Albert Gallatin's Views on
The Constitution & The Bill of Rights
Young America Experiments with Democracy
A product of the American Revolution, the Articles
of Confederation were the first attempt to provide the states with an
alliance against the threat of other countries. It gave us the necessary
government to survive the war but was failing by the mid 1780s. The
Articles placed the power with the state governments creating, in essence,
thirteen individual countries instead of one united nation. Alarm over
Shay's Rebellion, a tax revolt in western Massachusetts in 1786-87,
would help bring about the Philadelphia Convention.
The Philadelphia Convention began in the spring
of 1787 when delegates from twelve of the thirteen states met to revise
the Articles of Confederation. Over a period of five months these notable
gentlemen debated and created a new framework of government, that become
known as the Constitution of the United States. This Constitution
provided for a strong central government containing three branches:
a bicameral legislation (House of Representatives and Senate), an executive
(the President), and a judicial (the Supreme Court). With this centralization
of authority, the states could surely say they were united; for they
now had the power to create armies and navies, pay their debts, and
band together for mutual defense. The Constitution was signed in September
of 1787 and officially adopted in 1788.
However not everyone supported this position.
A growing faction of prominent citizens in America were concerned and
fearful of a strong central government; a government that might take
away their personal rights and liberties. Known as Anti-Federalists,
these men met and debated on how to improve the Constitution to allow
for more individual rights. The authors of the Constitution had provided
a system of amendments to allow for additions and modifications as the
country grew and situations changed. This system of amendments would
be put to use very quickly. The result of the Anti-Federalists efforts
was the creation of a series of amendments known as the Bill of Rights.
Enter Albert Gallatin
In August of 1788, Gallatin attended his first
political meeting held in Uniontown, Pennsylvania. The topic to be discussed
was the election of county representatives to the Harrisburg Meeting.
Pennsylvania was predominately Anti-federalist and had fought hard to
prevent the Constitution's adoption. However, once it was adopted, the
Anti-federalists planned to create amendments to make the federal document
less "objectionable." Gallatin, fond of frontier democracy, quickly
took up the Anti-federalist banner and was selected as one of the Fayette
County representatives to go to Harrisburg.
Gallatin showed his writing skills in Harrisburg,
creating several proposals and resolutions. His greatest ability, though,
was as an orator. In one speech he admitted to the fact that the Articles
of Confederation were weak, especially in granting power to the legislature;
but on the other hand, the Constitution was no better. Gallatin saw
the document as being dangerous due to loosely worded provisions which
could be abused by the executive or the legislature. He and his fellow
delegates put together proposals that were forwarded to the Federal
Congress. These Pennsylvania proposals along with several other states
were given to Congressman James Madison. Madison combined the proposals
into twelve amendments for ratification. Ten were adopted and became
known as the Bill of Rights.
Gallatin Makes Use of the Bill of Rights
Albert Gallatin became painfully aware of the
Constitution during his short stint as a U.S. Senator. Failing to meet
the nine year citizenship requirement to hold that office, Gallatin
returned to his frontier home to resume the life of a country gentleman.
Western Pennsylvania, at that time, was embroiled in the Whiskey Rebellion
and Gallatin could not sit idly by watching his neighbors sink deeper
into trouble. Under the First Amendment, the citizenry has the right
to peacefully assemble and to petition the government for a redress
of grievances. As part of the moderate faction of rebels, Gallatin took
full advantage of this amendment trying to prevent violence and get
the excise tax repealed. He attended most every meeting and served as
secretary at all but a few. Unfortunately, President George Washington
and Secretary of the Treasury Alexander Hamilton did not see the good
intent behind the moderates' actions to quell the rebellion. The aggravated
President invoked the Second Amendment when he federalized the militia
and sent a 13,000 man army west to break up the rebellion.
After the Whiskey Rebellion, Gallatin was elected
to the U.S. House of Representatives. During his three terms, Gallatin
assumed the role of party leader in the House which made him the target
of Federalist's rhetoric. The Federalists looked upon Gallatin and all
of foreign birth living in the United States as enemies to the country.
America in 1798 conducted an unofficial war with France known as the
Quasi-War. To protect the country, Congress passed a series of laws
called the Alien & Sedition Acts.. These raised the standards
for foreigners to become citizens and empowered the President to evict
foreigners and arrest citizens for misconduct or dangerous behavior.
Thomas Jefferson and James Madison thought that several of the acts
were aimed specifically at Gallatin. While the acts were being debated,
Gallatin spoke out against them declaring them unconstitutional. The
Federalist majority amended the rules in the House for speaking on a
question to further hinder Gallatin. This was one battle Gallatin was
going to lose. Fortunately the acts had a time limit of two years of
enforcement and Gallatin bided his time. The election of 1798 would
bring more Democratic-Republicans to the Congress and the Federalist
Party would slowly fade away.
Gallatin's Legacy
Although Albert Gallatin was originally opposed
to the United States Constitution, he used its very principals to help
create and support the addition of the Bill of Rights to protect individual
freedoms. Had it not been for men like Gallatin who saw the weaknesses
in this great document, our very rights would be much different today.
The Constitution of the United States and the Bill of Rights continue
to provide the basic freedoms of our democracy and a strong foundation
for this country's future.
Testing the Constitution: The
Whiskey Rebellion
Defining the Constitution: Secretary
of the Treasury
On line since December 16, 1997
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