as a gateway drug to a life of laziness, vanity, vice, and immorality. Valuing any material thing so highly was bound to cause trouble.

On the political side, some Americans worried about contributing so much money to the East India Company. They knew about the Company’s track record in India, where the lives and economy of the native people were held in little regard. American suspicions about the EIC were confirmed in 1769, when a famine hit Bengal, India, which was controlled by the Company. Over 1 million Bengalis died of starvation, the EIC  refused to share its stockpiles of food, and actually raised taxes on the survivors to make up for lost revenue. “As Chatterji wrote, ‘People could die of starvation, but the collection of revenue didn’t stop.’ Warren Hastings, the new governor of Bengal in 1772, reported to London in chilling terms that revenue collection had been ‘violently kept up to its former standard.'” [Carp 11-12]

Such was the source of tea in America, and there were Americans who hesitated to put their own country in thrall to the EIC. (News of the famine and the EIC’s response to it would fan the flames of anti-tea rebellion during the 1773 protests against the Tea Act.) What would happen if America, too, became “enslaved” (as they put it at the time) to the Company? It was not as far-fetched a notion as it seemed. To pay off its mounting debts, which threatened the British government itself (because the government was heavily invested in the EIC and depended on its profits for a large part of its operating budget), the Company shipped more and more tea to the colonies. Europe and England had already had their markets saturated. Now tea rolled into America in ever-larger amounts, which brought the price down nicely for consumers, but also threatened American security because the option to purchase tea was seeming more and more like an obligation to do so. Ships that came into port carrying tea were legally required to unload that cargo—it was illegal to ship the tea back to England. It had to be sold. American commissioners, men who had signed contracts with the EIC to sell imported tea in America, were legally obligated to fulfill those contracts. If they failed to do so, the governor himself had to issue a clearance to send the tea back, but the governor would not do this without receiving clearance from the customhouse that said there was something wrong with the tea. If the tea was fine, there was no option but to unload it for the commissioners to sell. If the commissioners would not accept the tea, it was seized, along with the ship it came on—a ship usually owned by the commissioner himself. So men selling tea in America were in a bind: if they did not accept and sell the tea in America, they would lose their commission to sell tea in the future, lose their valuable ship, and lose the money they had spent to get the tea.

This smacked of coercion to many Americans. Did they really have no choice but to buy EIC tea? What would the Company do to them if they refused to buy the tea?

Granted, much, perhaps most tea for sale in America was illegally smuggled by traders unaffiliated with the EIC, men who had no commission from the British government to sell tea (legally, only the EIC was authorized to sell tea to the Americas). You didn’t have to buy Company tea. But as the Company fought for its life financially, a crackdown on smuggling began. Now Americans faced the prospect of being forced to turn in smugglers to the Company or being punished by the British government. They had to help the EIC maintain a monopoly on American tea sales, strengthening a company that had no respect for human life, as Americans saw it, and which would not hesitate to destroy America as it had destroyed Bengal if necessary. If the Company had a complete monopoly, what price might it begin to charge for tea, which was now seen as a necessity? What political power might it be given in America?

So we see why tea became the flashpoint for rebellion in America. When the 1767 Townshend Acts first put a tax on tea, it was seen as outrageous for a few reasons: a) tea was a necessity and raising the price through a tax would put it out of the reach of many; b) the Company was already making a good profit on tea; c) the new tea tax went to pay the customs officials who forced tea to be unloaded and sold in America.

Americans boycotted tea to protest the Townshend Acts. By now you realize what a huge move this was. Giving up tea was very difficult. It threatened the status of the rich and the energy of the poor. On the most basic level, the boycott led to caffeine-withdrawal headaches that confirmed peoples’ notion that tea was medicinal (since drinking tea again would soothe the headache). Given all this, it is telling that although smuggled tea was available, people did not drink it on principle. Violence escalated, and in 1768 Boston was occupied by British troops, whose presence led eventually to the 1770 Boston Massacre (more on violence in Boston in the next post).  The Townshend Acts were partially repealed, but the tax on tea remained because the EIC was sinking further into debt (in part because it had flooded every market for tea). It had 18 million pounds of unsold tea in its warehouses that it could not sell. And so the Tea Act of 1773 was introduced, on top of the existing tea tax, mandating that the surplus tea be shipped to America and sold at a steep discount. Americans who were trying to keep the tea boycott alive, who knew that many Americans were dying for a chance to return to tea-drinking, were furious. They knew that if the American market was flooded with extra-cheap tea Americans would not be able to resist it, the boycott would end, and the tea tax would be entrenched—the first, perhaps, of many harmful taxes that offered no services to the colonies but simply helped the British control them more tightly. America would be enslaved to the EIC after all.

Now it was paramount to overthrow this tea scheme. In the next post, we’ll see how protest began.

The Tea Party and a tradition of violence

What started the Boston Tea Party?

As we approach December 16, we approach the 245th anniversary of the Boston Tea Party. In honor of that round number, we thought we’d re-post our original Truth v. Myth series on this iconic American event.

 

Hello and welcome to our series on the Boston Tea Party. This event, like Washington crossing the Delaware or the winter at Valley Forge, is familiar to all Americans—or at least the name is. Most people are hard-pressed to come up with any details on what happened and why. Here we’ll go beyond the men dressed as Indians and the tea dumped in the harbor and the refusal to pay taxes to explain how events unfolded and we’ll start by showing that one of those three details is all wrong.

Throughout, we’ll be hugely indebted to Benjamin Carp’s fantastic, must-read for all Americans Defiance of the Patriots: The Boston Tea Party and the Making of America. If you are left wanting more after this series, buy that book and enjoy.

Let’s start, as we must, with taxes. We have all been told that British taxes on everyday American goods like paper, sugar, and tea were bitterly resented by colonists, who refused to pay them. This is an oversimplification and so, inevitably, it’s inaccurate. The issue was more complicated: after the huge expense of fighting the French and Indian War (aka the Seven Years’ War) against France both in Europe and in North America, Britain’s people were taxed to the hilt. They had helped pay for three wars against the Dutch from 1652-1674, as well as several wars with France, including the War of the Spanish Succession (Queen Anne’s War) and King George’s War between 1689 and 1748. By the end of the French and Indian War, Britons living in the British Isles could pay no more without wrecking the economic revolution developing in England at the time (the foundation of modern capitalism).

So the British turned to the Americans for help. The Americans had been the ones clamoring for Britain to put an end to the French and Indian threat on their doorstep, and they had made a lot of money selling supplies at hugely inflated prices to the British Army. Now Britain asked them to help pay up.

Most Americans supported this, with one caveat: they wished that they could have a say in how they were taxed—how much, and on what goods. But since they did not have representatives in Parliament, they could not have a say. American leaders had been petitioning formally and informally for reprentatives to Parliament for years to no avail. So after 1763, when the French and Indian War ended, Britain alone decided the tax rate and the goods to be taxed.

Most Americans would have gone along with this, at least for a while. But the real problem with the new taxation was this: the tax money went, in large part, to pay the salaries of British officials in America. That is, the tax money Americans paid did not a) get directly applied to the war debt; b) did not go to provide any services for Americans, but c) was used to pay the salaries of the royal governors, customs officials, and others.

Think of it this way: today we pay taxes to get services. Our taxes fund social programs like Medicare, Head Start, and others. We may not always like our tax rate, but at least we can say the money is coming back to the people in some important way. But in America in the 1760s, tax money just went to pay politicians. It would be like state taxes going to pay the governor’s salary, the salaries of state representatives, and city mayors, and nothing else—no services.

Worse, in colonial America a large portion of the new taxes went to pay one royal official in particular: the tax collector. So American tax money went to the tax collector who then had every incentive to demand strict enforcement of every tax, and to welcome new taxes.

This was the problem with taxes in post-war America. Americans had no say in how they were taxed, and their money went to enrich the government officials who collected taxes basically as salary.

In Massachusetts, there was a way to fight back. Massachusetts, unlike most of the other English colonies, was founded as an independent colony. It was not under the control of King or Parliament. It elected its own officials, from governor to colonial legislature. In the other colonies, the governor was appointed by the king and and people had no say. This royal governor often appointed members to the colonial legislature. This way, the governor could prevent the legislature from pursuing policies that negatively impacted the crown financially or politically. When Massachusetts was at last brought under direct royal control in 1691, it struck a unique deal: its governor would be appointed by the king, with no input from the people of the colony, but its legislature would remain popularly elected. And in Massachusetts, “popular” had real meaning. Almost every white male was a freeman, with voting rights. Property ownership was not a requirement. So the colony had a truly popular legislature, which took its responsibility of representing the interests of the people seriously. The Massachusetts legislature, called the General Court, would fight the royal governor and tax officials when they attempted to enforce the new tax on tea.

Thus, Massachusetts was particularly able to mount a defense against the post-war taxation, because its legislature actually represented the people. But they were not the only colonies to do so. New York and Pennsylvania launched vigorous anti-tax protests as well, as we’ll see, and criticized Massachusetts for not being radical enough—at least until the night of the Tea Party.

In the next post, we’ll look at the reasons why tea, of all the commodities that were taxed, became the hottest issue, and we’ll explain the customs rules that led Massachusetts men to decide that dumping the tea was necessary.

Next time: why tea?

Truth v Myth and the First Thanksgiving

It’s almost Thanksgiving, and what would it be like if the HP didn’t run its time-honored post on this American holiday, which debuted on November 15, 2010? Related is our short series on the NatGeo made-for-TV movie Saints and Strangers, in which we painstakingly debunk a pack of myths about the Pilgrims and the Americans they lived in relation to and dependence on. Enjoy, as you enjoy the holiday.

In honor of the season, we’re re-posting our classic Truth v. Myth post on Thanksgiving. This is the time of year when people take a moment to wonder about the Pilgrims: why were they so cruel to the Indians? The Thanksgiving celebration is marred by this concern. There are many reasons why it shouldn’t be. First, Thanksgiving has only been a holiday since 1863. It’s fitting that President Lincoln instituted this holiday during the Civil War to unite the U.S. in thanks for its blessings even in the midst of that terrible war. Here’s how he put it:

In the midst of a civil war of unequaled magnitude and severity, which has sometimes seemed to foreign States to invite and to provoke their aggression, peace has been preserved with all nations, order has been maintained, the laws have been respected and obeyed, and harmony has prevailed everywhere except in the theatre of military conflict; while that theatre has been greatly contracted by the advancing armies and navies of the Union.

—Britain and France have refused, in the end, to support the Confederacy, the U.S. itself is still intact and strong, and the U.S. Army and Navy are driving back the enemy.

Needful diversions of wealth and of strength from the fields of peaceful industry to the national defence, have not arrested the plough, the shuttle or the ship; the axe has enlarged the borders of our settlements, and the mines, as well of iron and coal as of the precious metals, have yielded even more abundantly than heretofore. Population has steadily increased, notwithstanding the waste that has been made in the camp, the siege and the battle-field; and the country, rejoicing in the consiousness of augmented strength and vigor, is permitted to expect continuance of years with large increase of freedom.

—The U.S. economy has not fallen apart for lack of slave-produced cotton, as the South had always predicted it would. Industry and agriculture are stronger than ever and the U.S. continues to expand.

No human counsel hath devised nor hath any mortal hand worked out these great things. They are the gracious gifts of the Most High God, who, while dealing with us in anger for our sins, hath nevertheless remembered mercy. It has seemed to me fit and proper that they should be solemnly, reverently and gratefully acknowledged as with one heart and one voice by the whole American People. I do therefore invite my fellow citizens in every part of the United States, and also those who are at sea and those who are sojourning in foreign lands, to set apart and observe the last Thursday of November next, as a day of Thanksgiving and Praise to our beneficent Father who dwelleth in the Heavens.

—God has punished the U.S. with this war for the sin of slavery, but is showing encouraging signs of his support for the U.S. war effort.

And I recommend to them that while offering up the ascriptions justly due to Him for such singular deliverances and blessings, they do also, with humble penitence for our national perverseness and disobedience, commend to His tender care all those who have become widows, orphans, mourners or sufferers in the lamentable civil strife in which we are unavoidably engaged, and fervently implore the interposition of the Almighty Hand to heal the wounds of the nation and to restore it as soon as may be consistent with the Divine purposes to the full enjoyment of peace, harmony, tranquillity and Union.

—While thanking God for his mercies to the U.S. so far, Americans should also offer up prayers asking for his care for all those who have lost someone in the war, and asking for his help in ending the war as quickly as possible.

So the First Thanksgiving was in November 1863 and inaugurated for a good cause. The first thanksgiving in what would become the U.S. was held in November 1621 and was merely the first of many, many days of thanksgiving observed by the Pilgrims and was not celebrated as an annual holiday at all. Let’s go back to the original article to learn the real story:

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The first Thanksgiving: it’s a hallowed phrase that, like “Washington crossing the Delaware“, “Don’t fire until you see the whites of their eyes” or “Damn the torpedoes!”, does not bring up many solid facts. Unfortunately, “the first Thanksgiving” is usually either completely debunked, with people saying no such thing ever happened, or used as a weapon against the Pilgrims—i.e., they had a lovely Thanksgiving with the Indians and then killed them all.

The truth about the first Thanksgiving is that it did happen, in the fall of 1621. The Pilgrims had landed in what is now Massachusetts the previous November—a terrible time to begin a colony. Their provisions were low, and it was too late to plant anything. It is another myth that they landed so late because they got lost. They had intended to land south of Long Island, New York and settle in what is now New Jersey, where it was warmer, but their ship was almost destroyed in a dangerous area just south of Cape Cod, and the captain turned back. They then had to crawl the ship down the Cape, looking for a suitable place to land. Long story short, they ended up in what is now Plymouth.

Most Americans know how so many of those first settlers died from starvation and disease over the winter, and how it was only by raiding Wampanoag food caches that the colony survived at all. By the spring, there were not many colonists left to plant food, but they dragged themselves out to do so. They had good luck, and help from the Wampanoags, who showed them planting techniques—potentially just to keep the Pilgrims from raiding their winter stores again. By November 1621, a very good harvest was in, and Governor William Bradford called for a day of thanksgiving.

The Pilgrims often had days of thanksgiving. In times of trouble, they had fasts, which were sacrifices given for God’s help. In celebration times, they had thanksgivings to thank God for helping them. So thanksgivings were a common part of Pilgrim life, and calling  for a thanksgiving to praise God for the harvest would not have been unusual, and would have been a day spent largely in church and at prayer.

So the men went out to shoot some “fowls” for the dinner, and perhaps they ran into some Wampanoags, or maybe a few Wampanoags were visting Plymouth, as they often did, and heard about the day of celebration. At any rate, here is the only—yes, the one and only—eyewitness description of what happened next:

“Our harvest being gotten in, our governor sent four men on fowling, that so we might after a special manner rejoice together after we had gathered the fruit of our labors.  They four in one day killed as much fowl as, with a little help beside, served the company almost a week.  At which time, amongst other recreations, we exercised our arms, many of the Indians coming amongst us, and among the rest their greatest king Massasoit, with some ninety men, whom for three days we entertained and feasted, and they went out and killed five deer, which they brought to the plantation and bestowed on our governor, and upon the captain and others.  And although it be not always so plentiful as it was at this time with us, yet by the goodness of God, we are so far from want that we often wish you partakers of our plenty.”

That’s Edward Winslow, writing about the thanksgiving in his journal of Pilgrim life called “Mourt’s Relation”, published in 1622. We see that Massasoit and 90 of his men arrived at some point, having heard about the feast, and the Pilgrims hosted them for three days, and had some rather Anglican sport firing their guns. Certainly the Wampanoags had a right to feel they should join in, since it was their help that had led to the good harvest. A one-day thanksgiving turned into three days of feasting and games.

And that was it. People often wonder why there wasn’t another thanksgiving the next year—we have seen that thanksgivings were not annual events, but came randomly when the people felt they were needed as a response to current events, and the idea of celebrating the harvest every year didn’t make sense to the Pilgrims. They had only held a thanksgiving for the first good harvest because it was a life-saving change from the previous fall. Once they were on their feet, they expected good harvests, and didn’t have to celebrate them. It was also against their Separatist beliefs to celebrate annual holidays—like the Puritans, they did not celebrate any holidays, not even Christmas. Holidays were a human invention that made some days better than others when God had made all days equally holy. So to hold a regular, annual harvest thanksgiving was not their way. When things were going well, Separatists and Puritans had days of thanksgiving. When things were going badly, they had days of fasting. None of them were annual holidays or cause for feasting (of course fast days weren’t, but even thanksgivings were mostly spent in church, with no special meal).

That one-time harvest thanksgiving was indeed a happy event, shared in equally by Pilgrim and Wampanoag. If only that first thanksgiving–an impromptu, bi-cultural celebration–had set the tone for the rest of the interactions between the English colonizers and the Indigenous peoples of North America. Since it did not, we can only think happily of the Thanksgiving called for by President Lincoln, who made an annual Thanksgiving a holiday in 1863

The hype around the Pilgrims’ first thanksgiving only began after 1863, when historians noted the tradition of impromptu thanksgivings in the 1600s and made an unwarranted and improper connection to the new holiday to make it seem less new and more traditionally American. Before then, their many days of thanksgiving and fasting were completely forgotten. The Pilgrims certainly weren’t the inspiration for the holiday we celebrate today—they were retroactively brought into that in the worst, most ironic way: after the Civil War, southerners resented Thanksgiving as a “Union” holiday celebrating U.S. victories in the war and so the focus was changed from fighting slavery to the Pilgrims… who supported slavery.

This year, spend Thanksgiving however you like, and share the truth about where the holiday really comes from—the depths of a terrible war fought for the greatest of causes. Let Thanksgiving inspire you to stand up for the founding principles of this nation and re-commit to upholding them in your own daily life of good times and bad.