Remembering a Classic Work of Constitutional History

November 2013 marks the centennial of Charles Beard’s An Economic Interpretation of the Constitution of the United States, arguably the most important book written on the United States Constitution other than the Federalist Papers. Few works of historical scholarship have ever so dramatically transformed the scholarly (if not the public) debate over the meaning of a major American event.

At the time of the publication of An Economic Interpretation, the Indiana-born Beard was a 39-year-old Associate Professor of Political Science at Columbia University, the school from which he had received his Ph.D. in 1904. As his title suggested, his new book argued that the framers of the United States Constitution of 1787 had been motivated, not exclusively by nationalistic or democratic concerns, but by the desire to protect the property rights of wealthy Americans, especially those (including themselves) who had invested in federal bonds and had speculated in western lands.

Prior to Beard’s work, most accounts of the drafting of the 1789 Constitution were highly celebratory, and the framers were almost universally lauded for their ability to put the public interest ahead of their personal priorities. Democratic political theory, rather than self-interest, was the animating force behind the document.

Beard’s book turned this argument on its head. As a result of his research, he concluded that the Constitution had been drafted by men who at best identified the national interest with their own economic interests. As he put it in the concluding chapter, “The members of the Philadelphia Convention which drafted the Constitution were, with few exceptions, immediately, directly, and personally interested in, and derived economic advantages from, the establishment of the new system. The Constitution was essentially an economic document based on the concept that the fundamental private rights of property are anterior to government and morally beyond the reach of popular majorities.” (p. 324)

The implications of this conclusion were apparent. The Constitution was a conservative, property-oriented document that was designed, not to expand democratic power, but to contain it. It was the democratic “excesses” of the period 1776-1787 that required a new constitution, not the deficiencies of the Articles of Confederation.

As Beard wrote in the book’s concluding paragraph, “The Constitution was not created by ‘the whole people,’ as the jurists have said; neither was it created by ‘the states,’ as southern nullifiers long contended; but it was the work of a consolidated group whose interests knew no state boundaries and were truly national in their scope.”

Most controversial of all was his claim, allegedly justified by the records of the United States Department of the Treasury, that a significant majority of the framers had invested in United States bonds during the Confederation period and thus had a personal reason to want to establish a strong federal government intent on establishing the security of such bonds. While many wealthy Americans opposed the ratification of the new constitution, their wealth, according to Beard, was concentrated in real, rather than personal, property and they were not heavily invested in the speculation of western lands.

Beard’s belief that the Constitution was the product of a clash between competing economic interest groups was an extension of the ideas advanced shortly after the turn of the century by University of Wisconsin historians Frederick Jackson Turner and Carl Becker. Although Turner’s published work focused primarily on the role of the “west” in American history, he encouraged has students to critically reexamine the founding period. Becker, in his History of Political Parties in the Province of New York, 1760-1776 (1909), argued that the American Revolution had been as much about who would rule at home as it was about home rule. In that sense, Beard’s work was a logical extension of Becker’s theory into the post-Revolutionary War era.

In his later books, especially An Economic Interpretation of Jeffersonian Democracy (1915) and The Rise of American Civilization (1927), Beard expanded this interpretation to the whole of pre-World War I American history.

The view of Beard and Becker and other like-minded historians that the history of the United States was primarily a story of class conflict came to be known as the progressive interpretation of American history. While this view never gained widespread acceptance among lawyers and the American public (which continued to prefer a more heroic account), it dominated the work of academic historians in the United States from the mid-1910’s until the end of the Second World War.

Beard’s interpretation of the Constitution was always controversial. The book was roundly denounced upon its publication by a wide array of public figures, including former U. S. President and future Chief Justice of the Supreme Court William Howard Taft. Moreover, not every academic student of the Constitution was convinced. Edward S. Corwin of Princeton University, the foremost constitutional scholar of the early twentieth century found Beard’s work excessively dominated by the theme of economic conflict and not sufficiently appreciative of the power of ideas. Many other critics labelled him a Marxist.

An Economic Interpretation’s influence began to wane after the Second World War. Beard himself had damaged his personal reputation a great deal by opposing United States entry into the war, even after the attack on Pearl Harbor. Moreover, in the Cold War era, the focus of academic writing in the field of American history shifted away from themes of class conflict to themes of consensus, and the progressive interpretation began to lose force. Moreover, a later group of historians, reviewing the records examined by Beard as well as other sources not available to him, argued persuasively that Beard had exaggerated the extent to which the investment in government bonds and land speculation differentiated those who supported the Constitution of 1787 from those who opposed it.

To many of his modern critics, Beard’s work seemed too narrowly ideological and insufficiently sensitive to the nuances of the past.

However, Beard’s larger argument–that the Constitution was a conservative document designed to rein in the more radical governmental ideas of the Confederation Period–was not necessarily contingent on proving the existence of naked self-interest on the part of the framers. Nor did one have to be some sort of Marxist or socialist to accept that premise. Moreover, in the preface to the 1935 republication of An Economic History (at a time when the progressive interpretation was in its heyday), Beard himself insisted that his primary purpose had been to emphasize that economic considerations were an important part of the backdrop to the drafting and ratification of the Constitution, a fact that had been ignored by previous constitutional historians, but is one that few contemporary historians would deny.

Although An Economic Interpretation is still in print, it is rarely read today. Graduate students in history departments and law schools learn about Charles Beard, but they do not read his classic works. (If they ever did. In 1935, Beard mused that his book might well be the most criticized and least read book on any aspect of American history.) Nevertheless, students of the constitutional history of the United States would disagree that the critical examination of our constitutional traditions is much more likely to advance the cause of constitutional government than to hinder it.

In the 21st century, most Americans continue to revere the drafting and ratification of the United States Constitution as though it were an event of religious significance. The character and motives of the Founders are accepted as noble and almost beyond critique, even while though we acknowledge that our government today is largely influenced by the lobbyist agents of the vested interests of the present. However, if you wince, or mentally insert quotation marks, when you hear someone talk about the Founding Fathers,you are keeping alive the tradition of Charles Beard and An Economic Interpretation of the Constitution.

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Lincoln and JFK

JFK and LincolnPBS documentary Lincoln@Gettysburg paints a vivid picture of Lincoln and those close to him in the days surrounding his oration at Gettysburg. Lincoln’s wife Mary Todd begged him not to leave for Gettysburg because their young son Tad was seriously ill. He went anyway. Lincoln’s valet, William Johnson, an African-American free man, accompanied Lincoln to Gettysburg and listened to Lincoln practice his speech that morning. Lincoln left Gettysburg with a fever and came down with smallpox. Johnson died weeks later from smallpox after caring for Lincoln. Lincoln chose the inscription “Citizen” on Johnson’s tombstone, and Johnson was buried at Arlington cemetery.

And, Lincoln knew that his speech, just ten sentences long, would be transmitted by telegraph and printed in newspapers across the nation. Lincoln, in those ten sentences, was reaching out to the people at the Gettysburg ceremony, but he was also reaching out to the nation. It was unusual for presidents to give this type of speech in those days, but Lincoln accepted the invitation to speak at Gettysburg. Lincoln, it could be said, was a (social) media genius.

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Lincoln’s Anti-Slavery Gettysburg Address

As Professor Mazzie has noted, today, November 19, 2013—the day that I am writing this—is the 150th anniversary of Abraham Lincoln’s brief but iconic Gettysburg Address. Rereading its text earlier today, I was reminded how committed the speech was to the cause of emancipation. Although most of the Union dead at Gettysburg were there to save the Union, not to abolish slavery, it was clear that the emancipation of African-American slaves was very much on Lincoln’s mind when he penned the famous words.

The references to slavery are admittedly somewhat oblique, and the word ‘slavery” is never used. However, the phrase “a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal,” which is prominently featured as the second half of the Address’ opening sentence, clearly refers to the famous, and then not yet fully realized, words of the slaveholder Thomas Jefferson’s Declaration of Independence. In the middle section of the work, Lincoln subtly indicates that the nation for which the Gettysburg dead made the final sacrifice was not the United States of 1860 reunited, but that unrealized nation of the Declaration, committed to liberty and equality.

Although the document famously ends with the hope that “that government of the people, by the people, for the people, shall not perish from the earth,” the more important phrase is the one that precedes it: “that this nation, under God, shall have a new birth of freedom” (emphasis added). The promise of the Gettysburg graveyard is not a reunited country, but a new country freed from slavery.

While it is true that Lincoln did not begin his term in office committed to the eradication of slavery, the events of the year and a half leading up to November 19, 1863, had transformed Lincoln from an opponent of the extension of slavery to a supporter of the eradication of the Peculiar Institution.

In April of 1862, Lincoln had convinced Congress to provide financial support to the four Union slave states (Missouri, Kentucky, Maryland, and Delaware) if they were willing to embrace gradual emancipation. The same month, Congress abolished slavery in the District of Columbia by compensating the slave owners and by offering support for those who were free to emigrate to the West Indies.

By mid-summer, he was already moving away from such modest anti-slavery gestures. In July, Lincoln informed his cabinet of his intention to issue an emancipation proclamation covering slaves in Confederate controlled areas once the Union achieved a significant military victory. Two month later, following the Battle of Antietam, he issued the preliminary Emancipation Proclamation (to take effect January 1, 1863). He again offered financial assistance to the Union slave states, but this time the funds could be used to facilitate either gradual or immediate emancipation.

No Confederate state surrendered in the final three months of 1862, so the Emancipation Proclamation took effect on January 1, and throughout the early months of 1863, the Union Army began to aggressively recruit black soldiers. African-American slaves in Missouri, Tennessee, and Maryland were giving the option of having their freedom purchased by the U.S. government, if they were willing to join the Union Army.

At the time that he delivered the Gettysburg Address in November, Lincoln had other plans underway to undermine slavery throughout the United States. On December 8, he issued his Proclamation of Amnesty and Reconstruction in which he offered amnesty to any Confederate who was willing to take an oath of loyalty to the United States, but only if he was willing to accept the emancipation of all slaves. In March, Arkansas unionists adopted a new state constitution, approved by Lincoln, which abolished slavery altogether. The following month, the Senate approved what would become the 13th Amendment.

Actual abolition of slavery throughout the United States would not come until December 1865, when the 13th Amendment became law, almost eight months after Lincoln’s assassination. However, as the Gettysburg Address revealed, by the end of 1863, Lincoln himself had begun to envision not just a reunited United States, but a new nation, freed once and for all of the curse of slavery.

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