Friday, January 1, 2016

Observations on the New Constitution, and on the Federal and State Conventions, Part III: History

Philosophy aside, Mercy Otis Warren’s Observations also provides evidence of its author’s abundant knowledge of European history. Considering the passion she displayed for that very topic as a child under the tutelage of Rev. Jonathan Russel, and in light of the trajectory her later career took, this should not come as much of a surprise. Warren’s 1805 publication, under her own name, of one of the first histories of the American Revolution, the pithily-titled History of the Rise, Progress, and Termination of the American Revolution, remains perhaps her most enduring legacy in the popular mindset. That being said, the manner in which Warren utilized various historical events, figures, or paradigms in the earlier Observations demonstrates a comprehension on her part of historical commonalities, trends, and patterns that remains impressive even in a modern context. Not merely seeking precedent to help buttress her own arguments, she seemed at least partially intent on sharing with her reading audience a perspective on the events on the era in which they lived that went beyond their everyday material circumstances and connected them and their struggles to broader, century-spanning trends.

Section six of Observations contains the first such attempt by Warren to explicate the larger historical pattern into which the events transpiring in the United States in the 1780s best fit. This she entered into in the midst of a discussion concerning the proposed constitution’s endorsement of a standing army. Long the horror of American Whigs, Warren likewise expressed her unequivocal dislike – “freedom revolts at the idea,” she wrote – and thereafter held forth on the train of abuses in which peacetime militaries had been historically involved. “Standing armies have been the nursery of vice and the bane of liberty,” she wrote, “From the Roman legions to the establishment of the artful Ximenes, and from the ruin of the Cortes of Spain, to the planting of the British cohorts in the capitals of America.” The Roman Legions to which she referred were undoubtedly those of the Empire rather than the Republic; the soldiers of the former eventually grew so powerful that they became the only constituency Roman authorities paid any heed to. Indeed, on several occasions the Roman military overthrew the reigning Emperor and either crowned one of their own number (as with Maximus Thrax in 235) or sold the office to the highest bidder (as with Didius Julianus in 193). The “artful Ximenes” was meanwhile likely a reference to Spanish Cardinal Francisco Jiménez de Cisneros (1436-1517), regent of Castile during the minority of future King of Spain Charles V (1500-1558). During his time as regent Jiménez ruled the Kingdom of Castile in a highly autocratic manner, and in preparation for the ascension of Charles to the throne ensured that the nobility was brought to heel, secured the seat of royal power in Madrid, and saw to the formation of a well-drilled standing army.

These preparations doubtless aided Charles when he was forced to confront a revolt led by the Castilian elites in 1520. The so-called “Revolt of the Comuneros” resulted from, among other things, the political instability that had plagued Castile since the death of Queen Isabella I (1451-1504), and the general “foreign-ness” of the young King Charles (who was born and raised in what is now Belgium, and did not even speak Castilian Spanish at the time he inherited the throne). The rebels, led by disenchanted members of the nobility and the clergy, eventually organized themselves into a self-styled “General Assembly of the Kingdom” and claimed Charles’ mentally-ill mother Joanna as their Queen. This semi-legitimate representative body was likely the “Cortes of Spain” Warren referred to in Observations. The insurrection was ultimately crushed and its leaders executed in 1521, thanks in no small part to the superior numbers of Charles’ army. This fact Warren was likely intent on highlighting in her criticism of the concept of a standing army; had not Jiménez taken pains to organize a peacetime military on behalf of the young King Charles, the Revolt of the Comuneros, and Spanish history in turn, might have followed a very different course.

From examples of the sins wrought by standing armies at various points in European history, Warren transitioned in section six of Observations to, “the planting of the British cohorts in the capitals of America.” This was no doubt intended to refer to the stationing of large numbers of British regular army personnel in the Americans colonies in the aftermath of the Seven Years War (1756-1763). In all some 10,000 troops remained in North America after hostilities came to an end in the early 1760s, for reasons that were both practical and politically expedient. Among the soldiers that had been sent to defend Britain’s North American possessions were something on the order of 1,500 officers, many of whom came from influential families that were well-connected to members of Parliament and government ministers. Putting these 1,500 men out of work at a stroke would thus have wrought unfortunate consequences for the administration responsible, and so it was deemed the more prudent course to keep them on station in America. Practically speaking, the presence of such a large force was thought to help ensure the security of colonial possessions acquired during the recent conflict (the sprawling hinterland of Quebec, for example), as well as ensure the safety of settler populations in frontier regions that abutted on territory still inhabited by Native tribes. The outbreak of Pontiac’s Rebellion in 1763, during which a confederation of tribes from the Great Lakes region who were dissatisfied with British policies in the newly acquired western territory initiated an insurrection that lasted for three years, seemed to validate official reasoning in very short order.

From the perspective of American colonists who did not live on the frontier, however, the presence of such large numbers of British troops in their homeland during a time of peace represented a threat to their personal and political liberties. As Warren pointed out in Observations, standing armies had been the source of much mischief over the course of European history from at least the era of Ancient Rome. In the absence of an enemy to fight, many concerned colonial citizens wondered, what was there to stop British soldiers from causing trouble, absconding with private property, or becoming a force in colonial politics? Could liberty be said to exist in Massachusetts, say, or Georgia, if the governors of these colonies could call upon a ready supply of soldiers as a means of enforcing unpopular, or even legally questionable, policies? This was a problem that Warren, and many of those among her reading audience, had confronted during her own lifetime. The presence of British troops in America in the 1760s had place a sizable financial burden on the British Parliament (£225,000 per year in the 1760s, equivalent to £29,000,000 in the 2010s), who in turn tried to pass the cost along to the colonies by levying taxes on, among other things, sugar, tea, glass, and paper. When British soldiers were order into Boston in 1768 in response to the protests that emerged in response to these taxes, it put in motion the sequence of events leading to the Boston Massacre in October, 1770. In addition to clashing with Enlightenment and republican philosophical theory, to which many among the American elite were sympathetic, the presence of a standing army in North America in the 1760s and 1770s directly and negatively impacted the lives of countless colonial citizens. Of this Warren sought to remind her audience, for it doubtless seemed to her that the nascent United States was preparing to take a step backwards.

    The aspect of the proposed constitution that gave Warren cause for concern was likely to be found in the latter half of Section Eight. Therein, authority was allocated to Congress, “To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States [,]” as well as, “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions [.]” While this might seem a rather innocuous stipulation to a 21st-century audience accustomed to the idea of the United States as a global military power, the implication of a provision like this was no doubt ample cause for concern for members of the Founding Generation. Though the Continental Army had been, during its existence in the late 1770s and early 1780s, an instrument of Congress not necessarily beholden to the governments of any of the states, it had been born of the necessity of war and essentially ceased to exist once peace was declared in 1783. What remained was a much-reduced force, 700 men organized into a single regiment, relegated to the defence of outposts on the young nation’s far western frontier. Though opposed by certain philosophical purists who believed any standing army at all was unacceptable, the formation of the First (and at the time only) American Regiment was deemed acceptable by a majority of delegates in Congress in 1784.

The clauses enshrined in Section Eight of the proposed constitution intended to define Congressional authority over the militia, however, could easily have been construed to fly in the face of this post-Revolutionary consensus surrounding the existence of a standing military. The Articles of Confederation, which the new national charter was intended to replace, granted no such authority to Congress, instead mandating in Article Six that the respective states maintain adequate militias themselves. To instead give Congress responsibility for organizing, arming, disciplining, and governing the militia was potentially tantamount to granting them control over an army of their own design, to be put to use at their own behest. As if to confirm this worry, the Constitution also stated explicitly that said militia could be commanded by Congress, “to execute the Laws of the Union,” and to, “suppress Insurrections [.]” Had not these been the same purposes to which the British attempted to put their own military in the 1760s and 1770s? If the United States of America was to be a representative republic, whereby the rights of the people were held to be of paramount importance, why the need for a mechanism of military coercion codified within the nation’s governing charter?

As Warren attempted to explain by an artful arrangement of historical examples, the dangers represented by a standing army were very real, and very well-established. Ancient Rome and Imperial Spain had fallen prey to political corruption and social repression because they had tolerated the existence of military establishments during times of peace, and British America had nearly met the same fate. Fortunately the citizens of the various American colonies had proven themselves unwilling to countenance the existence of an armed soldiery within their midst whose loyalty was to a far-distant monarch. The Revolution swept away this threat entirely, and though there remained an American military presence on the western verges of the young republic into the 1780s, it was, as aforementioned, much reduced compared to the strength of the Continental Army at its height. Warren and her Anti-Federalist cohorts no doubt considered this a great victory, and so the apparent desire of the Framers of the proposed constitution to place coercive military authority in the hands of Congress likely appeared as an unwelcome reverse. The Revolution had been waged to break the cycle of history, as Warren described it in Observations; why turn back? Why invite the risks that inevitably accompanied the existence of a standing army? Like many of the Anti-Federalist commentators, Warren’s criticisms of the United States Constitution evinced a notable sense of pride in the accomplishments of the Revolution, and a sense of abject disappointment that any among her countrymen were evidently so willing to cast those accomplishments aside. And as befitted her intellectual sensibilities, she expressed this disappointment through the lens of history and the lessons it had to impart.

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