'■ii-'-ytt^il^Wiii ■.^m -^r'^ Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/cletails/cu31924088426063 CORNELL UN(VEBSITY LIBRARY iiiiiiinni' IIIIIIIilUilllllllllllllllllllllllli:ilJllllil:l 3 1924 088 426 063 THE OP THE piTED' STATES, PKOM THEIR COLONIZATION THE END OF THE TWENTY-SIXTH CONGRESS, IN 1841. GEORGE TUCKER. n J0ttr VOL. I. PHILADELPHIA: J. B. LIPPINCOTT & CO. 1856. A.I in 1 CORIHELL UNIVERSITY LIBRARY^ Entered, according to the Act of Congress, in the year 1856, by GBOEGE TUCKER, in the Clerk's Office of the District Court of the United States for the Eastern District of Pennsylvania. PREFACE. Having felt the liveliest interest in the present Government of the United States, almost from the time of its commencement in 1789, I began, some six or seven years since, to prepare materials for its political history. I thought that suflScient time had then elapsed to enable the world to decide on the competency of the American people to self-government, and on the merits of their confederate republic. It could then be seen whether, in its relations with other States, its course was pacific, liberal, and just; and how far it could bear the burdens and hazards of war, when honorable peace was no longer attainable. The same retrospect might show us the consequences of those political dissensions from which no free people are exempt; teach us whether, in the party struggles for ascendency, the public welfare is sometimes sacrificed or overlooked ; whether, when such ascendency is once attained, individuals, as well of the minority as the majority, are still secure in their rights of conscience, of speech, of action, and of property. We might also see whether measures which were not unjust were also wise ; whether solid benefits have not been occasionally sacrificed to passion or prejudice, and small immediate (iii) av PREFACE. gains sufiered to prevail against great permanent advan- tages. Such are some of the objects of inquiry which give to history its dignity and utihty. These, and such as these, the author's efforts, however inadequate, will aim to elucidate in the following pages. To aid him in the execution of his work, it has been his good fortune to have a personal knowledge of many who bore a con- spicuous part in the Revolution, and of nearly all those who were the principal actors in the political dramas which succeeded. In seeking to profit by this advan- tage, he will endeavor to guard against those biases to which writers of contemporary history are exposed. He does not, indeed, claim to have been free from party pre- judices. Such indifference is neither attainable nor desirable. But now that time has cleared away the mists by which political objects were once enshrouded, he trusts that he shall be able to do substantial justice to all parties, and thus, as truth may require, commend what he may have once disparaged, and censure that which he once approved. The work, as now written, extends to General Harri- son's elevation to the Presidency, in 1841. This seemed to the author as far as he could prudently go — at least without obtaining some testimony from public sentiment of his fairness to his contemporaries. The succeeding volumes will be issued as rapidly as is consistent with a careful revision. Philadelphia, June 10th, 1856. CONTENTS. CHAPTER I. THEIR COLONIZATION. Pago Introduction :.... 21 Settlement of Virginia 22 John Smith 22 Pocahontas 23 Cultivation of Tobacco -. -,. 24 African Slaves introduced 24 First Legislative Assembly 24 Massacre of the English 25 Settlement of New England 26 Settlers arrive at Plymouth Rook 27 Settlement of Maryland 28 New Netherlands 28 First American Confederation 29 Questions of Boundary ., 29 Swedish Settlers 30 Virginia submits to Cromwell 30 Terms of Submission 31 Virginia chooses her Governors 32 Religions Persecution 33 Roger Williams 34 Religious Freedom 34 Settlement of the Carolinas 35 Witchcraft in New England 35 Albemarle Settlement 36 Locke's Scheme of Grovernment 37 Rights of the Aborigines 38 (V) Vl CONTENTS. Page Indian Wars and Massacres "" Course of Massachusetts after the Restoration 40 Massachusetts sends Commissioners to England 41 Claim of Massachusetts to Maine 42 Discontents in Virginia 4(5 Nathaniel Bacon 44 Bacon's Rebellion 45 James Town burnt 46 Character of Bacon - 47 Culpeper's Insurrection 47 New Netherlands captured by the Dutch 48 East and West Jersey 49 William Penn 50 Settlement of Pennsylvania 50 Penn founds Philadelphia 51 Andrew Andros , 52 Leisler's Insurrection 53 Population of the Colonies 54 Colleges 54 Proceedings of the Crown against the Colonies 55 Lord Corn bury 56 Unsuccessful Expedition ;.... 57 Cession of Nova Scotia and Annapolis 57 Six Nations 57 Colonial Disputes 57 The Carolinas become Royal Provinces 59 James Oglethorpe 59 Settlement of Georgia 60 Restrictions of Colonial Commerce 61 Navigation Law 62 Restrictions on Colonial Manufactures 63 Paper-money 64 Depreciation of Paper Currency 66 Predictions concerning the Colonies 67 Expedition against Louisburg 69 Conflicting claims of France and England 70 George Washington 71 Convention at Albany 72 Confederacy proposed 72 General Braddock 73 CONTENTS. VU Page War with France 73 Conquest of Canada 74 New Duties on Imports imposed 75 Stamp Act 76 Grenville's Eesolutions 77 Colonel Barre 78 Stamp Act opposed 79 Patrick Henry 79 James Otis 80 Congress at New York 80 William Pitt 81 Stamp Act repealed 82 Declaratory Act of Parliament 82 Charles Townshend 83 Riots in Boston 84 Duties partially repealed 85 Eegulators in North Carolina 86 Gaspe Sloop-of-war... 86 Tax on Tea opposed in the Colonies 87 Tea Destroyed in Boston 88 •Hutchinson's Letters 89 Dr. Franklin 90 General Congress proposed 91 Congress meets in Philadelphia 92 Position, Area, etc., of the Colonies 93 Population of the Colonies 96 Effects of Slavery 97 Points of similarity 99 Attachment to the Parent State 101 Love of Civil Freedom 102 CHAPTER II. DECLARATION OF INDEPENDENCE. Jnstructions to Delegates in Congress 103 Purpose of the British Ministry 104 Purpose of the Colonies « 105 Diversity of their views • 10° Congress meets at Carpenter's Hall 107 Vlll CONTENTS. Pago Each Colony has one Vote 108 Suffolk Kesolutions 109 Support of Boston by Congress 110 Joseph Galloway Ill His Plan of Accommodation 112 Congress suspends Imports and Exports , 113 Its Address to the King 114 Its Advice to the People of Boston 115 It sets forth the Rights of the Colonies 116 Obnoxious Acts of Parliament noticed 118 Articles of Voluntary Association 119 Address to the British People 120 Address to the People of Great Britain 121 Address to the United Colonies 122 Address to George the Third 123 Votes of Thanks 124 Address to the Canadians 125 Congress closes its session 126 Character of the first Congress 127 Massachusetts Legislature 128 Proceedings of Parliament , 128 Lord Chatham's Bill 129 Lord North's Conciliatory Resolutions 131 Policy of the Ministry 132 Burke's Plan of Conciliation 133 Hartley's Proposition 133 Blood first spilt at Lexington 134 British Soldiers resisted and repulsed , 135 Other Colonies aid Massachusetts 136 Capture of Ticonderoga and Crown Point 137 Proceedings of Congress 138 Washington Commander-in-chief 139 Appointment of other Generals ." 140 The first Issue of Paper-money 140 Declaration of the Causes of taking up arms 141 Arrival of British Forces at Boston 142 Battle of Bunker's Hill 143* Doctor Joseph Warren „ 144 Addresses by Congress 145 Georgia sends Delegates to Congress 145 CONTENTS. IX Page Lord North's Propositions rejected 146 Petition to Congress from Bermuda 147 Reprisals at sea ordered 147 Ships-of-war fitted out 148 Measures in the several Provinces 149 Lord Dunmore in Virginia 151 Royal Authority terminated in the Colonies 152 Proceedings in Parliament 153 Burke's Resolutions 154 Hessian Mercenaries 155 Invasion of Canada by the Colonists 156 Successes in Canada 157 Junction of Montgomery and Arnold 158 Death of Montgomery.. 158 Arnold at Quebec 159 Canada evacuated 160 Battle of Moore's Creek, in North Carolina 161 British repulsed at Charleston 162 Independence proposed in Congress 163 Mecklenburg Declaration 164 Evacuation of Boston 165 • Declaration of Independence 166 Independence discussed 167 Committee to draw the Declaration 171 The Declaration adopted by a majority 172 The final adoption unanimous 173 CHAPTER III. THE WAR OF INDEPENDENCE. Hovf the Declaration was received by the People 175 Washington's preparations 176 Arrival of the British Armament 177 Howe's Letter to Washington 178 Preparations for defence 179 Battle of Brooklyn 180 Retreat from Long Island 181 Overtures from Lord Howe 182 Conference of a Committee of Congress with Lord Howe 188 X COKTENTS. Page New York evacuated by Washington 184 Jealousies among the Troops of different States 186 Washington's representations to Congress 187 Longer enlistments authorised .'. 187 Skirmishes with the British 188 Action on the Brunx 189 Capture of Fort Washington 190 Fort Lee abandoned 191 General Lee captured by the British 191 Mifflin procures reinforcements 192 Washington's firmness in Adversity 193 Washington's powers enlarged by Congress.. 194 Capture of the Hessians at Trenton 195 Retreat from the Assanpink ; 196 Battle of Princeton 197 Death of General Mercer 197 Possession of New Jersey regained 198 Force on Lakes George and Champlain 199 Arnold on Lake Champlain 200 Sir Henry Clinton takes possession of Rhode Island..., 200 Paper-money begins to depreciate 201 Sir William Howe retreats to Staten Island 202 Capture of General Prescott 203 Howe embarks for the Chesapeake 203 Battle of Brandywine .* 204 Manoeuvres near Philadelphia ; 205 General Wayne surprised at Paoli 205 The British enter Philadelphia 206 Battle of Germantown 207 The British repulsed at Red Bank 208 Attack on Fort Mifflin 209 Burgoyne invades New York 210 Ticonderoga evacuated 211 Burgoyne's difficulties 212 Stark's victory at Bennington 213 Burgoyne retreats 214 He surrenders 215 Honors to General Gates 215 Winter Quarters at Valley Forge 216 Sufferings of the American army 216 Complaints against Washington 217 CONTENTS. XI Pago The Army and People support him 217 Conway's Cabal 218 Complaint by General Burgoyne 219 His remonstrance 220 Reply by Congress 220 Lord North's new Propositions 221 Friendly sentiments in France 222 Silas Deane 223 Envoys to France 223 Marquis De La Fayette 224 Articles of Confederation 225 Howe succeeded by Clinton 226 The Mischienza ^ 226 The British leave Philadelphia 227 Action at Monmouth Court-house 228 General Lee arrested 229 Arrival of the French fleet 230 Count D'Estaing and General Sullivan 231 Sullivan evacuates Newport 232 The Americans and French reconciled 233 Surprise of Colonel Baylor 234 Arrival of British Commissioners 235 Their Propositions 235 Answer to the Commissioners 237 Manifesto of the Commissioners 238 Massacre at Wyoming 239 George Rogers Clarke 239 Surprise of Hamilton at Detroit 240 Silas Deane 241 Georgia overrun by the British 242 Lincoln supersedes Howe in the South 243 Repulse of Lincoln at Stono Ferry 244 Invasion of Virginia by Mathews 245 Discontents in the Army 246 Incursion into Connecticut 247 Capture of Stony Point 248 General Lincoln and Count D'Estaing 249 The Americans and French repulsed at Charleston 250 Indian Country laid waste by Sullivan 251 Charleston invested '• 252 It capitulates 253 XU CONTENTS. Page Subjection of South Carolina 254 Battle of Camden 255 De Kalb 256 Sumter 256 Commissary-general 257 Supplies furnisted by Prance 258 Bank established in Philadelphia 258 The French and British Fleets 259 'Benedict Arnold 260 His Conspiracy 261 Major Andre 262 His Capture and Execution 263 Arnold's rewards .^ 265 Sergeant Champe 266 Battle of King's Mountain 267 Retaliation on Tories 268 Sumter and Marion 269 Battle of the Cowpens ' 270 Morgan's Retreat 271 Greene retreats from Cornwallis 272 Battle of Guilford 273 Invasion of Virginia under Leslie 274 -Mutiny of Pennsylvanians 275 . Mutiny suppressed 276 Attempt to Capture Arnold 277 Expedition of Phillips and Arnold 278 Lord Cornwallis arrives at Petersburg 279 La Fayette retreats to the Mountains 279 Tarleton at Charlottesville 280 La Fayette is joined by Wayne 281 He protects the Stores at Albemarle Old Court-house 281 The Military Force of the Americans 282 General Greene in South Carolina 283 Action at Hobkirk's HilL 284 Execution of Colonel Hayne 284 Battle of Eutaw 285 Arnold invades Connecticut 286 Washington marches to Virginia 286 Surrender of Cornwallis 287 Cessation of hostilitiel 288 Independence acknowledged 289 CONTENTS. Xlll CHAPTEE IV. THE FEDERAL CONSTITUTION. Page Negotiations for Peace 291 France unfriendly to some of the Claims of the United States 293 America negotiates separately 293 Franklin's skill as a Negotiator 295 Terms of the treaty with Great Britain 296 '^discontents of the army -. 297 Newburgh letters 298 Washingjpn interposes .' 299 Patriotic resolutions of the offieers 299 Report on the finances 300 Address to the States 301 Appeal to Rhode Island ;.. 303 Mutiny in Pennsylvania 304 Mutineers pardoned 305 Permanent seat of Congress 306 Congress removes from Philadelphia to Trenton 306 Unsettled western lands 307 Conflicting claims to these lands 308 Claims of Virginia opposed 309 Resolutions relative to these lands 310 Articles of Confederation ratified 311 Report in Congress on claims to public lands 312 These claims referred to a committee 313 Remonstrance of New Jersey 314 Cession by Virginia 315 Equestrian statue of Washington ' 317 Permanent seat of Congress 318 New York evacuated 319 Washington takes leave of the army 320 He resigns his commission to Congress 321 Reply of President Mifflin 321 clrregular attendance of members 322 New Constitutions of the States 323 Effects of paper currency 324 Government of the North-west Territory 326 /Exclusion of Slavery rejected 327 ' Commercial regulations proposed 328 'Treaties of commerce proposed 329 XIV CONTENTS. Page Principles of International Law proposed 329 Location and sale of western lands 331 Slavery inhibited in the North-west 332 ; Cession by Massachusetts 332 ! Monetary system of the United States 333 Report on Ways and Means 334 Regulations of commerce proposed to the States 335 Treaties with Indians and Prussia 336 Cession by Connecticut , 337 People of Vermont claim to be a separate State 338 Navigation of the Mississippi 339 Policy of Spain towards the United States 340 /Commercial difficulties among the States 341 Compact of Virginia and Maryland 342 General Convention at Annapolis proposed 348 Meeting at Annapolis 344 Address of the Annapolis Convention 344 Maine and Massachusetts 345 (Shay's insurrection....'. 346 The insurrection quelled , 347 G-eneral Convention called 348 It meets at Philadelphia, in September, 1787... 348 Motives to a new Constitution 349 Obstacles to a stronger government 350 Circumstances of encovfragement 351 Randolph's and Pinckney's propositions 352 Each State entitled to one vote in Congress 353 Election of Members of Congress 354 Ratio of Members in the Senate 355 Votes of the States in the Senate 356 Equality in the Senate resisted 357 Votes in the Senate discussed 358 G-rand committee appointed 359 Compromise among the States 361 [Representation for slaves discussed 362 iMutual jealousies of the States 364 The Executive branch of the Government 365 Election of the Executive 366 Choice by Electors 371 Powers of the Executive 372 Powers of Congress 373 CONTENTS. XV Page Miscellaneous provisions 374 [Views of Alexander Hamilton 375 Anti-republican sentiments then prevalent 376 Convention closes its session 377 — Reasons of Members for refusing to sign the Constitution 378 Proceedings of the former Congress 379 Ordinance for the North-west Territory 380 The States ratify the Constitution 381 Washington elected President 382 Termination of the old Congress 383 chaptee v. ■Washington's administration. FIRST TERM. '.Pleasing anticipations of the people 384 jExceptions to them 385 Washington's arrival at New York 386 His speech on the opening of Congress 387 Navigation of the Mississippi 388 Indians 389 Barbary powers .- 389 Specific and ad valorem duties 390 Protective duties 391 Impost duties 392 Protective duties 394 Titles of respect 395 Power of removal 396 Construction of Constitutions 402 Treasury department 403 Duty of the Secretary of the Treasury discussed 404 Amendments to the Constitution 405 Permanent Seat of Government ■. 407 .-Republican simplicity 408 Compensation of Members in the two Houses 409 Salaries of public officers 410 Washington's Cabinet 411 Appointment of Judges 411 President's speech to Congress..' 412 Exposition of the public finances 413 Funding of the Debt 414 Federal taxes 415 XVI CONTENTS. Page Rise in price of the public Securities 416 Discrimination among public creditors 416 •'Tolicy of funding the debt discussed 417 Speculations in public Securities 421 Assumption of State debts 422 Compromise on the Assumption 426 Policy of the Assumption considered ..;'', 428 •'Petition against negro slavery 431 Report of a committee on this subject 432 Ratification of the Constitution by Rhode Island 434 f Cession by North Carolina 435 ^ The policy of retaliation discussed 436 Tonnage duties 440 Commercial retaliation again proposed 441 Naturalization 442 ^ Trade with Indians 442 Death of Dr. Franklin 443 Honors to his memory 443 Acts of Congress of this session 444 Congress adjourns ; 445 /'Political parties 445 Opposition to the Administration 446 Second session of Congress 446 The President's speech 446 Cession of Indian territory 447 Land office 448 Excise 448 Policy of an Excise discussed 449 _^ational Bank, its constitutionality and policy discussed 450 Construction of Constitutions 456 The Bank charter 457 /^Jeiferson's and Hamilton's opinions on the Bank question 457 Harmer's defeat 458 Kentucky and Vermont admitted into the Union 459 CHAPTER VI. Washington's administration. FIRST TERM. The President visits the Southern States 460 — General satisfaction with the Federal G-overnment 461 Returns of the first census ■ 461 CONTENTS. XVU Page Relations of the United States with England 462 Their Relations with Spain 463 Their Relations with France 464 Their Relations with the Indians '. 465 Appointment of foreign Ministers 466 State of parties in Congress 467- New apportionment of Members under the census 468 Debate on the Apportionment 469 The bill negatived by the President w 470 The President's objections considered 471 Defeat of General St. Clair 472 Addition to the Army 473 Report of the Secretary of the Treasury 473 His reports on Manufactures and the Mint 474 Devices on the Coin discussed 475 Act on the death or removal of the President 476 Letter from Louis XVI. to the President 477 Correspondence between Jefferson and Hammond 478 Dissensions in the Cabinet ; , 480 -e^Washington again unanimously elected President .....^ 481 Unpopularity of the Excise law '• 481 Proclamation of the President 482 General Wayne appointed to command the army 482 Massacre of the whites in St. Domingo 483 Many of the whites seek an asylum in the United States 483 Negotiations with Spain 484 „j-Origin of political parties 485. , Parties in the United States 487 -Jefferson and Hamilton, their discord 488 '"Washington attempts to reconcile them 489 He does justice to the merits of both '. 490 Gradual redemption of the debt proposed 492 Loan from the Bank 493 The Secretary of the Treasury assailed by Mr. Giles 495 Hamilton's reply to Giles's Resolutions 495 Giles offers another series of Resolutions 495 Debate on these Resolutions 496 Hamilton exculpated • 497 ,jGhange of votes in the House as to repaying the bank explained;.. 498 --The slave-trade and negro slavery 499 VOL. I. — 2 XVIU CONTENTS. Page The fugitive slave law made inoperative 500 Beview of the first Congress 501 Salutary influence of parties in the United States 502 CHAPTEE VII. WASHINGTON'S ADMINISTRATION. SECOND TERM. Cabinet consultation 505 Proclamation of Neutrality ' 507 Arrival of Genet 508 Conduct of Genet 509 Cabinet discussions 510 Relations with France 511 Correspondence with Genet 512 Case of "The Little Democrat" 514 - Relations with France 515 -^^Hamilton and Madison 516 Genet's recall demanded 517 Genet recalled 518 British Provision Order 519 Impressment of Seamen 520 Rights of Neutrals 521 Provision Order 522 Discussion in the Cabinet 523 The President's opening speech , 524 Message from the President 525 'Jefferson's Commercial report 526 Jefferson resigns 527 Commercial relations 528 Foreign Commerce of the United States 529 Commerce with Great Britain, etc 530 Restrictive policy discussed 581 Restrictive policy 532 Policy of a Navy 539 Embargo laid 542 Retaliatory measures proposed 543 Mission to England 544 Parties in the United States 645 Carriage tax -. 546 Complaints by the British Minister 547 Answer to Hammond's complaints 548 CONTENTS. XIX Page Accounts with the States adjusted 549 Consequences of the Assumption .' 550 Wayne defeats the Indians 551 Resistance to the Excise law 552 ! Proceedings of the malcontents 553 Militia ordered out 554 ,' Proceedings of the malcontents 555 "Proceedings of the insu^ents 556 Submission by the insurgents 557 i, Conditional amnesty granted 558 ' Causes of insubordination 559 The President's speech 560 i Self-created Societies 561 /Party discussions 562 ■ Self-created Societies 563 Thanks to Wayne and others 564 New taxes proposed 565 Direct t&xes 566 Treasury report 567 New Naturaliza.tion act -. 568 CHAPTER VIII. Washington's administration. SECOND TERM. The British Treaty 570 Objections to the Treaty 573 Conditional ratification 575 Randolph resigns 576 Changes in the Cabinet 577 Treaty with Spain 578 Presentation of the French flag 579 Address to the French Minister 580 Corrupt offer to the Members of Congress , 581 'Power of the House as to treaties 582 I President's reply to the House 583 iThe powers of the House discussed 584 Madison's speech on the Treaty 585 Madison's speech 586 The British Treaty discussed 587 Gallatin's speech 589 Fisher Ames 590 XX CONTENTS. Pago Ames's speech 591 Majority for the Treaty 592 Intercourse with the Indians 593 Price of the public Lands 594 Three frigates authorised 595 Tennessee admitted into the Union 596 Monroe succeeds Gouverneur Morris 597 Monroe in France * 598 His Correspondence 600 Complaints by the French Grovernment 602 Monroe defends the United States , 603 Monroe censured by his Government 604 Monroe and Pickering 605 Monroe and the Ministry of Franee 606 Monroe superseded by Pinckney 607 His adieu to the Directory 608 Adet's proclamation and complaints 609 Washington's Farewell Address 610 Presidential Election 611 Washington's last speech to Congress ; 612 Relations with France 614 Complaints by French Envoys 615 Mr. Pickering's reply 617 Additional Impost 618 Military Bill negatived by the President 619 Pickering's Eeport of injuries sustained from France 620 'Pacific policy of Washington reviewed 621 Effects of the Pennsylvania insurrection 623 Jefferson and Hamilton compared. 624 Washington's career 627 APPENDIX. No. I. Patrick Henry's Kesolutions on the Stamp Act 629 " II. The Declaration of Independence 631 " III. The Articles of Confederation 636 " IV. Ordinance for the government of the North-west Territory. 645 " V. The Constitution of the United States 652 " VI. Ratification of the Constitution by the several States 665 "VII. The settlement of Vermont 666 HISTORY OF THE UNITED STATES. CHAPTER I. THEIR COLONIZATION. In the beginning of the seventeenth century, while Europe was advancing with accelerated steps in that career of improvement which the art of printing, the revival of letters, and the discovery of America had united in opening to her, a few humble adventurers from England were laying the foundations on the eastern coast of the western continent for yet greater changes. They were unconsciously planting the seeds of a mighty empire, whose example and influence have already been felt in the greater part of Europe, and which bid fair to be felt in every part of the habitable globe. It cannot fail to be an object of interest to a liberal curiosity to trace the progress of these settlers in spreading civilization and free government over the western wil- derness; and, passing by inconsequential incidents, to note those circumstances of their condition, whether phy- sical or moral, which have mainly contributed to such memorable results. We may add, that an honest review (21) 22 SETTLEMENT OF VIRGINIA JOHN SMITH. of their political course, since they have taken rank among nations, may also prove instructive both to them- selves and the world. It will be the purpose of the author of the following pages to pass judgment, as well on individuals as on parties, with independence and candor — endeavoring to rise above contemporary preju- dices, and trusting to that love of truth and justice which, though inherent in the human heart, the passions of the day, unfortunately, too often overpower and extinguish.' After two abortive attempts by Sir Walter Raleigh to estabhsh a colony on what is now part of North Caro- lina, which was included in a liberal grant of territory made to him by Queen Elizabeth, and called by her Vir- ginia, another attempt was made in 1607, by a joint stock London company, under a charter from James the First, which proved more successful. The colony they sent out, consisting of a hundred and five men, settled on a small peninsula, on the north side of James River, about fifty miles above its mouth, at a place they called James Town. Of this settlement, having no intrinsic recom- mendations, some ruins yet remain, which, in the dearth of memorials of the past, are fondly cherished by the American antiquary. Among these first settlers was Captain John Smith, whose previous Ufe had been a series of bold and roman- tic adventures, and who, first, as a member of the Council, and then as its President, rendered more essential ser- vices to the colony than any of his associates. Yet it is ' In the synoptical view which this chapter presents of the first settle- ment and early progress of these States, I have been greatly indebted to Grabame's Colonial History ; to Mr. Hildreth's first three volumes ; and, above all, to Mr. Bancroft, who, in giving the result of his very copious researches, has exhibited an accuracy as rare as it is praise- worthy. I have always consulted the authority of these writers, when accessible, as they most frequently were. POCAHONTAS. 23 to an incident in his life while in Virginia, by its forcible appeal to human affections, that he is indebted for a wider celebrity than to all his deeds of wisdom or valor. Having been made a prisoner by the Indian chief Pow- hatan, he was saved from instant destruction by Poca- hontas, the young daughter of that chief This interest- ing female, whose fearless generosity has so often been the theme of panegyric with the historian and the poet, some years afterwards married Mr. Rolfe, an Englishman, and went with him to England, where she was treated as a princess, and where, during the few years she lived, she wore her honors with becoming grace. She has numerous descendants, among whom several of the most respect- able Virginians of the present day are proud to be num- bered. After three years. Smith's return to England was has- tened by an injury he received from an explosion of gunpowder. When restored to health, he made two ' This is Smith's own account of the transaction, in his letter intro- ducing Pocahontas to the Queen : " Some ten years ago, being in Virginia, and taken prisoner by the power of Powhatan, tbeir chief king, I received from this great savage exceeding great courtesy, especially from his son Nantaquans, the most manliest, comeliest, boldest spirit I ever saw in a savage, and his sister Pocahontas, the king's most dear and well-beloved daughter, being but a child of twelve or thirteen years of age, whose compassionate pitiful heart, of desperate estate, gave me much cause to respect her. I being the first Christian this proud king and his grim attendants ever saw, and thus enthralled in their barbarous power, I cannot say I felt the leastf occasion of want that was in the power of these my mortal foes to pre- vent, notwithstanding all their threats. After some six weeks falling amongst these savage courtiers, at the minute of my execution, she hazarded the beating, out her own brains to save mine, and not only that, but so prevailed with her father, that I was safely conducted to James Town." — (Smith's History of Virginia, Vol. I.) 24 TOBACCO SLAVES INTRODUCED. voyages to New England, of which he produced a map and description as he had done of Virginia. For six or eight years the early settlers — including the accessions they had received from England — were thinned in their numbers and disappointed in their hopes by disease, by the difficulty of obtaining subsistence, and by occasional collisions with the natives, who, however, in the maia, were neither formidable nor unfriendly. The industry of the colonists was, moreover, misapplied in unsuccessful attempts to manufacture salt, soap, and naval stores; to plant vineyards; and in the vain search after the precious metals, until they at length settled down on the cultivation of tobacco. This was found to be a profitable export to England, where its use for smoking had been greatly extended since its first intro- duction by Raleigh. It long continued the great, almost the sole staple of the colony; constituted its measure of value ; as well as its principal currency ; and was the subject of much useless, and some vicious legis- lation. The culture of tobacco was encouraged and increased by the introduction of negro slaves, first brought into Virginia by a Dutch ship in 1620. They increased slowly at first, but as there is a large expense of human labor in preparing tobacco for market, their number gradually augmented, so that sixty years after their first importation, it was deemed prudent to enact stringent laws to guard against their insurrection ; and •they finally amounted to near two-fifths of the whole population. In the summer of 1619 was organized a legislative assembly, the first on the western continent. It was modelled after that of the mother country; the king being represented by the governor of the colony; the house of peers by his council, and the house of commons MASSACRE OF THE ENGLISH. 25 by burgesses, of whom each borough^ hundred, or planta- tion chose two." As long as Powhatan lived, the Indians continued on friendly terms with the colonists ; but after his death in 1618, and when his brother Opechancanough had suc- ceeded to his authority, the temper of the natives under- went a great change ; and in 1622, they planned a gene- ral massacre of the English. The plot was revealed by an Indian who had been recently converted to Chris- tianity. Though most of the colonists thus had time to make hasty preparations for defence, no less than three himdred and forty-seven persons were surprised and butchered without regard to age or sex. The surviying colonists were computed to be less than two thousand. This disaster and its injurious consequences to the colonists, whose fears it excited, and whose vengeance it provoked, increased the dissensions of the proprietors in London, which had previously been very warm and bit- ter. Diflfering about the management of a settlement which had disappointed their hopes of gain, they were divided into a court and a country party. King James, who had sided with the court party, now ordered a writ of quo warranto against the Virginia company. Two new charters had been previously granted to the company, at their own instance, the last of which comprehended the Bermuda Islands. On the trial of the qiio warranto, ' Some historians state the number of boroughs which selected deputies to the first Assembly to have been seven, and others, eleven ; but the discrepancy is easily reconciled. At the meeting of the Assembly in June, only seven boroughs were represented, but, in the course of the same suinmer, four more were added, thus increasing the burgesses from fourteen to twenty-two. — See Hening's Stats, at large, which fur- nishes copious, as well as the most authentic materials for the early his- tory of Virginia. 26 SETTLEMENT OF NEW ENGLAND. judgment was given against the company, and its patent was cancelled. Virginia was now a royal province, and twelve years afterwards. Sir John Harvey, one of its governors ap- pointed by Charles the First, had rendered himself so obnoxious by his tyranny and rapacity, that he was sus- pended by the council, and sent over to England with two members of that body to prosecute his impeachment. The king, however, refused to inquire into his conduct, and forthwith reinstated him in his government. At the very time that James granted the southern part of the new territory called Virginia to a London com- pany, he made a similar grant of the northern part to another company, consisting of chief justice Popham, Sir Eerdinando Gorges and others, who were principally merchants of the towns of Plymouth, Bristol, and Exeter. The first settlement of this company was on the river Sagadahok, now Kennebec in Maine ; but it terminated the same year it began. The winter was a severe one, and the sufferings of the settlers from five months of ice and snow without intermission, together with a loss from fire, induced them to return home. To justify themselves ■with the proprietors, they pronounced the country to be unhealthfiil, and so intolerably cold as to be uninhabitable by EngUshmen. This region was afterwards visited by Captain Smith in a voyage which seems to have been prompted by his own spirit of adventure, though it was at the charge of others.' He surveyed its coasts and rivers with his wonted diligence, and called it " New England," to which name, on his return to England, he obtained the ' II. Smith, Hist., 175. SETTLERS ARRIVE AT PLYMOUTH ROCK. 27 sanction of the prince royal, afterwards Charles the Second.' He gave a very favorable account of the country, par- ticularly for the abundance of its fish, which he justly thought might prove as great a source of wealth to New England as it had proved to Holland. He made another voyage thither in the following year, in the employment of Sir Ferdinando Gorges and some London merchants. His purpose was to remain in the country and attempt to found a colony with only fourteen men and two boys. He set sail with two ves- sels ; was compelled to put back, from the crazy condi- tion of his own ship ; made another attempt in a bark of fifty tons ; but having been captured by the French, he never again reached New England ; and his purpose of planting a colony there was thus defeated. A successful attempt was, however, made soon after- wards, and the second permanent settlement by English- men in America was at Plymouth in Massachusetts. It was made by the sect called " Puritans," and they came directly from Leyden ia Holland, to which they had, some eleven or twelve years before, exiled themselves to escape the reUgious persecution they experienced in England. They reached Plymouth Rock in December, 1620, and their whole number, consisting of one hundred per- sons, came in a single ship, the Mayflower. The colonists had received no charter from the crown to exercise the powers of government ; nor had they at first even a right to the soil. But in the following year they obtained a grant of the adjoining lands from the Plymouth company, to whom James, in November, 1620, ' G-rahame is mistaken in supposing it was Charles with whom the name originated. — I. G-rahame, 158 ; II. Smith, 262. 28 SETTLEMENT OF MARTLANB — NEW NETHERLANDS. had maxie a grant of all the territory in North America between the' fortieth and fprty-eighth degrees, and reach- ing from the Atlantic to the Pacific — comprehending more than a million of square miles. This grant professed to be " for the planting, ruling, ordering, and governing New England in America; and imder it several distinct communities were soon after- wards formed. These were New Plymouth, already men- tioned ; Massachusetts, settled in 1629 ; Boston, in the succeeding year ; New Hampshire, about the same time ; Connecticut, in 1635 ; Rhode Isiand, in 1636 ; and New Haven in 1637. The last adopted the sacred Scriptures as the rule of their commonwealth. The gi'ant of Maryland, lying between the settlements of Virginia and New England, was made in 1632 to George Calvert, Lord Baltimore, and it was first settled by Catholics, to which sect the grantee belonged. This colony, by its charter, was to be perpetually exempted from English taxation, and by an early act of its legisla- ture, no preference was to be given to any Christian sect whatever. This was the first instance in America of re- ligious toleration formally recognized by the government. In the interval between the settlement of Virginia and that of New England, Henry Hudson, an EngUsh navi- gator in the service of the Dutch, in a voyage of discovery on the American coast, ascended the river which now bears his name ; and in a few years afterwards the Dutch settled New York, and part of New Jersey, called by them New Netherlands, which they claimed by right of dis- covery, and retained until it was, about half a century afterwards, conquered by the English. This Dutch settlement, as well as that of the French in Acadie (now Nova Scotia), became an object of jealousy and apprehension to the English colonies in the FIRST CONFEDERATION — QUESTIONS OF BOUNDARY. 29 North, afterwards called New England; and, for their greater security, four of those colonies — Plymouth, Mas- sachusetts, (to which New Hampshire had annexed her- self,) Connecticut and New Haven — entered into a league offensive and defensive, under the name of " the United Colonies of New England." Rhode Island was excluded from the confederacy, because she was considered to be a part of the colony of Plymouth ; ' and when, three years afterwards, some of her people applied for admission, they were told that they must first be incorporated with Pljmiouth ; but they refused to join the league on these terms. The provisions of this confederation — which thus early showed the propensity of distinct communities to form political imion — related only to a state of war ; to the relations of the Indians with its members ; and to the delivering up of fugitives from justice. In all other respects each colony retained its own jurisdiction and government. But on more than one occasion the mem- bers differed about the construction of the articles of union — each one, as is usual, insisting on that interpre- ■tation which best accorded with its interests.' In these new settlements questions of boimdary and jurisdiction were already of frequent recurrence. Besides the one mentioned between Plymouth and Rhode Island, the patents to John Mason of New Hampshire, and to Sir Ferdinando Gorges of a part of Maine, were fruitful of much controversy. England, moreover, asserting her exclusive right to the whole American coast from the forty-eighth to the thirty-first degree of north latitude, denied the right of the Dutch to make settlements in New York and New Jersey; and she contested with France the proper limits of Acadie. Virginia, in like ' I. Pitkin, 52. 30 SWEDISH SETTLERS — VIRGINIA SUBMITS. manner, disputed the grant of Maryland to Lord Balti- more, as inconsistent with her prior pateut. From that time almost to the present day, questions of boundary have given rise to serious and irritating controversy, both provincial and national. The Swedes also, by the advice and aid of their prince Gustavus Adolphus, had made a settlement on the west side of the Delaware river as early as 1627. They after- wards built several forts near that river, founded the little town of Christiana, called after their queen ; and the whole country from Cape Henlopen to the Falls of the Delaware, was named New Sweden. Of this country they retained possession until 1654, when it was wrested from them by the Dutch. During the civil war in England, which terminated in the death of Charles the First, and after the substitution of a commonwealth for the monarchy, the New England colonies, having been settled by Puritans, took sides with Cromwell ; while Virginia, where the Church of England was established, adhered to Charles, and afterwards to his son, while he was an exile in Holland. The attach- ment of the Virginians to the royal cause was augmented by the number of loyal cavaliers who fled thither during the troubles in England. About two years after the execution of Charles, the Parliament sent over a power- ful force to reduce Virginia and other rebellious colonies to obedience, and on the arrival of the fleet ofi" James Town, the colonists, headed by Sir William Berkeley, the Governor, prepared for resistance, but, after a short nego- tiation, the parties came to terms of liberal and amicable compromise. There seems to have been separate articles of capitu- lation agreed on by the three Parliament Commissioners with the Council of State, and by the same Commissioners TERMS OF SUBMISSION. 31 with the " Grand Assembly of Governor, Council and Burgesses." One set merely secured indemnity and in- dulgencies to the Governor and members of the Council. Of the other set, the first article, after acknowledging the subjection of " the plantation of Virginia" and its inhar bitants to the Commonwealth of England, declares that this submission was " a voluntary act, not forced nor con- strained by a conquest upon the country;" and that the inhabitants " shall have and enjoy such freedom and privileges as belong to the free-born people of England." The second article provides that the Grand Assembly shall " transact the affairs of Virginia" as formerly, doing nothing, however, contrary to the government of the Commonwealth of England and its laws. After some articles of minor importance, it is stipu- lated that the people of Virginia shall have as free trade as the people of England to all nations; shall enjoy privileges equal to those of the English plantations in America ; and shall be free from all taxes, customs, and impositions whatsoever, imposed without the consent of the Grand Assembly. These articles were signed and sealed by Commissioners on both sides on the twelfth of March, 1651. On the same day the Parliament's Commissioners executed a formal act of indemnity for all that had been done, written, or spoken by the inhabitants against the Parliament or Commonwealth of England; and they assign as their motive for this act the prevention of the ruin and destruction of their Commonwealth that would so probably follow its resistance to the forces of the Par- liament. The liberality of these terms of capitulation has been somewhat more extolled by historians than the occasion seems to justify. They were the natm-al result of the 61 VIRGINIA CHOOSES HER GOVERNORS. circumstances in which the parties were placed. The colonists, by persevering in a resistance which must finally prove unavailing, might injure themselves, but could not benefit the royal cause. On the other hand, the chief object of the expedition having been obtained, when the colonial authorities acknowledged submission and obedience to the existing government of England, the Commissioners of Parliament were not likely to abridge the liberties of a colony which was about to pass under the rule of their adherents j which course, more- over, would have been repugnant to their own most cherished political principles. That they were influenced by such considerations would appear from the fact that the same liberal terms then granted to Virginia, they had previously granted to Barbadoes, after it was subdued by the Parliamentary forces. Richard Bennett, one of the Parliament Commissioners, was then unanimously chosen Governor, by the House of Burgesses ; and they continued to appoint his succes- sors until the Restoration. On one of these successors, Matthews, they exercised the right of removal, and then re-elected him. They were so far reconciled to the change of dynasty in England that, on the death of Cromwell, the House of Burgesses unanimously acknowledged his son Richard as his successor. Yet, on learning Richard's resignation about the time of Governor Matthews's death, they elected Sir William Berkeley to succeed him ; and on his refusing to take office under an usurped authority, they acknow- ledged Charles the Second to be their lawful sovereign, and so proclaimed him. While these things were passing in Virginia, the people of New England, under the disadvantages of a harsher climate and less genial soil, were steadily in- RELIGIOUS PERSECUTIOlSr. 66 creasing in numbers and improving in condition. By means of their fisheries, and an active foreign commerce, prosecuted with the enterprise, industry and thrift which have ever characterized them, their population appears to have overtaken and passed that of Virginia at the time of its surrender to the authority of the Common- wealth, when it was computed to be twenty thousand.^ The English Puritans who migrated to America went exclusively to New England. Thus fed by new accessions, the puritanical spirit lost there none of its original vigor, and exhibited itself not merely in the fervor of its devotion, in its rigid self- denial, and in subtle theological controversy, but what is far less creditable, in rehgious persecution, as they them- selves had experienced the very species of injustice they inflicted. Thus those who had encountered the discom- forts of a wilderness and the horrors of Indian warfare to enjoy iminterrupted Uberty of conscience, were unwilUng ' Mr. Bancroft (Vol. I. p. 415) says the number of emigrants to New England before 1640 was estimated at twenty-one thousand two hun- dred. But it may be remarked that since of these immigrants by far the larger part were males, the number of births in this period was pro- bably less than that ofthe deaths, and, consequently, the whole popula- tion was less than the whole number of immigrants. This inference is confirmed by Mr. Bancroft's estimate of the New England population thirty-six years afterwards, which he puts down at only fifty-five thou- sand, and which is scarcely equal to the ordinary increase by natural multiplication. By reason of the disproportion of males in the early immigrations, and the pbanging ratio of natural multiplication, it would follow that the rate of increase would be at first very high ; would gradually diminish for a term, and then gradually increase, until it reached uniformity or near it. This varying ratio makes every estimate of the population of new colonies, founded on any census, preceding or subsequent, a prob- lem of diflEiculty and uncertainty j and helps to account for the perplexing discordance we meet with in this item of their statistics. VOL. I. — 3 34 ROGER WILLIAMS — RELIGIOUS FREEDOM. to grant that liberty to others. By this inconsistency Eoger Williams, a man of rare virtue and disinterestedness, but a zealot contending for greater religious freedom than was tolerated in Massachusetts, was compelled to leave that colony. It was then that he sought refuge in Rhode Island, where he founded the first settlement, which he called Providence. Anne Hutchinson, too, as distin- guished for eloquence as rehgious zeal, and who taught the antinomian doctrine, shared the same fate, with others of less note. The Quakers, likewise, who were not then the quiet sect they subsequently became, were required to leave Massachusetts on pain of death, which penalty several of them voluntarily incurred. It would seem that in this colony the same pride of opinion and inflexibihty of purpose which the Puritans had shown in bearing persecution they now exhibited in inflicting it ; and while the recollection of former persecutions induced the Cathohcs in Maryland, the Baptists in Rhode Island, and the Quakers in Pennsylvania to grant freedom of conscience to others, in Massachusetts, imder similar cir- cumstances, fanaticism overpowered the sense of justice. But in truth fellow-feeling for the suffering from perse- cution could avail little against the frantic bigotry of the Puritans, which infatuation, confounding all moral dis- tinctions, regards the most savage cruelty as innocent, and converts lenity and moderation into crime. In 1662, Charles the Second granted to a few favorite courtiers^ all the lands in North America from the thirty- sixth degree of north latitude to the river St. Matthieu, now the St. John's of Florida. But the patentees, dis- ' These were Lord Chancellor Clarendon, the Duke of Albemarle, for- merly General Monk, Lord Ashley, afterwards Lord Shaftesbury, Lord Craven, Lord Berkeley and his brother Sir William, Sir John Colleton, and Sir George Carteret. SETTLEMENT OF THE CAKOLINAS. 35 covering that some valuable lands were not included in their grant, obtauaed, two years later, a second charter for the lands lying between thirty-six and a half degrees and the twenty-ninth parallel, to which they gave the name of Carolina, and which comprehended the two States of that name and Georgia. The territory thus granted was not only included by the Spaniards within the limits of Florida, but a part of it was within the grant that had been made by Charles the First in 1630 to Sir Eobert Heath. The grant to Heath, having never been carried into execution, had been adjudged to be forfeited; and it was only the grants by Charles the Second which had permanent vitality. There had been two settlements of French Huguenots in South Carolina, a century before ; the first of which had been abandoned by the settlers in despair, after they had given to a fort there erected the name of Caroline, in honor of their sovereign Charles the Ninth ; and the second, having provoked the jealous bigotry of the Spaniards, its settlers were savagely butchered by them, without regard to age or sex. Early in the succeeding century two settlements had been made inwhat is now North Carolina, one on the Chowan near Albemarle Sound, under the auspices of Virginia, and the other by adventurers from New Eng- land to the south of Cape Fear River — both of which were in existence at the time of the Restoration. " Witchcraft being then fully credited in America as it was in Europe, afforded to the Puritans of New England frequent occasions of persecution.^ The first trials for ' Drayton's South Carolina, page 5. This writer considers it uncer- tain whether the name of his State was derived from Charles the Ninth of France, or Charles the Second of England. ^IIl. Grahame. 36 SETTLEMENT OF VIRGINIA. witclicraft were in Massachusetts, in 1645, when four persons were put to death.' The delusion was at its height in 1692. It seems to have been arrested by Wil- liam's negative of the colonial act against witchcraft. The proprietaries, soon after their first grant, adopted measures to make their transatlantic territory profitable. They contributed money to encourage immigration, and they undertook the government of the volunteer settle- ments on Chowan and Cape Pear, which were about two hundred miles apart, and separated yet more by an im- penetrable wilderness of forest and morass than by dis- tance. But the proprietors wisely made the first yoke of authority light. The settlers were left to their own brief and simple code, suited to their circumstances, and were required to pay a quit-rent of but a half-penny an acre.^' Of all the Anglo-American colonies, it is probable that the restraints of law and authority were never so httle felt as by the first settlers of North Carohna. The Virginia settlement — the oldest and most nu- merous — was called Albemarle, after one of the proprie- tors. Sir WiUiam Berkeley appointed William Drummond its Governor, who carried out the liberal poUcy of his employers. A legislative assembly was then estabhshed, the first in either Carolina, but there is no record of its acts since 1669. Drummond having returned to Vir- ginia, was succeeded in 1667 by Samuel Stevens. The Cape Fear settlement, though reinforced by emi- grants fi-om Barbadoes, under Yeamans, then made a baronet, did not thrive, and seems to have merged in the more successful colony of South Carolina. In no long time a better knowledge of this portion of ' II. Hildreth. ' Even this petty charge, on a complaint from the Albemarle settlers, was given up. — II. Grahame, 74. IMPRACTICAL SCHEME OF GOVERNMENT. 37 their province stimulated the cupidity and enlarged the views of the proprietors. To this end Shaftesisury applied to the celebrated John Locke for a plan of government. He accordingly prepared one which gave satisfaction to his employers, and was lauded by the public under the influence of Locke's reputation, but which proved utterly distasteful, and iU suited to those for whom it was made. The outlandish names of its functionaries — ■palatine, landgrave, and cacique — sounded strangely in their ears, and at once excited a prejudice against it. When examined more closely, it was found to have postponed the rights and interests of the people to its main purpose of strengtheniug and perpetuating the oUgarchical rule of the eight proprietors. Locke has always been held responsible for the failure of this political experiment, and it is likely enough that a mind however endowed with the powers of speculation, if also unversed iu the practical business of life, and in- experienced in state affairs, would not be competent to frame a wise plan of government ; yet the plan which he devised, being in accordance both with -the sentiments and interests of Shaftesbury, was probably as much the work of that scheming, gifted, and versatile statesman as of Locke. It was unhesitatingly rejected by the settlers of Albemarle, who preferred the simpler and freer consti- tution that had been first provided for them ; nor could the proprietary Governor ever prevail on them to adopt it. Li this disagreement between the proprietors and the people, much confusion ensued, and political changes, including a popular insurrection, followed in rapid suc- cession, until 1688, when, wearied out by the misrule of Lothiel the Governor, they seized him, and being about to send him to England to take his trial, he consented to be tried by the Assembly. He was accordingly thus 38 TEKATMENT OF THE ABORIGINES. tried ; was found guilty on every charge ; and deprived of his authority. The new constitution was carried iato operation in the Southern settlements, so far as the circumstances of the colony would permit. William Sayle, a colonel in the army, first formed a settlement at Port Royal, but it was soon afterwards removed to a site on the south side of Ashley River, which they called Charlestown, and which was for some years the capital of the Southern settlements in Carolina; but in 1679, a more eligible site was selected at the junction of Ashley and Cooper Rivers, which received the same name, since changed to Charles- ton, the present emporium of South CaroHna commerce.' The Southern settlement continued to advance, fos- tered as it was by the* Huguenots whom Charles sent over in 1679, for the purpose of making Avine, oil, and silk, but dissensions arising between the proprietors and the people, Locke's constitution was formally abrogated in 1693.^ In these royal grants of land no regard was had to the rights of the aborigines, their legitimate owners and actual possessors, so far as hunting tribes can be pos- sessed of land. Neither their previous consent nor sub- sequent ratification was asked. But it must not there- fore be inferred that they were unconscious of their rights, or insensible of the dangers which threatened their race from the superior power of the foreign in- truders. Far from it. Though disposed at first to wel- ' Drayton notices the mistake into which historians have commonly fallen in consequence of these early settlements having the same name. The first, which is distinguished as " Old Charlestown," is now part of a private plantation. — Drayton's So. Carol. 199. ' Fair summaries of this notable failure of speculative philosophy are given by Grahame, Hildreth,and Bancroft. INDIAN WARS AND MASSACRES. 39 come the white man as a friend, they soon saw that the extension of that race among them was inconsistent with their own safety, or even with their means of subsistence ; and more than once, in the infancy of the colonies, they aimed to exterminate the whites by a general massacre. One instance in 1622 has been already mentioned. A similar attempt was made in the same colony about twenty years later, when more than three hundred whites were suddenly cut off. In the wars which fol- lowed these massacres, the Indians were reduced to un- conditional submission. ■ After the increased number of the colonists made these schemes of extermination equally hazardous and hopeless, the Indians would still occasionally venture on war, with every prospect of defeat; consoling themselves with the expectation that if they could not obtain redress for their wrongs, they could at least partially avenge them. Their vengeance, too, always carried terror to the colonist, however brave, since it was aimed at the lives of his wife and children as much as his own. Besides the two wars in Virginia which had severally followed the massacres in that colony, the Indians had made war against the settlement in Connecticut in 1637; and in 1675 and 1676 king Philip's war was of much wider extent and longer duration. The colonists of Maryland also were, for a short season, in open hostili- ties with the Indians, about the year 1642. The course taken by Massachusetts after the Eestora- tion was very different from that pursued by Connecticut and Khode Island, and was followed by very different results. The news of that event was received by Rhode Island with the liveliest demonstrations of joy, that were probably, in the main, sincere, from her unfriendly feel- ings towards Massachusetts, which had so warmly 40 COURSE OF MASSACHUSETTS. espoused the cause of Cromwell. The expression of loyalty by Connecticut, on that occasion, was more tem- perate. Both were doubtless somewhat influenced by policy, with a view to the favors for which they were about to sohcit the monarch. They both sent agents to Eng- land — Connecticut, Governor Winthrop, and Rhode Island, John Clarke' — to petition Charles for the re- newal of their charters. Their appUcations were suc- cessful, and the charters which those colonies then re- ceived were of so Hberal a character that they were found adapted to their circumstances respectively when they became sovereign republics; and they continued unchanged not only after the Revolution, but until some years after the adoption of the Federal Constitution. The conduct of Massachusetts, on the other hand, was Httle likely to find favor with Charles. The news of his restoration was brought over by two of the regicides, Whalley and Goffe, in July ; yet it was October before the Legislature, or General Court, was convened. The motion to address the King was then rejected, but it afterwards prevailed in December. The address was cold and formal as an effusion of loyalty, and exhibited rather a desire to vindicate themselves, especially for their treatment of the Quakers, than to declare their " Grahatne, in his Colonial History, having charged Clarke with mean and servile adulation to Charles on this occasion, the historian is in turn sharply reprehended by Mr. Bancroft. A literary controversy thus arose which is very fully stated by Mr. Josiah Quincy, who published in Phi- ladelphia a posthumous edition of Grahame's history. While the un- biassed reader will find nothing there to justify Grahame's censure of Clarke, who lived and died in the esteem of his countrymen, he will also acquit Grahame of wilful misrepresentation. He seems to be no other- wise blamable than in drawing inferences from the authorities he quotes which they do not fairly warrant. He partially corrects his first error in his revised edition. MASSACHUSETTS COMMISSIONERS. 41 attachment to the king. Evidently dictated more by prudence than affection, it could not impose upon Charles, who was at once sceptical of human sincerity, and jealous of the republican spirit which Massachusetts had even then manifested. With his wonted facility, however, he re- turned a gracious answer to the colonists, which so grati- fied them that a day of public thanksgiving was appointed by way of acknowledgment. But their hopes, thus raised, proved short-lived. Rumors soon reached them from England that schemes were on foot to abridge their com- merce as well,as that of the other colonies, and to de- prive them of some of their dearest political rights. A General Court was thereupon called in May 1661, when, finding that professions of loyalty and humility had no effect, they decided on a more manly course. In a solemn manifesto they defined the limits of their rightSj and their obedience to the parent state. They even asserted the right to defend their just claims by force of arms. Commissioners were appointed to carry this address to England. They were well received by the king, who readily consented to a confirmation of their charter, and an amnesty of all offences during the late suspension of royal authority, but, at the same time, he insisted on the rights of the Crown, and demanded a repeal of all laws which conflicted with those rights. He required that the colonists .should take the oath of allegiance — that justice should be administered in his name — an unconditional toleration of the Church of England — and the right of suffrage to every inhabitant possessing the requisite estate. By way of further strengthening the royal authority, Charles appointed Commissioners to hear and determine all complaints in the colony. These Commissioners accordingly proceeded to Massa- 42 CLAIM OF MASSACHUSETTS TO MAINE. chusetts, where they found themselves in a continual state of bickering and altercation with the Legislature and the people. Their authority, seldom appealed to, and often openly resisted, proved unavailing to the royal cause. Determining at length to carve out business for themselves, they repaired to New Hampshire, and there held a court to inquire into the title of Mason to that province, and of Gorges to Maine. But as Massachusetts, encouraged, as it is said, by the known favor of Cromwell, and the fact that Gorges was a loyalist, had asserted a claim to Maine, and had actually obtained possession of it, she was summoned before the Enghsh Commissioners, and required to surrender her claims to the province. Having passed judgment in favor of the claim of Mason's heirs to New Hampshire, and against the claim of Massachusetts to Maine, they organized governments in both. But Massachusetts still strenuously asserting her rights, the whole subject of controversy was referred by the parties to the decision of the Chief Justice of Eng- land, who decided that the claim of jurisdiction in New Hampshire, asserted by Mason's heirs, was invalid ; that the right reverted to the Crown ; but that the rights of Gorges were complete, both as to jurisdiction and soil. Massachusetts then purchased the rights of Gorges from his grandson and heir, for the sum of about six thousand dollars (twelve hundred and fifty pounds sterling), and thus secured a valid title. Charles was greatly offended at this purchase, since he had intended to make it himself, when he could spare the money, as a provision for his natural son, Monmouth. He openly rebuked the colo- nists for this intermeddling, and required them to give up the province on receiving the purchase-money ; but this they refused. A qvjO warranto was then sued out DISCONTENTS IN VIRGINIA. 43 against Massacliusetts, and judgment having been given against her, she, Uke New Hampshire, became a royal province. It deserves to be remarked that Maine was not incor- porated with Massachusetts, but was treated as a de- pendency — a sort of colony — so that the decision of the quo warranto was probably as acceptable to the people of Maine as it was offensive to Massachusetts. In Virginia, after the Restoration, there were great discontents among the people, caused by the large grants of land to court favorites ;' by the heavy impositions for keeping up forts; by the exorbitant fees to public officers ; by the very high pay to members of Assembly ; by the new restrictions on their foreign commerce, which, first imposed by Cromwell, had been continued by Charles ; and lastly, by the low price of tobacco. They therefore, in 1674, appointed three agents to apply to the king for redress, and to obtain for them a new charter that would afford them security agaiust their principal grievances. The petition of those agents having been referred to the Attorney-General and Solicitor-General, and those officers having made a favorable report, the king in coun- cil directed them to prepare a charter ia accordance with the petition and their report, which was accordingly done ; but before that instrument was perfected by the royal signature, events ha(^ taken place in Virginia which produced an entire change ia Charles's purpose. The discontents ia that colony having been aggravated in 1676 by hostilities of the neighboring Indians, while her agents in England were yet negotiating for a redress of grievances, the patience of the people was exhausted. ' By one of these grants the careless and prodigal Charles conferred the whole territory of Virginia for thirty-one years on Lords Culpeper and Arlington 44 NATHAITIEL BACON. Determining, therefore, to demand instant redress, they found a fit leader in Nathaniel Bacon, a yomig English- man of talents and address, who had studied law in the inns of coiu^; ; and though he had been but three years in Virginia, was, by reason of his accomplishments, and the influence of his connections in the colony, already made a member of the Council of State. On the ground of defending the country from the In- dians, he applied to Governor Berkeley for a commission to raise volunteers, which being evaded or refused. Bacon actually placed himself at the head of a force that he was able to recruit, and undertook an expedition against the hostile tribes. He and his party were then denounced by the Governor as rebels ; but the discontents of the people being thereby rather increased than lessened, the Governor, to appease them, dissolved the Assembly, and ordered a new election ; iu which Bacon, more popular than ever by his recent successes against the Indians, was elected a member. Proceeding then to James Town by water, he was captured by a government vessel, and while a prisoner, an amicable arrangement seems to have been entered into between Sir William Berkeley and himself.' It is of record that having appeared at the bar of the House of Burgesses, and on his knees, asked pardon for his " unlawful, mutinous, and rebellious practices," he was pardoned, and restored to his place in the CouncU. A few days afterwards, however, he secretly withdrew, and putting himself at the head of some four or five hundred men, indignant that he had not obtained the commission said to have been promised him, con- ducted them to the Assembly then in session. By their ' See a lively account of this rebellion in Hildreth, Vol. I. Chap. XV., which was written at the time by a member of the Virginia House of Burgesses. bacon's eebelliok. 45 clamors and threats they prevailed on that body to give Bacon the commission of general ; to pass an act of in- demnity in favor of him and his followers ; and even to obtain an " applausive letter" to the king from the Gover- nor, Council and Assembly. Sir William, having again dissolved the Assembly, and finding Bacon supported by the mass of the people, deemed it prudent to fly to Acco- mac County, on the eastern shore of the Chesapeake, ha-\=ing first by proclamation declared Bacon a rebel. Bacon, alleging that Sir William Berkeley had with- drawn himself from the government of the colony, called a convention of the people, which assembled on the third of August at the Middle Plantation (afterward Williams- burg), and they there issued a public declaration that the Governor having abandoned the government,^ they would adhere to General Bacon, and support him against any force that might be sent against him. They ratified this declaratipn by an oath, which was called the "oath of engagement," or fidelity to Bacon, which was also taken by a considerable portion of the colonists. He again marched against the Indians and defeated them with great slaughter, at a small stream which still bears his name, near Eichmond, the present seat of govern- ment. He then assumed the chief authority in the colony, and, uniting with five members of the Council, one of them his uncle, he called a new Assembly. Governor Berkeley had not been at first well received by the people of Accomac, but was at length able to re- cruit near one thousand men, by the promise of plunder, and returned with them to James Town. But Bacon, with a very inferior force, laid siege to the ' The doctrine of abdication, with its consequences, which was after- wards brought to bear against James the Second, seems to have been here foreshadowed by this transatlantic demagogue. 46 JAMES TOWN BURNT. place, and after a slight skirmish wit;h the Governor's followers, being about to obtain possession of it, Sir William re-embarked in the night, and returned to Acco- mac. The next morning Bacon entered the deserted town, consisting of some sixteen or eighteen houses, which he consigned to the flames, that they might not again afford shelter to the royalists. While he was pre- paring to follow the Governor to Accomac, he was attacked by a disease contracted in the sickly month of Septem- ber, in the marshy lands around James Town, and died in the County of Gloucester. His adherents, after his death, made a show of resistance for a while, but on overtures from the Governor, they at length surrendered ; and thus terminated what in the annals of Virginia has gone under the name of " Bacon's," or the " Grand Ke- bellion." The lives lost in this'*insurrection were chiefly the vic- tims of the law. There were no less than twenty-three executed, some of whom were tried by martial law, and some by the common law court. Berkeley's vindictive course was condemned in England' as well as Virginia. He had enjoyed a good reputation in the colony for more than thirty years, but ,was generally censured at last for his conduct in provoldng, in resisting, and in punishing this rising of the people. When the news of these popular commotions reached England, the king was no longer disposed to enlarge the privileges of a colony in which the royal authority was so little respected, and which had proved so inadequate to maintain itself. Two years afterwards he granted a new charter to Virginia, that was strictly conformable to the ' It is said that Charles, among whose faults cruelty could not be reckoned, remarked of Berkeley, " That old fool has taken away more lives in that naked country, than I for the murder of my father." CHARACTER OF BACON — CULPEPER'S INSURRECTION. 47 , petition of the Virginia agents in six of its least important items, but it was silent on the paramount questions of grants of land, and the imposition of taxes/ It has been common, of late years, for historians, under the natural bias of popular sympathies, to regard Bacon as an heroic asserter of the rights of the people, and a martyr to his patriotism. The evidence of his real mo- tives is indeed by no means clear. His professions were always patriotic ; and it is only his acts that give rise to doubts about his true character, which doubts seem to have been quite as great with his contemporaries as they can be with those who have succeeded him ; yet his hu- miliating acknowledgments in the presence of the Assem- bly are such as a brave man would scarcely have made, or having made, such as an honest man would not have disregarded. It therefore seems probable that he was actuated by the vulgar love of -power and popularity, and that, profiting by circumstances, he adroitly made the pubhc good the pretext for the attainment of his in- dividual purposes. Such had been the excitement in Virginia against the Indians, that the first Legislature which met after the insurrection enacted that Indians taken in war might be made slaves.' Bacon's rebellion was soon after followed by a similar rising in North Carolina, conducted by John Culpeper, a surveyor in the Albemarle settlement. He had so much confidence in the cause of the insurgents, that he went to England in their behalf. He was there tried for ' The terms of the charter may be seen in the appendix to the second volume of Burk's Hist, of Virginia. ^ The courts have, however, decided that no Indian brought into the province after 1692, nor the descendants of any Indian female so brought in, can be held in slavery. 48 NEW NETHERLANDS CAPTURED BY THE DUTCH. treason, and owed Ms acquittal to the influence and address of Lord Shaftesbury.^ Soon after the charters were granted to Connecticut and Rhode Island, Charles, prompted by his brother, the Duke of York, made war on the Dutch, who had bfeen seventy years ia close alhance with England, and who had shown great favor and kindness to Charles in his exile, but whom the English people now hated as their great commercial rivals no less than the Duke of York hated them for their religion. A secret expedition was sent against their colony of New Netherlands, which, thus sur- prised and unprepared, surrendered without resistance. It tlien received its present name of New York from the Duke. It was recaptured by Holland in 1673, but, in the following year, it was, by the treaty of peace, retro- ceded to England, as was Acadie to France. Some months before, the King, in anticipation of the conquest, and by virtue moreover of the prior claim which England had always asserted to the territory of the Dutch settlement, made a grant to^his brother of the ter- ritory between the Kennebec and St. Croix, to the East, and of all the country to the South-west, as far as Dela- ware, so as to comprehend the New Netherlands and a part of Connecticut, which showed that Charles was as regardless of the terms of his recent charter to that colony as he was of his obligations to the Dutch. The Duke immediately afterwards granted, to Lord Berkeley and Sir George Carteret that part of the New ' As William Drummond, who had been the Governor of the Albe- marle settlement, appears to have been the person of that name who was one of Bacon's followers, and who was tried and executed for the part he had taken in the " Kebellion," was his return to Virginia from Albe- marle connected with Bacon's schemes ; and could his example have influenced the insurrection of Culpeper ? EAST AND WEST JERSEY. 49 Netherlands which lies between the Hudson and the Delaware, and to which Carteret, who owned an estate in the Island of Jersey, and had been its Governor, gave the name of New Jersey. Berkeley, being in debt, assigned his undivided inte- rest to two of his creditors, Fenwick and Billings, who were Quakers; and, some disagreement arising between them, it was adjusted by the mediation of the celebrated William Penn. It is probable that Penn's agency on this occasion decided the destiny of his subsequent life. After the retrocession of New York in 1674, the Duke of York obtained a renewal of his patent, as doubts had been entertained about the validity of his first grant, in consequence of the New Netherlands being, at that time, in possession of the Dutch.' Two years afterwards New Jersey was di^dded between Sir George Carteret and Lord Berkeley's assigns — East Jersey, the best settled part, being allotted to Carteret — and West Jersey to Berkeley's assigns. Perth Amboy was the seat of government of East Jersey, and Burhng- ton of West Jersey. Carteret having ordered East Jersey to be sold to pay his debts, a sale was accordingly made in 1682, and it was purchased by William Penn and eleven others. It was subsequently agreed among them that each purchaser should take a partner, and to the twenty-four proprietors the Duke of York, always friendly to Penn, made a new grant of East Jersey though he had refused to make one to Berkeley. The first Governor appointed by the proprie- tors was Kobert Barclay, author of "The Apology." Both East and West Jersey continued proprietary governments 'It is said that, under the influence of the same legal question, Berke- ley applied to the Duke of York for the renewal of his grant, which re- quest he evaded. VOL. I. — 4 50 SETTLEMENT OF PENNSYLVANIA. till 1702, when they were surrendered by their respec- tive proprietors to Queen Anne. We come now to a settlement which, whether we look at the motive, the means, or the end of the founder, we must regard with unmingled satisfaction. William Perm, because at once better acquainted with the country on the Delaware, and more interested in it, by reason of the Quaker settlements in West Jersey, was desirous of there acquiring a territory, in which the members of that sect could find a safe asylum, and where he could carry into execution his religious and political principles, according to his own views. For this purpose, he applied to Charles for a grant of land on the Delaware, in con- sideration of a large sum (sixteen thousand pounds), which the government had long owed to his father. Ad- miral Penn. After much opposition from some of the courtiers, he succeeded in 1681, and obtained a patent for the lands west of the Delaware, comprehended be- tween three degrees of latitude and five of longitude, with the exception of a small portion cut ofi" from the south- east corner, constituting three counties on the Delaware, which the Duke of York wished to retain. This doma,in he proposed to call " Sylvania," but which Charles in- sisted on namiag Pennsylvania. Penn's charter was nearly the same as that of Maryland to Lord Baltimore. In the following year he obtained from the Duke of York a grant of the three counties which now constitute the State of Delaware. Penn set out for his new purchase the same year it was made, with two thousand English emigrants, and landed at Chester on the banks of the Delaware, on the twenty-seventh of October, and where he found that three thousand persons — Swedes, Finns,- and Dutch had already settled. PENN FOUNDS PHILADELPHIA. 51 He formed for his new colony a political constitution in which, true to his former professions, he recognized the most liberal ' principles of civil freedom and unre- stricted liberty of conscience. If, in carrjdng it into execution, it was sometimes found not practical, or failed of its purpose, we- must recollect that this will ever be the case with schemes of government devised by inexpe- rienced men. One of his first measures was to gain the good-will and confidence of the natives. At a conference with one of their principal tribes, under an elm, long on that account held in veneration by the colonists, he assured them of his pacific principles and intentions ; of his determina- tion to respect their rights, as original lords of the soil ; and to take posseesion of no lands without first obtain- ing the consent of the native owners. The next year he laid out the plan of a city, which he called Philadelphia, on ground piu-chased of the Swedish settlers, a few miles above the junction of the Schuylkill and Delaware rivers, and extending two miles from river to river. His original plan has been scrupulously adhered to, and under his benevolent and liberal institutions, it so increased, that though fifty years younger than some other colonial towns, it was much the largest in the Union at the formation of the Constitution, and so con- tinued until the beginning of the present century. Not more than a third of its population is now contained within the boundaries prescribed by its founder. The Duke of York, after all doubts of his title to New York were removed by Charles' second grant, appointed Andrew Andros, then a major in the army, governor of that province, and who proved, both by talents and dis- position, a fit instrument for his patron's arbitrary prin- ciples. The policy first pursued towards the people of 52 CONDUCT OF ANDROS. the province was, at first, liberal and conciliatory. In 1683 the provincial authorities made a charter of liber- ties for themselves, which received the sanction of their proprietary, the Duke; but after he became sovereign of England, as James the Second, he endeavored to de- prive the colony of the fruits of his concession. It seemed, indeed, to have been his settled purpose to bring all the colonies, including the proprietary govern- ments, under the immediate dependence on the Crown, to which end he appointed the Governor of New York (now Sir Andrew Andros") Captain-general over the colo. nies of Massachusetts, New Hampshire, Maine, Plymouth, Pemaqued, and Naragansett. Writs oiquo warranto, the safe and ready instruments of his injustice, were also issued against most of the charters yet in force. After judgment, on one of these writs, had been given against Massachusetts, others were issued against Rhode Island and Connecticut. The Assembly of the first, consider- ing resistance vain, surrendered its patent. Connecticut at first resisted, and though it evaded the surrender of its charter, by concealing it, as it is said, in a hollow oak, its Legislature finally submitted. Andros used all his power, legitimate and usurped, to make his administration odious and oppressive, but it was soon brought to a close by the Revolution in Eng- land, which placed WilHam and Mary on the throne. When the news of the deposition of James reached Boston, Andros and his secretary Randolph, equally odious, were seized and thrown into prison, and all the functions of government were then exercised by the colonists. Their measures afterwards received the sanc- tion of King William, who ordered Andros and Randolph to be sent to England, to be there tried for their offences. Connecticut and Rhode Island acted under their char- leisler's insurrection. 53 ters, as if they had never beeu rescinded ; and all New England was at once emancipated from the tyranny of the Stuarts. A similar spirit was manifested at the same time iu New York. Jacob Leisler took the lead on this occasion^ and having declared in favor of King William, and Nicholson the Governor, who had succeeded Andros, having fled, Leisler assumed the government, and con- tinued to discharge its functions until the arrival of Sloughter, who was appointed by William to succeed Nicholson. Even then, from a seeming unwillingness to give up his self-created power, Leisler openly resisted Sloughter's authority, and refused to surrender a fort except to an order under the king's hand. But Sloughter found no difficulty in taking possession of the govern- ment. Leisler was tried for high treason and executed. His estate, which had been forfeited, was subsequently restored to his son, in consideration of the father's fidelity to William. The king also made acknowledgments to Massachusetts for the course she had taken in his sup- port, but, at the same time, reinstated Andros as well as Nicholson in office. That politic prince seemed to think that as they had been faithful to the interests of the Crown, they might be excused for not respecting the rights of the colonies. Andros was appointed Governor of Virginia, and Nicholson of Maryland. Sir Andrew Andros, while Governor of Virginia, seems to have conducted himself with moderation. Perhaps he profited by the lesson he had learnt in Massachusetts, or, what is more probable, his altered -course may be attri- buted to the different characters of the two monarchs on whose favor he was dependent. His arbitrary measures in New England, which were approved and encouraged by James, would not have been tolerated by William. 54 POPULATION OF THE COLONIES. He exhibited great zeal in behalf of the agriculture and manufactures of his colony. He thus acquired popu- larity; and the only complaint urged against him by Beverley is, his insisting that the laws of England, whether made before or after the charter of Virginia, had a binding force in the colony.^ There had thus been, in the seventeenth century, twelve distinct English colonies established on the American coast. They differed widely in their pursuits and religion, and somewhat in their political and social institutions. Their united population at the end of the century was probably about two hundred and fifty thou- sand, which may be thus distributed : to the New Eng- land colonies, ninety thousand ; to those between New England and the Potomac, that is New York, East Jer- sey and West Jersey, Pennsylvania (including Delaware) and Maryland, eighty thousand; and to Virginia and the Carolinas, eighty thousand.^ Only two colleges had then been established in the colonies. These were Harvard College, in Cambridge, near Boston, in the year 1638, and the College of William and Mary m 1692, at Williamsburg in Virginia, which was soon afterwards made the seat of government. ' Beverley's Hist. 95. Of this man, represented as so odious and tyrannical by all the historians of New England, Burk, in his history of Virginia, thus speaks : " Sir Edmund Andros is represented to have been actuated in his administration by a sound judgment, and a liberal policy ; to have been exact, diligeot, and methodical in the management of business ; of a conciliatory deportment, and of great generosity." — n. Burk, p. 316. ' This estimate, compared with the ascertained numbers in 1790, sup- poses, for the aggregate population, an average duplication in twenty-two and a quarter years — a rate of increase doubtless too great for the latter part of the term, but less than that of the first part, when the population was estimated by some contemporary notices, to double in twenty years. PROCEEDINGS AGAINST THE COLONIES. 55 From this period until the disputes with the mother country, which ended in their separation, the colonies continued to grow by immigration and natural multipli- cation together, which doubled their numbers in some twenty-two or twenty-three years. In this career of steady advancement their chief an- noyances were wars either with the Indians or the French settlements on this continent, and vexatious regulations of the mother country, dictated by a desire to secure more effectually their political dependence, and to prevent all rivalship in commerce and manufactures. They were thus brought into occasional collision with the colonial governors, both royal and proprietary. The most important of these controversies we shall, as we proceed, briefly notice. In 1 701 a bill was introduced into Parliament for uniting to the Crown all the charter governments of Massachusetts, New Hampshire, Rhode Island, Connecticut, the Jer- seys, Pennsylvania, Maryland and Carolina, and declariug their several charters void. But the agents of these colo- nies, in England, having been heard against the bill, it was defeated. One of the principal objections urged against those governments was, that from their increasing numbers and wealth, the colonies would, in a few years, throw off their allegiance to the parent country, and de- clare themselves " free states," if they were not checked in time by being made entirely subject to the Crown. We may fairly presume that the danger was then deemed slight or remote, when it was thus openly avowed, and when the proposed remedy was thus easily abandoned. In 1702 the separation of the Delaware Territories from Pennsylvania took place. They had been erected into a separate government in 1691, but were re-annexed in 1693. After they had a separate Legislature in 1702, 56 LORD CORNBURT. they were still nominally under the jurisdiction of the proprietary of Pennsylvania. In the same year Queen Anne, having accepted the surrender of East and West Jersey, appointed Lord Corn- bury^ the Governor of New Jersey and of New York. He was the grandson of Lord Clarendon, and conse- quently cousin-german to the Queen. This man, at once needy, rapacious and unscrupulous, was in a per- petual state of bickering and altercation with the Legis- lature of New Jersey, until they made such a representa- tion of his misrule to the Queen that she removed him — declaring that " she would not countenance her nearest relations in oppressing her people."^ On being super- seded he was placed under the custody of the Sheriff of New York, where he remained until, by his father's death, he became Earl of Clarendon. Before 1680 appeals from judicial decisions lay, in most of the colonies, to the legislative assemblies. But about that period, on a representation from Lord Cul- peper, Governor of Virginia, of a controversy between the two Houses of Assembly respecting such appeals, Charles abolished them, and ordered that thereafter they should be made to the king in council. These appeals to the king were afterwards resisted in some of the colonies, but were finally acquiesced in. Li the war which Queen Anne declared against France, both the New England colonies and the French settlements were again subject to mutual incursions. Li 1707, an unsuccessful attack was made on' Port Royal, the chief town in Acadie, by a force principally from Massachusetts and Rhode Island; and Massachusetts ' He had, however, been previously nominated by her predecessor, in consequence of the support he had received from Cornbury's father. ' Smith's History of New Jersey. ■UNSUCCESSFUL EXPEDITIONS. 57 was also invaded by the French. But two years after- wards, in another attack on Port Royal from the same two colonies, aided by troops from England, the town was taken, and received the name of Annapolis Royal. In the following year another joint expedition was un- dertaken against Quebec, to which all the colonies con- tributed their quotas of troops. This enterprise proved most disastrous. Eight of the transports were wrecked, and near a thousand persons perished ; upon which the fleet returned to England. In the treaty of Utrecht, which terminated the war, Acadie and Port Royal, since called Nova Scotia and Annapolis, were ceded to Eng- land. In the same war there was also an expedition against St. Augustine in Florida, from Carolina, which utterly failed. Another was afterward attempted by the Spaniards against South Carolina, in which the invaders met with a signal repulse, A general massacre of the people of North Carolina was attempted by the Tuscarora Indians in 1713, and one hundred and thirty-seven whites were destroyed in one night. Prompt aid having been afforded by South Carolina, the Indians were completely subdued. They soon afterward left the country, and uniting themselves with the Five Nations,' they have been since often called the "Six Nations." Most of the colonial legislatures had hitherto been in the habit of making liberal donations to their governors, and to grant them salaries for a single year. But it was now apprehended in England that this practice gave to the colonies a dangerous influence over the representa- tives of the royal authority. They were therefore in- ' These were originally Iroquois, and consisted of Mohawks> Oneidas, Onondaguas, Cayugas, and Senecas. 58 COLONIAL DISPUTES. structed by the ministry of Queen Anne to receive no more presents, and to endeavor to obtain permanent salaries. But the same considerations which induced the government to abolish the practice, induced the colonies to maintain it. It was a subject of controversy between the govermnent and Massachusetts for nearly thirty years, during which time it was the theme of almost yearly altercation. The perseverance of the colony finally prevailed ; and the Governor, after being, for two or three successive years, allowed, on special ap- plications from the Legislature, to receive temporary grants, finally obtained a general permission to receive them. There had also been disputes, in the same colony, be- tween the Legislature and the Governor, as to the exclu- sive right of the General Court to appoint its own speaker, and to adjourn without requiring the concurrence of the Governor ; both of which points were decided in England against Massachusetts by an explanatory charter, which the colony reluctantly accepted. The treaty of Utrecht, which had given peace to France and England, had not also produced amity be- tween either those nations or their American colonies. The hostile incursions of Ladians on the New England settlements, after the cession of Acadie, was imputed by the colonists to the intrigues of the French, who were known to have great influence, through their mission- aries, with the Indian tribes. A prudent regard to the future, therefore, made it desirable to the English colo- nies, to obtain command of Lake Ontario, which lies be- tween New York and Canada. With this view Governor Burnet, of New York, erected a trading house at Oswego, on that lake. This naturally exciting the political and commer- THE CAROLINAS BECOME EOTAL PROVINCES. 59 cial jealousy of the Governor of Canada, he erected both a store-house and a fort on lake Ontario, in spite of the remonstrances of Burnet, who then in turn erected a fort at Oswego. The French, after meditating an attack on this fort, contented themselves with taking possession of Crown Point, and fortifying it, which measure gave them the entire command of Lake Champlain. Kemonstrances on both sides were all the effect then produced by these indications of mutual hostility. After a massacre of the whites in South Carolina by the Yemassee Indians, the people of that colony, more dissatisfied than ever with the proprietary government for not affording them adequate protection, determined to rid themselves of it ; and, with that view, proposed to the Governor to continue in authority in the name of the king ; but he refusing, they chose a governor of their own, elected a councU, and thus perfected a civil revolu- tion. Many of the proprietors acquiesced in the change, and, for a sum of money, surrendered aU their rights and interests to the Crown. Eleven years after the sur- render, the royal province was divided into North and South Carolina. In 1732, James Oglethorpe and others obtained a grant of the English territory south of Carolina, and ex- tending to the Pacific, for the purpose of establishing there a colony, which professed to be "an asylum for the destitute," and to which they gave the name of Georgia, after their sovereign George the Second. Early in the following year Oglethorpe arrived in his new do- main with one hundred and sixteen persons, and having laid out the town of Savannah, on the river of that name, he began the settlement of the last of the English colo- nies within the present limits of the United States, one hundred and twenty-six years after Virginia was settled. 60 SETTLEMENT OF GEOEGIA. He, like Penn, at once secured the good-will and confi- dence of the aborigines by an acknowledgment of their paramount right to the soil. The colony did not at first prosper, as some of its regulations tended more to repel settlers than to invite them. Yet, since one of the avowed objects of the set- tlement was to afford a place of refuge to the persecuted Protestants, many of those who dissented firom the esta- blished religion of their country, flocked thither; and among them, Moravians from Germany, and John Wes- ley with his brother from England. During the war with Spain which soon followed, Ogle- thorpe, who had been made a general, and placed at the head of the English troops sent to Georgia, undertook an expedition against Florida ; but it failed from causes un- foreseen and beyond his reach. Georgia, in turn, was invaded by a large Spanish force, but most of the in- vaders were killed or captured by Oglethorpe. With all his merits he was not popular with the colo- nists; and, in 1743, he returned to England to answer the accusations against him for misconduct in the expe- dition against Florida. He was honorably acquitted, and, remaining in England, he hved to a protracted old age. Oglethorpe belonged to a small class of the first English settlers in America, among whom John Smith, John Win- throp. Sir George Calvert and Wilham Penn' are most ' The character of William Penn has heen severely assailed hy an eminent living historian ; but, supposing the failings of ■which he speaks to have heen unquestionable, what can they weigh against the wisdom and beneficence displayed by Penn in founding the noble Commonwealth of Pennsylvania ? It scarcely becomes that great writer — for great he assuredly is — thus to search out the little vulnerable points which, in Penn's character, are like the heel of Achilles, and aim his shafts at the well-earned reputation of his illustrious countryman. RESTRICTIONS ON COLONIAL COMMERCE. 61 conspicuous — who present the fairest specimens of the English character in wise and bold enterprise, in con- stancy of purpose, and above all, in enlarged and untiring benevolence ; and whose invaluable services on this con- tinent, of which millions even now unconsciously partake the benefit, should go far to redeem the injustice done to our rights, interests, and fair fame by too many of their countrymen. At first slavery was not permitted in Georgia by its settlers ; but as it adjoined South Carolina, and had, like that province, a cHmate which was much better suited to the African, than to the white race, their purpose was defeated. Negro slaves were gradually introduced; and their labor proving profitable, the colony then first began to thrive. During these transactions in Georgia, South Carolina was harassed first by an insurrection of the negroes, in which twenty whites' lost their lives, and then by a fire, which completely destroyed Charlestown. In the progress of these twelve colonies their commer- cial relations with the mother country, as well as their political, had undergone considerable changes. At first the colonies were suffered to exercise the com- mon rights of Englishmen, and to trade with any country or nation they pleased. But in consequence -of the Vir- ginia company (the original patentees of that colony) sending their tobacco to Holland, the king in council put an end to this traffic — declaring that " a foreign trade is as inconsistent with the view in planting of Virginia, as with just policy or the honor of the State." Yet this prohibition was not strictly enforced, and to- bacco and other commodities were often sent directly ' These were partly colonists, and partly the European proprietors of a large warehouse, containing guns and ammunition. 62 NAVIGATIOK LAW. from Virginia to foreign countries.' These restrictions continuing to be evaded, in 1651 a law was passed which restricted the trade with the plantations, as well as with other parts of the world, to English-built ships, belong- ing to English subjects at home, or in the plantations, unless the articles were produced in the country owning the foreign ships. This navigation act began that much vaunted system of policy to which the commercial and naval greatness of England has been mainly attributed. In 1660 an end was put to the export trade with the colonies in ships of foreign nations, it being then enacted that tobacco, as well as the products of the West India Islands, should be carried only to England; and, three years later, a like restriction was imposed on the imports of all European commodities into the colonies, except salt for the fisheries, wines from Madeira and the Azores, and provisions fi^om Scotland for the plantations. The reasons expressly assigned for these commercial restraints were "to keep the colonies in a state of de- pendence upon England, and to afford further employ- ment and increase of English shipping and seamen, and vent of English woollens and other commodities." Here was first manifested that jealousy which would naturally arise between countries so fitted to be rivals in commerce. • This jealousy was in no long time extended to the trade of the colonies with one another. In 1672 a fur- ther restriction was imposed, when certain colonial pro- ' In Charles's instructions to Sir William Berkeley, aa Governor of Virginia, in 1639, the Grovernor was enjoined to prohibit any commerce of the colony with foreign nations; and, to secure the benefits of the colo- nial monopoly, the master of each vessel sailing from Virginia was re- quired to give bond to land his cargo in some part of the king's do- minions in Europe. — Chalmers' Annals. RESTRICTIONS ON COLONIAL MANUFACTURES. 63 ducts shipped from one colony to another, were subjected to duty. The people of Virginia complained of these acts, but their application for relief was disregarded. In Massachusetts and Rhode Island, however, the same acts were, for a long time, not enforced. These colonies maintained that the restrictions being contrary to their charters, were not binding. Yet the Legislature of Mas- sachusetts was induced, in 1678, to enforce them, by a law of the colony. The people of Carolina urged the same objection to these acts. That these and the like restrictions on the commerce of the colonies should be enforced, a Board of " Trade and Plantations" was established in 1696. The governors of the colonies were required to take an oath that they would see to the execution of the Navi- gation law, and as a further measure of precaution, the sanction of the king was required to the appointment of the proprietary govertiors. The list of colonial articles which could be exported nowhere but to England, was extended to every kind of naval stores, rice, masts, furs, &c. As the New England colonies carried on a lucrative traffic with the French, Spanish, and Dutch West Indies in fish, lumber, horses, &c., with the view of favoring the English Islands, heavy duties were laid on rum, sugar, and molasses imported from foreign colonies. But this law, so injurious to the commerce of New England, it was found impracticable to enforce. As soon as the colonies began to manufacture for themselves, as they did in time, this branch of industry also became an object of jealousy in England. In 1699 it was enacted that no wool, yarn, or woollen manufac- 64 PAPER-MONET. tures should be exported from any of the " English Plan- tations in America" to any foreign state. In 1719 Parliament declared that "the erection of manufactures in the colonies tended to lessen their de- pendence upon Great Britain ;" and in 1731 the Board of Trade was directed to inqmre into and report the laws made, manufactures set up, or trade carried on, detrimental to the trade, navigation, or manufactures of Great Britain. In the report then made by the Board, the manufactures of wool, flax, iron, paper, hats, and leather are mentioned as injurious to the mother country. These manufactures, they say, are chiefly in the colonies to the northward of Virginia, which having no staple commodities of their own, are more under the necessity of providing for themselves at home. As hats were extensively manufactured in America, from the abundance of furs jdelded by her forests, their exportation was prohibited in 1732, even from one colony to another ; and no hatter was allowed to have more than two apprentices at once, or to make hats unless he had served an apprenticeship of seven years. By another act in 1750 all mills or engines for slitting or rolling iron, or forges to work with a tilt-hammer, or furnaces for making steel were prohibited ; and to arm government with the summary process permitted in the abatement of nuisances, every such prohibited work was declared to be a common nuisance, and the colonial governors were required to abate it. The paper-money of the colonies also afibrded occa- sions for the Parliament to exercise a control over the colonial Legislatures, and, consequently, became a fur- ther source of collision. These colonies had from the first experienced that in- ISSUES OF PAPER-MONEY. 65 sufficiency of capital to meet their growing wants which has ever attended new settlements ; and in nothing was this want of capital more manifested than in the scarcity of currency, which was the greater because money admits of the substitutes of barter and credit. Hence it was, that the first settlers in New England used the Indian wampum and beaver-skins as currency; that fish was used in Newfoundland, and tobacco in Virginia, for the same purpose. The scarcity of gold and silver in the colony might have been increased by the restraints on their commerce and industry, but it would have existed under any circumstances, as we always see iu our rising towns in the West. With this deficiency of money in the colonies, when they were involved in the expense of raising and paying troops, they were induced to issue bills of credit, or pro- missory notes, which being payable to bearer, and divided into smns of small amount, answered the purposes of cur- rency ; and they were subsequently led to further issues, as a cheap and ready way of remedying the general scarcity of -money.' Massachusetts thus issued such bills in 1690 to pay her army on its return from an unsuccessful invasion of Canada. She made another issue, on a like occasion, in 1707. South Carolina issued similar bills in 1702 to ' Adam Smith thus explains and justifies the use of paper-money : "It is convenient for the Americans, who could always employ with profit in the improvement of their lands a greater stock than they can easily get, to save as much as possible the expense of so costly an instru- ment of commerce as gold and silver, and rather to employ that part of their surplus produce which would be necessary for the purchase of those metals, in purchasing the instruments of trade, the materials of clothing, several parts of household furniture, &c. — not dead stock, but active and productive stock." — III. Wealth of Nations, 453. VOL. I. — 5" 66 DEPRECIATION OF PAPER CURRENCY. pay the debt contracted by her invasion of St. Augus- tine; and she made a further emission in 1713 to meet the expense of repelling the Spanish invasion. In the same year, to defray the cost of an expedition against Canada, New York issued bills to the amount of twenty thousand pounds, Connecticut of eighty thou- sand, and New Jersey of three thousand. These bills of credit being redeemable at a distant day, and being commonly issued in excess, gradually depreciated, although, to sustain their credit, the colo- nial Legislatures had made them a legal tender. As this provision proved injurious to the British mer- chants, to whom the colonists were generally indebted, the governors of the colonies were at length instructed to prevent the passage of any law authorising further issues of paper. This restriction created great alarm in Massachusetts, where the paper currency being redeemed in annual quotas, must be continually diminishing, unless they could make new issues. They therefore devised the ex- pedient of a currency to be issued by a land bank, for which a company was promptly formed ; but, before it obtained a charter from the colonial Legislature, the company was dissolved by an Act of Parliament. The inconvenience of this restriction of paper-money was augmented in Massachusetts, by the exemption of Ehode Island from its operation, since, by her charter, the Governor was not appointed by the Crown, and he either received no instructions from England, or disre- garded them. Thus unrestricted, she exercised her power very liberally, and her issues contributed still fur- ther to the depreciation of paper-money, so that an ounce of silver which was worth but five shillings and two pence sterling, came to be worth in New England PREDICTIONS CONCERNING THE COLONIES. 67 twenty-seven shillings currency.' An act of Parliament was finally passed that no paper-money should be a legal tender in the colonies. With the disposition thus plainly and frequently mani- fested on the part of the mother country to draw the cords of colonial dependence tighter, and from their efforts equally constant to resist or evade the trammels imposed on their commerce and manufactures, even then men discussed the problem whether this conflict of feel- ings and interests would not lead to a separation as soon as the colonies had sufficient strength to effect it ; and it is interesting, at the present day, to notice the various speculations which then prevailed on this great question. In 1755,* John Adams, at that time the teacher of a village school, made the following memorable reflections in his diary : " Soon after the Reformation, a few people came over into this new world for conscience' sake. This appa- rently trivial incident may transfer the great seat of empire into America. If we can remove the turbulent GalUcs, our people, according to the exactest calcula- tions, will, in another century, become more numerous than England itself. All Europe wiU not be able to ' The depreciation of the paper-money of the colonies is thus stated by Anderson in 1739, Vol. III. p. 498 : In New England, for £100 sterling £525 currency. " New York, « « 160 " " The Jerseys " " 160 « « Pennsylvania " " ...... 170 " " Maryland " " 200 " " North Carolina " " 1400 " " South Carolina « " 800 « Virginia is not included in this list, because she then had no paper- money ; but she was induced, a few years later, to follow the example of her sister colonies ; and at the breaking out of the Eevolution, she had a large public debt, of which this paper currency was the evidence. 68 PKEDICTIONS CONCERNING THE COLONIES. subdue us. The only way to keep us from setting up for ourselves is to disunite us." ' About the same time Hume, in his history of the House of Stuart, thus wrote : " Speculative reasoners, during that age, raised many objections to the planting of those remote colonies, and foretold that, after draining their mother country of in- habitants, they would soon shake off her yoke, and erect an independent government : but time has shown, that the views entertained by those who encouraged such generous undertakings were more just and solid. A mild government and great naval force have preserved, and may still preserve, during some time, the dominion of England over her colonies. And such advantages have commerce and navigation reaped from those estabUsh- ments, that more than a fourth of the English shipping is at present computed to be employed in carrying on the traffic with the American settlements." ^ Another writer, at that period, cited by Anderson, in speaking of these colonies, says : " That their growth may render them dangerous I have not the least conception. We have already four- teen several governments on the maritime coast of the continent ; and shall probably have as many more be- hind them on the inland side. Their jealousy of each other is so great, that they have never been able to effect such a union among themselves, nor even to agree in requesting the mother country to establish it for them. If they could not agree to unite for their defence against the French and Indians, who were perpetually harassing their settlements, burning their villages, and murdering their people, is there any danger of their ' Adams's Diary, 264, cited in IV. Bancroft, 215. ' Hume's History — Appendix to James the First. EXPEDITION AGAINST LOUISBUEG. 69 uniting against their own nation, wliich they all love much more than they love one another?" In 1755 Governor Shirley thus wrote to Sir Thomas Robinson : " Apprehensions have been entertained that they will in time unite to throw oflf their dependency upon their mother country, and set up one general government among themselves. But if it is considered how different the present constitutions of their respective governments are from each other, how much the interests of some of them clash, and how opposed their tempers are, such a condition among them will seem highly improbable. At all events, they could not maintain such an independency without a strong naval force, which it must for ever be in the power of Great Britain to hinder them from having ; and whilst His Majesty hath seven thousand troops kept up within them, Avith the Indians at command, it seems easy, provided his governors and principal officers are in- dependent of the Assemblies for their subsistence, and commonly vigilant, to prevent any step of that kind from being taken." ^ Such seem to have been the sentiments of the British ministry a few years later, when, acting in accordance with these views, they brought about that separation, which, mider more prudent and temperate counsels, might have been postponed one or two generations longer. Let us now trace the course of events by which this result was hastened. In the war which France declared against England in 1744, an expedition against Louisburg, in the Island of Cape Breton, was set on foot by Massachusetts, under ' IV. Bancroft, 214. 70 CONFLICTING CLAIMS OF FRANCE AND ENGLAND. the auspices of Governor Shirley, and with aid from other colonies, chiefly of New England. It proved com- pletely successful; and the place, after a short siege, conducted without skill, surrendered. Their exploit filled their inexperienced minds with astonishment, when they beheld the strength of the fortifications they had captured. This expedition was commanded by WilUam Pepperell, a merchant of Maine, who was rewarded for his success by the honor of knighthood. Encouraged by this achievement, the conquest of Canada was planned, but the offensive operations of the French compelled the English colonists to defer the attempt, until the peace of Aix-la^Chapelle put an end to hostilities, and restored Cape Breton to France. The interests of the two nations on this continent clashed too much to allow them to remain long at peace. The Hmits of Nova Scotia were still contested; and, what was of far greater importance, those of Louisiana, as claimed by France, threatened the future safety of aU the British provinces. Great Britain had always claimed the lands in America which extended from the Atlantic coast discovered by Cabot to the Pacific ; and such had been the extent of her colonial grants. On the other hand, France, on the ground of having first discovered the river Mississippi, claimed all the land on both sides of that vast river, from its source to its mouth, and as far east as the great Appa- lachian chain of mountains, so as to reduce the British settlements to a long narrow sHp of territory, which has been aptly described as the cord of an immense bow, formed by the French settlements from Canada to the mouth of the Mississippi ; and she prepared to secure the possession of the domain she claimed by a chain of WASHINGTON. 71 posts along its eastern frontier from Quebec to New Orleans. With the view of checking these encroachments of the French, and of having a settlement to the west of the Alleghany Mountains, the British government had, in 1749, granted five hundred thousand acres of land in the valley of the Ohio to a company formed in England and Virginia, whose ostensible purpose was to trade with the Indians. The company sent settlers to the Ohio river, and there erected a fort. The Governor of Canada remonstrated against this in- trusion, as he called it, on the dominions of France; and threatened that if the English persisted in trading with the Indians, he would arrest them. This he accord- ingly did, and carried his prisoners to the French fort at Presq' Isle. A road being then made by the French on the lands granted to the Ohio company, Governor Dinwiddle of Virginia despatched to the French com- mandant George Washington, a young officer, whose character then received its first gleam of that glory which beamed with such splendor at a later period, requesting him to withdraw from the dominions of the king of Great Britain ; to which letter an unsatisfactory answer was returned. A regiment was raised in the following year to defend the frontier. Washington, then second in command, proceeded with his small force to the West, where he en- countered and defeated a party of the French under Ju- monville. By the death of Colonel Fry, while on his way to join his regiment, the chief command devolved on Washington, whose fate it was to be defeated and cap- tured by the enemy, by which turn of fortune, however, he lost no reputation at home. The French had already erected a fort at the junction 72 CONTENTION AT ALBANY. of the Monongahela and Alleghany, which they called Fort Duquesne, and which subsequently became the site of the flourishing city of Pittsbiu-g. War was now inevitable, and both parties began to prepare for it. The British ministry instructed the colonial Governors to remove the French from the Ohio, by force, if neces- sary ; and they also recommended imion among the colo- nies for their natural defence. A convention of delegates from seven of the colonies accordingly assembled at Albany to hold a conference with the Five Nations, whose friendship would be so important in a war with France. A plan of union — which was to have the sanction of ParUament to give it eflficacy — was then recommended, by which representatives chosen by the colonies were to have power to levy forces by land and sea, lay imposts and taxes, and appoint officers ; — the grand council to consist of forty-eight members, distributed among eleven colonies, under a President-general to be appointed by the Crown. The plan of this confederacy was unacceptable to all parties. It was not approved in the colonies, on account of the large powers given to the President, dependent as he would be on the Crown ; and it was not approved in England, because, in the temper manifested of late in most of the colonies, an organized corporation might be dangerous to the authority of the mother country. The scheme was therefore abandoned. To take command of the army in America the ministry appointed General Braddock, an officer of high reputar tion, who, by appointment, attended a general meeting of the royal governors at Alexandria, to consult on the affairs of the colonies. It was then unanimously recom- mended to raise a revenue in America, which all the GENERAL BRADDOCK — WAR WITH FRANCE. 73 officers of the Crown seemed then to think was as prac- ticable by the agency of Parliament, as it was just and expedient. In the same year Braddock, with Washington as his aid, set out in his march to the west, at the head of eighteen hundred men, in two divisions, to take posses- sion of Fort Duquesne ; and when within twelve miles of the spot, in full confidence of his superiority, he was attacked by a joint force of French and Indians in am- bush, and sustained a total defeat, with the loss of his own life. He fell the victim, of his undue reliance on military skill and discipline, contempt of his barbarous enemy, and utter disregard to the prudent counsels of young Washington. General Loudoun was appointed his successor, and then it was determined by the ministry to keep up a standing force in America, and to quarter the troops in the colonies without consulting their Legislatures. War was formally declared by England in May, 1756, and the first operation in America was the capture of Fort Oswego by Montcalm, the Governor of Canada. Loudon, on his part, attempted nothing offensive, to the great disappointment and mortification of the colonies.^ But William Pitt became minister, and the effect of his vigor and decision was soon manifested in America, as well as other quarters of the world. Louisburg sur- rendered, after a siege of eight days, to General Amherst, and Fort Oswego was recaptured by Bradstreet. But, on the other hand, an attack on Ticonderoga was repulsed by Montcalm. Fort Duquesne had been abandoned and destroyed by the French. General Forbes subse- quently took possession of its site : he built a fort there, ' I. Marshal, 410. 74 ■ CAPTURE OF QUEBEC. and called it Fort Pitt. Fort Niagara capitulated to Sir William Johnson; and lastly, both Ticonderoga and Crown Point were abandoned by Montcalm, that he might be better able to defend Quebec. The attack on this place had been confided to General "Wolfe, who, though yet a young man, had already ac- quired a high reputation, and was deemed worthy of encountering the skilf\il and gallant Montcalm. He well justified these favorable expectations. Quebec also yielded to the British arms, and its capture was rendered more memorable by the death of the victorious general, who fell at the head of his troops ; and also by the death of the French commander, Montcalm — both of them equally esteemed by their respective nations for their bravery, military skill, and devotion to their country. Mons. De Levi, the French officer next in command, made an attempt to regain Quebec, and might have suc- ceeded but for the opportune arrival of an English fleet in the St. Lawrence. He then withdrew his troops to Mon- treal, where Mons. de Vaudreil, now Governor of Canada, had collected all his forces. Unable, however, to with- stand the superior force of the British, he finally capitu- lated. With Montreal surrendered Detroit, and all the other strong places in Canada ; and thus terminated the French domiaion in North America. Informal cession to Great Britain was subsequently made by the treaty of Paris. But while the conquest of Canada annihilated the power of France in America, it tended to lessen the de- pendence of the British colonies on the mother country. Their collisions and wars with the French settlements and their Indian allies obviously served to bind them more closely together ; but when this outward pressure was withdrawn, they would be more likely to feel and NEW DUTIES IMPOSED. 75 resist the restrictions imposed by the interests or the jealousy of the mother country.^ The glory acquired by England in the recent war had raised her pride of power and her military reputation to a point never before reached, and this exaltation proba- bly had its influence on the course of the ministry towards the American colonies. It was thought a favorable time to draw tighter the cords of dependence and submission, more and more endangered by the growing numbers and wealth of the colonists, and to make that wealth more directly tributary to the mother country, which had expended so much of her own for their exclusive benefit. The colonies had long carried on a very active ilUcit trade with the Spanish settlements in America, and even with the French, by which they not only obtained the pro- ducts of those settlements on better terms, but also a considerable sum in specie, which assisted them in pay- ing a large balance annually due to the mother country. The British government now determined to make this trade a source of revenue, and the rather as it was inju- rious to the interests of the British West Indies, as well as to the East India Company. They accordingly, in April 1764, imposed heavy duties on all the commodities im- ported from those foreign settlements into the British colonies, and required the money to be paid into the British exchequer. The better to secure the execution of these enactments, the officers of the navy were required to perform the duties of custom-house officers, and, hke ' Mr. Bancroft cites several curious predictions of this result, which were made at the time ; and it doubtless would eventually have taken place ; but since the stamp act was proposed immediately after the peace of 1763, the cession of Canada could hardly have had any influence in producing the opposition of the colonies to that measure. — IV. Bancroft, p. 460. 76 STAMP ACT. them, were rewarded by a share in the forfeitures then imposed. They also passed an act declaring that no paper-money to be thereafter issued in the colonies should be a legal tender, and that such paper as had been previously made a legal tender, should not so con- tinue after the time appointed for its redemption. But this was not all. To carry only the settled pur- pose of the administration, George Grenville, then chan- cellor of the exchequer, immediately after the passage of the act for the more strict enforcement of the navigar tion laws, introduced a resolution which declared it was expedient to raise a revenue in the colonies by a duty on stamps.' In proposing this internal tax, he ventured on a measure from which two of the boldest of his predecessors had shrunk, at a time when the colonies had not attained their present numbers and strength. Yet the caution with which he proceeded in its execution showed a dis- trust of the temper with which the colonies would be likely to receive it ; for after the resolution was passed, he informed the agents which the colonies severally had in London, that he purposely delayed any action on the resolution, that their constituents might have an oppor- tunity of suggesting such other modes of raising revenue as would be more agreeable to them : to which commu- nication the agents replied by expressions of gratitude for the considerate regard the minister had manifested towards the colonies. By way of further reconciling the colonies to these ' Mr. Bancroft states, on the authority of Charles Jenkinson and others, that the stamp act was first suggested by some supporter of the king's wishes, against the opinion of Grenville ; yet the latter defended the child by adoption with all a parent's love; and he maintained to the last that if he had continued in the ministry he would have carried it into execution. — V. Bancroft. grenville's eesolution-s. 77 unpalatable measures, several acts for their benefit were passed. The bounty on hemp raised by them was in- creased; the rice of South Carolina and Georgia was allowed to be .carried to the foreign West Indies ; and to benefit New England, the bounty given to the British whale-fishery was to be gradually withdrawn. These legislative boons failed of their purpose in tbe colonies, which, so far from availing themselves of the minister's offer to suggest a substitute for the proposed stamp tax, denied the right of the British Parliament, in which they were unrepresented, to tax them at all. Such were the declarations of the Legislatures of Massa- chusetts, Rhode Island, New York, Virginia, and North Carolina; and at the same time associations were formed to abstain fi:om the use of such British manufactures as were not indispensable. Their opposition was, however, little regarded, and at the succeeding session, Grenville introduced a series of resolutions for laying duties on stamps in America. Though his resolution at the preceding session had called forth no debate, and no response had been made to his inquiry whether any member denied the right of Parliament to lay such a tax, yet the subject now gave rise to an animated debate. One particular passage stands out in relief from the rest, and has found a place in every American history. In an expostulation by Charles Townshend, one of the warmest supporters of the measure, he asked, " Will those American children planted by oiu? care, nourished by our indulgence to a degree of strength and opulence, and protected by our arms, grudge to contribute their mite to relieve us from the heavy burden imder which we lie?" On which Colonel Barr^, who, having served in 78 COLONEL BAEEE — STAMP ACT PASSED. America, claimed to speak of the colonists from personal knowledge, indignantly retorted : " They planted hy your care! No — yom- oppressions planted them in America. They fled from your tyranny to a then uncultivated, inhospitable country, where they exposed themselves to e\exy hardship, and to the cruel- ties of a foe the most subtle and formidable of any people upon God's earth. " They nourished hy your indulgence ! They grew by your neglect of them. As soon as you began to care about them, you sent persons to rule them, to spy out their liberties, to misrepresent their actions, and to prey upon them — men whose behavior has often caused the blood of those sons of liberty to recoil within them. " They protected hy your arms ! They have nobly taken up arms in your defence ; have exerted a valor amidst their constant and laborious industry for the defence of a country, whose frontier was drenched in blood, while its interior yielded all its little savings to your emolmnent. . . . The people, I believe, are as truly loyal as any subjects the king has ; but a people jealous of their liberties, and who will vindicate them if ever violated." While this generous biurst of truth and eloquence meets with a grateful response in every American bosom, it produced no other effect than a passing admiration on its interested hearers. A bill in conformity with the minister's resolutions was then brought in and passed both Houses, with feeble op- position in the House of Commons, and none at all in the House of Lords. The royal consent was given by com- mission, in consequence of the king's indisposition, which it is since known was the sam^ mental malady with which he was subsequently so long afihcted. THE STAMP ACT OPPOSED — PATRICK HENET. 79 The minister made some further attempts to conciliate the colonies by additional commercial favors, and by selecting the officers of the stamps from the colonists, on the recommendation of their colonial agents. Among those thus selected was Dr. Franklin. When the news of this odious act reached America, the indignation of the colonists knew no bounds. In some places the bells were made to toll, and the colors were at half-mast, to denote their sense of the general calamity. Those who brought out stamps were compelled to surrender them ; and those who had undertaken to distribute them were made to renounce that office, some- times upon oath. Then too the literary talents of the colonies were put in requisition. But the writing class, from the prevalent habits>and pursuits of the colonists, and the want of the requisite mental culture, was a small one. John Dick- inson of Delaware, James Otis of Massachusetts, and Richard Bland of Virginia, seem most to have attracted the notice of their countrjnnen. The Legislature of Virginia happened to be in session when the passage of the act was first announced, and then it was that Patrick Henry, a young and almost self-educated orator, electrified his brother members by the boldness of the resolutions he brought forward in support of colonial rights,^ and the yet greater boldness with which he supported them. In the course of his impassioned harangue he cried, "Caesar had his Brutus; Charles the First his Cromwell; and George the Third" — here the cry of " Treason ! treason !" resounded on all sides — added the self-possessed orator, " may profit by their example. If this be treason, make the most of it." His resolutions,^ denying the right of Parliament to lay ' Wirt's Life of Henry. ' May 30, 1765. 80 JAMES OTIS — CONGRESS AT NEW YORK. taxes on the colony, were carried against the sense of the older and more prudent members. The Legislature was forthwith dissolved by the Gover- nor, but the resolutions' were soon difiused by the news- papers throughout all the colonies, were virtually adopted by the American people, and formally adopted by some of the Legislatures. In Massachusetts the proposition made in its Legisla- ture by James Otis, one of the most prominent for zeal and abiUty in vindicating colonial rights,^ to call a general congress of the colonies to meet in New York in October, was adopted.' In consequence of this recommendation, deputies chosen by the Legislatures of Massachusetts, Connecticut, Khode Island, Pennsylvania, Maryland and South Carolina, and by inferior authorities in New York, New Jersey, and Delaware, assembled at New York;* and, after a decla- ration of their exclusive right to tax themselves, they, with equal temper and decision, addressed the king and each House of Parliament on the subject of their griev- ances. They adjourned on the 25th of October, after a session of eighteen days. New Hampshire, though not averse to their purpose, had not thought it prudent to send deputies;' and the Legislatures of Virginia and North Carolina were not in session when the circular letter of Massachusetts was issued. Georgia sent an express to obtain a copy of the proceedings of the Congress. At the same time associations were formed through- out the colonies to abstain from the use of British ' See these Eesolutions in Appendix, I. ' See Tudor's Life of Otis. ' June 6, 1765. ■< October 7, 1765. " II. Belknap's New Hampshire. "WILLIAM PITT. 81 fabrics ; to wear homespun ; to encourage domestic manu- factures; to dispense with the ordinary badges of mourn- ing ; and to use all their means of increasing the num- ber of their sheep. So effectual had been the opposition to this hated act, that on the 1st of November, 1765, when it was to go into operation, it is said there was neither a stamp, nor a stamp officer, to be found throughout the colonies. A change of the British ministry took place in the summer of 1765, unconnected with American affairs, but in consequence of some personal dislikes of the king. The Marquis of Rockingham was placed at the head of the treasury, and though he and some others of the ministry were opposed to the stamp act, there was then no intention of repealing it. But at the ensuing session of Parliament, Pitt, whose support the ministers had courted, and whose opposition they felt themselves not strong enough to encounter, made a powerful speech in favor of an instant and unconditional repeal of the stamp act, denjdng that America, being unrepresented in Par- liament, could be legally, constitutionally or reasonably taxed by that body, but at the same time asserting its unlimited right to regulate their trade and manufactures — adding that if this power were denied, he would not permit them to manufacture a lock of Wool, or make a horseshoe or hobnail. He was warmly and ably opposed by Grenville, and by the favor of the House was per- mitted, or rather called upon to make a second speech. His eloquence, backed by his popularity, by the seeming impossibility of executing the law in America without force, and by the clamor of the merchants and manufac- turers of Great Britain, proved decisive. After some time spent in discussing the question of hearing the peti- tions of Congress, in reading papers relative to riots in VOL. I. — 6 82 STAMP ACT REPEALED. New York and Ehode Island, and in the examination of witnesses, among whom was Dr. Franklin, the repeal was carried by two hundred and seventy-five votes against one hundred and sixty-seven ; and in the Lords, where the repeal Avas supported by Lord Camden, it was carried by one hundred and five to seventy-one, on the avowed ground that the act would be " productive of conse- quences greatly detrimental to the commercial interests of these kingdoms." A declaratory act was at the same time passed, assert- ing in the most unqualified terms the rightful power of Parliament to bind the colonies in all- cases whatever, and that all declarations of the colonial Assemblies to the contrary were null and void. The repeal diiFused joy and exultation throughout the colonies. Yet it soon appeared that the reconciliation between them and Great Britain was not cordial, or likely to be lasting. The Declaratory Act was indeed little heeded, it being at first* regarded as the abstract assertion of a right against an actual surrender of it ; but the duties on imports remaining mirepealed, so far as they were prohibitory, they deprived the colonies of a most gainful traffic ; and so far as they were operative, they were viewed by the more intelligent colonists as real taxes under the form of regulations of trade. Great Britain, on the other hand, was offended by the bold denial made by some of the colonial Legislatures of her right to tax the colonies in any case. Nor was this all. Those Legislatures had been requested by their respective Governors to compensate such individuals as had suffered in their attempts to execute the stamp act ; and Massachusetts, in her act of indemnity, gave " a free pardon to all offenders," ajad used other expressions equally offensive to the asserters of British supremacy. CHARLES TOWJiTSHEND. 83 The Legislature of New York had also given great ofFence. It had refused to pass such laws for the accom- modation of quartered troops as were required by act of ParUament. There was also a partial opposition to the same act in Massachusetts, New Jersey and Georgia. With these causes of mutual irritation, and when the colonies openly and unanimously denied the right of Great Britain to tax them, while a large majority of the British nation insisted on the right, and believed it to be essential to secure the dependence of the colonies, a question deemed so momentous by both parties was not likely to remain long unsettled. The ministry was again changed, and a-ssigned to men whose sentiments towards America were more in accord- ance with those of the king. The new chancellor of the exchequer was Charles Townshend, of shining parts rather than a wise statesman, and who had been among the foremost in resisting the claims of the colonists. He brought in a bill for laying duties on tea, glass, paper, and painters' colors imported into the colonies; which passed without much opposition — the duties not being very heavy, and being moreover regarded as regulations of trade. But the distinction which had been made between internal and external taxes both in England and the colonies, was no longer recognised in Massachusetts, where the subject had been more fully discussed. That colony showed the same opposition to these new duties that they had shown to the stamp act, and, at the first meeting of the General Court after they had received intelligence of the passage of Townshend's bill, they addressed a circular letter to all the colonies, and pro- posed that they should unite in adopting the best modes of defending their rights j and for that purpose should 84 RIOTS IN BOSTON. have a mutual correspondence. They at the same time sent a petition to the king, a representation to the ministry, and instructions to their provincial agent in England. These occurrences in Massachusetts having been the subject of free animadversion by Governor Bernard to the ministry. Lord Hillsborough, the secretary of state, instructed Bernard to require of the Legislature of Massar chusetts to rescind the resolution which had authorised the circular letter to the colonies, and he at the same time wrote to the governors of the other colonies cen- suring the Assembly of Massachusetts. The Governor accordingly called upon the General Court to rescind the offensive resolution; but they replied that they had no power to rescind the act of a former Legislature; which act, moreover, they openly justified. A riot took place in Boston in consequence of the seizure of a vessel from Madeira belonging to John Han- cock, in which the officers of the customs were insulted, and their lives endangered. The commissioners of the customs recently appointed to execute these new mea- sures, alarmed for their safety, took flight. Bernard dis- solved the Assembly. But another occurrence influenced the public mind yet more. On the arrival of the troops sent to Boston to intimidate the colonists, and if necessary, to compel their submission, the people of Boston lost n» opportunity of showing their hatred and ill-will towards these troops. On some act of unusual provocation, a portion of a com- pany under • Captain Preston fired on the townsmen, and three men were killed. This affair, which was called the "Boston massacre," was diUgently improved into the means of inflaming the passions of the people to the highest pitch. DUTIES PARTIALLY REPEALED — REGULATORS. 85 The ill treatment received by Massachusetts met with the ready sympathy of the other colonies, and her firm- ness won their highest admiration. In the spring of 1770 all the duties laid by Townshend's bill were repealed, except that on tea, which the minis- ters insisted on retaining for the purpose of supporting that right to tax America which they asserted, and which, as it substituted a duty of three pence per pound, for that of a shilling a pound paid as an export duty, would prac- tically supply them with tea at ninepence per pound less than they had previously paid. This measure was car- ried in the House by two hundred and four votes to one hundred and forty-two. The motives assigned by the ministers for the bill were the " dangerous combinations which the proposed duties had occasioned" beyond the Atlantic,' and the dissatisfac- tion they had created at home among the merchants who traded to the colonies. Among the occurrences of this period two may be mentioned, very different in their character, but both showing the readiness of the colonists to resist what they regarded as oppression. One was a popular insurrection in North Carolina in 1771, caused by the alleged extor- tion of illegal fees by the public officers, and the lawyers, and the peculation of the receivers of taxes. They called themselves Regulators, a term borrowed from a voluntary association in South Carolina for the punishment of horse-thieves and other offenders. After four or five years of complaint, a large body of the Regulators from several of the middle coimties tuinultuously assembled in May, 1771, with Herman Husbands,^ Originally from 1 Ann. Kegis. 1770, page 73. ^ This man, after the lapse of more than twenty years, took a leading 86 REGULATOES SUBDUED — GASPEE. Pennsylvania, as their leader, to demand a redress of their grievances. Governor Tryon set out from New- beme with three hundred militia to quell the insurrec- tion, and on his march was joined by large reinforce- ments of volunteers. He met the insurgents then posted on the Alamance, a small branch of Haw river, and con- sisting of about two thousand men, most of whom were ill-armed or without arms. From a war of words the parties fell to blows, and the Governor having some artillery, the insurgents were soon put to flight, and Husbands made his escape to Pennsylvania. In this " battle of Alamance," as it has been called, the militia had nine men killed, and sixty-one wounded. The insur- gents had twenty-one kiUed, but the number of their wounded was not known. The authority of the govern- ment being thus restored, twelve of the insurgents were convicted of treason, and six were executed.' The Kegu- lators warmly resented the part which the lower counties had taken against them; and Governor Martin, who succeeded Tryon, so profited by that feeling, that those who in 1771 had been in arms against the government, were among its warmest supporters during the Revolu- tion. The other occurrence was the destruction of the revenue schooner Gaspee,^ which, having greatly annoyed the people of Rhode Island, was purposely decoyed, by a vessel to which she gave chase, into shallow water, where she ran aground. She was then boarded by the part in the first Pennsylvania insurrection, showing that he was as ready to resist the just requisitions of law as' its abuses. ' Grahame, in his account of this insurrection of the Regulators, has fallen into blunders with which he is not often chargeable. The above account is taken from Jones's Vindication of North Carolina, II. Mar- tin's History, and Wheeler's Hist. Sketches. ' June, 1772. TAX ON TEA OPPOSED IN THE COLONIES. 87 people of Providence and set on fire. After an ineffec- tual attempt by the government to detect and punish the offenders, an act of Parliament was passed for trying similar offences in England. The Parliament, as well as the ministry, being deter- ' mined to maintain the right of taxing the colonies, the tax on tea was retained. The repeal of the other duties took place about the same time that Captaiu Preston's men iu the riot fired on the people of Boston. Lord North, who had succeeded the Duke of Grafton as premier, defended the tax on tea, which was nine- pence lower than that which the colonists, in common with every other British consumer, had hitherto paid. It was expected that they would thus be reconciled to the new duty. Such, however, was not the result. The colonists were well aware that if the present low duty was submitted to, it would hereafter become a precedent for any degree of taxation, however onerous. The opposition to the claims of Great Britaia therefore underwent no diminu- tion; and committees of correspondence, on the recom- mendation of Virginia, were appointed ia all the colonies to confer with each other on the best means of serving the common cause, and of keeping alive the spirit of resistance. In Massachusetts this was effectually done by the ministry. In 1771 Governor Hutchinson refused his assent to a tax-bill, because the commissioners of the customs had been assessed as others, and both they and the Governor adhering to the ground they had first taken, no tax-biU was passed that year. The provision made by the government for the entire support of the Governor, so as to render him independent of the Legis- lature, afforded new ground of complaint and alarm. 88 TEA DESTROYED IN BOSTON. Meanwhile, one of the expedients of the colonists for acting on the interests of Great Britain proved, after a partial success, impracticable. The non-importation agreements were found to press too heavily on the colo- nial merchants to be continued. Being violated or evaded in some of the cities, the others excused themselves for taking the same course, to prevent ruia ; and at length no part of these acts of self-denial remained in. force, except that regarding tea. The consumption of this commodity had consequently been so much dimiuished, that the East India Company sustained great loss. They therefore proposed to the ministry to repeal the tax altogether, instead of merely reducing it, and in that event they would pay double the amount on its export. The proposal was rejected; but, to favor the Company, a drawback was allowed on its exportation. Large quantities were then shipped by the Company to the principal ports of the colonies ; but it being apprehended by the colonists that if the importa- tion were permitted, the commodity would find a sale, and thus the duty, which constituted a part of the price, would be collected, they determined it should not be landed. In most of the ports, accordingly, the ships which brought it were compelled to return with it. In Massachusetts they went a step further. Many of the citizens of Boston finding that the consignees would not send back the tea, as they had done in New York and Philadelphia, after keeping watch on the wharves to prevent the landing of it, held a meeting at which it was decided that the tea should not be landed. Meanwhile, the vessels which brought it, unable to obtain clearances at the custom-house, could not leave the port. In this posture of affairs, several parties of men, some of them disguised as Indians, went on board the vessels, broke Hutchinson's letters. 89 open the chests of tea, and threw it into the water. This memorable occurrence took place in December, 1773, and it seemed to have been done with a full sense of its importance, and of its probable consequences. The public excitement in this colony was the greater from the publication of certain letters written by the Governor (Hutchinson), and the Lieutenant-Governor (Ohver), to an under secretary in England, which spoke of the people of the colony in very disparaging terms, and strongly recommended the most coercive measures against them. Although these letters were confidential, Dr. Franklin, then the agent for Massachusetts, obtained possession of them, and sent them over to the Speaker of the Assembly during its session in 1773. The liveliest indignation was excited in the Assembly : in a petition and remonstrance to the king, after the strongest denun- ciation of those officers, their immediate removal was insisted on. Dr. Frankhn having presented the Massachusetts peti- tion, the ministers decided that it should be fully dis- cussed before the Privy Council, and the first meeting of that body was postponed to give Franklin an opportunity of appearing by counsel. At the second meeting no less than thirty-five members were present, and counsel both for Hutchinson and Franklin also attended. Wedder- bum, then Solicitor-General, and subsequently Lord Loughborough, who appeared for Hutchinson, adroitly assailed Franklin for having invaded the rights of pri- vate correspondence,' so that it seemed as if it was Franklin and not Hutchinson who was upon trial. As Franklin could give no account of how he obtained pos- session of these original letters without violating his ' The letters, though addressed to persons in ofBce, were private and confidential. — Ann. Keg. for 1774. 90 DE. FRANKLIN. engagements to those from whom he received them, he was obhged to submit in silence to Wedderbum's harsh obloquy and injurious imputations. Thus unexplained, these imputations were received with undisguised favor by the Council. They seemed in the same degree to have had a dispiriting effect on Dunning, Franklin's counsel, who, usually so ready and able, made a feeble defence' for his client. The consequence was that Hutchinson and Oliver were acquitted of all blame ; and the next day Dr. Franklin was dismissed from his office of postmaster- general in America. The manner in which Dr. Franklin got possession of these letters is still involved in mystery. He himself stated that he received them from a member of Parlia- ment, who had shown them to him to convince him that much of the bad feeling between England and her colo- nies was attributable to Americans. Franklin then obtained leave to send the letters to America, to be there communicated, under certain restrictions, to a few lead- ing individuals, and then to be returned. But Dr. Hosack, in his Memoir of Dr. Hugh Williamson, states, on the authority of a gentleman " of great respectability," that WilHamson (as he told Hosack' s informant) being then in London, and hearing of these letters, had, by an act of mingled boldness and address, applied for them at a public office, and obtained them. He immediately delivered them to Dr. Franklin, and the next day left England for the continent. The story is improbable, but in the main may be true. Mr. Sparks, in his valuable edition of Franklin's works, ^ has collected all the testimony relating to this curious passage of Eevolutionary history, and has ' Dunning's failure was ascribed to fatigue and indisposition. — Ban- croft, Vol. VI. " Sparks's Franklin, Vol. XV. GENERAL CONGRESS PROPOSED. 91 ingeniously attempted to reconcile the conflicting state- ments of Dr. Franklin and Dr. Williamson. It is not easy to suppose that these letters were obtained without a breach of trust or a violation of moral duty in some quarter ; but the propriety of Dr. Franklin's course in bringing those supposed calunmies to light presents a question of casuistry about which men are Ukely to differ. It is certain, however, that neither he nor his constituents ever seemed to doubt that his conduct in the affair was not merely justifiable, but was highly meritorious. The resentment excited in England by this act of bold defiance may be inferred from the acts of Parlia- ment to which it gave rise. By one, Boston ceased to be a port of entry until it should have indemnified the East India Company ; by another, the charter of Massachu- setts underwent important modifications, one of which prohibited any town meeting without the permission of the Governor; and by a third, offenders against the revenue laws, and rioters, might be sent to England for trial. Indignation and sympathy were felt for those who were regarded as sufferers in a common cause by all the other colonies, who did not know how soon the case of Boston or Massachusetts might be their own. In Vir- ginia, which being the most populous of the colonies, naturally took the lead, the members of the Legislature, having assembled after another dissolution, suggested through their committee of correspondence, a general Congress of deputies to consult on their united interests.* ' It happened here, as it commonly does in all great national emer- gencies, that the same measures of redress are suggested in different places, without any concert, so as to make the honor of originating them uncertain, or rather to give to several, instead of one, a claim to that honor. The calling of a general Congress was an instance of this kind. 92 CONGRESS MEETS IN PHILADELPHIA. This proposal was favorably received in all the colo- nies, and Massachusetts, having recommended that the Congress should meet at Philadelphia in September, appointed five members. All the other colonies except Georgia followed the example, and on the fourth of Sep- tember, 1774, fifty-two deputies elected by the colonial Legislatures, or by self-created popular conventions, assem- bled in that city; and on the following day they organized themselves as a deliberative body in a building known as Carpenter's Hall, and which has ever since been held in great veneration. As this Congress exercised the highest functions of government, and as it was succeeded by other bodies similarly constituted, and exercising similar authority to the present day, this period may be taken as the begin- ning of that revolution which converted thirteen de- pendent colonies into a confederacy of sovereign States. But before we follow that confederacy through the difficulties it encountered and overcame, let us pause awhile to take a brief survey of the individual members which composed it. " Massachusetts, comprehending as it then did, the pro- vince of Maine, was the most northern of these colonies. Maine was separated firom the rest of the colony by New Hampshire. Its whole area was about forty thousand miles. Its searcoast was between three and four hundred miles. This colony, possessed of harbors, and in the neighborhood of seas abounding in fish, had taken the It had been previously proposed at a town meeting in Boston, and at another in New York. It had been also suggested both at a public meeting in Khode Island, and by the Connecticut Legislature. It was an expedient which would naturally suggest itself, when the Congress at New York, after the passage of the stamp act, was fresh in the recol- lections of all. POSITION, AEEA, ETC., OF THE COLONIES. 93 lead of all the colonies in its navigation and fisheries, a pre-eminence which to this day it retains. It had also made more advances in manufactures. New Hampshire, which intervenes between Massachu- setts proper and Maine, touches the Atlantic to an extent of only eighteen miles, where Portsmouth, its principal town, stands. It extends north one hundred and forty mUes and west ninety miles, having an area of from ten to fifteen thousand miles. A part of the territory it claimed was contested by New York. Rhode Island lies on the Atlantic to the south of Mas- sachusetts. Its area is little more than twelve hundred square miles. Its line of sea-coast is forty miles. Connecticut also lies south of Massachusetts, and is west of Rhode Island. Its searcoast extends one hundred miles on the strait formed by Long Island Sound. Its area is four thousand six hundred square miles. These four colonies constituted what is called New England. Being originally settled by Puritans, their descendants yet retained many of the quaUties which characterized that sect. The observances of religion were here kept up in greater strictness than they probably had ever been in England, and at one time their religious zeal moTmting up to wild fanaticism, led them to banish those who dissented from them ia opinion, and to hang women for witchcraft. In most of them the Presbyte- rians were the most numerous sect, but ia Rhode Island there were many Quakers. To the west of New England lies New York, which is of a triangular form, and is but thirty mUes wide on Long Island Sound, but has a coast on the southern shore of that Island, of one hundred and thirty miles. By its present limits, which were not then well defined, its area is forty-six thousand square miles. 94 POSITION, AREA, ETC., OF THE COLONIES. Further south on the coast was New Jersey, which is a peninsula between the Delaware River and the Atlantic. It has a searcoast from Sandy Hook to Cape May of one hundred and thirty miles. Its area is seven thousand five hundred square miles. Pennsylvania lies west of the Delaware River, and on three of its sides it is almost a regular parallelogram. Its area is forty-seven thousand five hundred square miles. Delaware is the northern part of the peninsula formed by the Chesapeake Bay on one side, and the Atlantic and Delaware Bay on the other. Its greatest length is on the Delaware Bay. It has a sea^ioast, south from Cape Henlopen, of thirty-two miles. Its area is two thousand one hundred square miles. Maryland Ues on each side of the Chesapeake. Its eastern portion is part of the last-mentioned peninsula, and the western portion is between Pennsylvania and the Potomac River. It is of a very irregular form, and has an area, exclusive of the Chesapeake, of about eleven thousand square miles. Its line of sesrcoast is thirty-five miles. The five last-mentioned colonies were at once agricul- tural and commercial in their pursuits. They differed very much in reUgion. In New York they were German Lutheran, and of the Church of England. In Pennsyl- vania, Delaware and New Jersey there were many Quakers, and in Maryland many CathoUcs ; but some of each sect were found in all. Being at once healthy and fertile, these colonies increased faster in numbers and wealth than any others. Virginia, according to the territory within her charter limits, then comprehended what is now Kentucky, Ohio, Indiana, Illinois, Michigan, Wisconsin, more than equal POSITION, AREA, ETC., OF THE COLONIES. 95 to all the other colonies. It has a Ime of coast on the Atlantic of one hundred and ten miles, which include the two Capes that form the entrance into the Chesapeake Bay. Its area, exclusive of the territories aforesaid, from which she was soon after separated, was about sixty-five thousand square miles. The predominant religious sects were then Episcopalians, Baptists, Methodists and Pres- byterians. Tobacco, Indian com and wheat were the prin- cipal articles of its agriculture. North Carolina hes immediately south of Virginia, with a line of coast of two hundred and ninety-five miles. Its area, exclusive of Tennessee, is ninety thousand square miles. Its agriculture is the same -as that of Virginia. South Carolina is the next colony on the south. It has an area of thirty-one thousand square miles, and a line of coast of one hundred and ninety miles. Its principal exports were rice and indigo. Georgia, the most southern of the thirteen colonies, had an area, including the present States of Alabama and Mississippi, then inhabited by Indian tribes, of sixty-one thousand square miles. The population of these colonies was most dense near the coast, and became more scattered and thin as the settlements gradually receded to the west, so that the principal portion of the population occupied a zone of territory extending fourteen or fifteen hundred miles from Maine to Georgia, and little more than one hun- dred miles in width. The amount of the entire colonial population at the meeting of the first Congress was uncertain. Estimates of the numbers in each colony were indeed rendered to Congress by their respective deputies, but these estimates were made on insufficient data, and naturally, in their disputes with the mother coimtry, they were disposed 96 POPULATION OF THE COLONIES. to magnify its strength, both at home and abroad. The consequence was that their numbers were con- siderably overrated. The first census affords us mate- rials for making a close approximation to the truth on this point. According to that census the whole popula- tion was, on the first of August, 1790, three million nine himdred and twenty-nine thousand eight hundred and twenty-seven. If then we suppose the increase in the ten preceding years to have been thirty-three and one- third per cent. — which supposes a moderate increase from immigration — then the population on the first of August, 1780, was two million nine hundred and forty- seven thousand three hundred and seventy-one. If we further suppose that in the six preceding years the increase was at the rate of thirty per cent, in ten years — which supposes a diminished natural increase, and no gain from immigration — then the population on the first day of August, 1774, was, in round numbers, two million five hundred and ninety thousand. It then fol- lows that in the ordinary estimates of the population, in the beginning of the Revolution, at three millions, their numbers were overrated nearly half a million. In the distribution of the whole number among the several colonies, we are left more to conjecture. Accord- ing to the apportionment I have ventured to make, their respective mmibers in 1774 were as follows : Inhabitants, Massachusetts 360,000 New Hampshire 80,000 Connecticut 200,000 Rhode Island 50,000 New York 180,000 New Jersey 130,000 Pennsylvania 300,000 Inhabitants. Delaware 40,000 Maryland 220,000 Virginia 560,000 North Carolina 260,000 South Carolina 180,000 Georgia 30,000 2,590,000 EFFECTS OF SLAVERY. 97 In all these communities domestic slavery existed to a greater or less extent. Very soon after Virginia was settled, a Dutch ship brought thither a number of negro slaves, which were readily purchased by the English planters, and their labor beiag very profitable in the cultivation of tobacco, they soon greatly multiplied, and were subsequently diflfused throughout the other colonies. But as their labor was most profitable in those which grew tobacco, rice, or iadigo, they were very unequally distributed ; and perhaps of the five hundred thousand slaves then in the colonies, nineteen-twentieths were found south of Pennsylvania. This single circumstance had such an influence, that it divided the thirteen colonies into two distinct commu- nities, which widely differed in manners, habits of Hfe, and general character; while the members of each divi- sion had also many features of close resemblance. In those colonies in which the slaves were most nu- merous, the inhabitants, having more leisure, were more given to social pleasures and amusements — to the sports of the turf, the cock-pit, the chase and the gaming table. They had a more delicate and sensitive self-respect, which sometimes degenerated into haughtiness, and sometimes produced that union of courtesy, frankness, and ease which is rarely seen in Europe, except in the higher ranks of life. The social habits of the Southern planter often made him profuse, and plunged him in debt to the English or Scotch merchant who sold his exported pro- ducts, and furnished him with his foreign supphes. He was often improvident, and sometimes not punctual in his pecuniary engagements. With these moral defects incident to his condition as a slaveholder, he derived some virtues from the same source. Besides his agreeable companionable qualities, he often VOL. I. — 7 98 EFFECTS OF SLAVERY. acquired habits of forbearance and self-restraint which are essential to the formation of virtuous character. The evil effect of slavery on the temper and disposition of the master has been exhibited in glowing colors by Mr. Jef- ferson;' but his view of it, however plausible, seems to be contradicted both by philosophy and experience. As this proposition seems counter to the ordinary opinion on the subject, and its reasons are not obvious, some explanation seems to be required. With the power which a master has over his slave, and much of which extends to his children, he is placed in a situation in which he may either yield to his pas- sions or resist them ; and as he dees one or the other, will he be strengthened (by the natural effect of exercise and habit) either in self-indulgence or self-denial. If he yield to his impulses, he is likely to become self-willed, rash, violent, and perhaps cruel. If he resists, he so far lays a solid foundation for virtue of every species, and especially improves in patience, mildness and clemency. Some masters are thus made worse, and some better, by slavery. Does its good or its evil tendency predomi- nate ? It is not easy to give a satisfactory answer to this question. But if we look to the character of those Southern men who have acted a conspicuous part on the political theatre, and regard them as fair specimens of the class of slaveholders, we shall have reason to infer that the relation between master and slave more often proves a school of virtue than of vice. General Washing- ton, Mr. Jefferson, Mr. Madison, Mr. Monroe, Judge Mar- shall, Mr. Lowndes, Mr. Calhoun, were all remarkable for their mildness, moderation and forbearance. It is thought that General Harrison, Mr. Tyler, Mr. Polk and General ' Notes on Virginia. POINTS OF SIMILARITY. 99 Taylor may be added to their number. If General Jackson, the only remaining Southern President, may seem to offer some contradiction to the rule, it must be remembered that, supposing him to have had an uncon- trollable temper, he is not fairly an exception, inasmuch as his character was formed before he became a slave- holder. However these colonies may have differed in their social character, yet in their poHtical opinions and feel- ings, and in some other particulars, there was great similarity. There was, in the first place, an equality of condition as to fortune, or rather an approach to it, which is never seen in Europe, there being a very small propor- tion who were affluent, and scarcely any who were down- right paupers. There was here no class of nobles by birth — office alone constituting the distinction of rank. Hence a respect for the laws themselves, through those who administer them, which is rarely elsewhere seen. Mili- tary aid was rarely required to enforce the civil authority. There was, in all the colonies, more domestic ease and more abundant aliment, than in other countries. The very poorest class scarcely ever failed to have animal food once a day, and not seldom twice. This class was thus exempt from what is not only a very general source of anxiety and discontent, but is also the prolific parent of vice and crime. All were familiar with discussion and deliberation, either as speakers or hearers, at their political elections, or in their church government. In a new country with a rapidly increasing population, the supply as well as the demand for capital was steadily 100 POINTS OF SIMILARITY. increasing, but the demand was always in advance of the supply. This is a never-failing incident of newly- settled countries. In the consequent scarcity of gold and silver, a substitute was sought in paper-money, which was introduced by the promissory notes issued by the colonial governments to eke out the means of a scanty treasury. But this was not sufficient, for by fkr the largest part of their sales were made on credit ; and this credit was not given solely by the rich, as by the patricians to the plebeians in ancient Rome, but was, from necessity, given by all classes. The mechanic, and even day-laborer, had often to await the tardy payment of their earnings, no less than the shopkeeper and the farmer. The pressing demands for labor quickened invention ; and great ingenuity was shown in labor-saving machines and other mechanical contrivances, especially in the colonies in which there were few slaves. Fortune, next to office, making the chief ground of distinction in society, it was here sought with a more intense and unremitted ardor. Hence resulted great enterprise in all money-making schemes, and not seldom a reckless, gambhng spirit. The country being in a state of progress, and all things undergoing mutation, men were here less attached to established usages, and more ready for innovation. One consequence of the large proportion of the colo- nial population who were above the condition of indi- gence was, that the rudiments of instruction were very generally diffused, more particularly in New England ; but even in the other colonies the proportion of those who could read and write was probably greater than in any other country. ATTACHMENT TO THE PARENT STATE. 101 There was in all the colonies a very great respect and veneration felt for the parent state, to which they still continued to apply the endearing term of "home." The history of England, her institutions, her poets, statesmen and philosophers, her sovereign and nobility, her vast metropolis, her unequalled commerce and manufactures, her enormous wealth, her victories by sea and land, were regarded by them with patriotic pride ; and this sentiment was rather heightened than diminished by distance, from the fact that its objects were known to most of the colonists only through the medium of their imagination. But a still stronger sentiment with them was the love of civil freedom. Of all the inheritances derived from England, its popular rights and liberties were most prized and cherished. They had brought this feeling with them, -and there was much in their new condition to strengthen the sense of equality and the ■spirit of independence. The feeling then grew with their growth, and pervaded all the colonies from their first settlement to the period of which we speak — as may be seen in the assertions of their rights by their Legislatures ; in their altercations with the representatives of the royal authority ; and in their self-denying restrictions to resist their supposed wrongs. Their attachment to their fatherland^ thus brought ' Mr. Joseph Keed, subsequently President of the Council in Penn- sylvania, thus writes to Lord Dartmouth, on the twenty-fifth of Sep- tember, 1774 : " No king ever had more loyal subjects ; or any country more affec- tionate colonists than the Americans were. I, who am but a young man, well remember when the former was always mentioned with a respect approaching to adoration, and to be an Englishman alone a suffi- cient recommendation for any office of friendship or civility. But I 102 LOVE OF CIVIL FREEDOM. into conflict with, their stronger attachment to liberty, gradually grew weaker, until it was finally extinguished, and converted into resentment and hatred — the greater, perhaps, for the claims of consanguinity — and ended in open war. The perils and difiiculties they encountered in the struggle for their rights, as well as the wisdom, courage and constancy which they displayed in the contest, and which at length terminated in success, will be developed in the succeeding chapters. confess, with the greatest concern, that those happy days seem passing swiftly away, and unless some plan of accommodation can be speedily formed, the aflFection of the colonists will be irrecoverably lost." — Keed's Life of Jos. Keed, Vol. I. p. 77. CHAPTER II. DECLARATION OF INDEPENDENCE. 1774-1776. The deputies to the Congress now assembled in Phila- delphia had been carefully selected in the several colo- nies for their talents, their weight of character, and above all for their zeal in the cause of their injured country ; and they undertook the high duties which devolved on them with a full sense of their own responsibility, not only to their immediate constituents, but to all British America. It seemed but too probable that their dearest rights were to be then permanently secured, or to be lost for ever. There was some difference among the colonies as to their avowed purposes in appointing deputies. In some, the object of the appointment was declared to be " to adopt such measures as were likely to produce a redress of grievances, and to restore peace and har- mony between Great Britain and the colonies." Such were the appointments in Virginia, Massachusetts, Penn- sylvania and New Hampshire. A redress of grievances was the only assigned object of the appointment in Rhode Island, Delaware, North Carolina and South Carolina. In Connecticut it was " to consult on proper measures for advancing the best good of the colonies." In Maryland it was "to effect one general plan of conduct, operating on the commercial connection of the (103) 104 PURPOSE- OF THE MINISTRY. [OHAP. 11. colonies with the mother country, for the relief of Boston, and the preservation of American liberty." In New York and New Jersey the deputies were, appointed "to attend the Congress," without specifying the object. The dispute between the colonies and the mother country concerning their respective rights, which had continued for ten years, was now evidently brought to a crisis. The ministry of England seemed determined to raise a revenue in America, and, if necessary, to enforce their claim, by the strong arm of power. That this was the settled purpose of the ministers appeared from many circumstances. When they had proposed to allow the East India Company a drawback of nine pence a pound on tea, so as to leave a tax on that commodity of only three pence a pound, under the expec- tation that the colonists would be willing to pay the tax, when they could thereby get their tea cheaper than before, that Company, with the wonted sagacity of self- interest, foresaw that the colonies would not be deluded by this insidious policy, and would refuse to buy tea of the Company, or even to permit its importation ; whereby the Company would lose one of its best markets. It therefore proposed to the minister to take a drawback of only six pence a pound, provided the duty of three pence in America was taken off. But this offer, which might have given comparative quiet to the colonies, and have put a considerable sum into the British treasury, was peremptorily rejected, for it would have left the question of taxation unsettled. The Quebec bill also furnished evidence of the same purpose. By greatly extending the limits of that province, in which the Roman Catholic religion pre- vailed, and by making all the powers of government 1774.] INDEPENDENCE NOT THEIR FIRST AIM. 105 entirely dependent upon the Crown, it was intended to lessen the means of resistance in the old colonies, by -diminishing their territory, and by raising up a rival colony with which they could never cordially coalesce ; to say nothing of the chance of gradually extending to other colonies more or less of the same arbitrary system of government which had been provided for Canada. The appointment, for the first time, of the commander- in-chief of the army to be the governor of a colony, and the changes in the criminal law, were all indicative of the same ministerial views and intentions. Thus satisfied of the hostile purpose of those who then administered the government of Great Britain, as well as of the mighty power they possessed of carrying that purpose into effect, what was the wisest course for Con- gress to pursue ? Should they temporize, and take the chances that delay might give, or at once put an end to that connection which was found to be no longer com^ patible with their liberty and safety ? But for the last alternative they scarcely had the power, even if they had the inclination. The people they represented were not yet prepared to cut the cords that had so long and so happily bound them to the fatherland. The severance was not yet wished even by themselves. It has been alleged by some historians that the inde- pendence of the colonies was already the aim of their leading politicians; and it is certain that this charge had been frequently urged by the colonial governors and others in their communications to the ministry. But it appears by. the positive testimony of those who were best informed on the subject,' that such was not the fact. ' See Life of Jay ; Jefferson's Autobiographical Memoir ; Franklia'a Works. 106 DIVERSITY OF VIEWS. [CHAP. II. It is true that the future independence of the colonies was occasionally spoken of, but only as a remote event altogether uncertain as to time, just as the future inde- pendence of Canada, or Australia, or British India is now regarded as a probable occurrence in some distant future. Supposing their independence impracticable, it remained for Congress to endeavor to produce a change of purpose in the British government, as had been formerly effected in the case of the stamp act ; and if their efforts should prove unavailing, and the ministry should persevere in their present scheme of coercion, then to devise the best means of resistance. But for the success of either alternative, a cordial union of the colonies, as to their views and measures, was indispensable ; and to such a union there were not a few obstacles. Their newly-formed confederacy was composed of some twelve or thirteen communities differ- ing widely in character, pursuits, and circumstances, as we have seen, and they were not exempt from those local jealousies and prejudices that are so common a con- sequence of neighborhood. Nor were they agreed as to the extent of their own rights, or the precise character of the relation between them and Great Britain. The greater part of them recognized the distinction between duties imposed for the regulation of trade and for reve- nue, with which distinction they had been long familiar; and they would have been content to make a formal admission of the one, if Great Britain would make a formal renunciation of the other. But this was not the case with all, and especially with the people of Massachusetts. They had been induced, by their commercial character, to examine the subject more thoroughly, and had become convinced that the 1774.] CONGRESS MEETS AT CARPENTER'S HALL. 107 distinction would, in practice, prove unavailing. They saw no difference, for example, in its consequences to themselves, between the stamp tax and the duty on imported sugar; and the last, though it indubitably levied money on the colonists, to be paid into the British exchequer, might be regarded as a regulation of trade. The leading men of that province then decided to deny the right of the British Parliament to draw money from the colonies, in any way, without the consent of their respective Legislatures. Some were even disposed to go a step further, and to maintain that the only connection between Great Britain and her colonies was that they were the subjects of a common sovereign, who had a negative on the laws enacted by their several Legislatures; and that the political relation between the mother country and her colonies was the same as that which existed between England and Scotland after the accession of James, and before the Union ; or that which then existed between England and Hanover. Mr. Jefferson says that such was the theory adopted both by himself and Mr. Wythe.' To countervail these sources of discord the colonies had only the same ardent attachment to civil freedom, and the same sense of common danger to their dearest rights. These, however, proved sufficient to overcome the principles of repulsion, and to fuse them into a mass which became at once homogeneous and firm. Forty-five deputies from eleven colonies having assem- bled at Carpenters' Hall, in the city of Philadelphia, on the fifth of September, they unanimously appointed Peyton Kandolph of Virginia their President. He was ' This broad doctrine is not, however, clearly asserted either in Mr. Jefferson's " Summary of the Eights of America," or in the instructions which he prepared for the first deputation to Congress sent by Virginia. 108 EACH COLONY HAS ONE VOTE. [CHAP. 11. the Speaker of the House of Burgesses in that colony, and was further recommended for that ofl&ce by dignity of appearance and deportment. Charles Thomson of Philadelphia, a man of talents and integrity, was ap- pointed their Secretary. One of the first questions presented to their considera- tion was the mode of voting in a confederation of commu- nities so unequal in population ; and though a disposition was at first manifested to have some regard to their respective numhers in the votes of the different colonies, yet that course being strongly objected to by the smaller colonies, and there being no existing materials for a just apportionment, it was decided that each colony should have one vote. But in adopting a rule so obviously unjust, they took the precaution to assign as a reason for it, that " Congress neither possessed nor was then able to procure proper materials for ascertaining the propor- tion of each colony." They also decided to deliberate with closed doors, and that all their proceedings should be secret, until a majority should direct them to be published. It being important that the course taken by the colo- nies should stand fair in the eyes of mankind both at home and abroad, a committee was appointed to state the rights of the colonies, the several instances in which those rights had been violated, and the means most pro- per for obtaining redress ; which committee consisted of two members from each colony. Another committee of one member from each colony was appoiuted to report the several acts of Parliament which affected the trade or manufactures of the colonies. On the fourteenth, two deputies attended from North Carolina, and in the course of the session ten others from different colonies attended, making the whole 1774.] SUFFOLK RESOLUTIONS. 109 number to whom the destinies of America were confided, fifty-six.' While the committees were employed in discussing the weighty subjects assigned to them, Congress received certain resolutions from the County of Suffolk in Massachusetts, which set forth in spirited and glowing language the sufferings' then endured by the people of that province ; the further abuses of British power with which they were threatened ; and the measures which prudence recommended to the people of that colony in self-defence. They concluded with professing entire sub- mission to the Continental Congress then in session. For a better understanding of these resolutions we must revert to the recent course of events in Massachu- setts. From the time of General Gage's arrival'^ as Governor of the province, thete were continual alterca- tions between him and its Legislature (the General Court) until he dissolved it in June. In spite of his eflfoj^ to prevent them, the people of Boston entered into an agreement not to import or consume British goods ; which agreement they called "a solemn league and cove- nant." In the mean time seven British regiments had arrived in Boston, and the neck which connects its peninsula with the main land was* fortified by Gage. The mOitary stores of the colony which were deposited at Cambridge, and the powder in other magazines, were also seized by him. It was immediately after these hos- tile indications that the people of Suffolk, the County which contains Boston, met and passed the resolutions mentioned. ' This comprehends Simon Boerum of New York, who having received his appointment from some three or four persons, without authority, has been omitted by some historians. " In May, 1774. 110 SUPPORT OF BOSTON BY CONGRESS. [OHAP. II, These resolutions having been considered, Congress resolved, that they deeply felt for the sufferings of their countrymen in Massachusetts Bay, under the late unjust, cruel, and oppressive acts of the British Parliament; that they thoroughly approve the wisdom and fortitude with which the people have there opposed the wicked acts of the ministry; and they recommend a perseverance in the same firm and temperate conduct. By another resolution they declare that contributions for the reHef of the people of Boston ought to be con- tinued as long as their occasions require them. These resolutions, together with those from Suffolk, were ordered to be published, and they constituted the first paper issued by Congress. They would not only be very soothing to the people of Massachusetts,' but were likely to give efficiency to the very lively sympathy felt every where for the people of Boston. As one of the means of redress on which Congress mainly relied was to influence public opinion in Great Britain by acting on the interests of her merchants and manufacturers, their next measure was a resolution requesting the merchants in the colonies to send to Great Britain no further orders for goods, and to sus- pend the execution of those already sent, until the sense of Congress on the means of redress was made public. They, some days subsequently,^ also resolved that after the first day of December there should be no im- ' John Adams, in his diary, thus refers to this proceeding of Con- gress, Vol. II. p. 380 : " This was one of the happiest days of my life. In Congress we had generous, noble sentiments, and manly eloquence. This day convinced me that America will support the Massachusetts, or perish with her." ' September twenty-seventh. 1774.] JOSEPH GALLOWAY. Ill portation of any mercliandize that had been exported from Great Britain or Ireland ; and that no such mer- chandize imported after that day should be used or pur- chased. Both these resolutions passed unanimously. On the twenty-eighth, while the rights of the colonies were under consideration by the " grand committee" of two members from each colony, an attempt was made to anticipate the decision of Congress on the most important of those rights by Joseph Galloway of Pennsylvania, who was, at the time of his appointment. Speaker of the Assembly in that province ; who belonged to the mode- rate party — a numerous body there — and who refused to accept the office of deputy to Congress, until instruc- tions were framed which aimed as much at conciliation as redress.^ He proposed a plan of acconjmodation and union between Great Britain and her North American colo- nies, by which a Legislature was to consist of a grand Council to be chosen by the several colonies, according to their wealth and numbers. The executive power was to be discharged by a President^General, who was to be appointed by the Crown, and to have a negative on all acts of the grand Council. The two together were to regulate all the general concerns of the colonies, civil, criminal, or commercial ; but each colony was to regu- late its own internal concerns. But there was added a provision which must, appa- ' By these instructions, said to have been drawn by himself, the depu- ties were to consult together upon the present unhappy state of the colo- nies, and to form and adopt a plan for the purposes of obtaining a redress of American grievances, ascertaining American rights upon the most Bolid and constitutional j rinciples, and for establishing that union and harmony between Great Britain and the colonies which is indispensably necessary to the welfare and happiness of both. — I. Journals of Con- gress, p. 6. 112 PLAN OF ACCOMMODATION. [CHAP. II. rently, have made the scheme either impracticable, or nugatory for the security of American rights. A con- current power was given to the British Parliament to regulate the affairs of the colonies ; and each Legislature had a negative on the acts of the other ; except that, in war, the grants of money made by the colonial Legisla- ture did hot require the assent of Parliament. This plan was supported by its mover in a plausible speech, in which he maintained, in the broadest terms, that the colonies were not bound by any act of Parlia- ment whatever; and that all the laws made for the colo- nists were, on the principles of the English Constitution, violations of their rights. The scheme gave rise to a long and spirited debate ; and, obtaining the favor of some by the liberality of the principles on which it was founded, and of others, by its avowed purpose of conciliation, it was referred for fur- ther consideration ; and was, according to the tradition of the day,' finally rejected by a single vote. It is not improbable, however, that Galloway's main object was to divert Congress from any ulterior measures, and to recommend himself to the British government, since, by his pubhc avowal subsequently, he was opposed to the non-importation agreement, though he had actually signed it ; and in less than two years from that time he deserted the cause of his country, and joined the royalists in New York. This seems to have been a turning point in the ' There is no notice on the journals of Congress of Galloway's propo- sition, it being the practice of the Secretary, sanctioned no doubt by Con- gress itself, not to record measures proposed and rejected. Yet what a deliberative assembly rejects, and the degree of its unanimity in the rejpc- tion, are often important facts in its history. It was thought better to notice this part of its proceedings on the best evidence we possess ; it is mentioned both by Galloway himself, and by John Adams. 1774.] IMPORTS AND EXPORTS DISCONTINUED. 113 deliberations of Congress. From that time they decided on offering, in the first instance, liberal terms of concilia- tion; and, if they failed, then on resistance, at all hazards; for, in all their subsequent proceedings, as to their course towards Great Britain, they exhibited una- nimity, or an approach to it. Their next measure for appealing to the interests of the mother country was to discontinue their exports as well as their imports. In this, however, there was more difficulty. In the instructions given by Virginia to her deputies, they were restrained from agreeing to a non- exportation to Great Britain, to take place earlier than August tenth, 1775. It must be recollected that tobacco, the chief article of export from Virginia, was one of those "enumerated" articles which could be sent no where but to Great Britain ; and that it would be comparatively valueless if kept at home. The same consideration applied in a great measure to rice, which was also an " enumerated" article, and exportable only to the mother country. To the proposed delay most of the other colonies were opposed, because they regarded a suspension of exports as yet more important than a suspension of imports. But both Maryland and North Carolina, which also exported tobacco, urged that they must pursue the same policy as Virginia, since, if they stopped exports, while Virginia permitted them, she would monopolize their trade as well as frustrate the general pohcy. The wishes of those three States ultimately prevailed. After a debate of two days, it was finally determined' that all exportation to Great Britain, Ireland, and the West ' September thirtieth. VOL. I, — 8 114 ADDRESS TO THE KING. [CHAP. H. Indies should cease after September tenth, 1775,' unless the grievances of America were previously redressed. Having appointed a committee to prepare "a loyal address to the king," they unanimously instructed that committee, by way of removing the pretence that Par- liamentary taxes were necessary for defraying the ex- penses of their government, to assure His Majesty that the colonies had made, or would make ample provision for defraying all the necessary expenses of supporting government, and the due administration of justice in the respective colonies ; that the militia would suffice for their defence in peace ; and, in case of war, the colonies would be ready to grant such supplies as might be necessary. They further instructed the committee to assure His Majesty that, if the colonies were restored to their condi- tion at the close of the late war, by abolishing the laws for raising a revenue in America — for extending the powers of courts of admiralty — for the trial of persons beyond sea for crimes committed in America — for affect- ing the colony of Massachusetts Bay, and for altering the government and extending the limits of Canada, the jealousies occasioned by those acts would be removed, and commerce be again restored. A communication having been received from the com- mittee of correspondence of Massachusetts, informing Congress that Governor Gage continued to fortify Bos- ton and its environs, as well as to give other indications of his determination to reduce them to submission, and requesting their advice whether, under the circumstances, ' It appears from the above resolution that the deputies from Virginia did not venture to deviate from their instructions, as has been sometimes stated. 1774.] ADVICE TO THE PEOPLE OF BOSTON. 115 the inhabitants would best serve th-e common cause by quitting the town, or remaining in it, — whereupon a com- mittee was appointed to write to General Gage and urge him to discontinue the fortifications round Boston, to restore a free communication between the town and the country, and to prevent the further injuries and insults by the troops under his command. They also resolved that Congress approved the oppo- sition of the inhabitants of Massachusetts Bay to the execution of the late acts of Parliament, and that, if their execution by force should be attempted, "all America ought to support them in their opposition." By other resolutions they expressed their opinion that the removal of the people of Boston into the country should be adopted only after great deliberation ; but, in case it was found necessary, that all America ought to contribute to compensate them for the loss and injury sustained. That Congress recommended them to submit to a sus- pension of the administration of justice, when it could not be procured in a legal and peaceable manner. And lastly, that every one acting under any authority, derived from the Act of Parliament which changed the form of government of Massachusetts, ought to be held in detestation and abhorrence. Having, in their letter to General Gage, given him assurance of the peaceable disposition of the inhabitants of Boston, Congress advised those inhabitants still to conduct themselves peaceably towards that officer, and the troops stationed in Boston, as far as was consistent with their immediate safety and the security of the town. The reports made upon the rights and grievances of the colonies by the committees to whom they had been respectively referred, having been amalgamated after 116 THE RIGHTS OP THE COLONIES. [CHAP. II. they had been several days under discussion, on the fourteenth of October Congress adopted a preamble and ten resolutions setting forth the rights of the colonies. To these they subjoin a specification of the several acts of Parliament which they regard as violations of those rights, and the repeal of which they declare necessary to the restoration of harmony between Great Britain and the colonies. The rights thus asserted were as follows : 1. The right to life, liberty, and property, which they have never ceded to any sovereign power whatever. 2. That their ancestors, when they emigrated from England, were entitled to the rights, liberties and immu- nities of natural-bom subjects. 3. That by such emigration they neither surrendered nor forfeited any of those rights. 4. That the foundation of English liberty and of all government is a right in the people to participate in their legislative council ; and as the English colonists cannot be represented in the English Parliament, they are enti- tled to an exclusive power of legislation, in all cases of taxation and internal polity, subject only to the negative of their sovereigns — but from the necessity of the case and a regard to the mutual interests of both countries, they consent to the operation of such acts as are restricted to the regulation of their internal commerce, " excluding every idea of taxation, internal or external, for raising a revenue on the subjects in America without their consent." 5. That the colonies are entitled to the benefit of the English common law, especially to the privilege of being tried by the peers of the vicinage. 6. That they are entitled to the benefit of such English statutes as were in force when the colonies were 1774.] EIGHTS OF THE COLONIES. 117 planted, and which experience has shown to be suited to their circumstances. 7. That they are entitled to the immunities and privi- leges granted to them by royal charters, or secured by their several codes of provincial laws. 8. That they have a right peaceably to assemble, con- sider of their grievances, and petition the king; and that all prosecutions, &c., for the same are illegal. 9. That a standing army in any colony, without the consent of its legislature, is against law. 10. That it is necessary to good government, and essen- tial by the English Constitution, that the constituent branches of the legislature be independent of each other; that therefore the exercise of legislative power by a council appointed, during pleasure, by the Crown, is unconstitutional, and destructive to the freedom of American legislation. Of the preceding articles all were passed unanimously, except the fourth and the sixth. To the fourth the deputies ffom Massachusetts, and some of those from other colonies,' dissented, because they did not admit the right of Parliament to impose duties for the regulation of trade. This subject was very warmly debated in committee, some denjdng the authority of Parliament in any case; others denjdng it only iu taxation; and others again confining their denial to internal taxation, but admitting it when external, or for the regulation of tradei.'' ' Among them were Koger ShermaD, of Connecticut, and Christopher Gadsden, of South Carolina, according to Mr. Adams. — 11. Diary, p. 343, 379. " Vol. II. Adams's Diary, 374. 118 OBNOXIOUS ACTS OF PARLIAMENT. [CHAP. H. It does not appear on what ground there was a differ- ence of opinion as to the sixth article.^ Passing over previous infringements of their rights, they conj&ne themselves, for the present, to the notice of those acts of the legislature and government of Great Britain which have violated the rights of the colonists since the peace of 1763. These are acts of Parliament passed in the fourth, fifth, seventh and eighth of George the Third, for raising a revenue in America ; which extend the power of the admiralty courts ; deprive the American subject of the right of trial by jury ; authorise the judge's certificate to indemnify the prosecutor ; and require appropriate secu- rity from a claimant of goods seized. Also the act for the better securing His Majesty's dock-yards, &c., which declares a new offence in America, and deprives the American subject of trial by a jury of the vicinage. Also the acts for stopping the port and blocking up the harbor of Boston ; and for altering the charter of Massa chusetts ; and the act for the better administration ot justice ; Also the act for establishing the Roman Catholic religion in the province of Quebec, abolishing the equitable system of English laws, and erecting a tyranny there. Also the act for quartering ofiicers and soldiers in the colonies. Also the keeping a standing army, in time of peace, in several of the colonies. To these grievous measures they say they cannot ' Probably because it was not supported by the same self-evident and conclusive reasoning as the rest, or because it was pregnant with future controversy. 1774.] ARTICLES OF ASSOCIATION. 119 submit; but in the hope that their fellow-subjects in Great Britain will restore them to that state in which which both countries found happiness and prosperity, they will for the present enter into a non-importation, non-consumption, and non-exportation association; and prepare addresses to the people of Great Britain, to the inhabitants of British America, and to His Majesty. The articles of association, fourteen in. all, were adopted on the twentieth of October, and signed by the members. By these articles, they agreed that after the first of December they would import no British merchan- dize or tea, nor products of the British West Indies, nor wines from Madeira or the Western Islands, nor foreign indigo ; nor purchase any tea imported after that day, when they would discontinue the slave trade. From that date — October the twentieth — ^they would not purchase or use any tea on which a duty had been paid ; and fi:om the first of March they would not purchase or use any tea whatever. After the tenth day of September, 1775, if the obnoxious acts of Parliament were not repealed, they would export no merchandize to Great Britain, Ireland, or the West Indies, except rice to Europe. Merchants are required to co-operate in the execution of this non-importation agreement by giving the requisite orders to their corre- spondents abroad, and the masters of their vessels. They would endeavor to improve the breed of sheep, and to increase their number. They would encourage frugality and industry; pro- mote agriculture, arts and manufactures ; abstain from idle amusements, as cock-fighting, horse-racing, and gaming, and from useless expense in mourning and at funerals. 120 ADDRESS TO THE BRITISH PEOPLE. [CHAP. II. They would not deal with any one who took advan- tage of the scarcity of goods to exact higher prices. Special provision was made for such goods as might be imported between the first of December and the first of March following, which the owner might either reship or deliver up to a public committee. Provision was also made for the appointment of com- mittees to see to the execution of the association, and to publish the names of those who violated it. They, in conclusion, agreed that they would have no dealings or iatercourse with any colony or province in North America, .which should violate this association, which was to remain in force until the obnoxious acts of Parliament before mentioned should be repealed. On the following day' the address to the people of Great Britain was adopted. Knowing that they would offend their pride by the denial of the supremacy of Par- liament over the colonies, they aimed to soothe that pride by encomiums on their national virtues. They say, " When a nation, led to greatness by the hand of liberty, and possessed of all the glory that heroism, munificence and humanity can bestow, descends to the ungrateful task of forging chains for her friends and children, and instead of giving support to freedom, turns advocate for slavery and oppression, there is reason to suspect she has either ceased to be virtuous, or been extremely negligent in the appointment of her rulers." Referring to the conflicts and wars in which their " great and glorious ancestors" had engaged to maintain their independence, they say that the colonists, descended ftom the same ancestors, must be expected to be animated with the same spirit. ' October twenty-first. 1774.] ADDRESS TO THE PEOPLE OF GREAT BRITAIN. 121 They urged that they are entitled to the same rights as their fellow-subjects in Britain, and that as the pro- perty of the latter cannot be taken without their consent, so neither ought that of the colonists. Before the late war Great Britain was content with drawing from the colonies the wealth produced by their commerce, to which they submitted without complaint. They lay a stress on their loyal support of the British arms, which England had readily acknowledged and even reimbursed ; and they ask whence this change in their treatment? In proof of this charge they refer to the obnoxious acts of Parliament from the stamp act to the Boston port bill; to the arbitrary revocation of the Massachusetts charter ; and to . the threatening consequences of the Quebec act. They refer also to "dissolute, weak and wicked governors" set over them ; and to needy and ignorant dependants advanced to the seats of justice. They point out the dangerous consequences of those oppressive acts to the liberties of England, and say that after the colonists have been enslaved, many of them may be ready to assist in enslaving the people of Great Britain; that such a project may not seem visionary when it is recollected that the quit-rents to the Crown on this continent will, in half a century, make the king independent of Parliament. They add, that if the British people will not interfere to arrest this course of injustice and oppression, the colo- nists must then tell them, they will not be hewers of wood and drawers of water for any ministry or nation in the world. All they ask for the restoration of harmony is, to be placed in the situation they were in at the close of the last war. Knowing that the fate of Boston may become the fate 122 ADDEESS TO THE UNITED COLONIES. [CHAP. H. of all, they have resolved to live without trade rather than submit. In doing so, they regret the inconvenience that may result to many of their fellow-subjects. But they hope that the justice and magnanimity of the British nation will choose a Parliament that will restore to them their violated rights, and mutual harmony to the different parts of the British empire. • The committee who prepared this address were Mr. Lee of Virginia, Mr. Liviagston of New Jersey, and Mr. Jay of New York.^ The same committee prepared the address to the inhabitants of the united colonies.'' In this paper they declare that their duty to their creator requires they should state the causes of their pre- sent opposition to the British government. They proceed then to take an historical review of the several violations of their rights since the conclusion of the late war, which have been already mentioned ; from all which they say it is impossible to doubt that a resolu- tion had been formed by the British ministry " to extin- guish the freedom of these colonies." They then justify the moderation of the course they have pursued, first, because it best consisted with their former character for loyalty j secondly, because of the affection felt by the colonists for the people of Great Britain, and which they trust is reciprocated ; and lastly, because they believe that the commercial mode of oppo- sition, if faithfully executed, will prove efficacious. The people of the colonies are then reminded that their salvation depends on themselves ; and they are exhorted, by a regard to their honor and their dearest interests, to ' This paper was drawn by Mr. Jay of New York. ' This paper was drawn by Mr. Kichard Henry Lee of Virginia. 1774.] ADDEESS TO GEORGE THE THIRD. 123 bear their present trials with firmness ; and, extending their " views to mournful events," to be " prepared for every contingency." On the same day they passed a resolution that the seizing or attempting to seize any person to transport him beyond sea for trial, would justify, and ought to meet with resistance and reprisal. The President being rendered unable to attend the Congress by indisposition,' Henry Middleton of South Carolina was appointed in his place. A circular letter was then addressed by the Congress to the colonies of St. John's, Nova Scotia, Georgia, the East and West Indies, accompanied with an account of the measures they had adopted ; in which they solicit those colonies to concur. On the twenty-fifth, the address to the king, which had been previously recommitted, was adopted. After a detail of their various grievances, legislative and ministerial, they say " to a sovereign who glories in the name of Briton," the bare recital of these acts must, we presume, justify the loyal subjects who fly to the foot of the throne, and implore his clemency for protection against them. They insist that the present differences are in no way imputable to them. Far from promoting innovations, they have ever opposed them; "and can be charged with no offence, unless it be one to receive injuries and be sensible of them." The sensibility they have manifested is the natural result of their being bom in a land of fi:'eedom; and adverting to the Revolution, which elevated the House of Brunswick to the English, throne, they are confident ' October twenty-second. 124 VOTES OF THANKS. [CHAP. 11. His Majesty rejoices that his title to the Crown is founded on the title of his people to liberty. They advert to the designing and dangerous men by whom his authority has been abused; and add that "these sentiments are extorted from hearts that most willingly would bleed" in His Majesty's service. In asking for peace, liberty, and safety, they wish no dinunution of the prerogative, or solicit any new grant ; appealing to that Being who thoroughly searches all hearts, they solemnly assert that they have been actuated by no other motive than a dread of impending destruc- tion. In language at once humble, earnest, and fervid they conclude mth imploring the interposition of the royal authority for their relief. On the same day they passed a vote of thanks to the advocates of civil and religious liberty who have defended the cause of America both in and out of Parliam,ent. On the following day, the last of that momentous ses- sion, they addressed a joint letter to the several agents of the colonies in London, requesting them to deUver their petition into the hands of the king, and thefl, through the press, to give it general diffusion. They wish the vote of thanks to be communicated to those agents^ they should deem deserving objects of it. They are informed that Congress will meet again in May, and they are requested to transmit to the Speakers of the several Assemblies such information of the con- duct and designs of the ministry or Parliament as it may concern America to know. The address to the people of Canada, which had also ' There were seven of these agents, and two of them, Dr. Franklin and Edmund Burke, acquired a celebrity which was reached by few of their contemporaries, and surpassed by none. 1774.] ADDRESS TO THE CANADIANS. 125 been recommitted, was then adopted. One of the objec- tions which had been most frequently urged against the Quebec bill, both in England and America, was its establishment of the Cathohc religion ; but this delicate topic was carefully avoided by Congress in their address. They say that when, by the fortune of war, Canada became a part of the British dominions, they expected that as courage and generosity are closely allied, their brave enemies would become hearty friends, and would enjoy all the rights conferred by the EngHsh Constitu- tion ; but that these expectations had been disappointed by the present flagitious ministers. The first of these rights is that of choosing representa- tives, who make their laws, and who alone can take their property from them. Another is the right of trial by jury. Another is liberty of person — protected by the writ of habeas carpus. A fourth right is that of holding lands by the tenure of easy rents. The last right is freedom of the press. These valuable rights, indispensable to freedom and happiness, have been taken from them. Nor are the French laws permanently secured to the people of Canada, as they are to remain in force only until they are altered by the Governor and Coimcil. They are few in numbers compared with the colonies addressing them, and it would be far better for them to have the rest of North America fi-iends than their enemies. They say that difference of rehgion offers no obstacle to amity between them; of which the Swiss can- tons afford a memorable proof. The Canadians are then cautioned against those who, from interested motives, will oppose the object of this 126 CONGRESS CLOSES ITS SESSION". [CHAP. II. address. They are not asked to commence hostilities, but to unite in a social compact ; and, forming a provin- cial Congress, to send deputies to the Continental Con- gress to be held in May next. They give an abstract of their principal measures, one of which was an unanimous resolution, that Congress con- sidered the violation of the rights of Canadians as a viola- tion of their own. The committee who prepared this able address were Mr. Lee, Mr. Cushing of Massachusetts, and Mr. Dickin- son, who was its draftsman. Having previously appointed the tenth day of May for their next meeting, this memorable body terminated its session of fifty-two days. Let us here pause a moment to do justice to the merits of these men. Never did a deliberative body better execute the important duties that devolved upon them. Their first object was to produce unanimity at home, as the best means of obtaining a redress of their grievances, and of defending themselves, should force be finally resorted to. To effect this, their resolutions in answer to those of Suffolk ; their address to the people of the colonies ; and indeed all the other papers they published, were calcu- lated to produce entire conviction that they had been grossly injured ; and that it was the settled purpose of the British government to degrade the colonies to a state of servile dependence. They endeavored to strengthen themselves by inviting the co-operation of the other colonies, and especially of the people of Canada, who were the most numerous, and of whose ancient prejudices they were most apprehen- sive. They then made a strong appeal both to the interests, and to the sense of justice of the British nation, by their 1774.] CHARACTER OF THE FIRST CONGRESS. 127 suspension of all commercial intercourse witli them, and by the addresses to the king and the people of Great Britain. All this too was done with a force, an ability, and, at the same time, a calm dignity of manner which called forth the praises of the most distinguished men of their day,' and which has ever made the Congress of 1774, above aU others, the theme of just pride to the American people. Such were the acts of this august body of patriots ; and if, on a nearer inspection, cavillers have seen that even here the love of notoriety, the ambition of originating measures, the vanity of authorship or of oratory were exhibited in their proceedings, these instances of human infirmity ought not to deduct from our pride and admi- ration — for they were but temporary, they extended only to a portion of the body,^ and in no instance appeared to have had any influence on their measures. Where men have encountered danger and difficulty to do right, and have done it with singular sagacity and abihty, we are not warranted in looking with microscopic and envious eyes on the subordinate personal feelings which accompanied without disturbing their acts. These acts, then, are the proper objects of our regard, and they must always place the men of the first Congress in the fore- ' Edmund Burke and Lord Chatham. — See Annual Eegister and Pari. Debates. * On this subject we may cite a passage from Mr. Adams's Diary, which some may think quite as characteristic of the honest but fault- finding patriot as of those on whom he animadverts : " Monday [Sept. twenty-fourth]. In Congress nibbling and quibbling as usual. There is no greater mortification than to sit with half a dozen wits, deliberating upon a petition, address, or memorial. These great wits, these subtle critics, these refined geniuses, these learned lawyers, these wise statesmen, are so fond of showing their parts and powers, as to make their consultations very tedious." — II. Diary, p. 401. 128 MASSACHUSETTS LEGISLATURE. [CHAP. II. most rank, among the guardians of a people's rights, and the defenders of civil freedom. The papers put forth by Congress, though they all failed of their intended effect abroad, were entirely suc- cessful at home. They united the great body of the American people in one main purpose, and procured from them 'a more willing and strict obedience to the mere recommendations of Congress, than laws armed with penalties can ever enforce. In this process they had the ready aid of most of the provincial legislatures. In Massachusetts General Gage had issued writs for electing members of the legislature to meet at Salem on the first of October ; but, seeing the general temper of the people, he had by proclamation countermanded those writs. The people, however, proceeded to make the election, and the members elected, having assembled at Salem, declared themselves a provincial Congress; a result which public sentiment had already indicated. They adjourned, first to Concord, and then to Cam- bridge, where they exercised all the functions of govern- ment. Their first measures were to prepare for the defence of the province by providing military stores, and for enrolling twenty-two thousand militia — then called "minute men," and all receivers of taxes were re- quired to pay over the money collected by them to the treasurer appointed by the provincial Congress. The proclamation of General Gage, denouncing their proceed- ings, was utterly disregarded. Let us now advert to the course of the British Legisla- ture and ministry concerning America. At the meeting of Parliament on the last of November, the king in his opening speech mentioned " the daring spirit of resistance and disobedience to the law," which 1774.] LORD CHATHAM. 129 prevailed in Massachusetts Bay, which had been counte- nanced and encouraged in other colonies, and his deter- mination to support the supreme authority of Parliament over all his dominions. But notwithstanding this decla- ration there was an apparent irresolution' on the part of the ministers as to the course they meant to pursue toward America ; and they were so far from asking an increase of military force, that a reduction of four thou- sand seamen was proposed by them; and some weeks elapsed before the papers received from America were communicated to Parliament. At length William Pitt, now become Lord Chatham, who had for some time withdrawn himself from public affairs, appeared in the House of Lords, and moved an address to the king for recalling the troops from Boston. He supported it in his wonted style of lofty eloquence, and concluded in these words : "If the, ministers thus persevere in misadvising and misleading the king, I will not say that they can alienate the affections of his sub- jects, but I will affirm that they will make his Crown inot worth his wearing. I will not say that the king is be- trayed, but I will pronounce that the kingdom is undone." His motion was rejected by sixty-eight to eighteen. A petition was then presented in the House of Commons from Dr. Franklin and two other American agents, stating that the petition from the American Congress to the king which they had been authorised to present, had been referred by the king to the House, and they asked to be heard on the subject ; but, after a warm debate, a large majority decided that to hear them would be to give countenance to an illegal assembly. In February Lord Chatham brought forward a bill for ' Annual Kegister for 1775, page 44. VOL. I. — 9 130 Chatham's bill. [chap. n. settling the troubles in America, and asserting the supreme legislative authority of Great Britain over the colonies. This supremacy he broadly asserted ; but, as to taxes, he proposed that none should be levied in America, except with the consent of the provincial assemblies. The bill legalized the Congress proposed to be held in May, both for recognising the supreme authority of Par- liament over the colonies, and for making to the king a free grant of a certain and perpetual revenue, subject to the disposition of Parliament,^ and applicable to the less- ening of the national debt. It also restrained the powers of the admiralty courts within their ancient limits, and secured to the colonies their privileges and immunities. This bill, which would have fallen far short of giving general satisfaction in America, was very warmly assailed by most of the friends of the ministry, and was supported by its mover with the vigor and eloquence of his early days ; but, after a very diffuse and protracted debate, it was rejected by sixty-one votes to thirty-two. The next day the minister. Lord North, disclosed his plan of procedure towards America, which was to send a greater force thither; to interdict the Newfoundland fishery to the other colonies of New England ; and to restrict their foreign trade solely to Great Britain, Ire- land, and the West Indies. An address to the king was then moved in the House of Commons, which was a sort of manifesto of the princi- ples by which the ministry had been, and would be governed in their course towards America, and which declared that a rebellion then existed in the province of Massachusetts. In the course of the debate on this ' Annual Kegister for 1775, page 59. 1775.] north's conciliatory resolution. 131 address some of the members treated resistance by the Americans with contempt, averring that "they were neither soldiers, nor ever could be made so; being naturally of a pusillanimous disposition, and utterly inca- pable of any sort of order or discipline ;" and a general oflBcer had the presumptuous folly to declare that, " at the head of five regiments of infantry, he would under- take to traverse the whole country, and drive the inhabi- tants from one end of the continent to the other." The address was carried by a large majority, as was the bill which interdicted the fisheries and all foreign trade to the New England colonies. While these bills were under discussion, the minister excited no little surprise on both sides of the House, by offering a resolution which contained a conciliatory pro- position not widely different from that of Lord Chatham's bill. It declared that, whenever the legislature of any province proposed to contribute its proportion to the common defence, such proportion to be raised by the provincial legislature and disposable by Parliament — and also engaged to provide for the support of the civil government and the administration of justice, if such proposal should be approved by the king in Parliament, it would not be proper to levy any tax or duty on such province, except for the regulation of commerce ; the net produce of which last duty was to be carried to the account of the said province. He maintained that this proposition was in conformity with the late address made by Parliament to the king. He said that it would be a,n infallible touchstone to try the sincerity of the Americans. If their professions were real, and the grounds of their opposition such as they assert, they must agree to this proposition ; but if they were actuated by sinister motives, their refusal of 132 POLICY OF THE MINISTRY. [CHAP. II. the terms now offered would expose those motives to the world. The resolution was at first vehemently opposed by the friends of the administration ; but it was shown by one of its supporters that the dispute was now narrowed down to the question of " revenue or no revenue ;" and the minister himself admitted that he had not expected his proposition would be generally well received by the Americans, but that he intended by it to separate the grain from the chaff.' If it did no good in America, it would do good ia England; as it united England, it would disunite America. "Whatever province came first to make a dutiful offer would be kindly treated ; and if but one province accepted the offer, the whole confede- racy would be broken ; and that union, which alone ren- dered them formidable, would be dissolved : from which consideration, as well as an unwillingness to afford a temporary triumph to the opposition, the resolution was carried by a vote of two hundred and seventy-four to eighty-eight.'^ A bill was also passed for imposing the same restraints on the trade of New Jersey, Pennsylvania, Delaware, Maryland, Virginia and South Carolina, as had been im- posed on that of New England. At this session Edmund Burke brought forward his plan of conciliation, contained in thirteen resolutions, in which, leaving the question of the right of taxation unde- cided, he proposed that it should be exclusively exercised by the colonial legislatures, and that the Boston port bill, and other obnoxious acts, should be repealed. He sup- ported his propositions in one of those masterly speeches' ' Annual Eegister for 1775, page 96. ' Ibid, page 98. ' In Prior's Life of Burke, page 172, is an analysis of this speech, made by Burke himself. 1775.] Burke's proposition — hartley. 13-^ which, though little heeded by thuse to whom they were addressed, have been admired by the world as unrivalled exhibitions of philosophy, statesmanship, and eloquence. His plan of conciliation shared the fate of that of Lord Chatham, as did also one brought in by Mr. Hartley a few days after the rejection of Mr. Burke's, and which was a modification of Lord North's.^ But what could argument or oratory avail with a king and Parliament bent on bringing a distant country to their feet, or with a people aiming to lighten their own burdens by shifting them off on defenceless colonies? Meanwhile the course of events in America was has- tening that result, to which the public measures in Eng- land evidently tended. It was not to be expected that peace would long con- tinue between those who were regarded as rebellious subjects on one side, and as lawless oppressors on the other, when the opposite parties were placed side by side within the narrow limits of Boston. Indeed, with the contempt of the colonists entertained by most Englishmen at that day, for their want of miUtary knowledge, and even of personal courage, the ministry would have already resorted to measures of coercion, but for the fear of public opinion in England, especially in London, and from the desire they felt to put their adversaries in the wrong. They, moreover, as well as the Enghsh people, were now rendered more sensible than ever of the value of the colonial trade to the commerce and manufactures of England ; and that the ruinous losses to the colonists consequent on a civil war would be also .severely felt by themselves. The colonists, on their part, exasperated as they were by their sufferings and ■ Annual Eegister for 1775, page 110. 134 BLOOD FIRST SPILT AT LEXINGTON. [CHAP. H. their wrongs, besides wishing to secure a unanimity at home, and not to lessen the number of their friends in England, were not desirous of provoking hostilities which would expose them to power and resources so superior to their own. These circumstances were sufficient to delay a collision, which, however, they could not prevent. A detachment having been sent in February by General Gage to take possession of some brass cannon, which the provincials had at Salem, was refused the use of a drawbridge over which they wished to pass ; and when the officer commanding was about to overcome by force the resistance he encountered, he was diverted from his purpose by the interposition and remonstrances of a clergyman, who, at the same time, prevailed on his countrymen to let down the bridge, and thus put an end to the contest. But this open opposition to authority by the colonists was irritating to miUtary pride, and the mutual ill-will of the soldiers and the Bostonians was obviously increased by this trifling collision. General Gage having learned that there was a con- siderable deposit of provisions and military stores at Concord, where the provincial Congress sat, sent off in the night a detachment of eight or nine hiuidred men under Colonel Smith, to destroy them. But the regu- lars soon discovered, from the ringing of bells and the firing of guns, that the people had taken the alarm, and when they reached Lexington, six miles from Concord, before simrise, they there found assembled the minute- men of the town (about a hundred), who were ordered to lay down their arms and disperse. But the order not being obeyed, the soldiers fired, killed eight men, and wounded several. The detachment then marched to Concord, where they proceeded to destroy some gun-carriages, and to throw 1775.] THE SOLDIERS RESISTED AND REPULSED. 135 several barrels of gunpowder, musket-balls, &c., into the river. A party of militia, seeing some fires in the towp, were induced to approach it, and as they drew near a bridge they had lately left, the soldiers fired at them, and killed two men. The fire was returned, and a skirmish ensued, when the regulars retreated. Of these several men were killed and wounded, and a lieutenant and some others were taken prisoners. The people of the country came pouring in from all quarters, and an irregular skirmishing continued through the whole day. In the march back to Lexington the regulars were an- noyed not only by those who pursued them, but by the fire from the houses and covered places along which they passed. They would probably have all been cut off but for a reinforcement of sixteen companies of infantry, a number of marines, and two pieces of cannon, which General Gage had taken the precaution to detach early in the morning, in support of the force under Colonel Smith. The field-pieces kept the militia at a distance ; but, as soon as the regulars resumed their march, the attack was renewed, and continued until, about sunset, they reached Charlestown, opposite Boston, where they were protected by the guns of a man-of-war. In the contests of the day the regulars lost, in killed, wounded, and prisoners, two hundred and seventy-three men ; the provincials, about sixty. It is supposed that the number of regulars in this expedition was from eighteen hundred to two thousand. The first blood was now spilt in this civil contest, but no one supposed it would be the last. The news of it flew over the land as fast as expresses could carry it; and filled every bosom with patriotic indignation, and a deter- mination to support Massachusetts. The American people were also greatly encouraged by the fact that mere militia 136 OTHER COLONIES AID MASSACHUSETTS. [CHAP. II. had been able to stand the fire of regulars, and had even compelled them to retreat — a result that occasioned no less surprise to their boastful enemies than congratulation and triumph to themselves. All hopes from forbearance were now at an end, and warlike preparations were every where made with redoubled energy. The Massachusetts Congress lost no time in sending an address to the people of Great Britain, in which they proved, by a mass of testimony not to be resisted, that hostilities commenced with the regulars, whose con- duct they strongly censure. They declare that they will not submit to persecution and tyraxinj, and that they are determined to die or be free. They then organised an army of thirteen thousand six hundred men; issued paper-bills for the money they required; and passed a resolution that General Gage had disqualified himself as Governor of the province, and that no further obedience was due to him. Boston was, at that time, surrounded by twenty thousand men, who had flocked thither from different parts of New England, after the affairs of Lescington and Concord, so as to cut off from the British all supplies of provisions from the country. The Assembly of Connecticut immediately voted to raise six thousand men ; and that of Rhode Island fifteen hundred men. In New Hampshire, as a provincial Con- gress was to meet in May, the force to be there raised was left to the decision of that Congress. The people of New England, before the conflict at Lexington, believing a rupture with Great Britain inevi- table, decided on offensive measures by taking possession of Crown Point and Ticonderoga, on Lake Champlain. An expedition against those forts was planned both by Massachusetts and Connecticut; but the latter carried 1775.] CAPTURE OF TICOjSTDEROGA AND CROWN POINT. 137 its purpose into execution by Colonels Ethan Allen' and Seth Warner, at the head of parties of Vermonters. By these captures upwards of two hundred pieces of artillery, a large quantity of powder, and other military stores, fell into the hands of the Americans. Members to the Continental Congress were again appointed in all the colonies by their several legislative bodies or conventions.^ The same twelve colonies as before were represented at their meeting in Philadelphia on the tenth of May, 1775, when they again unanimously chose Peyton Randolph their President, and Charles Thomson, Secretary. During the six or seven months which had elapsed since the adjournment of the preceding Congress, the prospect of accommodation between Great Britain and the colonies had undergone material changes. Every attempt at conciliation in Parhament had been unhesi- tatingly rejected, and three-fourths of both Houses avowed their purpose of reducing the colonies to unconditional submission. The execution of these threats was indeed actually begun. Blood had already been spilt on both sides, and both were actively preparing for that encounter which now seemed inevitable. In every colony the dis- putes between its royal governor and the people were little short of open war ; and these petty fires, gleaming from New Hampshire to Georgia, plainly betokened a general conflagration. On the nineteenth of May, Randolph the President of ' The Britisli oflScer in command, taken by surprise at the summons to surrender, asked by what authority the demand was made, when Allen, in the tone of the old covenanters, replied, " In that of the great Jehovah and of the Continental Congress." ^ The convention of New York represented only the city of New York and eight counties, containing nine-tenths of the population of the colony. 138 HANCOCK, PRESIDENT. [CHAP. 11. Congress being obliged to return to Virginia, John Han- cock, of Massachusetts, was unanimously chosen to suc- ceed him. Thomas Jefferson took the place of Mr. Ran- dolph, and there soon confirmed and augmented the reputation he brought with him as an able writer, an uncompromising defender of his country's rights, and an ardent votary of civil freedom. For the first fifteen days of its session. Congress was ' employed partly in considering the various communica- tions made to them, particularly from the provincial Con- ' gress of Massachusetts, which stated what they had done ; and showed, by numerous depositions, that they had not commenced hostilities at Lexington and Concord, as had been falsely alleged ; and partly in deliberating on the state of the country. But on the twenty-sixth of May they came to an unanimous resolution that, as hostilities had already been commenced by General Gage, and rem- forcements to his army were soon expected, the colonies should be immediately put in a state of defence ; yet with a view to the restoration of harmony between the two countries, they declared that an humble petition should be gent to His Majesty, and a negotiation opened for accommodating the unhappy disputes. At the same time the Convention of New York was urged to prepare vigorously for defence, as it was very uncertain whether the efforts made by Congress at accommodation would be successful. They then addressed a letter "to the oppressed inhabi- tants of Canada," and again urged them to unite with the other colonies in defence of their common liberty — assuring them that the capture of the forts of Ticonde- roga and Crown Point were measures dictated solely by the law of self-preservation, and proceeded from no hos- tile purposes or feelings towards Canada. In accordance 1775.] -WASHINGTON, COMMANDER-IN-CHIEF. 139 with this disclaimer, when they decided on appl3dng to the New England colonies for troops to garrison their forts, they ordered an inventory to be taken of the can- non and stores there found, that they might be safely returned on. the restoration of the former harmony between Great Britain and her colonies. It would seem that these declarations were intended to put the British government off their guard, since a short time afterwards an invasion of Canada was planned, rather by way of liberating the inhabitants, than with a view to conquest — it being understood that many of them were discontented with the Quebec act, and were thought ready to unite with the other colonies. The invasion was further recommended by the consideration that the province was then feebly garrisoned ; that it con- tained large deposits of military stores; and that the pos- session of Ticonderoga and Crown Point would afford great facilities to the invaders. After adopting various measures of defence, such as collecting sulphur and saltpetre, fitting up powder-mills, and raising rifle companies, they decided on the most critical of all, the appointment of a commander-in-chief for the army that must soon be called into existence. There was at first some difference of opinion as to the individual on whom this important office should be con- ferred. While no one stood so high in public estimation as George Washington of Virginia, a few thought that General Ward of Massachusetts, who commanded the troops then investing Boston, had a prior claim;' but by the active exertions of John Adams, those scruples were overcome, and Washington was unanimously appointed. ' Among these was Mr. Pendleton of Virginia, according to Mr. Adams, who also states that Mr. Hancock aspired to the honor of the chief command. — II. Adams's Diary. 140 APPOINTMENT OF WARD, LEE, ETC. [CHAP. II. The appointment proved to be as fortunate as it was popular. Washington alone, of all Americans, distrusted his competency ; for no one of them so well knew the difficulties he should encounter, and no one had formed for himself so high a standard of excellence. His mode of accepting the appointment has, perhaps, no parallel in military annals. He begged that his declaration, that day made with the utmost sincerity, might be remem- bered — that he did not think himself equal to the com- mand he was honored with. To this rare modesty he added the equally rare disinteredness of declaring his purpose to derive no profit from his office; but, from the liberal pay that Congress had assigned to the commander- in-chief, to receive only his actual expenses. Two major-generals were also appointed. The first was Artemas Ward of Massachusetts ; and Charles Lee, who had been a lieutenant>colonel in the British service, and who had a high reputation for military talents, was the second. Horatio Gates, also an Englishman, was made adjutant-general, Philip Schuyler of New York, and Israel Putnam of Connecticut were subsequently also appointed major-generals. To these were added eight brigadier-generals, and the requisite officers of the staff. Bills of credit were then issued for two millions of dollars. After rules and regulations for the government of the army were adopted, a declaration, in the name of " the United Colonies of North America," set forth the causes of their taking up arms. In this paper, which had been twice reconxmitted, it was urged, among other grounds of complaint, that the people of Boston had entered into a treaty with General Gage, by the terms of which they, on the delivery of their arms to their own magistrates, should be at liberty to depart with their effects ; and that they had surren- 1775.] CAUSES OF TAKING UP ARMS. 141 dered their arms accordingly ; but that the General had, in open violation of the agreement, detained most of the inhabitants, and compelled the few who were permitted to retire, to leave their effects behind. They declare that "theircauseis just; their union is perfect; their resources are great; and that foreign assistance is undoubtedly attainable ; that th6 arms they have been compelled by their enemies to assume, they will, in defiance of every hazard, employ for the preservation of their liberties, being, with one mind, resolved to die freemen rather than to live slaves. They at the same time disclaim all wish to separate from Great Britain. The committee which wrote this address^ also pre- pared one to the Lord Mayor, Aldermen and Corporation of the City of London, expressing the thanks of Con- gress for the interest they had taken in the cause of the colonies. Another petition was addressed to the king, in the same tone of humihty as that of the last year, and which, on that accomit, was unacceptable to most of the members; but they consented to receive it, from the great respect felt for the many virtues and past services of Mr. Dickinson, its draftsman. If the tone of these addresses to the British monarch may now seem incompatible with the self-respect of the American people, it must be recollected that the prestige of royalty was then in undiminished strength, and that it was, moreover, the object of Congress to make friends in England, from whose aid they counted largely. In their second address to the people of Great Britain, after stating their recent causes of complaint, they deny ' It was drawn by Mr. Dickinson of Pennsylvania, with the excep- tion of one often quoted passage, which was drafted by Mr. Jefferson. 142 ARRIVAL OF HOWE, ETC., AT BOSTON. [CHAP. n. that they have aimed at independence; and they declare that they are willing to submit to " all the acts of navi- gation and trade passed before the year 1763," trusting that such of them as have -imposed unnecessary or grievous restrictions will, at some happier period, be repealed or altered. They consider the plan of concilia- tion offered by the minister, to afford them no security. The English people are again emphatically warned that their own safety depends on the maintenance of colonial rights. During these deliberations at Philadelphia, the rup- ture was widening in Massachusetts. About the last of May Generals Howe, Burgoyne, and Clinton arrived at Boston with a large number of marines and soldiers, who were followed by several regiments, so as to make the whole British force in that town not less than ten thousand men. A fortnight after their arrival, General Gage issued a proclamation, by which a pardon was offered to all who would lay down their arms, and return to their occupations, except Samuel Adams and John Hancock. Those who did not accept the offer, their aiders and abettors, were declared to be rebels and traitors. Martial law was proclaimed at the same time. These measures being regarded as indicative of imme- diate action, the provincials thought it expedient to take further precautions against the incursions of the British into the country. With this view they decided on forti- fying the peninsula on which the town of Charlestown stands, opposite to Boston. They accordingly, on the night of the seventeenth of June, sent a detachment of men to erect works on Bunker's Hill, which lies north of Charlestown. They conducted their operations with such secrecy and despatch, that a strong redoubt with 1775.] BATTLE OF BUNKEr'S HILL. 143 entrenchments was completed by daybreak.' As soon as these works were discovered by the British, they were concurrently attacked by the guns of the ships-of-war in the harbor, of floating batteries and of the works on Cop's Hill in Boston. The provincials, however, did not suffer themselves to be thus driven from their operations. It therefore became necessary to dislodge them; and this duty was assigned to Major-general Howe and Briga^ dier-general Pigot, with a body of troops which, being sub- sequently reinforced, amounted to three thousand men. In the early part of the conflict, about three o'clock in the afternoon, Charlestown was set on fire by the assail- ants, under the pretext that the troops had been fired on from the houses ; and the buildings being all of wood, the town was totally destroyed. The regulars then marched on the works, and, being allowed to approach very near unmolested, they received so destructive a fire as to be thrown into some disorder, and many of the officers were either killed or wounded. The regulars were rallied, but were again repulsed ; and it was only by a third attack that the works were finally carried. The provincials retreated over the Charlestown neck to Cam- bridge. In this action the British lost, in killed, wounded and missing, one thousand and fifty-four men, more than one- third the number engaged ; and the Americans four hun- dred and fifty men. Though the British were the victors in the contest, yet ' It seems that the works were erected on Breed's Hill, a neighbor- ing eminence, as a preferable position ; but the variance, unimportant in itself was unheeded at the time, and Bunker's Hill thus gave its name to the battle wliich ensued. The error has been sanctioned by general usage and by the noble monument that has since been erected on the spot. 144 DOCTOR WARREN. [CHAP. n. the result had been so different from their former arro- gant anticipations as to excite less exultation at their success than mortification that it had not been greater. On the part of ^e Americans, those who had previously doubted the ability of their inexperienced countrjonen to cope with disciplined veterans, now had their doubts completely removed ; so that the British victory at Bun- ker's Hill had the ordinary consequences of a defeat. The British, now in possession of Bunker's Hill, strengthened its fortifications; but they were soon as closely invested in the Charlestown peninsula as in that of Boston. Among the killed of the Americans was Dr. Joseph Warren, whose eminent talents, and devotion to the cause of his country, had induced him to assume the office of a soldier, and had procured for him the rank of General. He had the honor of being the first and only native officer of that rank who fell in battle duriag the Revolution. His fame has been ever fondly cherished by his countrymen as one of the first martyrs to American independence. Let us now revert to the proceedings of Congress. That body would have been greatly wanting in prudence if it had been regardless of the Indians, who, as auxiliaries in war, would be valuable to either party, and whom, it was understood, the British ministers would spare no pains to induce to take up arms against the colonies. Accordingly the Six Nations were for- mally and earnestly addressed^ on such topics as were likely to appeal to their interests, their sense of justice, or their sympathy ; and commissioners were appointed to negotiate with other Indian nations. ' I. Journals of Congress, page 161. 1775.] ADDRESSES BY CONGRESS. 145 Measures were also taken for training and arming the militia, comprehending all the men in the colonies between sixteen and fifty years of age' — one-fourth of whom, in each colony, to be selected as *minute-men^ — with various recommendations to the colonial assemblies or conventions on the subject of national defence. On the twentieth of July a letter was received from the convention of Georgia, informing Congress that that colony had acceded to the General Association, and had appointed delegates to Congress ; thus making the nmn- ber thirteen. Some days later they adopted an address to the Assembly of Jamaica, which had sent a deputation to the Crown in behalf of the North American colonies. The islanders are thanked for their approbation of the course pursued by those colonies, and for their friendly mediation. Congress excused themselves for including Jamaica in their non-exportation agreement, which they considered as indispensable to its efficacy. On the twenty-fifth of July a further issue of bills to the amount of one million of dollars was ordered. A post-office for all the colonies was organized, and Ben- jamin Franklin was unanimously appointed Postmaster- general. On the twenty-seventh a hospital was established for the army, and placed under regulations. On the twenty-eighth an address to the people of Ire- land was adopted by Congress. After a detailed exhibition of their wrongs, they justify themselves for suspending trade with Ireland as well as Great Britain. The address contains this remarkable ' I. Journals of Congress, page 170. " So called, because they were to hold themselves ready for military duty at a minute's warning. VOL. I. — 10 146 LORD noeth's propositions rejected, [chap. n. prediction : " We already anticipate the golden period when liberty, with all the gentle arts of peace and humanity, shall establish her mild dominion in this western worlds and erect eternal monuments to the memory of those virtuous patriots and martyrs who shall have fought, and bled, and suffered in her cause." They express lively gratitude for the friendly disposition the Irish people have always manifested ; and they touch on every topic likely to cherish the same feehng. The conciliatory propositions, as they were called by Lord North, having been referred to the consideration of Congress by the Assemblies of New Jersey, Pennsylvania and Virginia, the same were considered on the thirty-first of July; were peremptorily rejected; and were pro- nounced both unsatisfactory and insidious. Congress insisted that the monopoly of their trade was all that Great Britain ought to require, and that a further direct contribution would impose on them a double burden. That the British Parliament had no right to interfere with the provision which the colonies choose to make for the support of civil government, or the administration of justice ; and that, if the right of laying taxes was expressly renounced, instead of being only suspended, it would be insuflGcient unless it were accompanied with the repeal of other obnoxious acts of Parliament. The minister is reminded of his own declaration that "he would never treat with America till he had brought her to his feet," and that his subsequent conduct proves that nothing but their own exertions " can defeat the minis- terial sentence of death or abject submission. Congress adjourned from the first of August to the fifth of September. On that day there was a further adjournment to the thirteenth of September, when they met, and three delegates from Georgia attended. 1775.] REPRISALS AT SEA ORDERED. 147 On the thirtieth of September a committee' was appointed to proceed to Cambridge in Massachusetts, the head-quarters of the army, where General Washington had been since the beginning of July, to Confer with him, the Governors of Connecticut and Rhode Island, the Council of Massachusetts and President of the New Hampshire Convention, on the most effectual method of continuing, supporting, and regulating a continental army; and full instructions were prepared for the committee. In November Congress, having considered petitions from the Island of Bermuda representing the distress to which they were exposed by the non-exportation agree- ment, decided in Committee of the Whole, that, as the inhabitants appeared friendly to the cause of America, they ought to be supplied with such produce as was ne- cessary for their subsistence yearly — which amount is specified in exchange for salt, arms, ammunition, salt- petre, &c. — and which was to be distributed among the middle and southern colonies — and that they should be supplied with other necessaries whenever the quantity required was ascertained.'*' On a representation from General Washington, that ves- sels regularly cleared out at the custom-houses had been seized, while on their voyages, by the British ships-of-war. Congress decided on reprisals at sea against all public ships and transports ; and they determined the several shares of the captors of such vessels. A day or two sub- sequently they adopted rules and regulations for the navy of the united colonies. Amid their multifarious duties of superintending all military operations, making disbursement of money, and ' The committee consisted of Messrs. Lynch, Franklin and Harrison. — I. Journals of Congress. ^ I. Journals of Congress, page 280. 148 SHIPS-Or-WAR FITTED OUT. [CHAP. II. corresponding witli the new functionaries of all the colo- nies, they found time to notice a royal proclamation issued by the British government in August, which ex- cited their sensibility by its charging them with being rebels, and with disregarding their allegiance. They, therefore, after vindicating their course, formally declared that any punishments inflicted by their enemies for ad- hering to the cause of the colonies should be retaliated on those who are in their power. On the thirteenth of December thirteen ships-of-war were ordered to be fitted out — five of thirty-two guns, five of twenty-eight guns, and three of twenty-four guns. The common danger which threatened the liberties of America did not prevent a bitter contest on the frontiers of Pennsylvania between inhabitants of that colony and of Connecticut, who set up conflicting claims to lands in the vicinity under their several charters. The dispute had proceeded so far as to cause bloodshed, and it having been brought to the notice of Congress by the deputies from those colonies. Congress earnestly recom- mended to the parties to suspend their controversy until the present difficulties with Great Britain were settled, when they could be fairly litigated. They further recom- mended that the property of which persons had been dis- possessed by either party should be restored to the original holders. They also resolved that if General Washington and his council of war should thiak that a successful attack could be made on the troops in Boston, he might make it in any manner he thought expedient, though the town and the property in it should be destroyed. Let us now revert to the progress of the dispute in the separate provinces. As Massachusetts had been, from the occurrences 1775.] MEASURES IN THE SEVERAL PROYINCES. 149 already mentioued, first brought into open collision with Great Britain, and had most experienced the resentment of her ministers, the purpose of separation seems to have been first regarded as probable in the New England pro- vinces. The sympathies of their people were strongly excited by the attack of the regulars at Lexington ; and men taking up arms, hastened to the aid of Boston from aU the adjoining provinces. The first open act of hostility in New Hampshire was in December, 1774, after intelligence was received that the exportation of gunpowder and military stores from England to the colonies was prohibited ; and that troops were daily expected from Boston to take possession of Fort William and Mary, at the entrance of Portsmouth harbor. A party of the colonists secretly possessed them- selves of the fort, and carried off one hundred barrels of powder. The next day fifteen of the lightest cannon, and all the small arms and ammunition were removed. Major John Sullivan and Captain John Langdon were the leaders in this afiair.^ They both were conspicuous in the subsequent history of the Revolution. After Lord North's conciliatory propositions arrived, Governor Wentworth summoned the Legislature to act on them. The Assembly asked time for consideration. Some collision having then taken place between that body and the Governor concerning three expelled members, and the people exhibiting signs of violence, he adjourned the Assembly, and retired to the fort ; after which his house was attacked and pillaged.. From the fort he again adjourned the Assembly to the twenty-eighth of Septem- ber, and then to April, 1776, which was his last act. He left New Hampshire for Boston in August, 1775. ■ II. Belknap's History of the Kevolution in New Hampshire, p. 376. 150 MEASURES IN THE SEVERAL PROVINCES. [CHAP. II. In Connecticut and Rhode Island, the Governors being chosen by the people under their old charters from Charles the Second, there was no collision between them and the people of those colonies. In the middle colonies the unwillingness to separate from Great Britain was greater than in the colonies either to the north or south. One reason probably was that in this division were the towns of New York and Philadelphia, which greatly profited by their trade to England, and which contained a larger proportion of English and Scotch merchants, who, with few exceptions, were attached to the royal cause. Governor Tryon, of New York, took refuge on board a man-of-war in September or October, 1775. In Virginia, the Governor, Lord Dunmore, having withdrawn the gunpowder from the magazine belonging to the colony, a great ferment was thereby excited, and Patrick Henry, at the head of some volunteers, marched towards Williamsburg, and compelled the king's receiver to give bills of exchange to the value of the powder removed. The popular excitement in Williamsburg induced Dunmore to betake himself to the Fowey man-of-war in York river. On his refusal to return, at the instance of the House of Burgesses, that body proceeded to act as an independent Legislature. After Dunmore retreated to the man-of-war, and was joined by such of the inhabitants of Virginia as had taken sides with Great Britain, he endeavored to exercise his remnant of power in annoying those whom he could no longer govern. By offering freedom to the slaves, he induced many to run away from their masters and repair to his standard. He furnished them with arms, and with this motley force, aided by the ships at his command, he 1775.] LORD DUNMORE. 151 carried on a predatory war against the country lying on the Chesapeake Bay and the great rivers. He attempted to get possession of the town of Hampton, but the inha- bitants, being reinforced from Williamsburg, repulsed him. He then proclaimed martial law, and declared all who did not repair to his standard traitors. A body of troops, under Colonel Woodford, was despatched to oppose him ; and they had an engagement at the Great Bridge on Elizabeth river. A company of British grenadiers, attempting to storm a breastwork, were repulsed, and every man was killed or wounded. Dunmore then thought it prudent to evacuate Norfolk, and to betake himself to his ships. The American soldiers having provoked the British ships in the harbor of Norfolk by firing at them, they in return, under the cover of a heavy cannonade from their ships, landed a force, and set fire to the houses nea,r the river from which they had been annoyed. The fire extending, about three-fourths of the town were thus consumed ; and the remainder was destroyed by American troops to prevent it from affording a shelter, or becoming a convenient port to the enemy. This was by far the largest and most commer- cial town in Virginia. Dunmore still continued his ravages, imtil wearied with efforts as unprofitable as inglorious, he sent off his colored adherents to Florida. Governor Martin, of North Carolina, to defend him- self from the rising spirit of the people of that colony, first fortified his house at Newbern ; then fled to the fort at the mouth of Cape Fear Kiver, and lastly to a man- of-war. He left his government in July, 1775. Lord William Campbell, the Governor of South Caro- lina, lost the popular favor he had once possessed by tampering with the Cherokee Indians, and by his intrigues 152 ROYAL AUTHORITY TERMINATED. [CHAP. II. with disaffected colonists. He also took refuge in a ship-of-war. Sir James Wright, the Governor of Georgia, was made a prisoner in his own house in January, 1776, but sub- sequently effected his escape to a ship in Savannah River. In New Jersey and Pennsylvania a majority of the people were at first not only opposed to independence, but also opposed to the leading measures of Congress. Yet in each province a local legislature was established, which finally superseded the royal authority. In Penn- sylvania the people, in 1775, elected members to a Con- vention, which was at first opposed by the Legislature, and for a time both bodies continued to meet, until at last the Legislature could not obtain a quorum. Early in 1776, "William Temple, the Governor of New Jersey, who was the son of Dr. Franklin, was made a prisetner in his own house by the Provincial Congress. He was sub- sequently released, was again imprisoned, and sent to Connecticut. Thus in the beginning of 1776 all the representatives of royalty in those colonies had abdicated their govern- ments, and ceased to exercise any authority, except on an insignificant number of adherents. How were these proceedings of Congress received in England ? Parhament met on the twenty-sixth of Octo- ber, 1775. The king stated to the two Houses that he had called them together on account of the present state of things in America; that the people' there had been, by gross misrepresentations, deceived into open revolt and rebelUon, raised troops, and exercised all the powers of government ,' that they had sought to amuse by ex- ' Annual Kegister for 1775, page 269. ing of a member from each State, should be appointed to devise some compromise of the question. Mr. Gouverneur Morris, in supporting the motion, descanted on the importance of checking the excess of the democratic spirit which he said had, in the State Legislatures, produced precipitation — ^in Congress, change- ableness; in every department, excesses against personal liberty, property, and safety. The checking branch must have a personal interest in restraining the other branch. If the second branch is to be dependent, we are better without it. To make it independent, its members should be elected for life. He thought the aristocratic interest and the popular interest would check each other. He dilated upon the advantages of this plan by giving sta- bility to the government, respectability abroad, and by oflfering rewards to ambition. The question of the com- mitment received the votes of all the States, except New Jersey and Delaware. On the fifth of July, the committee, in their report, proposed that, in the first branch of the Legislature, each 17S7.] COMPROMISE AMONG THE STATES. 361 State should have a member for every forty thousand inhabitants; that money-bills should originate in this branch; and that, in the second branch, the States should have equal votes ; but that neither of the propo- sitions was to be adopted singly. This compromise had been suggested in the committee by Dr. Franklin ; and it received the bare acquiescence of the members from the larger States. The whole subject was again fully discussed in the convention by Mr. Madison, Mr. Butler, and Mr. G. Mor- ris, in opposition to the report ; and by Mr. Bedford, in defence of the small States. He took occasion to say that he had been misapprehended ia what he had said regarding foreign nations; and he excused himself for the introduction of the topic by the warmth of his feelings. After much discussion on the various parts of the report, as to the number of representatives, the principle that population, instead of contribution, should determine the number of delegates from each State, and the effect of the provisions regarding money-bills as a concession to the large States — on the question concerning money-bills there were five ayes in favor of the report, three noes, and four States divided. The question was considered as carried. On the question of allowing an equality of votes in the second branch, there were six ayes — Pennsylvania, Vir- ginia, and South Carolina, no — and Georgia divided. It was then settled, after the appointment of two com- mittees, and much discussion, that the first branch, or House of Representatives, should at first consist of sixty- five members, which were distributed among the States according to their supposed numbers, counting five slaves as equivalent to three free persons; and this 362 REPRESENTATION FOR SLAVES. [CHAP. IV. apportionment received the support of nine States ; South Carolina and Georgia voted in the negative ; and New Hampshire was unrepresented. On the question of agreeing to the whole report, as amended, there were five ayes, Connecticut, New Jer- sey, Delaware, Maryland, and North Carolina ; Pennsyl- vania, Virginia, South Carolina, and Georgia, no ; Massa- chusetts divided; New Hampshire and New York not voting : and thus this delicate and irritating question was put to rest, though by a majority of votes represent- ing a minority of the people. In counting three-fifths of the slaves to determine the number of delegates to which each State was entitled, there was a discrepancy of interests among States altoge- ther different from that which had divided them on the question of the votes of the States in the Senate. Mr. Patterson, of New Jersey, was against allowing any representation to a State for its slaves. He could regard them only as property. As they are not represented in the State government, neither ought they in the General government. He was also opposed to such an indirect encouragement of the slave trade. Mr. King urged that the four Eastern States, having eight hundred thousand inhabitants, have one-third fewer members than the four Southern States, with only seven hundred thousand, rating the blacks as five to three.' ' In the facts here assumed by Mr. King, he was egregiously mis- taken. Under the first distribution of representatives in Congress, the New England States were entitled to seventeen members; and the four SoutKern States, including Kentucky and Tennessee, to twenty-seven members. But according to the census of 1790, the population of the New England States was 726,275 And that of the Southern States, including Kentucky and Tennessee, as before, was 1,473,680 By the apportionment then made, the last-mentioned States were enti- 1787.] REPRESENTATION FOE SLAVES. 363 The members from South Carolina thought that all the slaves should be counted; which was opposed by the members from Massachusetts. Mr. Mason was opposed to it, though advantageous to Virginia, because he did not consider it just. Each party taxed the other with inconsistency, when the subject of taxation was under consideration — the Eastern States then regarding the labor of blacks as equal to that of whites, and the Southern States main- taining that it was greatly inferior. On the question of rating their numbers fuUy, there were seven noes; Delaware, South Carolina, and Geor- gia, in the aflSrmative ; New York was not represented. Mr. King was against reckoning the slaves. It would excite great discontent among the States having no slaves. Mr. Wilson was disposed to admit a portion of the blacks in the enumeration, by way of compromise ; but apprehended that their admission would give disgust to the people of Pennsylvania. Gouverneur Morris said he was reduced to the dilemma of doing injustice either to the Southern States, or to human nature ; and he must therefore do it to the former. He could not consent to encourage the slave-trade, by allowing those States a representation for their slaves. On the question of including three-fifths of the slaves, Connecticut, Virginia, North Carolina, and Georgia, voted ay ; the other States no ; New Hampshire and New York were unrepresented. Mr. Davis, on a subsequent day, remarked that it was obviously meant by some to deprive the Southern States tied to thirty-seven members, and the New England States to twenty- seven ; thus indicating that, in the distribution of members to the &st Congress, they received a somewhat larger proportion than they were entitled to. 364 MUTUAL JEALOUSIES OF THE STATES. [CHAP. IV. of any share of representation for their blacks. He was sure that North Carolina would never confederate on any terms that did not rate them at least at three-fifths. Gouverneur Morris said he came there to form a com- pact with all the States. If all would not, he was ready to join those that would. But it was vain for the Eastern States to insist on what the Southern States would never agree to; and he verily believed the people of Penn- sylvania would never agree to a representation of negroes. It was moved by Mr. Ellsworth, that the rule of con- tribution by direct taxation should be the number of white inhabitants, and three-fifths of every other descrip- tion, in the several States, according to a census to be taken periodically — six ayes; New Jersey and Delaware, no ; Massachusetts and South Carolina divided. It appeared that there was not only a jealousy felt by the small States against the large, and by the slave- holding States against the States without slaves, but by the Atlantic States against the new States which would hereafter be formed in the "West. This was first noticed in the convention by Gouvemeur Morris, who thought the rule of representation ought to be so fixed as to secure to the Atlantic States a predomi- nance in the National Council. A part of the Massachusetts delegation, and of that from South Carolina expressed the same sentiments. They were, however, opposed by Mr. Mason and Mr. Madison; and, on the motion of Mr. Gerry, that the representatives of the States hereafter admitted into the Confederacy should never exceed in number the repre- sentatives from such of the States as should then accede to this Constitution, Massachusetts, Connecticut, Dela- ware, and Maryland, voted ay; New Jersey, Virginia, 1787.] EXECUTIVE POWER. 365 North Carolina, South Carolina, and Georgia, no ; Penn- sylvania was divided. The subject of the Executive power was one which gave rise to much discussion, from the great diversity of views entertained by the members, as well as from the importance and inherent difficulty of the subject. There was at first a preference, by a few of the mem- bers, for a plural Executive ; but when the proposition contained 'in the resolutions brought forward by Mr. Pat- terson, that the national Executive should consist of a single person, was proposed, it was agreed to without opposition or debate. The important points to be settled were, the mode of appointing the Executive, the extent of his powers, and the tenure of his office. Mr. Patterson's resolution proposed that the Executive should be chosen by the National Legislature. This was opposed by Gouverneur Morris. He preferred an election by the people, who, he said, would not fail to elect some man of continental reputation ; whereas, an election by the Legislature would be the work of intrigue and faction. Mr. Sherman preferred an election by the Legislature, because the people would not have the requisite informa- tion, and would never concur in a majority. They would generally vote for a citizen of their own State. Mr. Wilson was in favor of an election by the people. La answer to the objection drawn from the example of Poland, he showed the difference between an election in this country and that. There the election is made by nobles, who are backed by dependants. This leads to civil commotion; and the election is, moreover, at a single place — neither of which sources of danger would exist here. It might be provided that a majority of voices 366 ELECTION OF THE EXECUTIVE. [CHAP. IT. should decide the election, though it was not a majority of the people. To give the election to the Legislature would make the Executive dependent on that body. Mr. Pinckney was much opposed to an election by the people. They would be led by a few artful men; and the most populous States would, by combining in favor of the same individual, carry the election. Gouverneur Morris answered the objections, and said an election by the Legislature would be really like an election in Poland. "Appointments made by numerous bodies are always worse than those made by single respon- sible individuals, or by the people at large." Mr. Mason was decidedly opposed to a popular elec- tion, which he likened to referring a trial of colors to a blind man. Mr. Williamson took the same ground, and said the difference between the two modes was the difference between an appointment by lot and by choice. The people will always vote for some man in their own State. On the question of an election by the people, there was but a single affirmative vote, Pennsylvania; and nine noes ; New York still absent. On the question of a choice by electors appointed by the State Legislatures, Delaware and Maryland voted in the affirmative ; eight in the negative. On the question of a choice by electors chosen by the the National Legislature, such choice was voted unani- mously.' But on further consideration, this mode of appointment seemed repugnant to that independence of the Legisla- ' It was not then foreseen that this mode of choice would not_ essen- tially differ from that which had been rejected by every vote but one. No one would have been appointed as an elector, who was not previously known to support the wishes of the Legislature. 1787.] ELECTION BY ELECTORS. 367 ture which they all wished to confer on the Executive ; and two days subsequently, on the motion of Mr. Martin, to reverse a previous vote, and to make the Executive ineligible a second time, the mode of appointment was reconsidered. Gouverneur Morris dwelt on the importance of making the Executive Magistrate independent of the Legislature ; and he saw no way of effecting this, but either to give him his office for life, or to make him eligible by the people. Mr. Randolph preferred an election of the Chief Magistrate by the Legislature, and making him not re- eligible. Messrs. King, Patterson, Wilson, and Madison, all pressed an election by the people, or by electors ; and it seemed to be agreed by all, that if he were elected by the Legislative branch, he should not again be eligible. Mr. Ellsworth proposed that he be elected by electors appointed by the State Legislatures, in a ratio varying from one elector to three in a State. For the appointment by electors there were six ayes, and three noes; North Carolina, South Carolina, Geor- gia ; — Massachusetts, divided. On their appointment by the State Legislatures, there were eight ayes ; Virginia and South Carolina, no. The part relative to the proportional votes of the States in the choice was postponed. The next day — the twentieth of July, Mr. Gerry pro- posed that there should be twenty-five electors, who should be distributed among the States, in the first in- stance, in the proportions designated. Six States voted in favor of it; New Jersey, Delaware, Maryland, and Georgia, no. On the twenty-fourth of July, the mode of appointing 368 ELECTION OF THE CHIEF MAGISTRATE. [CHAP. lY. the Executive was again reconsidered, on the ground of drawing together men from all the States, for the single purpose of electing the Chief Magistrate. He proposed that the National Legislature should appoint the Execu- tive. Mr. Gerry was opposed to that mode ; if it prevailed, the Executive must be made ineligible a second time, to which he objected. Mr. Strong thought there was no necessity of making the Executive not re-eligible, as he would not depend on the same set of men who gave him the first appointment. Mr.Williamson was for making the Executive not re- eUgible. He declared a preference for a plural Execu- tive. A single Magistrate will be an elective king, and will feel the spirit of one. He will spare no pains to keep himself in for life, and will then lay a train for the succession of his children. It was pretty certain, he thought, that we should, at some time or other, have a king ; but he was for taking every precaution to postr pone it.^ * For the appointment by the National Legislature, seven ayes; Connecticut, Pennsylvania, Maryland, and Virginia, no. The consideration of the re-eligibility of the Executive, and the term of his ofRce, was then postponed. This vacillation of the convention, as well as the tenor of the debates themselves, showed how perplexing a sub- ject they found the Executive branch of the government. Mr. Wilson had such objections to an election by the Legislature, that he would prolong the term of service to almost any length, to get rid of the dependence which ' If, as Burke says, the people of this country snuff the approach of tyranny in every tainted gale, they sometimes allow their imaginations to perceive it in breezes that are perfectly innoxious. 1*87."] ELECTION OF THE CHIEF MAGISTRATE. 369 must result from that mode of election. He suggested a choice by a small number of the Legislature, say fifteen, to be drawn by lot. Gouverneur Morris vehemently objected to an election by the Legislature. Some leader of a party will always covet his seat ; will perplex his administration ; will cabal with the Legislature, till he succeeds in supplant- ing him. He referred to the party intrigues in England to get rid of a minister. He considered that making that officer ineligible a doubtful and unsafe remedy. He will wish to continue in office, and if you close the road to his object, he will open it with the sword of which you put him in possession. He regarded this as the most difficult part of the Constitution. Make him too weak, and the Legislature will usurp his power ; make him too strong, and he will usurp on the Legislature. Mr. Ellsworth again proposed an election by the Na- tional Legislature, except when it was proposed to re-elect the former Executive, in which case there should be electors appointed by the State Legislatures. In the course of the discussion, Mr. Madison remarked that there were objections against every mode that had been, or perhaps can be proposed. He reviewed the dif- ferent modes, and stated the objections to each. He pre- ferred an appointment by electors, as least exposed to cabal or corruption. For Mr. Ellsworth's motion. New Hampshire, Connec- ticut, Pennsylvania, and Maryland; the other States, no; New York, absent. Mr. Butler was against a re-eligibility, and an election by the Legislature, and a ratio of votes in the States. In this case they should have equal votes. Gouverneur Morris was against a rotation. It always produces instabiUty of councils; it will not prevent in- voL, I. — 24 370 ELECTION OF THE CHIEF MAGISTRATE. [CHAP. Mr. trigues. He thought an election by the Legislature the worst of all modes. Mr. Williamson was also opposed to it. He suggested that every man should vote for three candidates ; one of them would probably be of his own State ; the other two from other States. Gouverneur Morris approved of this expedient, and proposed that each man should vote for two persons, one of whom, at least, should not be of his State. Mr. Madison approved of the suggestion. Mr. Gerry still dwelt on the ignorance of the people as disqualifying them from making the election. They would be under the influence of men acting in concert, such as the Society of the Cincinnati, who, he. thought, would thus always elect the Chief Magistrate. Mr. Dickinson was decidedly in favor of an election by the people. He said that the people of each State would choose its best man, and the people of all the States would choose one of the thirteen thus selected. Mr. Mason noticed the several modes of election that had been proposed, with the objections to them. Advert- ing to Mr. Williamson's, of each man voting for several candidates, he admitted it was plausible, but liable to the insuperable objection of throwing the appointment into the hands of the Cincinnati. He concluded with moving that the Executive be chosen by the Legislature for seven years, and be then ineligible. For this there were seven ayes; Connecticut, Pennsyl- vania, and Delaware, no ; Massachusetts not voting. The provisions of the new Constitution which had been agreed to by the convention were referred, on the twenty-third of July, to a committee of detail, on whose report the whole was subjected to reconsideration; and on the twenty-fourth of August, on resuming the 1787.] CHOICE BY ELECTOES. 371 subject of the Executive, it was again moved to give the election to the people : but the motion received the votes of only Pennsylvania and Delaware ; nine States voting in the negative. There was a difference of opinion as to whether the votes of the two branches of the Legislature should be joint or separate, and as to the relative votes of the States. The election by electors to be chosen by the people was also negatived by six votes to five. The subject was resumed on the fourth of September, and the mode of election subsequently adopted was pro- posed by a committee of eleven. The subject, after some discussion, was again postponed. Two days subsequently different propositions were made, in case of the failure of the electors to elect, all of which were disagreed to. On the sixth, the plan of choosing by electors was car- ried by nine States to two — North and South Carolina ; and, in case they did not elect, referring the election to the Senate from the five highest on the list of candidates. Mr. Williamson proposed that, in such cases, the elec- tion should be by the House of Representatives, each State having one vote ; to which all the States assented, except Delaware. It was further provided that a quorum for such elec- tion should consist of a member or members from two- thirds of the States : and thus this perplexing subject was brought to a close, in the form it was finally made to assume : but this part of the Constitution, it deserves to be remarked, is the subject of one of the only two amend- ments which have been made to that instrument; and the particular provision of voting for two persons, one of whom was not to be of the same State as the voter — which was received with peculiar favor, as effectually 372 POWERS OF THE EXECUTIVE. [OHAP. EV. counteracting local predilections — was the part which was found dangerous in practice, and most loudly de- manded the amendment ; so short-sighted are the wisest in their speculations concerning government. Ahout the po"wers of the Chief Magistrate there was less disagreement. Some were disposed to give to the Senate the exclusive power of appointment ; but it was decided to give it to the Executive, requiring, however, the concurrence of the Senate. All treaties were to be made by the Executive, but to require the concurrence of two-thirds of the Senate. A qualified negative on all legislative acts was given to the President, so as to make two-thirds of each branch of the Legislature necessary to pass any law to which he had refused to give his sanction. Some few would have given him an absolute negative ; and some would have required three-fourths of the Legislature instead of two-thirds. The President alone might fill all vacancies that hap- pened during the recess of the Senate ; and the persons thus appointed remain in office till the end of the next session of the Senate. He has the power of pardon, except in cases of impeachment ; is Commander-in-chief of the army and navy, and of the militia when called into service ; and on him devolves the general execution of the laws. He may convene the Legislature, and, in case of disagreement of the two Houses, may adjourn them. When powers so large were conferred on the Chief Magistrate, the tenure of his ofiice, and the term for which he held it, excited as much interest as the mode of his appointment ; and in the minds of most of the members, the decision of these last questions influenced their opinions and votes on the mode of appointr ment. 1787.] POWERS OF THE FEDERAL GOVERNMENT. 373 By the resolutions submitted by Mr. Randolph, the Executive was to continue in office seven years. Mr. M'Lurg, of Virginia, moved to substitute good behaviour for seven years. His motion was supported by Gouvemeur Morris and Mr. Madison. This proposal received the support of New Jersey, Pennsylvania, Delaware, and Virginia; the other six States present voted no. The motion to strike out the clause making the Presi- dent ineligible for a second term had been previously agreed to. The term reduced to six years — nine States ay, Dela- ware no. Mr. Pinckney proposed that the Executive should serve not more than six years out of twelve — five ayes, six noes. On the fourth of September, his term was reduced to four years. In forming this Constitution, the convention found incalculable advantages from the light which the actual experience of the Confederation had afforded, especially in the distribution of the powers between the General government and the separate States. About the powers conferred on the General govern- ment, there was not a great contrariety of views. All concurred that the entire regulation of commerce should be given to the Federal government, with the power to declare war, to raise armies and navies, and to levy taxes on the citizens of the several States ; to estabUsh a posi>office; to coin money, and to regulate its value; and to pass naturalization laws. The points on which there was a difference of opinion were, comparatively, of minor importance. 374 miscellant;ous provisions. [chap, rv. It was proposed to prevent Congress from enacting a navigation law without a majority of two-thirds, or three- fourths ; but it was rejected : and the power of creating corporations, as well as that of taxing exports, both of which some had wished, were expressly prohibited. The peculiar interests of the slave-holding States were regarded in an express provision that fugitive slaves should be delivered up on the claim of the master ; and from a regard to the earnest wishes of South Carolina and Georgia, Congress engaged not to prohibit the impor- tation of slaves before 1808, and not to lay any tax on such importation exceeding ten dollars for each person. Such acts of the States as were inconsistent with the powers granted to the Federiil government were expressly prohibited, as laying duties on imports or exports, or ton- nage duties; keeping troops, or ships-of-war, in peace; engaging in war, unless invaded; or making any treaty; issuing bills of credit ; coining money ; making any thing but gold and silver coin a legal tender ; passing any bill of attainder, or ex post facto law, or any law impairing the obligation of contracts. In their jealousy of privileged classes, both governments were expressly forbidden to grant any order of nobility — an interdict which seems, at the present day, as complete an act of supererogation as it would have been to forbid the introduction of the Mahomedan religion. But on the distinctions of rank, and the subject of government, men's minds have since undergone a great change. Several of the members avowed a theoretic pre- ference for monarchical government, and one of the ablest men in the body had strong doubts about the etfi- ciency and endurance of any other. In the early dis- cussions relative to the fundamental principles of the Constitution about to be formed, Mr. Hamilton submitted 1787.] VIE-WS OF ALEXANDER HAMILTON. 375 his views in a paper carefully prepared, the principles of which he explained and defended in a Igng and able speech. In this plan he proposed that the members of the second branch of the Legislature (the Senate) should hold their seats during good behavior, and that the Chief Magistrate, whom he proposed to call Governor, should hold his office by the like tenure, he not deeming any shorter or more precarious term of office sufficient to secure to these two important branches the requisite independence against the excesses and encroachments of democracy. It has seemed strange to some that a mind like that of Alexander Hamilton, exhibiting proofs of such ability as he has done in his masterly report on the finances of the United States ; on the mint, the bank, and above all, in that on manufactures, to which its anxious friends have, for thirty or forty years, not been able to add an argu- ment — that a mind so powerful and t^ell endowed should have more than doubted the success of a plan of govern- ment which has given to the American people peace, safety, glory, and prosperity beyond the most sanguine hopes of its authors, is regarded by some as a curious intellectual phenomenon. The solution of it, however, is to be found in the circumstances of the times. The pressure of the war and the issue of paper-money had not only produced, as we have seen, general pecu- niary distress, but had also occasioned a laxity of morals on the subject of debts and property ; and these conse- quences of a particular course of events were regarded by many as mere manifestations of human nature in general, against which a wise government should especially guard. The insurrection in Massachusetts, the clamor for further issues of paper-money in many of the States, and for 376 ANTI-REPUBLICAN" SENTIMENTS. [CHAP. IV. unjust tender laws — the natural result of the impoverish- ment and demoralization caused by the Revolutionary struggle — were ascribed to the spirit of democracy, which then had a more unrestrained action, as is apparent from many passages in the debates; and that spirit was deemed, therefore, to require strong and efficient checks. Nor did they who thus reasoned seem fully to appreciate the self-healing virtues which, in the body politic as well as the body natural, cures more diseases than the physician or statesman. Hence the unfavorable auguries which Mr. Hamilton and a few others conceived of the new govern- ment, and which differed in so many essential points from that form of government which eminent foreign, as well as British, writers had made the theme of elaborate panegyric. It is no just reproach to these men that they were mistaken on a subject in which experience is the only safe guide, and in which the most astute minds, trusting solely to their own speculative reasonings, have proved, on trial, so utterly incompetent. While Mr. Hamilton did not think favorably of repub- lican government, and with manly frankness stated his views, he with the same lofty integrity and patriotism aided in carrying the government into execution, and contributed, when it went into operation, more than any other individual, to make it stable, practical, and efficient. He avowed, that though he did not approve of the plan of government adopted, he was determined, so far as he could, to give it a fair chance ; and no one could, accord- ing to his notions of good government, have more faith- fully carried out his purpose. We have now followed the deliberations of the conven- tion in forming the principal features of the new Consti- tution, which were the result partly of the settled opinions 1787,] CONVENTION CLOSES ITS SESSION. 377 of a majority of the members, and partly of mutual con- cessions. The more essential part of their arduous labors having thus been brought to a close, a committee of five was appointed to revise the style, and arrange the articles of the Constitution ; and on the twelfth of September, the committee made their report. After undergoing some minor amendments and alterations, it was adopted and signed on the seventeenth of September, by all the mem- bers present except three, Messrs. Kandolph and Mason, of Virginia, and Mr. Gerry, of Massachusetts.' Mr. Randolph having expressed his dissatisfaction with the large grant of powers to Congress, proposed that the State conventions might suggest amendments, to be decided on by another general convention. Un- less this were done, he could not put his name to the instrument. ' The plan of this work allowed the author to give but a summary view, and he fears a very imperfect one, of the memorable convention wTiich settled the fundamental polity of the tens, perhaps hundreds, of millions who are to constitute this confederate republic. Those who desire to see its proceedings more in detail will have their wishes amply gratified by referring to Mr. Madison's very copious history of its acts and debates. Though that able statesman took a leading part in the deliberations and discussions of the convention, he found time to report, with minuteness and accuracy, not only all which was enacted by that body, but also (what is often equally interesting) all that it refused to enact ; and by giving the propositions and the reasons of the individual members, he has traced the process of every provision from its first sug- gestion until it was finally matured. He thus exhibited a degree of patient labor, of which, under similar circumstances, there is, perhaps, no example. In the discharge of the arduous duty he had undertaken, which continued for four months, he says that " he was not absent a single day, nor more than the casual fraction of an hour in any day." — II. Madison's Debates, page 719. 378 REASONS FOR REFUSING TO SIGN. [CHAP. ly. Mr. Mason took similar ground. The Constitution had been formed without the knowledge or idea of the people. He could not support it in Virginia, or sign it here. After another convention, he could sign. Charles Pinckney spoke of the danger and confusion that would arise from a second convention. He had several objections to the Constitution, but should support it, from the danger of a general confusion. Mr. Gerry stated, in detail, his reasons for withholding his name. First, the duration and re-eligibility of the Senate ; second, the power of the House of Representa- tives to conceal their journals ; third, the power of Con- gress over the places of election ; fourth, their unlimited power over their compensation ; fifth, that Massachusetts had not her full share of Representatives; sixth, that three-fifths of the blacks are to be represented ; seventh, that under the power of regulating commerce, monopolies may be created ; eighth, the Vice-President is made the head of the Senate. These he could have been reconciled to, if the rights of the citizens were not rendered inse- cure — first, by the power of the Legislature to make what laws they deem "necessary and proper;" secondly, to raise armies without limit ; thirdly, to establish a tri- bunal without juries — he therefore thought it best to provide for another general convention. To Mr. Ran- dolph's proposition, all the States answered no. To the question of agreeing to the new Constitution, all answered ay. On the seventeenth of September, Mr. Wilson read a written speech, which Dr. Franklin had prepared, in favor of adopting the Constitution ; though there were several parts which he did not approve, but he was not sure he should never approve them. Mr. Gorham proposed there should be a change in the 1787.] PROCEEDINGS OF FORMER CONGRESS. 379 limitation of the number of Representatives, from one to forty thousand to from one to thirty thousand. General Washington spoke in favor of it. It was unanimously adopted. Mr. Randolph apologised for still refusing to sign, add- ing' he did not know that he should oppose the Consti- tution without doors. He meant merely to leave him- self free. Mr. Gouverneur Morris and Mr. Williamson both ex- pressed their intention of signing, though they had objections. Mr. Hamilton expressed his anxiety that every mem- ber should sign. No man's ideas were more remote from the plan than his own ; but he could not hesitate between anarchy and convulsion, and the chance of good to be expected from the plan. Mr. Gerry feared a civil war might result from the present crisis. There were two parties in Massachusetts : one devoted to democracy, the worst of all political evils ; the other as violent in the opposite extreme. The journals were deposited with the President, sub- ject to the order of Congress, if one should be formed under the Constitution. Let us now return to the proceedings of that Congress, whose functions it was proposed to supersede by the new Constitution. On the seventh of May, by an ordinance unanimously passed,^ five Commissioners were appointed to settle the accounts of the different States with the United States, with large discretionary powers in the admission of evidence; for which purpose the thirteen States were arranged into five districts. The ordinance of 1784, for the government of the ter- ' XII. Journals of Congress, page 44. 380 ORDINAlSrCE FOR THE NORTH-WEST TERRITORY. [CHAP. IV. ritory north-west of the Ohio, being found objectionable and defective, on the seventeenth of July, 1787, another ordinance for the government of the territory was reported by the committee,' and passed unanimously on the thir- teenth. Among other provisions, it proposes to form not less than three, nor more than five States out of the terri- tory ; Virginia having first altered her act of cession in conformity with this ordinance. It also ordains the perpetual prohibition of slavery in the territory, in con- formity with the proposition made by Mr. Rufus King, in March, 1785. It is understood that this ordinance was drawn by Mr. Nathan Dane, of Massachusetts, one of the committee. On the ninth of August, South Carolina made a ces- sion of her claims to western territory lying west of the State to the Mississippi, her boundaries having been pre- viously settled by an agreement with Georgia, executed during the current year. On the twenty-eighth of September, a copy of the proposed Constitution was received from George Wash- ington, of the convention, and signed by thirty-eight members.^ It was the next day resolved that it should be submitted for ratification to conventions of the States; and, if ratified, that a day should be appointed for the choice of electors, and for the meeting of those electors to elect a President, who should transmit their votes, as the Constitution requires, to the Congress elected under the new Constitution. The Constitution and the President's letter were ordered to be sent to the State Legislatures. ' XII. Journals of Congress, page 57. For the ordinance, see Appen- dix No. IV. ' Appendix No. V. 1788.] THE STATES RATIFY THE CONSTITUTION. 381 An order made for the admission of Kentucky into the Union, pursuant to an act of Assembly of Virginia, of 1785, express their opinion that it ought to be admitted into the Union when the new Constitution, now ratified by nine States, shall go into operation.' On the fifteenth of July, 1788, Congress referring to an act of cession of Georgia of western lands, on certain conditions, resolved that the United States ought not to accept the cession on the terms proposed. On the second of September, Congress appointed a day for choosing electors in the several States which* had rati- fied the Constitution ; a day for those electors to assem- ble and vote for President ; and the first Wednesday in March for commencing proceedings under the new Con- stitution. There was some disagreement in Congress about the place of meeting, or the seat of government, under the new Constitution ; and various propositions were made and rejected. They finally decided on New York, where they were then sitting. A long report from a committee of finance was made on the thirtieth of September. The committee say that large sums of the money re- ceived in France have not been accounted for, and that the subject is involved in darkness. Of forty-seven millions of livres received, only twenty-seven millions have been accounted for, leaving about nineteen millions for which there are no vouchers. In the conventions of the several States for ratification of the new Constitution, it was closely investigated in some of them, and with great difiiculty ratified. In others, it seemed to have been accepted without difficulty.' ' IV. Journals of Congress, page 830. ' For the order and dates of the several ratifications, see App. No. VI. 382' "WASHINGTON ELECTED PRESIDENT. [CHAP. IT. In the election of President and Vice-President, George Washington having received the unanimous vote of the electors, and John Adams a majority, the former was, under the new Constitution, elected President of the United States, and the latter, Vice-President ; and on the third of March, 1789, the functions of the old Congress expired, after an existence (remitted only by occasional adjournments) of fifteen years — a body which varied greatly in character from the change of its members, its functions, and its duties. At first, when it deliberated on the vindication of the colonies, and on their separa- tion from the parent State to which they were attached by so many ties, it exhibited a degree of disinterested patriotism, of talent, and of practical wisdom, which has been rarely equalled. That was truly the most glorious period of its history. Then, when it devolved on this assembly to conduct a people without money or arms, in a war against the nation most able to make them feel its power ; when they contracted alliances with the greatest potentates of Europe ; and, under such unfavorable cir- cumstances, conducted the war to a successful termina- tion, they acquired, in the eyes of the world, yet greater reputation, though they may have manifested less exalted virtue or patriotism to the closer inspection of their countrymen; — the personal jealousies, rivalships, and intrigues, from which no deliberative bodies are entirely exempt, being known to mingle themselves in their deliberations and measures at this period. After the war was closed, or rather after Cornwallis was captured, and peace was confidently anticipated, their principal functions had sunk down to the duty of providing funds to meet the most pressing demands of the treasury, or to carry on an unprofitable diplomatic intercourse with some of the nations of Europe. The 1789.] TERMINATION OF THE OLD CONGRESS. 383 post of a member, no longer recommended as the means of winning popularity, or of gratifjdng ambition, often fell into the hands of men, who, with few exceptions, were inferior in standing or talents ; and the members, shrinking from the irksome office of making requisitions which were unheeded by the States, and of listening to claims which they could not satisfy, were irregular in their attendance, and often unable to form a quorum ; so that the body gradually lost much of its former weight and dignity : and thus it might be said of The Old Con- gress which had been the guiding light to the American people in their arduous path to independence, that its morning was bright and glorious ; its long day of trial which followed was alternately overclouded and efful- gent; but, as it descended to the horizon, its dim orb was scarcely seen in the rising splendors of its successor. CHAPTER V. WASHINGTON'S ADMINISTRATION. FIRST TERM. 1789—1793. WHEisr the Federal Constitution was formed, and about to go into operation, the American people had made another great step in its onward progress. The several States, bound together only by the ties of affinity and neighborhood, by having been colonies of the same em- pire, all agreed to give up a portion of their newly- acquired sovereignty and independence, to secure, as a Confederated Republic, present safety and prosperity, and to lay the foundations for future greatness. The country, now buoyant with hopes, in proportion to the dangers it had recently escaped, and the evils it even then encountered, looked forward with impatience to the meeting of the first Congress under the new Con- stitution. The officers of the army, who had not made sale of their unsatisfied claims, saw in the new govern- ment, provided as it was with unlimited powers of taxar tion, the prospect of justice from their country. The other public creditors, who were generally people of pro- perty and influence, looked forward to have their claims doubled or even quadrupled in value. The merchant and ship-owner confidently expected protection from the dis- criminating duties and navigation laws of other countries; and even the small manufacturing class hoped for the encouragement of a protective impost. The agricultural (384) 1789.] PLEASING ANTICIPATIONS. 385 class, without looking for any immediate benefit from legislation, naturally expected to share in the general prosperity, and to profit by an improvement of the mar- kets, both foreign and domestic. In the cities, especially, where these benefits were more fully appreciated, there were pompous and costly demonstrations of the general joy- But it must not be supposed that these favorable sen- timents, and pleasing anticipations relative to the new government, were universal. Far from it. There were not a few in all the States who ^dewed that government with undisguised fear and disapprobation. With the mass of the people, to whom most of the members of the con- vention were strangers, it was as a foreign government, or at least an untried novelty, and was regarded by them without affection or confidence ; and men of mere local influence felt themselves humbled by the superior power and importance of the federal functionaries. There were even some who saw, in a President, Senate, and House of Representatives, the British government plainly fore- shadowed, and honestly apprehended that the Federal Executive might, by gradual changes, be converted into a king. Monarchical government was known to be in favor, in the abstract, with many; several members of the Federal Convention had so expressed themselves; and Patrick Henry had remarked, in the Virginia con- vention, that the new Constitution had "an awful squinting — it squinted at monarchy." Those who entertained these sentiments were soon marshalled into a party, and from their opposition to the new Federal government, were called anti-Federalists ; but inasmuch as they preferred a purely federal union to one of a consolidated or national character, they might, with more propriety, have been termed Federalists than their VOL. I. — 25 386 "Washington's arrival at new tork. [chap. v. opponents, who favored all the national features of the new Constitution. These two parties were first distinctly formed during the discussions in the State conventions, and constituted the leading political division for several years. Though the fourth of March was appointed by the new Constitution for the meeting of the Federal Congress, it was the first of April before there was a quorum of the House of Representatives. On that day, Frederick Muhlenburg, member from Pennsylvania, was chosen Speaker, and John Beckley, Clerk. Of the members of this first Congress, eight of the Senators had been in the late Federal Convention, who were : Langdon, of New Hampshire ; Ellsworth and Johnson, of Connecticut ; Rufus King, then of Massachusetts, but now of New York ; Patterson, of New Jersey ; Carroll, of Maryland ; Butler, of South Carolina ; and Few, of Georgia. There were also eight members of the convention in the House : Oilman, of New Hampshire ; Gerry, of Massachusetts ; Sherman, of Connecticut; Clymer and Fitzsimmons, of Pennsylvania; Carroll, of Maryland; Madison, of Vir- ginia ; and Baldwin, of Georgia. One of the first acts of the National Legislature was to count the votes which had been given by the electors of the President and Vice-President. The result was imme- diately communicated to the newly-elected officers. The second day after General Washington was thus officially informed of his election, he set out from Mount Vernon, his place of residence in Virginia, for New York. In all the towns he passed through, in his journey from Virginia, he was received with an enthusiasm which knew no bounds. When he appeared in sight of New York, on the twenty-third of April, its spacious harbor was covered with vessels and boats of every description, 1789.] OT'ENING OF THE FIEST CONGRESS. 387 decorated with gay flags, and moving in every direction, while the air was rent with the music of the numerous bands, the discharges of cannon, and the yet louder huz- zas of a people in a delirium of delight and exultation. On the thirtieth of April, the new President took the oath of office, and delivered an address to both Houses of Congress, in which he thought proper to justify him- self for again entering into public life, after having taken formal leave of it. He expressed devout thanks for the visible agency of Providence in the past progress of the United States to independence ; and he excused himself to the new government just established for not recom- mending particular subjects to their consideration, which he thought, on the present occasion, unnecessary. He then, in conformity with his past practice, declined any personal emolument from his office ; and he asked that the pecu- niary estimates for the station in which he was placed " should be limited to such expenditures as the public good may be thought to require." Cordial and complimentary responses were made by both Houses to this address, and they forthwith proceeded to the execution of their high duties of putting the new government into operation. But as a preliminary mea- sure, the temporary heads of departments were required to furnish to Congress accurate information of the exist- ing state of public affairs. According to the information then given, the treasury was empty, though the claims on it were very heavy, and were daily increasing. The amount of public debt, foreign and domestic, at the end of the year 1789, would be about forty-two millions of dollars, of which eleven and a half millions were due abroad. Justice, honor, and policy, as well as national gratitude, all required that adequate pro- vision should be made for these creditors. 388 NAVIGATION OF THE MISSISSIPPI. [CHAP. V. The condition of the new settlers in the West also pre- sented a cause of solicitude. Spain held the land on both sides of the Mississippi, near its mouth ; and the town of New Orleans being the only commercial post on the river, she was able to open or close it to the people of Kentucky and other Western settlers as she thought proper. Since this river furnished to them the only outlet for the raw produce yielded by their teeming soil, the navigation of it was of the last importance to them ; and they had exhibited the most anxious impatience to have it secured to them by treaty. Spain, however, as we have seen, had always refused to grant them this privilege ; and, in the desire to make a commercial treaty with that nation, some of the Atlantic States had been wilUng to concede to Spain the exclusive right of navi- gating the river for twenty-five years. Though this offer failed for want of the support of the requisite number of States, the disposition that had been thus manifested to sacrifice the interests of the Western country, had excited lively resentment with the people of Kentucky, and had even led some of her citizens to open a negotiation with the Spanish minister, Gardoqui, to which he was nothing loth, towards a separation from the Atlantic States. General Washington had learned, just before he left Mount Vernon, that these discontents in the West had been fomented both by Spanish and British agents, but with very different objects — Spain wishing to effect a separation of the Western States, with some hope of attaching them to her dominion ; and Great Britain pro- posing to aid them in making a conquest of New Orleans, and in fortifying the mouth of the Mississippi. Many of the neighboring Indian tribes had shown sjrmptoms of hostility to several of the States. Between the great Lakes, the Mississippi, and the Ohio, there were 1789.] INDIANS — BARB ART POWERS. 389 computed to be five thousand fighting men of this race, about one-third of whom were at open war with the United States. With the residue there were treaties; but these being liable to be broken at any time by indi- viduals of either party, furnished no security for the con- tinuance of peace. Of the Barbary powers, a treaty had been made with Morocco alone ; and, consequently, the commerce of the United States in the Mediterranean afibrded to Algiers, Tunis, and Tripoli, a temptation which was not likely to be long resisted. The foreign commerce of the United States was then on a most disadvantageous footing. Under the regal government, the colonies had carried on an extensive and profitable trade with the British West Indies ; and so indispensable to them were many of the articles thus furnished, that, immediately after the peace of 1783, Mr. Pitt was willing to enter into negotiations for the renewal of the former trade; but soon finding that, for want of a concerted system of action, the States could not retaliate the commercial restrictions of Great Britain, that measure was declined, and all overtures for a treaty of commerce were unhesitatingly rejected. The vessels of the States were interdicted from all trade with the British colonies, and none of the pro- ductions of those colonies were allowed to be there imported into the States, even in British vessels, except lumber and bread-stuffs, which they could not easily pro- cure elsewhere. Efforts had been also made to negotiate commercial treaties with other European powers ; but they had been attended with little success. The failure with Portugal was attributed to the influence of Great Britain, as were also the hostile incursions of Indian tribes ; nor had the commercial intercourse with France, who, like the other 390 SPECIFIC AND AD VALOREM DITTIES. [CHAP. Y. nations of Europe, insisted on a monopoly of the trade with her colonies, afforded the benefit that America had fondly expected. Such was the condition of the United States as to foreign countries, at the time that their new government was .to go into operation, and Congress was about to organize its different departments; to provide an ade- quate revenue ; and to regulate its commerce. The first subject of legislative discussion in the House of Representatives, after they had a quorum in attend- ance, was the impost, which was brought forward by Mr. Madison. After adverting to the inability of the old Congress to provide the revenue which the justice and honor of the country so imperiously required, he proposed, as a temporary system, to lay duties, partly specific, partly ad valorem, in conformity with those proposed in 1783, which had been generally approved ; and tonnage duties, in addition, with a discrimination, however, between the ships of the United States and those of other countries which had treaties with the United States and those which had not. Mr. Lawrence, of New York, was in favor of a general ad valorem duty on all imports, as a more practical plan of revenue than one of specific duties. Mr. Pitzsimmons, of Philadelphia, preferred specified duties. He denied that they presented any practical difficulty, and urged that they encouraged the produc- tions of the country, protected its infant manufactures, and, in some cases, operated as sumptuary restrictions on the consumption of articles of luxury. He offered, by way of amendment, a resolution which contained an enumeration of the articles deemed by him fit subjects of specific duty. Mr. Madison accepted the amendment ; but while he 1789.] PROTECTIVE DUTIES. 391 approved of a qualified encouragement to manufactures, as one of the exceptions to the doctrines of free trade, he thought the attention of Congress should, for the present, be confined principally to the object of revenue. These resolutions, and the bill subsequently introduced in conformity with them, gave rise to a desultory discus- sion on the details of the system, which continued with little intermission for six weeks. The principal ques- tions discussed were, whether the system then adopted should be temporary or permanent; whether there should be only one uniform ad valorem duty, or specific duties in addition ; whether, in case the latter course was adopted, the dutiable articles should be confined to the list in the plan of 1783 ; what should be the precise rate of duty on particular articles ; whether, in laying the tonnage duties, a discrimination should be made in favor of the nations having treaties with the United States ; and lastly, whe- ther the system then adopted should be limited to a certain term of years : on all of which questions there was a great diversity among the members, principally from the supposed diversity of interests of their respective consti- tuents ; but partly, also, from the diflferent views of policy entertained by individual members. The principal speakers in this protracted debate were Messrs. Ames, Gerry, Goodhue, and Thatcher, of Massa- chusetts; Sherman and Wadsworth, of Connecticut; Lawrence, of New York ; Boudinot, of New Jersey ; Cly- mer, Fitzsimmons, Hartley, and Scott, of Pennsylvania ; Carroll and Smith, of Maryland; Bland, Lee, Madison, Page, Parker, and White, of Virginia ; Burke, Smith, and Tucker, of South Carolina; Baldwin and Jackson, of Georgia. The bill laying impost and tonnage duties, with large discrimination in favor of American vessels, and a smaller 392 IMPOST DUTIES. [CHAP. V. one in favor of nations having treaties with the United States, and to remain in force till the first day of June, 1796, passed on the sixteenth of May; and, notwith- standing the opposition which its most important provi- sions had experienced from some quarter or other, such was the spirit of compromise which then prevailed, and the conviction that every one had of the urgency of the measure, that it passed without a division. Some of the proposed duties then deemed of great local importance, from the pertinacity with which they were opposed, are well calculated to remind us, by their seeming insignificance at the present day, of the progress the United States have since made. Thus, a duty of six cents a gallon on molasses was proposed, by way of laying a tax on the rum distilled from it ; and it was vehe- mently opposed by all the delegation from Massachusetts, on the ground that it would operate most oppressively on the men engaged in the fisheries, each of whom consumed twelve gallons of molasses ; and that it would produce disaffection towards the Federal government. " I fear," said Mr. Ames, " we shall destroy the fond hopes entertained by our constituents, that this govern- ment would ensure their rights, extend their commerce, and protect their manufactures. Mothers will tell their children, when they solicit their daily and accustomed nutriment, that the new laws forbid them the use of it; and they will grow up in a detestation of the hand which proscribes their innocent food, and the occupation of their fathers. The language of complaint will circulate univer- sally, and change the favorable opinion now entertained to dislike and clamor." ' The members of South Carolina were as strenuously opposed to the tax of six cents a bushel on salt, as threat- ' I. Gales & Seaton's Debates, page 234. 1789.] IMPOST DUTIES. 393 ening the like oppression and disaffection with the citi- zens of their State.' Mr. Scott, of Pennsylvania, who concurred in these Adews, stated that the price of salt in the western part of that State, was four dollars a bushel. Many other facts stated in the debate forcibly impress on our minds the changes which time has since brought about. Thus, a member from Virginia, after stating that there were coal-mines opened in Virginia capable of sup- plying the whole United States, and requiring nothing but a duty on foreign coal for them to be worked to advantage, proposed a duty of three cents a bushel. Mr. Hartley, of Pennsylvania, objected to this as too discouraging to manufactures, and proposed a duty of one cent. In discussing the duty it would be proper to lay on hemp, doubts were expressed by several members whe- ther it could be cultivated to advantage in the United States. But a member from South Carolina, Mr. Burke, was in favor of a moderate duty on it, as an article of culture particularly suited to the rich rice lands of that State — remarking, that jt was hoped the cultivation of cotton would be successful, if good seed could be pro- cured. The whole tonnage then employed in the trade of the United States was six hundred thousand tons, of which two-thirds were American, and three-fourths of the residue were British. This impost bill, the first passed by the Federal Con- gress, was the beginning of that policy of encouraging domestic manufactures by taxing those imported from other countries, which has since given rise to so much controversy, in and out of Congress, and in which the strife has been more bitter and serious, because the ' I. Gales & Seaton's Debates, page 167. 394 PROTECTIVE DUTIES. [CHAP. Y. policy SO differently affects the interests of the Northern and Southern divisions of the Union. But in laying specific duties with a view to foster American manufactures, the States which were only con- sumers of such manufactures endeavored to reduce the du- ties, on the ground that they bore unequally on the States, or that their pressure would be peculiarly heavy before the country had recovered from the effects of a desolating and exhausting war. It is, however, worthy of remark, that, while the Southern and non-manufacturing States saw as distinctly then as they have ever seen since, that they were to be uncompensated losers by a protective policy, which was avowedly intended to benefit the manu- facturing classes, exclusively inhabiting the Northern and Middle States, not a word of objection to the ob- noxious measure was made on the ground of its uncon- stitutionality.' The ground taken by Mr. Madison in justification, and which was apparently acquiesced in, was, that " manu- factures had been reared up by the fostering care of the State Legislatures, manifested in the shape of protective duties ; but that the people, by the adoption of the Con- stitution, had put it out of the power of the States to con- tinue such duties ; so that manufactures would be with- out their accustomed protection, unless it could be afforded by the General government." In the Senate, the clause making a discrimination in favor of the nations which had treaties with the United States was struck out ; and this amendment, after a con- ference between the two Houses, finally prevailed. The next subject which engaged the attention of Con- gress may seem, to the present generation, not to deserve the notice bestowed on it. A committee of the Senate ' I. Gales & Seaton's Debates, pp. 164-303, 307. 1789.] TITLES OF RESPECT. 395 was appointed to determine what title it would be proper to ann-ex to the offices of President and Vice-Pre- sident of the United States; and a committee of five was. appointed by the House to confer with a committee of the Senate. Mr. Benson, from the committee appointed by the House, having reported that it was not proper to annex any style or title to those expressed in the Constitution, the same was agreed to by the House. In the Senate the report was disagreed to. On the motion, whether the Vice-President should be addressed by the title of " His Excellency," it was negatived. . Another committee was then appointed to consider and report the title for the President, and to confer with a committee of the House of Representatives ; which was accordingly done, but the committee of conference was not able to agree. The committee of the Senate then recommended that the President should be addressed as " His Highness, the President of the United States, and Protector of their Liberty ;" but the Senate, instead of adopting the recommendation of the committee, resolved, after a preamble in favor of titles of respect, for the sake of harmony, that the address should be to the President of the United States, without addition of title; since which time the subject has never been stirred in Con- gress, and the proper style of address to the Chief Magis- trate may be considered as settled. This was one of the circumstances which contributed to strengthen the belief of many that some of the sup- porters of the new government had views unfriendly to republican simplicity and equality. While the impost bill was under consideration in the Senate, the House of Representatives was engaged in organizing the several executive departments; and having 396 POWER OF bemoyal'. [chap. V, decided that there should be a Department of Foreign Aifairs (since called the Department of State), a Trea- sury Department, and a Department of War, the House proceeded to discuss the question whether the secretaries or heads of these several departments should be removar ble by the President, without the concurrence of the Senate : on which Messrs. White, Page, and Blair, of Vir- ginia ; Smith, of South Carolina ; Jackson, of Georgia ; Gerry, of Massachusetts; and Livermore, maintained that the power of removal was not given to the President by the Constitution; while Madison and Lee, of Virginia; Thatcher and Goodhue, of Massachusetts ; Boudinot and Sylvester, of New Jersey ; and Vining, of Delaware, in- sisted that, on a fair construction of that instrument, the President possessed such power. The committee decided, by a large majority, in favor of the power. But, three weeks later, the same discussion was renewed in the Committee of the Whole, and was con- tinued for four days between those members who were inclined to an energetic Executive, and those who, jealous of the Federal power generally, and of that branch of it in particular, were desirous of circumscribing it. The members who objected to the power of removal in the President alone, maintained, that the Constitution being silent on the subject of removal from office, except in cases of impeachment, it was a fair inference that the game concurrence of the Senate which was necessary in appointing an officer should be requisite to remove him, according to the general rule that the power of removal is incident to that of appointment — there seeming to be as much reason for this check on the President's power in one case as in the other. They add, that if this power is given by the Constitution to the President alone, a declaration of it by Congress is unnecessary ; and if it is 1789.] POWER OF REMOVAL. 397 not given, the declaration is void : that if it is an omitted ease, as some contend, the defect can not be supplied, by the Legislature, but only by an amendment to the Con- stitution ; but if the power can be fairly implied, it is more reasonable to make that implication conform, to the express provision which requires the concurrence of the Senate, than to make it in conflict with that express pro- vision : and lastly, that if it is a doubtful power, and dependent on a sound construction of the Constitution, it is a question to be settled by the judiciary. In answer to some of the arguments on the other side, it was denied that the appointment and removal of offi- cers are exclusively Executive acts, since they are, in republican governments, as often exercised by its Legis- lative as by the Executive branches ; but, supposing they were purely Executive in their character, then it must be recollected that a part of this executive power is ex- pressly given to the Senate. The power thus inconsistent with the Constitution is highly dangerous and inexpedient. The power of removal, at the sole discretion of the Pre- sident, would make all the executive officers obsequious to his will ; and since he has the command of the army and navy, if those who have charge of the treasury were also to be subject to his control, he would, by thus uniting the power of the purse with that of the sword, in fact have the attributes of a monarch, and would, in time, become one. In such a state of entire dependence on the will of a single individual, no man of a manly, indepen- dent spirit, would accept office ; which would be, there- fore, engrossed by those who would pay for its emoluments by their servility : that the Senate is a more permanent body than the President ; and from its numbers, as well as its longer experience, likely to have more wisdom, and is far less exposed to the temptations of political ambi- 398 POWER OF REMOVAL. [OHAP. V. tion. In answer to the objection that the Senate might refuse to remove an officer who had lost the confidence of the President, they said that an officer might be sus- pended while his case was under consideration in the Senate, and his place be temporarily filled by another. It was also urged that the President might not only remove good men from office, but sometiines, by a timely removal, screen a delinquent from a threatened impeach- ment ; and that the inconvenience of collisions between the President and the Senate might be greatly lessened by giving to the appointments a short duration. Those who asserted the power of removal to be pos- sessed by the President alone, insisted that, although the power was not expressly given, it might be fairly inferred from that instrument. They said, that while the Constitution provides for the removal of officers for crime, it did not thereby mean that they were not also to be subject to removal on other accounts ; for, besides the absurdity of keeping a man in office after he had shown himself incompetent to dis- charge its duties, the clause which secures to one class of public officers (the Judges) an appointment during good behavior, plainly shows, that, but for this provision, they would have been removable at pleasure. Such, then, is the tenure of all the officers, whose term is not designated by the Constitution ; and the question is, at whose plea- sure do they hold office ? at that of the President alone, or of the President and Senate ? It is denied, in limine, that the power of removal is incident to the power of appointment. The two powers are often separated,as is the case with the President him- self, who is appointed by electors ; and the Judges, who are removable only by impeachment. But, supposing the implication just, who, it is asked, makes the appoint- 1789.] POWER OF REMOVAL. 399 ments? It is the President alone. The Senate may, indeed, by refusing their assent, render an appointment unavailing, yet it is the President alone who makes it. As the two Houses of Congress enact laws, though it is in the power of the President to annul those legislative acts which are not supported by two-thirds of the members. There are other provisions in the Constitution which show that the power of removal can be properly exercised only by the President. The executive power generally is vested in him, and he may, by virtue of this provision, exercise all executive acts, where his power is not ex- pressly restricted, as it is in requiring the concurrence of the Senate in making appointments; and this, for obvious reasons, since it is only by having control of his agents, that he can faithfully and eflSciently execute the great trust reposed in him. Nor is this duty left to inference, as he is expressly and imperatively required to see the laws faithfully executed, which cannot be done unless he be allowed to choose agents who have his confidence, and who are cordial in their co-operation, as well as honest and able. Should he be required to rely on men whose capacity or fidelity he distrusts — who are leagued with his rivals and enemies, or who may be rivals and enemies themselves ? But those who insist on the concurrence of the Senate in removals, seeing the gross incongruity of a person con- tinuing in an executive office against the wishes' of the President, after he has openly declared his want of confi- dence in the officer, propose that such officer should be temporarily suspended, until the Senate decided on his case ; but where do they find this power of suspension in the Constitution? and if considerations of policy warrant the implication of such power in the President, they equally authorise it in the case of removal. But, again, 400 POWER or REMOVAL. [CHAP. V. suppose that, after an officer has been suspended, if the Senate still decides on keeping him in office, do not all the evils which the suspension was meant to avoid, recur with redoubled force, by the irritations which have been increasing in the interim ? The general rule being that executive powers are to be exercised by the President, the concurrence of the Senate in appointing must be regarded as an exception, and exceptions should always be construed strictly. Nor is it admitted that this is purely a judicial ques- tion. The other branches of the government have the same right to pass judgment on their own powers, as the judiciary, and very often they cannot discharge the func- tions assigned to them, without making these decisions for themselves. This construction of the Constitution, they further m-ged, receives strong confirmation from considerations of policy. Unless the Executive has the power of appointing his officers, which comprehends that of removal, his responsibility for the faithful execution of the laws is at an end; the acts of the Executive are without harmony or consistency ; and the power which was meant to be exclusively given to the President, of nominating his officers and deputies, is thus rendered unavailing. It is denied that the Senate is more worthy of the pub- lic confidence than the President, since he is chosen virtually by the people, and they by the deputies of the people. It will be rare that he will have any motive for removing a good man from office, and even if he should, the public mischief would be far greater for bad men, by the influence of intrigue and faction, to be retained, espe- cially as we must admit that when a 'good man has been removed, another as good may be put in his place, 1789.] POWER OF REMOVAL. 401 by means of the check exercised by the Senate. But again : should he abuse the power of removar, besides the public odium he would incur, he would be liable to impeachment. On the question whether the words " removable by the President," should be struck out, it was decided in the negative by thirty to twenty-four. Subsequently the language was changed, so as to avoid the appearance of a grant of power by the Legislature ; whereupon a motion was again made to strike out the words, " removable by the President," and insert, "when- ever the principal officer shall be removed by the Presi- dent;" which was then carried by thirty-one votes to nineteen — some voting in the afiirmative, because they did not consider officers so removable ; and others, be- cause they would not seem to grant a power already given by the Constitution. In addition to those who took part in the first discus- sion, in the subsequent more warm and elaborate debates, Messrs. Ames, Sedgwick, Hartley, Scott, Lee, and Bald- win, spoke in favor of the President's power of removal ; while Messrs. Huntingdon, Sherman, and Stone, were opposed to it. As a further answer to those who thought the consent of the Senate necessary to the removal of an officer, and who relied mainly on the necessity of that consent to an appointment, it may be remarked that there is a wide difference between the case in which the power is ex- pressly given, and that in which it is implied. For, by the former, the Constitution requires the joint consent both of the President and Senate to every appointment, and gives to the President exclusively the yet more important power of selection ; thus making it an express fundamental principle, that no man should be VOL. I. — 26 402 CONSTRTJCTION OF CONSTITUTIONS. [CHAP. V. appointed to office without the approbation of both Pre- sident and Senate, and giving to him the largest share in the appointment. If, however, the President discovers that he has been mistaken in an officer's quahfications, or if friendly relations do not continue between him and the officer, and he wishes that officer removed, then, should the Senate have the power of preventing the removal, a man would be kept in office against the consent of the President, and thus the fundamental principle which requires the consent of both is violated ; and his power, which is by far the greatest, and most important to a faithful co-operation in the execution of the laws, is defeated : whereas, if the President alone can remove, then, in any subsequent appointment, the consent of the Senate is still required, and that fundamental principle is preserved. This was one of the first cases, greatly multiplied since that time, in which men in Congress and out of it dif- fered about the meaning and construction of the Consti- tution recently made ; and it would seem from all expe- rience that, in every case in which a rule for future action is prescribed, from the last will and testament of an indi- vidual to a national Constitution, it is beyond the wit of man to devise any form of words which may not give rise to doubt and disputation. This inherent ambiguity in all written rules arises partly from the imperfection of lan- guage, by which the same words convey different ideas to different minds; and partly because cases are ever arising, which, not being foreseen by those who made the rule, there is some uncertainty in its application ; but, more than all, the great source of collision in the inter- pretation of written rules is, that the wishes and interests of men greatly influence their opinions; and, as their wishes and interests clash, so must their opinions. 1789.] TREASURY DEPARTMENT. 403 Prom that time, the question of the President's power to remove officers was considered as settled, and the sub- ject was not again seriously discussed in the National Legislature until the administration of General Jackson, when some of the ablest men in Congress expressed doubts about the corriectness of the principle decided in 1789, and were disposed to agitate it anew. How far their sentiments on this occasion may have been biassed by party or personal considerations, this is no fit place to inquire. When the committee proceeded to the considerar tion of the Treasury Department, Mr. Gerry strongly urged the advantage of putting the treasury under the management of commissioners, rather than under that of a single individual, on the several grounds that scarcely any one could be found who had the requi- site skill and knowledge ; that such an officer would be exposed to strong temptations to use the public money, which, if so disposed, he might do without control ; and lastly, that, even if he proved incorruptible, he could not escape suspicion. In support of these views, he referred to the Board of Treasury, and to the single Head of finance, which had been severally tried by the old Congress. Mr. Wadsworth pronounced that, from his experience, a Board of Treasury was the worst of all institutions, and that it had doubled the public debt ; while, on the Super- intendent of finance, he bestowed high encomiums. Messrs. Benson, Baldwin, Madison, and Boudinot, were all in favor of a single head to the department. Mr. Gerry's plan of a Treasury Board was rejected. Mr. Madison's resolutions for the three Departments, of Foreign Affairs, Treasury, and War, having been adopted, a committee of a member from each State was appointed to prepare bills for the regulation of those departments. 404 TREASURY DEPARTMENT. [CHAP. Y. When the bill for the establishment of a Treasury Department was under consideration, Mr. Page objected to that part which required the Secretary " to digest and report plans for the improvement and management of the revenue, and the support of public credit; which he said would prove a dangerous innovation on the constitutional privileges of the House; would create an undue influ- ence ; and would establish a precedent which might be extended, until the ministers of the government were admitted on the floor. His views were enforced by Mr. Tucker, who thought that the duty of the officer should be limited to preparing and reporting estimates of the public revenue and expendi- tures ; and that the proposed duty was inconsistent with that clause of the Constitution which declares that all bills for raising revenue shall originate in the House of Representatives. If plans of revenue are to be prepared and reported to the House, he insisted that the Pre- sident, who is required to recommend measures to their consideration, was the proper person to suggest them. Mr. Sedgwick regarded the objections to this bill as groundless ; said that the identical words had been used by the former Congress, in 1783, and subsequently when the revenue board was established ; and that the public would have been benefited, if the power had been more fully and frequently exercised. The dangers apprehended from the proposed measure were thought visionary by Messrs. Boudinot, Madison, and Ames, but they were supported by Messrs. Liver- more and Gerry; and. though the motion to strike out the clause was rejected, it so far prevailed, that the' amendment proposed by Mr. Fitzsimmons, to strike out the word "report," and requiring the Secretary only to prepare reports, was adopted by a large majority. 1789.] AMENDMENTS TO THE CONSTITUTION. 405 The bill organizing the War Department was adopted without opposition. On the eighth of June, Mr. Madison having proposed to bring to the consideration of the House the amend- ments to the Constitution recommended by different States, the subject, after some discussion, was postponed until the niore pressing business of organizing the Execu- tive departments, and of providing a public revenue, was disposed of He was, however, first permitted to submit to the House all the amendments which he wished adopted, because he deemed them additional safeguards to the public welfare, and from a proper regard for respectable portions of his fellow-citizens who wished for them. He did not deem bills of rights indispensable, but they might sometimes tend to check the undue exercise of authority : he regarded the legislative power as more liable to abuse than that of the Executive, for it is most exposed to abuse, and is the least under control : he thought, moreover, that some further restrictions on the powers of the States would be as salutary as those on the powers of the Federal government ; such as prohibitions against passing ex post facto laws, bills of attainder, &c. The subject was then referred to a Committee of the Whole ; but a few weeks later it was resumed, and a preliminary question presented itself, whether the amend- ments which might be adopted should be incorporated in the Constitution that had been ratified, or should be in the form of additional articles, as was proposed by Mr. Sherman. This course was adopted, and the Committee proceeded to consider the several amendments recom- mended by a majority of the Committee. Among those that were opposed were the following: First. Instead of a member of the House of Represen- tatives for every thirty thousand persons, Mr. Ames 406 AMENDMENTS PROPOSED. [OHAP. V. wished to substitute forty thousand. His amendment was, however, rejected by a large majority, and thirty thousand was carried. Second. That no law varying the compensation of members shall take effect, unless an election shall have intervened. This was carried by twenty-four votes to twenty.^ Mr. Tucker moved to add to one of the clauses in the bill of rights, that the people have a right to meet " to instruct their Representatives." But the sentiments of the members widely differed as to this doctrine ; some considering the right itself as problematical, because they said a member represented not merely the district which elected him, but the whole community; while others maintained that instructions were not obligatory on the Representative, and that the practice was more fruitful of mischief than of benefit. The motion was opposed by Messrs. Hartley, Clymer, Sherman, Madison, Smith, Stone, Ames, and "Wentworth ; and was supported by Messrs. Gerry, Page, Burke, Liver- more, Lawrence, and Sumter, though these also differed on the binding character of the instructions. The amend- ment was rejected by forty-one to ten. Mr. Burke proposed " that Congress should not alter, modify, or interfere in the times, places, or manner of holding elections of Senators or Representatives, except when a State should refuse, or neglect, or be unable by invasion or rebellion, to make such election ;" which, after some discussion, was rejected by twenty-eight votes to twenty-three. Various minor amendments, proposed by those who, viewing the power of the Federal government with jealousy and distrust, were rejected by the majority, ' These two amendments were not ratified by the States. 1789.] PERMANENT SEAT OF GOVERNMENT. 407 who regarded that government with more confidence and favor, until at length twelve amendments were recommended by two-thirds of both Houses to the Legis- latures of the several States.' Of these, ten were rati- fied by three-fourths of those Legislatures, and thus became parts of the Federal Constitution. They were all restrictions on the power of the Federal government, or additional safeguards for the rights of the States, or of individuals, and were indicative of the political jealousy which so extensively prevailed. While the House had been engaged on the impost, and in organizing the Executive departments,.the Senate had prepared a bill to establish a judicial system for the Federal government, which was passed by the Represen- tatives, not, however, without opposition from some of the anti-Federal party. Mr. Livermore strongly objected to the establishment of the Supreme Court. The subject of the permanent seat of government having been taken up, a good deal of local jealousy was evolved ; the members, with scarce an exception, being desirous of having the location as near to their own State as possible. A bill was passed in the House, for establishing the government at some point on the Susquehanna, in the State of Pennsylvania, by a majority of thirty-one votes to seventeen ; but the bill was amended, in the Senate, by substituting ten miles square about Germantown, near Philadelphia; and the bill having been returned tO' the House with an amendment, was there postponed for want of time. On the twenty-first of September, on a report from a ' There was some disagreement between the two Houses as to the amendments, and after a conference, the points of difference were ad- justed. 408 REPUBLICAN SIMPLICITY. [CHAP. V committee to whom the petition of the public creditors of Pennsylvania had been referred, the House adopted the following resolutions : That an adequate provision for the support of public credit was important to the national honor and pros- perity, and that the Secretary of the Treasury prepare a plan for that purpose, and report to the House at its next meeting. He was further directed to apply to the Executives of the States for the statements of their public debts, of the funds provided for the payment, and of the amount of loan-office certificates and other securities, and report the same to Congress. One consequence of the vigilant jealousy of the anti- Federal party was, that they had juster ideas than their opponents of the precise limits of the constitutional powers of the Federal government, and of what was con- genial with republican institutions. It thus was opposed to giving titles of honor to the President ; and when it was proposed that a committee from Both Houses should wait upon the President, and request that he would recommend to the people a day of public thanksgiving and prayer, two members of that party from South Caro- lina were opposed to it, as mimicking European customs, and as a matter that should more properly proceed from the authority of the States. The motion, however, pre- vailed. To this may be added the objection to the style of the writs issued from the Federal Courts, which, according to the bill from the Senate, were to be in the name of the President, but which the House of Represen- tatives insisted should be in the name of the United States ; and after a conference between the two Houses, the Senate partially receded, and a compromise was effected. The principles on which this party acted on 1789.] COMPENSATION OF MEMBERS. . 409 these questions are so clearly, as well as comprehensively stated by Mr. Stone, of Maryland, that they may be here cited : " He thought, that substituting the name of the Pre- sident, instead of the name of the United States, was a declaration that the sovereign authority was vested in the Executive. , He did not believe this to be the case. The United States were sovereign ; they acted by an agency, but could remove such agency without impairing their own capacity to act. He did not fear the loss of liberty by this single mark of power ; but he apprehended that an aggregate, formed of one in considerable power, and another in considerable authority, might, in time, lay a foundation for pretensions which would be troublesome to dispute, and difficult to get rid of. A little prior caution was better than much future remedy." ' To this last we might, perhaps, also add the claim set up by the Senate for a higher rate of daily compensation than for the members of the House of Representatives. This claim being resisted by the House, committees of conference were appointed, but they were unable to agree, until, at length, Mr. Burke proposed that the House should agree to the Senate's amendment, by which Senators were to receive seven dollars a day, after the fourth of March, 1795, and the Representatives six dollars; but with the further amendment, that this clause should continue in force till the firs't of March, 1796, and no longer : which was carried by twenty-eight votes to twenty-six ; and to this amendment the Senate agreed.^ In all these points of difference the anti-Federal party, whether they succeeded or not, seem to have anticipated ' I. Gales & Seaton's Debates, page 951. " Ibid, page 926. 410 ■ SALARIES OF OFFICERS. [CHAP. V. those sentiments which have since received the general sanction of the nation. A majority of all parties, influenced by the poverty of the treasury, and the moderate rate of expense then pre- valent in the country, agreed on a modest civil list, according to which, the compensation to the President was twenty-five thousand dollars ; to the Vice-President, five thousand dollars ; to the Chief Justice, four thousand dollars ; the other Judges, three thousand five hundred dollars ; to the Secretaries of State and of the Treasury, three thousand five hundred dollars each ; to the Secre- tary of War, three thousand dollars ; to the Attorney- General, one thousand five hundred dollars ; to the dis- trict Judges, from eight hundred to one thousand five hundred dollars. Besides the deviations from subsequent practice that have been mentioned, the President personally attended in the Senate when he wished the advice of that body on the subject of treaties. But the impropriety of this practice, which now seems so obvious to all, was soon per- ceived, and it was discontinued after the first session. It was near the close of the session, before the Presi- dent sent in his nominations of his cabinet to the Senate. The first was that of Alexander Hamilton, as Secre- tary of the Treasury. The talents and virtues of this gentleman had been long known to General Washington, whose aid-de-camp Hamilton had been ; and though he had, in the conven- tion, expressed a dislike almost contemptuous to the new Constitution, he had amply redeemed himself with its friends by his able vindication of it in the letters of Publius ; and he seemed determined to give it a fair and candid trial. It is probable that, for the same reason it was so much an object of jealousy with many, it was 1789.] Washington's cabinet. 411 recommended to his favor; they regarding it as dan- gerously encroaching on the sovereignty of the States, and he as imposing on them salutary checks. General Knox, of Massachusetts, who had been a bro- ther soldier of the Revolution, and who was known to be a discreet man, with business habits, was appointed Secretary of War. The office of Secretary of State was bestowed on Mr. Jefferson, then Minister to France. His talents as a legislator and statesman had been well proved in the old Congress, both in 1776, when he drafted the Declaration of Independence, and yet more eight years later, when he exhibited, in numerous reports, an industry and ability that had no equal in that body. To Mr. Edmund Randolph was given the office of Attorney-General. He had presented to the conven- tion that scheme of government which was the basis of the new Constitution; and although dissatisfied with some of its provisions, he was one of the three members who refused to sign it; but he compensated for hi? course on that occasion, by becoming one of the active supporters of the Constitution in the Virginia convention. Gifted with a very pleasing exterior and manners, and a ready elocution, he was extremely popular in Virginia, and had thus been made Governor of the State at an earlier period of life than is usual. Mr. Jay was nominated as Chief Justice; and 'James Wilson of Pennsylvania, John Rutledge of South Caro- lina, William Cushing of Massachusetts, Robert Har- rison of Maryland, and John Blair of Virginia, as Asso- ciate Justices : all which nominations as well as those to inferior offices, were confirmed by the Senate : and the government being thus put into active operation, and a revenue sufficient for the more pressing wants of the 412 president's speech. [chap. v. government provided, Congress adjourned, on the twenty- ninth of September, to the first Monday of January, 1790. In November, the new Constitution received the un- quaUfied ratification of the State of North Carohna. Congress had been adjourned to meet on the fourth of January (the first Monday), but it was the seventh before a quorum was formed. On the next day the Pre- sident, from the chair of the Vice-President, addressed both Houses of Congress assembled in the Senate Cham- ber. The subjects recommended to their notice were : the organizing, arming, and disciplining the militia; and the encouragement of such manufactures as were essen- tial for national defence. The western frontier, too, required protection from the threatened hostilities of Indians; a provision for a diplomatic intercourse with foreign nations ; a general naturalization law ; a uniform currency ; the regulation of weights and measures ; the advancement of agricultui-e, commerce, and manufactures, by all proper means ; the encouragement of useful inven- tions ; and a due attention to the post-office, were also recommended. The advantages of knowledge, especially to a free people, were dwelt upon ; and whether it would be best promoted by affording aid to seminaries of learn- ing already established, or by a national university, or by other expedients, he submits to the deliberations of the Legislature. Strong terms of approbation were used concerning the purpose manifested by the House of Representatives at the preceding session, of supporting the public credit. The answers of both Houses to this address, being adopted without opposition, except in some slight verbal amendments, indicated entire harmony between the Executive and the members of the Legislature. 1790.] PUBLIC FINANCES. 413 A letter from the Secretary of the Treasury stated that, in obedience to the resolution of the House, he had prepared a plan for the support of public credit, which he was ready to submit ; and after some discussion whe- ther the Secretary should make his report in writing, or in person, in answer to such inquiries as should be made of him, it was decided that it should be in writing. In this report Mr. Hamilton, with great clearness and force, maintained that, policy, as well as moral obligation, required the United States to preserve faith with the public creditors, and the rather, as the debt incurred by the American people was the price of their liberty and independence. While all were agreed that the foreign debt should be provided for according to the terms of the contract, there was a difference of opinion as to the domestic debt, on two points. One was, whether there ought to be a discrimi- nation between the original holders of the public securi- ties and the present possessors by purchase. The other was, whether there should be any difference made between the creditors of the Union, and the creditors of the indi- vidual States. The Secretary discussed both questions with his wonted ability, and was opposed to any discrimination in either case. He stated the public debt to be about seventy-nine millions of dollars, to wit : due to foreigners, near twelve millions ; domestic debt due by the United Statesj forty- two milhons ; and due from the States, twenty-five mil- lions ; the interest on which, at six per cent., was four and a half millions. This sum, in addition to the ordinary expenses of the government, would be beyond the resources of the United States without an extension of taxation, which the in- terests of the creditors forbade. Exigencies may, more- 414 FUNDING OF THE DEBT. [CHAP. V. over, arise which would still further endanger those interests. He therefore proposed a reduction of the annual in- terest on the debt, on giving to the creditors an equiva- lent. That equivalent he thus explained. He assumed that, from the low rate of interest in Europe, and the funding of the debt in this country, interest would soon fall here to five per cent., and in twenty years to four cent. Of this fall the United States might readily avail themselves ; but by stipulating not to profit by it for a certain term, the advantage would accrue to the creditor by the rise in the value of his stock. In accordance with these views, he then proposed that a loan should be made to the United States to the amount of the whole public debt, on various alternative condi- tions presented to the choice of the subscribers to the loan. These were : First. For every hundred dollars subscribed, payable in the evidence of the public debt, interest as well as principal, the subscriber should be entitled to have two- thirds funded at a yearly interest of six per cent., redeem- able at the pleasure of the government, and to receive the other third in western lands at their actual value. Second. To have the whole sum funded at four per cent., irredeemable by any payment exceeding five dol- lars a year (on account of both principal and interest), and to receive, as a compensation for the reduction of interest, fifteen dollars and eighty cents, payable in bonds. Third. To have two-thirds funded at a yearly interest of six per cent, irredeemable by any payment exceeding four dollars and two-thirds per annum (for principal and interest), and to have, at the end often years, twenty-six dollars and eighty-eight cents funded on the same terms. 1790.] FEDERAL TAXES. 415 Fourth and lastly. The creditors were further to have an option of vesting their money in annuities on different plans. It was also recommended to open a loan for ten mil- lions of dollars, at five per cent, interest, payable one-half in specie, and the other half in the public debt, irredeem- able by any payment exceeding six dollars per annum, principal and interest. A Tontme lottery was also proposed. While all assented to the proposal to make adequate provision for the foreign debt, as has been mentioned, the plan of funding the domestic debt gave rise to much oppo- sition and debate. The western lands thus offered to the public creditors were estimated at the price of twenty cents per acre. Their ordinary price had been one dollar an acre, pay- able in the public securities, when they sold at a very reduced price. To provide an adequate revenue, the Secretary recom- mended specific duties on wines, distilled spirits, tea, and coffee, and an excise on all spirits distilled within the United States. He also proposed that the revenue from the pos1>office, then estimated at one hundred thousand dollars a year, should be set apart as a sinking fund, to an amount not exceeding one milhon of dollars a year, as he wished to see it incorporated as a maxim in the system of public credit of the United States, that the creation of a debt should always be accompanied with the means of its extinguishment. The public securities, as the evidences of debt were called, had always been the subjects of speculation and traffic; but this had greatly increased from the time there had been a prospect of a government clothed with the powers of raising revenue ; and a very large propor- 416 FUNDING THE PUBLIC DEBT. [CHAP. V. tion of the public debt, both that due from the General government, and that due from the several States, had probably passed into the hands of speculators and moneyed men before the meeting of the first Congress under the new Constitution. The report of the Secretary of the Treasury had been looked for with great solicitude by this class of men, and finding it favorable in all respects to the present holders of the public debt, they were loud and vehement in their encomiums on his ability as a financier, as well as on his sound and elevated principles of national faith. The public securities of every descrip- tion immediately took a great rise in the market, in all parts of the country, and continued to rise while the sub- ject was under discussion in Congress, until the law passed for funding the debt ; when claims on the public treasury, which had sold as low as from ten to fifteen cents on the dollar, were, for a short time, above par. The subject of this report having been called up on the twenty-eighth of January, it was, after some debate, postponed to the eighth of February, by which time it was expected the members from North CaroHna would be in attendance. There seemed to bfe no serious opposition to the Secre- tary's report, except on the discrimination between the original holders of the public securities and the present possessors, and on the assumption of the State debts, on both of which there was a Hvely feeling excited, in Con- gress and out of it. On the eighth of February, the debate was opened by Mr. Smith, of South Carolina, who offered five resolu- tions proposing to fund the public debt in conformity with the Secretary's views. Mr. Smith's resolutions were supported by Mr. Boudi- not, of New Jersey, and enforced by a long and animated 1790.] FUNDING THE PUBLIC DEBT. 417 speech, in which he gave a history of the pubhc debt from 1776 to 1789, and of the various solemn pledges given by Congress to redeem it. He cited at length the eloquent appeal made in 1789 by that body to the American people ; and concluded that they were bound, by every principle of honor, justice, and policy, to fund the debt. Mr. Fitzsimmons followed on the same side ; and he submitted another series of resolutions, more in detail, and in stricter conformity than Mr. Smith's with the Secretary's report. In the desultory debate which followed, Mr. Jackson, of Georgia, was alone opposed to funding the debt, a prac- tice which he maintained had always been injurious, and he was for further postponing the subject, though he dis- claimed being opposed to the payment of the debt. To the resolution, that provision be made for the pay- ment of the domestic debt, Mr. Scott, of Pennsylvania, mo-^ed an amendment, by adding " as soon as the same is ascertained and duly liquidated." He distinguished between the domestic and the foreign debt. The latter they were bound to pay, according to contract ; but as to the former, they were bound not only to provide the means of payment, but to decide on its justice. " One part of the community," he remarked, " applies to us to recover of the other what is due to it ; the other says, the debt as claimed is too large, it is more than is justly due ; you must try and determine between us, and say what part is just and what is not." This amendment, which gave rise to a discussion that continued through this and the following day, was sup- ported by the mover, by Messrs. Livermore, Jackson, and Tucker, and was opposed by Messrs. Boudinot, Ames, Sherman, Goodhue, Hartley, Stone, Sedgwick, and Gerry. The amendment being lost, Mr. Burke moved an VOL. I. — 27 418 DISCRIMINATION AMONG CEEDITOES. [CHAP. V. amendment to the original resolution, that " a discrimi- nation be made between the original holders and their assignees, and that a scale of depreciation be prepared accordingly." But he the next day disclaimed all inten- tion of voting for it, and withdrew it. Mr. Madison then rose, and after adverting to the silence he had hitherto maintained on the subject, that he might keep his mind open to the light shed on it by others, he presented his views in favor of discriminating between the original creditors and the present holders of alienated securities. He differed from those who considered that the obliga- tions of the United States were aifected by the late change of government. The debt was due from the people ; and the government, both then and now, is their agent, leaving their engagements unaltered. Of the four classes of public creditors, the claims of those who had never alienated, admitted of no dispute ; and the pre^ten- sions of intermediate holders were also to be disregarded, as they would lead the Legislature into a labyrinth for which no clew could be found. The rival pretensions, then, of the other two classes — the original creditors who have parted with their securities, and the present holders of those securities — were alone to be considered. The claims of the original creditors rest on justice, as the value acknowledged to be due to them has never been paid. They may appeal to the precedent in the compen- sation allowed to the army for depreciation ; as well as to the public sympathy for what they have suffered. The present holders also have their claims, which he did not wish to depreciate. As to meet both of these fully was beyond the resources of the country, and what no one expected, he proposed a composition ; and the terms which he proposed were, that the present holders 1790.] DISCRIMINATION AMONG CREDITORS. 419 should be paid the highest price that the securities have borne, by which no one could lose, and most would make a large profit ; and that the residue be paid to the origi- nal holders, which, though it would not do this class com- plete justice, would come nearer to it than any other expedient proposed. He urged that ordinary maxims did not strictly apply to the present case, since the fluctuations of stock in Europe, which had been referred to, never exceeded fifty to seventy per cent., and this evil did not justify the interposition of government ; but that the same forbear- ance could not be expected where the fluctuation had been seven or eight hundred per cent. In support of these views, he referred to what Great Britain had done in the South Sea scheme ; and concluded with moving an amendment for the discrimination he had recom- mended. He was replied to by Messrs. Boudinot, Sedgwick, Law- rence, Smith of South Carolina, Ames, Benson, Hartley, Wadsworth, Goodhue, Gerry, and Livermore, who main- tained, with great ability and zeal, that for the govern- ment, after having made the written evidences of this debt assignable, and promising to regard the assignee the same as the original creditor, to make the proposed dis- 'crimination, would not only violate the public faith, but be injurious to the public interests in all future engage- ments of the government : that the proposed plan was, moreover, on several accounts impracticable, especially from the fact that the books and papers of the govern- ment did not always show who was the real creditor : that the measure would also be unjust, not only from the general principles of law, but because, in the case of loan-office* certificates, the creditor received the very paper he chose to' purchase ; and in the case of the sol- 420 DISCEIMINATION AMONG CREDITORS. [CHAP. V. diers, they had experienced something like justice by the bounty they had received. It was urged that the original creditors had not asked for this relief, and that many of them would consider it dishonorable to receive it : that these new rights, if Mr. Madison's proposition prevailed, would present a further copious subject of speculation; and in thus aiming to benefit one set of creditors at the expense of another, a door would be opened to endless fraud, perjury, and liti- gation, in the investigation of questions of original owner- ship. It was denied that the interference with the South Sea contracts applied to the present case, when the government is asked to annul its own contracts, of which they said no example could be adduced. Mr. Madison offered replies to most of these arguments, and as to the last, he cited two instances in the history of Great Britain — one in the case of the Canada bills issued by the French government, in the war of 1756, which were subsequently redeemed by the British govern- ment at a reduced rate ; and the other was a case in which those who had claims on the civil list in 1713, having sold them at a loss, were permitted to redeem them on repayment of the purchase-money and interest : which were cases exactly similar to the present. Mr. Madison was partially sustained by Mr. Stone, who took an able but temperate view of the subject. The dis- crimination was supported by Messrs. Jackson, White, Page, and Lenay. Mr. Madison's proposition was lost by a majority of thirty-six votes to thirteen. During this discussion, the liveliest interest was felt and manifested by the class of speculators who had pur- chased the public securities, often as low as two shillings and sixpence in the pound, and in some cases yet lower, and who, after the report of the Secretary of the Trear 1790.] SPECULATIONS IN PUBLIC SECURITIES. 421 sury, confidently looked forward to their rising from ten shillings, at which they were then selling, to par, or very near it. This party, considerable in point of numbers, and possessed of intelligence and influence, were indefati- gable in their efforts, by means of the press, and by per- sonally canvassing with the members, to gain a majority in Congress ; and it was believed by many at the time, that, to ensure more votes, some of the members had been admitted as partners in purchases of public securi- ties, and that the requisite funds had been advanced for them by large speculators. Even if these suspicions had little or no foundation, the vote of the House of Repre- sentatives was very far from being a just index of the public sentiment. A large part of the community, per- haps the largest, were in favor of some discrimination between the original creditors of the country, whose pro- perty or personal efforts had achieved the Revolution, and those who, taking advantage of the creditors' necessities, had bought up their claims at a most reduced price, and were now clamorous for a profit often from six to eight hundred per cent. Many are now living who recollect that, for several years after the question was decided, those who had thus enriched themselves were regarded with much of that odium which both our good and bad feelings concur to excite against extortioners of every description, grinding landlords, money-lenders, all those, in short, who exact what has the sanction of law but not of conscience. It was not long afterwards that the yet more important question of assuming the State debts came under con- sideration, on which subject there was much more feeling than on the preceding question. On the justice of paying these debts by the Federal government, it was properly urged that they had all 422 ASSUMPTION OF STATE DEBTS. [CHAP. V. been incurred in consequence of the War of the Revo- lution, in which all had a common interest, and to which all ought to contribute, according to their ability and the benefit they had received. These, for want of a better rule, might be assumed to be according to the population of the States, estimated by the Federal ratio. The assumption was further recommended by other considerations. The General government having now the exclusive right to use the most, productive sources of revenue, ought to relieve the States from a proportional part of their bur- dens : that the same sum must be paid by the people, whether the debts were assumed or not, but the money could be more easily and economically collected by one government, and one set of officers, than by two : that it was calculated to raise well-founded discontent and com- plaints with the State creditors when they found, as many of them would find, that their claims, having equal merit with those against the Federal government, were inadequately provided for by the States : and , that the claims of all those whose property or personal efiects had contributed to the Revolution, being equally meritorious, ought to meet with the same share of the public favor and bounty, or, rather, the same measure of justice. Much stress was also laid on the hardship of continuing to impose on the States that were most heavily in debt, as Massachusetts and South Carolina, the burden of pro- viding for these debts, until a settlement took place, when those States had also large claims against the United States ; and that when a settlement did take place, com- plete justice could then be done to such States as had advanced more than their just proportion. But on the other side it was urged that, admitting the debts contracted by the several States to be debts of the whole Confederacy, yet inasmuch as some of the States 1789.] ASSUMPTION OF STATE DEBTS. 423 had already provided for the payment of their own debts, and had actually in part paid them off, to assume the debts of those States which had not diminished theirs would be highly unjust to the first mentioned class, and would subject them to more than their just contribution. By way of preventing such injustice, it was therefore pro- posed that the accounts of the States with the General government, and with one another, should be adjusted before the assumption took place. It was accordingly proposed that, the assumption of the State debts should be confined to such parts only as ap- peared to be a surplusage of any sum which a State had advanced beyond its just proportion of the expenses incurred in the defence of the common rights. This sur- plusage to be ascertained on a liquidation of the account. After a debate of some days, this amendment was rejected in committee by a vote of thirty-two to eighteen. It was then proposed by Mr. Madison, as likely to lessen the injustice and the dissatisfaction of some of the States, to take the debts of the States at the concljasion of the war, as the amount to be assumed, and that " the amount of the debts actually paid by any State to its creditors since a given day should be credited and paid to such State, on the same terms as the debts to indi- viduals." Mr. Madison's amendment was rejected by twenty- eight votes to twenty-two. The assumption was finally passed by a majority of five votes ; but some other subjects having engaged the attention of Congress, the Secretary's report was not called up until the twenty-ninth of March, by which time the five members from North Carolina had attended. It was then moved to recommit the clause which provided 424 ASSUMPTION OF STATE DEBTS. [CHAP. V. for the assumption of the State debts ; and this motion was carried by twenty-nine votes to twenty-seven. The members from North Carolina w^ere vehemently opposed to the assumption, as being very injurious to that State ; and after a spirited debal^e until the twelfth of April, the question of assumption was negatived by thirty- one votes to twenty-nine. Notwithstanding this vote, the proposition to assume was repeatedly renewed afterwards without success, until the twenty-first of April, when Mr. Sherman, of Connec- ticut, proposed specific assumptions in behalf of each State,^ to the amount of nineteen millions three hundred thousand dollars ; which, however, was rejected. Mr. Madison opposed the assumption in an elaborate speech,' in which he spoke of the injustice which would be done to Virginia by the assumption, though her con- tributions to the common cause had been, at least, equal to those of any other State. The next day, the twenty-third of April, Mr. Ames moved that the Secretary of War lay before the House a statement of the troops and stores furnished by the seve- ral States during the war ; which was carried. The report was made on the eleventh of May,^ which seemed to repel the proposition, that the advances of Virginia were superior to those of Massachusetts. Three days later, the House adopted the principal pro- visions of Mr. Hamilton's report, except as to the assump- tion of the State debts. On the twenty-fourth of May, the question of assumption was again brought forward by Mr. Gerry, who proposed assumptions of specific sums to each of the States, some- what similar to the proposition made by Mr. Sherman. ' II. Gales & Seatou's Debates, page 1586. » Ibid, page 1587. ' Ibid, page 1619. 1790.] ASSUMPTION OF STATE DEBTS. 425 This also gave rise to a warm debate, in which Messrs. Boudinot and Ames took the lead in replying to Mr. Madison's speech, and endeavored to show that the strongest considerations of policy, as well as of justice, were in favor of the assumption. Some other amendments were made, particularljr one for funding the outstanding bills of credit at one hundred for one ; and on the second of June the bill passed the House, and was sent to the Senate. The very lively interest which this question excited arose in part from considerations that were independent of its real merits. These were : First. The very large amount of debts due from the States of Massachusetts and South Carolina, each exceed- ing five millions of dollars, which they would find it diffi- cult, if not impracticable, to provide for, when they were deprived of so important a source of revenue as the impost. Secondly. Because the State debts had either already become a subject of speculation, or would become so, if the debts were assumed ; and thus all those who wished to realize the profits of the purchases they made, or who hoped to realize them from such purchases as they should make, became active and zealous advocates for the assumption. Thirdly. Those who expected that every public credi- tor of a funded debt would be a firm supporter of the new government, and who honestly believed that such support was needed, until it was strengthened by time and habit, were also friends of the assumption. On the other hand, the assumption was more strenu- ously opposed by others on both of these last accounts. They not only did not wish to see the class of moneyed men, and of crafty speculators, still further enriched at 426 COMPROMISE. [chap. v. the expense of those whose property or services had con- tributed to give independence and liberty to their country ; but they considered that the power and influence of the General government were already too great for the rights of the States; and that the assumption would hasten that process of consolidation of the States which they thought they saw in prospect, and which would destroy the just equilibrium between the Confederacy and the States. While the bill making provision for the public debts was before the Senate, and its fate was in suspense, this troublesome question was adjusted by one of those pieces of out-door management which often, by an unseen agency, control legislation ; and which, whether the compromise when abstractedly considered, advances the public benefit or not, have at least the merit of putting an end to the discord of conflicting parties. From. the time that Congress had decided to remove its place of meeting from Philadelphia, in consequence of the attem.pt made by some of the Pennsylvania line to overawe Congress, there had been a great contest among the States, each striving to secure the seat of government within its own territory, or as near to it as possible. By a combination of the Northern States, a majority had at one time decided on German- town as the permanent seat of government : then, in con- sequence of the offer of Virginia and Maryland to make a cession of ten miles square to the Federal government, a majority seemed to be in favor of some place on the Potomac. After Congress decided on meeting in New York, Pennsylvania, lest it should be permanently fixed in that city, united with the Southern States to have the seat of government further south; and Baltimore was selected as the temporary place of meeting. It was 1790.] STATE DEBTS ASSUMED. 427 therefore suggested that, in consideration of fixing it per- manently on the Potomac, which Virginia and Maryland anxiously desired, a vote or two in favor of assumption might be obtained from those States, by which changes there would be a majority in favor of that measure.' The arrangement accordingly took place, and it was agreed that Congress, after meeting for two years at Phi- ladelphia, should then meet at some point on the Poto- mac, to be selected by the President, which place should then be the permanent seat of government. Two of the Virginia delegation, who had hitherto been opposed to the assumption, then voted in favor of it, by which it was finally carried. In accordance with this arrangement, the bill for fixing the seat of government originated in the Senate, where it was passed on the first of July ; and the bill making provision for the public debt, sent from the House, was amended in the Senate so as to assume the debts of the States to the amount of twenty-one millions of dollars. Some other amendments were proposed, and among them one to fund the bills of credit at forty for one, which being rejected, it was then proposed to fund them at seventy- five for one, which was also rejected. Some of the amend- ments, modifying the terms of the loan, finally prevailed on a conference between the two Houses. Now that the feelings which this question once excited are passed away, when we have the means of appreciating the merit of the arguments urged both by its supporters ' This compromise was brought about by the agency of Alexander Hamilton, who appealed to the patriotism of Thomas Jefferson, in con- sequence of which his influence was successfully exerted on two of the members of Congress from Virginia, Messrs. White and Blair. See Mr. Jefferson's account of this compromise. — Jefferson's Cor- respondence. 428 POLICY OF THE ASSUMPTION. [CHAP. V. and opponents which they did not possess, we may pro- nounce on it, That, as a measure of justice, the claims of the State creditors were scarcely distinguishable from those of the United States, and it would be right to give to their claims, so long postponed, the addition of value they could derive from being funded, but that this purpose of thus benefitiag a meritorious class was in a great degree defeated by the speculations made on them after the Secretary's report, and during the debate. That, as a measure aflfording temporary relief to Mas- sachusetts and South Carolina, the benefit to those States greatly outweighed any inconvenience which other States might have suffered from it. As a measure of policy, in giving desirable support to the Federal government, or weakening the rights and independence of those States, its influence seems to have been egregiously overrated by both parties. If it made of every new fund-holder a friend to the General govern- ment, it probably also made many more enemies by pre- venting further examples of the cunning and greedy speculator running off with the spoils of the honest and unwary creditor, and by alarming the jealous fears of consolidation, and monarchy, and aristocracy, which already filled the minds of many with vain and imagi- nary terrors. Arguments quite as plausible present themselves, that every addition to the public debt weakened the government, as that they gave it strength; and the effect, either way, was probably insignificant. But as a financial measure it must be unhesitatingly condemned. Since, in funding the public debt, it was proposed to pay the creditors less than they were fairly entitled to, or a lower interest, on the ground of the inability of the govern- 1790.] CONSEQUENCES OF THE ASSUMPTION. 429 merit to do full justice, it was obviously desirable to assume no more than was necessary, since every addition to the debt, by pressing more heavily on the public resources, would lessen the value of the rest. When the debts of the States were small, it was easy for the States to discharge them from their own revenues ; and accord- ingly States so circumstanced did not wish for the assump- tion. But it might happen, and was even probable, that the States which had the largest debts were also creditors of the United States to the largest amount; in which case, their debt would be so reduced as to be not beyond their resources. This accordingly proved to be the fact. On an adjustment of the accounts of the States, it ap- peared that if the assumption had been deferred until that settlement had taken place, a large part of what had been thus assumed had been entirely unnecessary. A settlement was made by Commissioners in 1793, when it appeared that had the United States postponed the assumption until such settlement, they would have attained the same result by assuming eleven millions of dollars, as was attained by assuming twenty-three mil- lions.' It is true that the same sum would, in either case, have been drawn from the people, but as the Government found great practical difficulty in providing for its debt and its current expenses, and it could not do so without the aid of an excise which caused an insurrection, and a great increase of expenses, it would have been better that these eleven million of dollars should have been paid by the States, which had shown, both before and after the assumption, that they could easily pay their quotas. Thus, to afford temporary relief to two States, and to benefit that number of State creditors whose debts were ' Gallatin on Finances, page 107. 430 CONSEQUENCES OF THE ASSUMPTION. [CHAP. T. unprovided for by the respective States, and had not been purchased up by speculators, injustice was done to many of the States by making them contribute more than their just proportions of the public debt. The bur- dens of the General government, already weighty, were greatly increased ; an odious excise had been created ; a popular insurrection excited ; a heavy expense incurred to put it down; and jealousies and suspicions against the motives of those who administered the government were increased, and parties were thus created, and eventually acquired a bitterness which they probably would not have otherwise known. To the debt of twenty-one and a half millions of dol- lars, which was assumed, were added the balances due to creditor States, amounting to nearly two and a half millions, making the whole amount assumed nearly twenty-two and a half millions of dollars. Having followed this subject to its termination, which merited the more attention on account of the very lively interest it excited at the time, and because it contributed, more than any other question, to divide the country into two angry and hostile parties, let us now go back to the other principal measures which engaged the deliberations of Congress at this session. The enumeration of the inhabitants, which was required by the Constitution to be periodically taken to determine the representation of the different States, was provided for at this session. In February, a subject was brought before Congress, which, from that time to this, has never failed to excite the liveliest sensation in some of the States. This was the subject of negro slavery, which the Quakers brought to the notice of Congress in a petition to take measures for abolishing the slave-trade. The question of referring 1790.] PETITION AGAINST NEGRO SLAVERY. 431 the memorial to a committee gave rise to a debate, in which the members from South Carolina and Georgia were opjiosed to a reference. The petition having been laid on the table, a memorial, on the following day — the twelfth of February — for the abolition of slavery,' from a society in Pennsylvania, of which Benjamin Franklin was President, was presented, asking the inter- position of Congress for the purpose of putting an end to all traffic in the persons of their fellow-men. The ques- tion of referring this memorial to a committee was also debated with the same warmth as that from the Quakers; and on the question of the reference of both petitions, it was carried by forty-three votes to eleven — one member from New York, Sylvester, two members from Virginia, Bland and Coles, and one from Maryland, Stone, voting with all the members from South Carolina and Georgia. The committee to whom the subject was referred made a report on the eighth of March, in i which they declared that Congress had no power to prohibit the importation of slaves into any State permitting it, before 1808 ; nor could they interfere in the emancipation of any slaves, whether imported, or born in the United States; nor had they any authority to interfere in the internal regu- lations of the States concerning their slaves, or respecting the seizure, transportation, or sale of free negroes; and that they had confidence in the wisdom and humanity of the Legislature of those States. They at the same time declared that they might lay a tax on imported slaves within the limits prescribed by the Constitution; might interdict the slave-trade carried on by citizens of the United States for foreigners, and regulate that carried on for the United States, so far as to provide for the humane treatment of the slaves on their passages either to the United States or to foreign ports : that they might 432 REPORT ON NEGRO SLAVERY. [CHAP. V. prohibit foreigners from fitting out vessels in the United States for the slave-trade. They add, in conclusion, that they will, in all cases, use the authority of Congress for the humane objects of the memorialists. The report was unsatisfactory to the members of South Carolina, and a motion was made to recommit it, which was negatived. The Quakers, as before, were assailed with bitterness and defended with spirit. When the discussion was renewed, on the sixteenth of March, Mr. Tucker, after insisting on the injustice and unconstitutionality of the interposition of Congress on the subject, proposed to substitute for the whole report a resolution declaring such interposition unconstitutional, and tending to injure some of the States; when it was decided that the amendment was not in order. The House then entered on the discussion of the report, taking each resolution in succession, in which the former heat and acrimony were renewed. The debate continued for several days, and it was at length agreed to amend the report of the committee, and to insert the amended report on the journal ; which motion was car- ried by twenty-nine votes to twenty-five. The amended report did not differ from the report first made, except in using language less likely to give offence to the Southern States. It was in these words : " First. The migration or importation of such persons as any of the States now existing shall think proper to admit, cannot be prohibited by Congress, prior to the year 1808. " Second. Congress has no authority to interfere in the emancipation of slaves, or in the treatment of them within any of the States, it remaining with the several States alone to provide any regulations therein which humanity and true policy may require. 1790.] NEGKO SLAVERY DISCUSSED. 433 " Third. Congress has authority to restrain the citizens of the United States from carrying on the African trade for the purpose of supplying foreigners with slaves, and of providing, by proper regulations, for the humane treat- ment, during their passage, of slaves imported by the said citizens into the States admitting such importation." ' In this early discussion of a subject which has since been so often renewed, and which has more than once seemed, from the irreconcilable contrariety of sentiment with which it is viewed by the two great divisions of the States, to endanger their political union, both parties were led, in the ardor of their feelings, to assume ground that would be now regarded by both as untenable. Thus the members from the only two States which then imported slaves, spoke of the memorial as unconstitu- tional ; though, in asking Congress to go to the verge of their power to suppress the slave-trade, the memorialists recognise and respect the limits which the Constitution had set to that power : and those members reviled the Quakers for seeking to restrain a traffic which every State now condemns, and would be certain to interdict, if the Constitution had not made their interposition unne- cessary. On the other hand, Mr. Scott, of Pennsylvania, in his zeal to defend the memorialists, and to show his opposi- tion to slavery, presented an instance as striking of the ascendency of feeling over reason, and professed himself inclined to overstep the restrictions imposed by the Constitution.^ " Perhaps," he says, " in our legisla- tive capacity, we can go no further than to impose a duty of ten dollars ; but I do not know how far I might go, if I was one of the Judges of the United States, and those ' II. Gales & Seaton's Debates, page 1524. ^ Ibid, page 1242. VOL. I. — 28 434 RATIFICATIOlSr BY RHODE ISLAND. [CHAP. T. people were to come before me and claim their emanci- pation ; but I am sure I would go as far as I could :" and in a subsequent speech he seemed to regard the provision of the Constitution as controlled by the great law of neces- sity, and said : " I believe that if Congress should be, at any time, of opinion that a state of slavery attached to a person, is a quality altogether inadmissible into America, they would not be bound by the clause above cited (from the Constitution) from prohibiting that hateful quality." Which latitudinous and absurd view of the Constitution he enforced and illustrated at some length. Neither party on this delicate question would venture to push their doctrines to such extremes at the present day, though it must be confessed that both of them have occasionally made nearer approaches towards such ultra views than either prudence or sound logic can justify. This agitating discussion took place while the subject of providing for the public debt was under consideration, and since some of the States which were divided on one question were agreed on another, the local feelings and prejudices were probably thereby somewhat soothed. In this way, Messrs. Ames, Grout, and Thatcher, of Massa- chusetts, Trumbull of Connecticut, and Benson and Van Renssalaer of New York, might have been induced to vote with South Carolina, which State had voted with them for the assumption. On the question of recording the report of the committee, the ten members of Virginia were equally divided. In May, Rhode Island adopted and ratified the Con- stitution of the United States, of which the President in- formed the two Houses in June that he had received official information; and the requisite alterations in the census law, and some other statutes, were accordingly made. 1790.] CESSION BY NORTH CAROLINA. 435 At this session the State of North Carolina ceded the western portion of the country within the chartered liinits of that State, which portion now constitutes the State of Tennessee. The inhabitants of that region had, for some time, aimed to erect themselves into a separate State, which they termed Franklin (a name then occasion- ally changed to Frankland) ; but their efforts were resisted by North Carolina, and with success. That State, how- ever, foreseeing that if the western people persevered in their purpose, as they were likely to do, they would ulti- mately prevail, made a virtue of necessity, and trans- ferred her rights to the United States, by which transfer the purposes of those who aimed to form themselves into a separate State would be hastened and facilitated. A petition having been presented from Portsmouth, in New Hampshire, asking an increase of duties on foreign shipping, the same was referred to a select committee, who, in their report, recommended a duty of one dollar per ton on foreign-built vessels. This report indicated a determination to take more energetic measures to afford to the shipping and foreign commerce of the United States that protection which had been a principal object in forming the Federal Constitu- tion. From the discussion of the subject, which continued, with some intermissions, from the tenth of May to the thirtieth of June, we see that the difficulties which the new government encountered did not wholly proceed from the jealous power of foreign competitors, but arose, in part, from the conflicting interests among the States. Mr. Smith, of South Carolina, moved to strike out the first clause of the report (which proposed an increase of the tonnage duty,) as highly injurious to the agricultural interests of the United States. He urged that the mear- sure would be injurious to some of the States, and bene- 436 RETALIATION DISCUSSED. [OHAP. Y. ficial to others, by tending to increase their freight/S : that the ship-building interest already enjoyed great natural advantages, and required no special encouragement. Mr. Sherman was in favor of the duty, as encouraging the carrying trade and the ship-building of the United States, insisting that if it produced some partial inconve- nience at present, it would ultimately benefit the whole country. Mr. Goodhue, on the same side, made remarks on the value of the carrying trade, which had declined in con- sequence of the restrictions of foreign nations. He was willing to impose equal restrictions on them, but to go no further. Mr. Williamson did not think one part of the commu- nity should be burthened for the advantage of another. But he was friendly to the policy of American ships car- rying American produce to market. Mr. Jackson was opposed to the report, whether its object was revenue, retaliatian, or an encouragement to American shipping. He said that a tonnage duty of fifty cents was deemed sufficient at the preceding session ; now one of a dollar is asked, and next year two dollars a ton will probably be insisted on. He asked for proofs that American shipping required further encouragement, before we gave it. He said the carrying trade was of little importance to the United States, or to any country not having a navy. He insisted that the shipping inte- rest of the United States was sufficiently encouraged, and that a further encour^igement would be burthensome to the Southern States. Mr. Fitzsimmons would merely state facts, without giving an opinion at this time. He said that the opera- tion of the tonnage duty laid at the last session had proved beneficial : that the Southern States have the ports of 1790.] RETALIATION DISCUSSED. 437 the world now open to them, while the Eastern States are excluded from many ports to which they formerly had access : that the present low price of rice was uncon- nected with the subject. He was not in favor of a duty which would prevent foreign ships from coming to our ports ; but, at the same time, he did not wish to see the carrying trade monopolized by foreigners. Mr. Livermore contrasted the present with the former prosperous condition of the merchants of Portsmouth. Mr. Bloodworth thought the decision of the question was now premature. Mr. White was strongly opposed to the additional duty as injurious to agriculture ; and Mr. Page, his colleague, was as decidedly in favor of it. On the following day, motions first to strike out the duty, and to reduce it to seventy-five cents, were negar tived ; when the Committee rose, and reported progress. Mr. Madison spoke at great length in favor of going a step further, and of discriminating between the vessels of nations which were and which were not in commer- cial treaty with the United States. He doubted whether the measure proposed by the committee would have the intended effect, to which he professed himself friendly : it might induce the nations of Europe to make common cause against the United States. He questioned the pohcy of laying the additional duty on the shipping of France. He dwelt on the advantages which the trade with that country promised, and thought it would be three times as advantageous to the United States as their trade with any other nation. He spoke of the advan- tage of a consuming over a manufacturing country, and that the United States could do without Great Britain better than she could do without them. He concluded 438 RETALIATION DISCTTSSED. [CHAP. V. with moving to subject vessels of nations not in treaty with the United States to a higher duty/ Mr! Fitzsiminons said he had been in favor of the dis- crimination proposed by Mr. Madison, but now doubted its propriety. With the small amount of French ship- ping, the exemption from the additional duty would be no object with France ; but with the large surplus owned by Great Britain, she cannot employ them so advantageously as in the American trade. He pointed out the great benefit she derives from the United States. Our advan- tages were correspondingly great, and he should be sorry to risk them by the proposed enhancement of the ton- nage duty. Mr. Ames was also opposed to the motion. He said France could not be much benefited by the discrimina- tion; and that American vessels were admitted with almost as much facility into the British as into the French islands. He had hoped that this question, after having been decided at the last session, would not be renewed. The motion, however, prevailed by thirty-two votes against nineteen; and the resolution, as amended, was as follows : That the tonnage on all foreign-built bottoms belong- ing to nations not in commercial treaty with the United States be raised to the sum of one dollar per ton, from and after the first of January next. On the following day, Mr. Madison, encouraged by the success of his previous motion, moved an addition to the resolution agreed to, that after a given day there should be an increased tonnage duty on vessels of nations not in treaty with the United States, and on a subse- quent given day a further increase of duty; and that ' II. Gales & Seaton's Debates, page 1626. 1790.] RETALIATION DISCUSSED. 439 such vessels should be prohibited from exporting from the United States " any unmanufactured article, the growth or produce thereof." He supported his motion by various arguments and illustrations. The motion was opposed by Messrs. Fitzsimmons, Law- rence, Sedgwick, and Smith of South Carolina, as haz- ardous and inexpedient. Mr. Madison replied to their arguments at great length. He defended the measure, as one of retaUar tion against Great Britain. He said the principle on which she regulated her West India trade was a depar- ture from her Navigation Act, which allowed other ves- sels to carry their own produce in their own ships into her ports. * He endeavored to show that Great Britain would not throw away or put in jeopardy so extensive and valuable a trade as that she had with her West India colonies, and also with the trade in American tobacco. He laid a stress on the dependence of the West Indies upon this country for bread : said she would not seek to hasten the progress of manufactures in the United States ; and the West Indies could not dispense with lumber, nor with the sale of their rum. They could neither prosper nor subsist without the trade of the United States. As Great Britain now enjoyed the full benefit of the trade to the United States, their Exe- cutive had nothing to offer or withdraw. By passing the . act proposed, he may say, " if you do not give the United States proper privileges, those given to you shall be dis- continued.'" Mr. Fitzsimmons again regarded the measure as a bold one, and he believed that Great Britain would, at all hazards, maintain her system of trade with the West Indies. He was friendly to the encouragement ' II. Gales & Seaton's Debates, page 1624. 440 TONNAGE DUTIES. [CHAP. Y. of American shipping, but thought we had gone far enough. Mr. Williamson stated that Great Britain had been dis- posed, at the time of the treaty of peace, to enter into a commercial treaty, but finding our ports were open to her ships, had declined it. Mr. Lawrence was in favor of postponing a decision, and urged considerations both for and against the mear sure. Mr. Jackson was opposed to the bill, but Mr. Page was decidedly in favor of it. The Committee rose and reported in favor of the addi- tional duties on foreign vessels, and of prohibiting them from exporting raw produce from the United States, with a proviso, however, which excepted from the operation of the act the vessels of any nation which permitted the importation of fish, salted provisions, grain, and lumber in vessels of the United States. A bill, in accordance with the resolution of the Committee, was ordered to be brought in. So far, a majority of the House had been evidently in favor of Mr. Madison's policy of retaliating the commer- cial restrictions of Great Britain. But in the course of a few weeks a great change seems to have taken place. In the interval. Congress passed a general tonnage act, sub- stantially the same as the one passed at the preceding session ; which act was apparently considered to afford as great encouragement to American shipping as it would be then prudent to give. It was clear, from the debates, that a variety of interests were enlisted against the pro- posed retaUation. Its opponents urged that as the ship- ping of the United States was not then adequate to the wants of the country, the exclusion of British vessels would be highly injurious to the Southern exporter; and 1790.] RETALIATION AGAIN PROPOSED. 441 that it would enhance the -price of imports. Even th.e ship-owners of the Northern and Middle States did not favor the policy, from a dread, no doubt, of counteracting measures on the part of Great Britain. On the twenty-ninth of June, therefore, the retaliatory bill was negatived in the Committee of the Whole, when a substitute was adopted, on the motion of Mr. Pitzsim- mons, that a specific tonnage duty should be laid on all vessels not built or registered in the United States ; and a duty of the like character on foreign vessels coming to the United States from ports from which American ships were excluded." The next day, however, Mr. Madison made another attempt to procure the adoption of his retaliatory policy, by proposing, first, that in all cases in which vessels of the United States are prohibited from bringing any arti- cle from a foreign country into the United States, the vessels of such foreign country shall be subjected to a like prohibition ; and, secondly, where the vessels of the United States are prohibited from carrying to a foreign country articles not the product of this country, the vessels of such foreign country shall also be pro- hibited from bringing into these States any articles not the product of such foreign country. But from the change of sentiment which had taken place, neither these resolutions of Mr. Madison, nor the milder measures pro- posed by Mr. Fitzsimmons, were acted on during the remainder of the session. The subject was not, indeed, renewed until the year 1794, when it was brought for- ward by Mr. Madison. It is but justice to this statesman to remark, that no one could be more thoroughly con- vinced of the benefits of free trade than he; and he thought the most effectual mode of promoting its liberal ' n. Gales & Seaton'e Debates, page 1712. 442 NATURALIZATION — TRADE WITH INDIANS. [OHAP. V. principles was to make Great Britain feel the inconve- nience of restriction. Had lie received sufficient support at home, it is impossible that the self-harming policy should have been continued, with little abatement, by either nation for more than forty years. As it was the obvious policy of the United States to encourage immigration, while they had so thin a popula- tion on their extensive territory, Congress availed them- selves of their constitutional power on the subject of naturalization to extend the rights of citizenship to all foreigners on the very easy terms of two years' residence within the United States,* on proof of good character, and on taking an oath to support the Federal Constitution ; which rights were also extended to the applicant's chil- dren under twenty-one years of age. It was with the like considerations that the furniture, books, and tools of immigrants were exempted from the payment of duties. A portion of the members were for allowing some of the privileges of a citizen, as to hold real estate, on a residence of one year, or even less, and thus to extend those privileges, according to different degrees of resi- dence ; but a simpler and more uniform course was finally deemed preferable. A law was also passed for regulating the intercourse with the Indians, by which no one was allowed to trade with them without a license to be issued by a Super- intendent appointed by the President; and the per- son so licensed was required to give bond for the faithful performance of the conditions prescribed for such trade. Persons trading without such license forfeited their mer- chandize. All sales of lands by Indians, except by pub- lic treaty, were declared void ; and all crimes committed 1790.] DEATH OF DR. FRANKLIN. 443 against Indians were equally punishable as if committed witliin the jurisdiction of the United States. In the act for punishing crimes in the United States, it was provided that there should be no prosecution for any offence committed more than three years previous, nor ' for any inferior offence, committed more than two years before ; it seeming to them that in a few rare cases in which new evidence sufficient to convict might be found, such offences, after those periods of time, had bet- ter go unpunished, than that the accused should be exposed to the danger of malice, perjury, and the uncer- tainty that time ever casts upon facts. All the reasons in favor of an act of limitations in civil cases are applica- ble to criminal cases. During this session Dr. Franklin died at the advanced age of eighty-four. His death was brought to the notice of the House of Representatives by Mr. Madison, who paid a high and just tribute to his fame abroad as well as at home, and to his long course of -patriotic services. He concluded with moving a resolution which, after a brief, but high eulogy on Franklin, proposed that the HRuse wear the customary badge of mourning for one month, which was adopted. The National Assembly of France, on the eleventh of June, paid to the memory of the patriot and philosopher a similar honor, by wearing mourning for three days : and, on the twenty-eighth of June, it addressed a letter to the President of the United States, in which, after adverting to their decree of the eleventh, they pronounced a lofty panegyric on Franklin's moral and intellectual character.' A joint resolution of the two Houses, prepared in the ' II. Gales & Seaton's Debates, page 2171. 444 ACTS OF CONGRESS. [CHAP. V. Senate, expressed the sensibility of Congress to the tribute paid to Franklin's memory by the National Assembly.^ In a government so newly organized, the number of public laws enacted at this session was necessarily large. The most important of them were : An act for the punishment of crimes against the United States ; as treason, piracy, murder on the high seas, or offences committed in places in which the United Stgites have exclusive jurisdiction. An act for regulating the military establishment of the United States. This amounted only to one thousand two hundred and sixteen men, enlisted for three years. An act for the collection of duties on imports. It created fifty-seven collection districts, of which no less than twenty were in Massachusetts. It regulated the impost, and the duties of the several ofiicers employed in collecting it. An act providing for intercourse with foreign nations. The sum of forty thousand dollars is appropriated ; and the salary of a Minister Plenipotentiary is nine thousand dollars. An act for the settlement of the accounts between the United States and the individual States. For this pur- pose three Commissioners are appointed, whose duties are prescribed. An act providing for the reduction of the public debt. This authorises certain officers^ of the government to pur- chase, with the surplus money in the treasury, the debt ' TI. Gales & Seaton's Debates, page 2021. ' The President of the Senate, the Chief Justice, Secretary of State, Secretary of the Treasury, and Attorney-Greneral. This was the origin of the sinking fund, of which those officers were the permanent Com- missioners. '■^m 1790.] CONGRESS ADJOURNS. 445 of the United States at its market price, if that did not exceed the par value. An act for establishing the temporary and permanent seat of government. By this, Congress was to meet at Philadelphia until the year 1800, after which the perma- nent seat of government was to be on the Potomac. An act providing further revenue, by which an excise was laid on distilled spirits, and an addition made both to the specific and the ad valorem duties. An act allowing pensions to disabled soldiers and sea- men. To this list we may add the following acts as meriting special notice : An act to regulate the trade with the Indians; to favor the progress of the useful arts ; to secure the copy- right to authors; to authenticate records and judicial proceedings from one State to another. After a laborious session of seven months, Congress adjourned on the seventh of August, to meet again on the seventh of December. The line of division between the two parties of Fede- ralists and anti-Federalists had become marked during this long and busy session ; and no one question had con- tributed so much to that result as the funding of the public debt, and the assumption of the State debts. Those measures had added strength to the jealousy enter- tained of the power of the Federal government, and the manifestation of this jealousy had augmented the zeal to support the government, and excited a further dread of the unfriendly feelings entertained towards it. At the succeeding session of the Virginia Legislature, in defence of the rights of the States, it was fain to express its dissatisfaction with the assumption of the State debts as unwarranted by the Constitution, which 446 OPPOSITION TO THE ADMINISTRATION. [CHAP.T. limited the power of the Federal government to pay the debts of the States in their collective capacity. It also condemned the irredeemable quality of a part of the pub- lic debt, as contrary to sound policy, and as indicating a dis- position to perpetuate the debt by way of increasing the in- fluence of the Federal government. It, lastly, condemned the practice of the Senate in sitting with closed doors, which practice had been for some time an object of popu- lar jealousy, and a theme of newspaper censure. The assumption was also condemned by the Legislatures of Pennsylvania, Maryland, and North Carolina. These sen- timents extensively prevailed in the last-mentioned State, and were adopted by individuals in all the States. A begin- ning, in fact, was now formed of a regular opposition to the views and objects of the party of which Mr. Adams, the Vice-President, and Mr. Hamilton were regarded as the head ; for though their plans often had the support of General Washington, his attachment to republican govern- ment was not then doubted, or if it was by a very small number of minds prone to suspicion, the attachment of the people to him, and their confidence in his integrity were too great to be shaken ; and no one could then ven- ture to assail him, without being certain of injuring him- self in the public estimation. The next session of Congress was held at Philadelphia. In the President's opening speech, delivered on the eighth of December, he congratulated them on the continuance of the public prosperity, and of the progress of public credit, manifested by the rise in the price of the Ame- rican stocks;' and that the product of the revenue had exceeded expectations. He adverted to the hostile incursions of the Indians on the north-west, which had induced him to order out ' The price had now risen to seventy-five cents in the dollar. 1790.] CESSION OF INDIAN TERRITORY. 447 both regulars and militia for the defence of that frontier. Encouragement to navigation was recommended ; the ap- pointment of consuls abroad ; the militia; a mint; weights and measures ; the post-ofl&ce and post-roads, were also brought to their notice. He hopes not only that adequate provision will be made for paying the interest of the public debt, but also, as the resources of the country permit, for discharging the principal itself; and the western lands are spoken of as in all respects a desirable and valuable resource for that object. The answer of the two Houses indicated undiminished harmony between them and the President, and that the opposition, which had been so plainly manifested, by minorities in each House, to Mr. Hamilton and his sup- porters, had not yet extended to Washington himself: yet in the debate which preceded the response of the House to the President's speech, there was evidence of sotne individual exceptions to the general rule. In a treaty which had been recently concluded by the United States with the Creek Indians within the char- tered limits of Georgia, an extensive territory, in which that State had claimed the right of soil, but which had been generally admitted to be in the Indians, was ceded to the United States. "With this treaty Georgia had been much dissatisfied, and Mr. Jackson, from that State, with his wonted impetuosity, condemned the treaty for ceding away more than three millions of acres of land belonging to Georgia, and also for its containing secret articles, which he denounced as incompatible with the Constitu- tion. There was also some difference of opinion manifested as to the encouragement which should be given to naAd- gation. 448 LAND OFFICE — EXCISE. [CHAP. V. Notwithstanding these animadversions, the answer to the speech proposed by the Committee was unanimously adopted. Two reports were received from the Secretary of the Treasury : one on the subject of the public debt, and the other recommending the establishment of a national bank. The first subject, however, which engaged the delibe- rations of the House was the establishment of a system of militia, which then, as at all subsequent periods, proved one of the most impracticable subjects. After much dis- cussion of the details of the bill reported by a committee, it was recommitted, and an amendatory bill proposed, which was not finally acted on. The next subject of their deliberations was the public lands. In the biU for the establishment of a land office, the price of the lands was inconsiderately limited to the low price of thirty cents an acre, though Mr. Sherman- proposed to substitute fifty cents an acre, remarking that they would probably soon be worth that sum. The bill which was passed by the House, was postponed by the Senate. Early in January, the subject of a duty or excise on spirits distilled in the United States, which the Secretary of the Treasury had recommended, was taken up, and it having been referred to a Committee of the Whole, it gave rise to a long and warm discussion. This measure was opposed by Mr. Jackson, of Georgia, as bearing oppressively on the Southern States, which, having neither breweries nor orchards, were great con- sumers of spirituous liquors. Excises were denounced as a species of tax peculiarly odious in England. They were also said to be unnecessary, as the additional revenue might not be required. 1790.] POLICY OF AN EXCISE DISCUSSED. 449 Similar arguments were urged by Mr. Parker, of Vir- ginia. Mr. Stone had no objection to additional revenue, but was averse to an excise. Mr. Madison considered that, -of all excises, that on ardent spirits was the least exceptionable. He said he. should prefer direct taxation, were it not that this was against the public sentiment, and the opinion of a ma- jority of the House. Mr. Lawrence, of New York, was in favor of the bill. Mr. Steele, of North Carolina, was opposed to an ex- cise. He stated that the Assembly of North Carolina had refused to take an oath to support the Federal Con- stitution, and also to admit prisoners under the laws of the United States into the jails of their State — all indicating hostility to the General government; and ho urged that nothing should be done to increase the local discontent. He preferred a direct, or even a poll tax ; and urged that, under an excise, the people of his State would pay ten times as much as the people of Connecticut. Mr. Livermore was in favor of the bill, as this tax was every way preferable to direct taxation. Mr. Bloodworth, of North Carolina, was opposed to the .bill. Mr. Sedgwick spoke in favor of it ; and of the four ordinary modes of taxation, he pronounced this to be the least objectionable. Mr. Smith, of South Carolina, defended the bill, and insisted on the necessity of obtaining further revenue. Mr. Giles, of Virginia, agreed that a further revenue was required, and he thought that the objections made to the excise were for want of information. He believed the people wpuld acquiesce in it. VOL. I. — 29 450 NATIONAL BANK. [CHAP. V. The necessity for the revenue which the bill proposed to raise, occasioned further debate, when, as before, a large majority appeared to be in favor of the measure. The details of the system also gave rise to much discus- sion, during which the ayes and noes were repeatedly called. The bill was passed, on the twenty-seventh of January, by thirty-five votes to twenty-one. On the first of February, the House entered on the dis- cussion of a bill sent from the Senate for the establish- ment of a Bank of the United States, agreeably to the recommendation from the Secretary of the Treasury, and in conformity with his plan. Mr. Jackson was opposed to the bill, both as to its expediency and constitutionality. He thought it calcu- lated to benefit the mercantile interest exclusively. It was a monopoly ; it infringed the charter of the Bank of North America ; and he referred to the essays of " The Federalist," to show that the power assumed by the bill was unconstitutional. The first question was on recommitting the bill. Mr. Lawrence maintained the constitutionality from ihe power of borrowing money, from which he inferred the right to create a capital : that the Bank of North America was established by the late Confederation, and no one would contend that this government had less power than that : that it would benefit both the centre and extremity of the Union ; that the commercial, me- chanical, and agricultural classes are so combined, that one cannot be benefited without benefiting the other. Mr. Tucker objected to the loan of two millions of dollars to the bank, as it diverted that much from the object for which it was borrowed. He objected also to the bank's power of lending to the Government. Messrs. Williamson, Madison, Gates, and Stone, were 1790.] NATIONAL BANK. 451 in favor of recommitment ; and Messrs. Sherman, Gerry, Ames, Vining, and Boudinot were opposed to it. There were twenty-three votes in favor of recommit- ting, and thirty-four against. It was a geographical divi- sion; all north of Maryland, except Grant of Massachu- setts and Brown of Rhode Island, voting one way, and the Southern States the other. The bill was elaborately assailed by Messrs. Madison and Giles, of Virginia, and Stone, of Maryland ; and as elaborately defended by Messrs. Ames and Sedgwick, of Massachusetts; Lawrence, of New York; Vining, of Delaware ; and Smith, of South Carolina. The opposers of the bank made some objections to the policy of the measure, and the terms of their charter ; but their chief ground of attack was that Congress had no power, under the Constitution, to establish a bank. Examining in succession all the grants of power under which the right to establish a bank could be claimed, they urged : That it could not be drawn from the power to lay and collect taxes to pay public debts, and to provide for the common defence and welfare, as it laid no tax, and made no provision for the general welfare. That the power as to the terms "common defence and general welfare," was limited to laying taxes for these objects ; and that the general purposes themselves were Limited by the particular enumeration of acts which followed. Any other construction would give to Con- gress unlimited powers. That it could not be drawn from the power to borrow money, as it borrows none. To suppose that the power to borrow money involves the power of creating the ability to lend, is as forced a construction as to say that 452 NATIONAL BANK. [CHAP. V. it involves the power of compelling the will, where there may be the ability to lend. That it cannot be drawn from the power to pass all laws "necessary and proper" to execute the specified power. It is not enough that the means used should be conducive to the execution of an admitted power ; but they must also be necessary, or be directly incidental means to the end proposed. Any other construction would give to Congress powers without limit, which was variously illustrated. By such a course of implication, to borrow money is made the end, and the accom- modation of capitals is implied as the means. The accumulation of capitals is then the end, and a bank is implied as the means. The Bank is thus the end, and a charter of incorporation and a monopoly are the means. Nor could it be drawn from the power to regulate com- merce, as the bill proposes no such regulation ; and even though it did, yet, as it would give a preference to Phila- delphia, the seat of the bank, over other ports, it would be forbidden by the Constitution. These arguments had the more force, because it was well known that a power to grant charters of incorpora- tion had been proposed in the general convention, and had been rejected. The power to create corporations is an important power, because it confers important civil rights, which could not otherwise be claimed. It may thus be assimilated to the benefits conferred by naturali- zation. In giving to corporations the right to make by- laws, a sort of legislative power is conferred on them. It was further urged that the bill gives to the bank the right to hold land in a State, which Congress did not itself possess. It involves a monopoly, which affects the equal rights of the citizens ; and it leads to penal 1791.] NATIONAL BANK. 453 regulations, which are among the most solemn acts of sovereign authority. The opponents of the bill made a distinction between a power necessary and proper for the government, and one necessary and proper for executing the enumerated powers. The latter only could be implied. In the case of the government, all such powers were expressly enume- rated : they said that had the power of making treaties been omitted, however necessary such a power might have been, the defect could not have been supplied by implication. Further arguments against the power were deduced from cotemporary expositions of the Constitution in the State conventions, and in the proposed amendments, as to the meaning of the words " necessary and proper," and as to remote or refined implications. The supporters of the bill, on the other hand, main- tained : that Congress may exercise powers not expressly granted by the Constitution; in proof of which, numerous acts were referred to, as erecting light-houses, laws to govern seamen, and some others, because they are inci- dent to the power to regulate trade. No one could doubt that Congress could lend money, or redeem their captives in Algiers ; jet those powers are not expressly given. To declare ia detail all that a government may do would be impossible, and has never been attempted. In doubtful cases there may be as much (or even more) mischief in forbearing to exercise a power as in exercising it. They insisted that Congress may do any thing that is necessary and proper to the end for which it was created. They regarded banks, by their utility, and the general use made of them by civilized nations, to be of that character. They alone could furnish money to the government on a sudden emergency. It cannot be said 454 NATIONAL BANK. [CHAP. V. that this may be affected by paper-money, since there is no express grant of the power to issue paper-money. The power to govern the western territory is not expressly given, but is implied from the power to make needful rules and regulations concerning it. The power to bor- row money was of narrow use without the institution of a bank. They denied that the proper interpretation of the words " necessary and proper" was the same as " indis- pensable ;" these merely meant to refer to known and usual means to facilitate ends which were permitted by the Constitution. That banks were among the known and usual means to enable the government with most ease, and the least burthen to the people, to collect taxes, borrow money, regulate commerce, raise and support armaments ; which was sufficient to prove their constitu- tionality. That as to cotemporaneous exposition, it would appear from the amendments proposed by New Hampshire, Mas- sachusetts, and New York, by which Congress was pro- hibited from establishing companies with exclusive privi- leges, that those States considered Congress to possess that power, under the Constitution. That, in authorising the bank to purchase real estate. Congress did not make any new grant of power, since every individual, or association of individuals, had that power, and the act was rather a restriction on this general right than a grant of a new right. That, under the charter of incorporation, the stock- holders as a body can do nothing which they could not have done in their individual character without the char- ter; and the only difference was, that some faciHties were given to them in the management of their business, such as to bring suits in their common name, receive deeds. 1791.] NATIONAL BANK. 455 and the like, by which the association is benefited, and no one is injured. A private bank might do every thing which this incorporated bank is permitted to do, but they could not do it with the same facility to themselves, or safety to the public. That, according to all the rules for interpreting written instruments, they were justified in giving to the Consti- tution a liberal rather than a strict construction ; the one being alone likely to fulfil the purposes of its framers, while the other would defeat them. The importance, nay, the necessity of a bank, to enable the government to. borrow money in a season of war, or other emergency, was proved when the Bank of North America was established by the old Confederation. As an example of implying powers in the government from their necessity, utility, and reasonableness, the remova- bility of ofl&cers by the President was urged, the Consti- tution being silent on the subject, and the power of removal not being necessary, in the strict sense, for the execution of any other power. It was said there was no motion in the Convention to give power to establish a bank, but merely to erect com- mercial corporations, which was negatived, as it ought to have been. It was denied to be a monopoly, as the States may form similar corporations. They said it was not true that the Federal Government may not hold lands, as it may hold them by execution, conquest, or treaty ; and, moreover, that Congress had often vested others with powers which itself could not exercise. Keplies to all these arguments were made by Messrs. Madison, Stone, and Gates. The debate was closed on the eighth of February, when, on taking the question, there appeared to be 456 CONSTRUCTION OF CONSTITUTIONS. [CHAP. V. thirty-nine votes in favor of the bill, and twenty against it. Here, too, the division was by a geographical line — all the dissentients being south of the Potomac, except Grout, of Massachusetts ; and all the supporters of the bill being north, except Steele, of North Carolina, and Smith, of South Carolina. The arguments on this subject are given more fully, because the same question was agitated on two occasions afterwards — in 1814, and 1832 to 1836 — with yet more interest and vehemence, when the decision then made by large majorities in both Houses of Congress, and which had been previously sanctioned by the judiciary, and acquiesced in by the people for forty years, was reversed, and the authority of that reversal may, according to all present appearances, become permanent. This question (as well as many others) affords a fur- ther illustration of the uncertainty which is inherent in the interpretation of all written constitutions ; and that men will always be divided, not only about the meaning of the language used, but whether those fundamental laws should be construed in a liberal or strict sense. On this subject, so fruitful of discord, and affording so much aliment to party spirit in free countries, it may be remarked, that in all doubtful cases, that is, cases in which the precepts of the Constitution are not clear and precise, there are two rules of construction, which seem to have very different degrees of merit. One is, to try to find out the purpose or intention of the framers of the Constitution, from their arguments, and the circumstances of the times — showing the good sought to be attained or the evil to be remedied — and to make that intention the governing rule, as in the case of pri- vate testators. Another is, to disregard all extrinsic circumstances, as 1791.] BANK CHARTER. 457 leading to vagueness and uncertainty, and to consult the language alone as the only mode by which a certain and uniform rule is to be attained. The public interest seems strongly to recommend the second rule; for, in the changes which time is ever bringing in human affairs, and in the progressive ad- vancement of a nation, a course of policy which was wise at one time may not be so at another; and views which the framers of the Constitution entertained, and which, it must be recollected, were ia the main speculative, may be proved, by the lights of experience, no longer expe- dient. It would, therefore, be impolitic to seek to give to such any additional force, by referring to the probable wishes of the framers. To make these wishes our guide, in doubtful cases of construction, would be to postpone experience to mere speculation. The same considerations justify us in giving a large or a narrow construction to the terms of the Constitution, according as they will best promote the public interest and happiness. Such, indeed, has commonly been the prevalent course of the Legislature on all' great questions ; such, indeed, is the dictate of common sense in our prac- tical application of every law, human or divine. The bill which established the bank granted a charter for twenty years. Its capital was ten millions, of which one-fourth was to be paid in specie, and three-fourths in public stock. The government might subscribe to two millions of the stock. The bank was allowed to establish branches in any of the States, and to lend to the General government a sum not exceeding one hundred thousand dollars, or to any State more than fifty thousand dollars. It was subjected to prudent restrictions and regulations. As the leading members of Congress were so divided about the constitutionality of a national bank, General 458 harmer's defeat. [chap. y. Washington, with his wonted anxiety to do right, and wise precautions to ascertain what was right, requested the opinions in writing of the members of his Cabinet, before he decided on giving his signature to the bill. The Secretary of State and Attorney-General were clear that Congress had not the power, while the other two members were as decided in the opposition. After well weighing these opinions, he concurred in the deci- sion of Congress, and signed the bill. These opinions for and against the constitutionality of the bank, were drawn respectively by Mr. Jefferson and Mr. Hamilton, and exhibit their accustomed ability. Yet one can scarcely doubt that both of them were greatly influenced by the bearing the proposed institution was believed by each of the newly-formed parties to have on its respective inte- rests, especially when it is recollected that so many lead- ing politicians have, under the bias of party feelings, changed their opinions on this agitated subject. In the preceding autumn, the expedition against the Indians on the Wabash, which was mentioned by the President, in his opening message, had not met with the success expected from it. The regular forces, amounting to three hundred and sixty men, under the command of General Harmer, who was a veteran of the Revolution, was joined by militia of Pennsylvania and Kentucky, so as to raise his force to above fourteen hundred men. In several rencounters with the Indians, the troops under Harmer had been repulsed with great loss, which induced the President to ask Congress to authorise the addition of another regiment to the regular force, and also to cause two thousand of new levies to be raised for six months. At this session two new members were added to the Union. The people of Kentucky, who had been naany 1791.] ADMISSION OP KENTUCKY AND VERMONT. 459 years aiming to form a separate State, had at length oh- tained the consent of Virginia, the parent State ; and having petitioned Congress to pass a law admitting them, a bill for this purpose was passed on the ninth of Fe- bruary, 1791. A bill for the immediate admission of Vermont, in like manner originated in the Senate, and was passed by the House on the eighteenth of February, 1791.^ The local jealousy of political power was here mani- fested — as it long continued to be — in an unwillingness to make any addition to it either in the North or the South, without a corresponding addition in the opposite quarter. On the third of March, the first Congress terminated by the provisions of the Constitution, having, in the course of three sessions in the two years, done all that was most essential to organize the new government, and to put it into efficient operation ; and the' course they cautiously and judiciously marked out has, with slight modifications, remained in force ever since. ' See Appendix No. VII. for a notice of the controversies respecting the territory of Vermont. CHAPTER VI. WASHINGTON'S ADMINISTRATION. FIRST TERM. 1791—1793. The President having previously made a tour through the Northern States, was induced, after the rising of Con- gress, to make a similar visit to the South : but before he set out, he exercised the power assigned to him by Con- gress, of lajdng off, by Commissioners appointed for that purpose, the ten miles square which Maryland and Vir- ginia had granted to the United States for the permanent seat of government; and an engineer of reputation there- upon planned a city which, in its extent, was better adapted to what the United States would probably need in the coiirse of a century than to its present wa,nts. In his Southern excursion, the President derived much pleasure, as well as instruction, from the personal know- ledge he thus acquired of the condition of the country, and of public sentiment. "The people at large," he says, ''have felt the security which it [the General government] gives, and the equal justice which it administers to them. The farmer, the merchant, and the mechanic have seen their several interests attended to, and thence they unite in placing a confidence in their representatives, as well as in those in whose hands the execution of the laws is placed. Industry has there taken the place of idleness, and economy of dis- sipation. Two or three years of good crops, and a ready (460) IT'S!-] THE FIRST CENSUS. 461 market for the produce of their lands, have put every one in good humor; and in some instances they even impute to the government what is due only to the good- ness of Providence." ' In the course of this summer, the first census of the inhabitants was taken, according to which the whole number was 3,929,827 : Of whites 3,172,464 Of free colored persons 59,466 Of slaves 697,897 Total 3,929,827 The gross population of the States north of Delaware, having 40,000 slaves, was 1,968,455 ; and in the Southern and Western States, having 657,047 slaves, the gross population was 1,961,374. The white males having been distinguished into those who were sixteen years and upwards, and those under that age, it was remarked that it divided them into two nearly equal portions. Separated as the Unite'd States are by more than three thousand miles from Europe, they might seem to have no very direct interest in the affairs of that continent; but in the present state of the world no civilized nation, especially one so commercial as the United States, could fail to have important and interesting relations with the principal nations of Europe. The state of those relations at this time we will now notice. We have seen that Great Britain was unwilling not only to enter into a commercial treaty with her former colonies, but even to treat them with the courtesy that prevails among civilized nations, of sending a diplorhatic , X. Sparks's Washington, page 170. 462 EELATIONS WITH ENGLAND. [CHAP. VI. representative. But as some agent of her government was deemed important to her interests, an aid-de-camp of the Governor of Canada was at Philadelphia, in the character of an informal agent of his government, and he doubtless discharged one of the offices of diplomacy, per- haps the most important, of keeping his employers apprised of the sentiments and views of the leading men in the United States, and of their probable future policy. It was soon found that the continuance of this fastidious course by Great Britain would be a sacrifice of her inte- rests to her pride. The favor with which Mr. Madison's retaliatory propositions had been received by a large minority in Congress, gave her assurance that the United States were prepared to adopt a policy, by which her com- mercial interests generally, and her West India interests in particular, might be seriously affected. The terms of the treaty of peace were, moreover, still unexecuted ; and though she still retained the posts which she had agreed to surrender, and though the claims against her for a part of the slaves carried away were unsatisfied, yet these fail- ures on her part afforded no sufficient compensation for the large amount of debts due from American citizens to British subjects, and which could not yet be recovered by law, according to the stipulations of the treaty of Paris. Mr. Gouverneur Morris, who was about to go to Europe, had been appointed by the President to sound the British government as to their views towards the United States; and in his conferences with different members of the British ministry, he found that there was no disposition to form a commercial treaty with the American Republic ; and they did not hesitate to avow that they should retain the northern posts, if the delay in the American government to fulfil its engagements 1791.] RELATIONS WITH SPAIN. 463 should render the execution impracticable,' until redress should be made for the failure, and also for the delay. They refused to point out what parts of the treaty were rendered impracticable, and showed little disposition to afford any explanation whatever. Nor was this all the cause of complaint on the part of the United States. The recent hostilities of the Northern Indians were supposed to have been prompted by British agents in Canada ; and it was known that they had been furnished with military stores, which was as inconsistent with the duties of a nation in the relation of peace and friendship, as with those of humanity. In April, 1791, the President wrote to Mr. Jefferson to make a representation to Lord Dorchester, or other offi- cer commanding in Canada, of the delivery of large sup- plies of ammunition from British posts to the hostile Indians in the year before. General Washington ex- pressed his surprise and disappointinent, but, at.the same time, he was very guarded in his language, and submitted to. Mr. Jefferson either to treat the matter with great delicacy, or to decline it altogether. Such were the relations between the two countries when Mr. Hammond was appointed Minister from Great Britain to the United States. He reached Philadelphia in August, and soon entered into a long diplomatic cor- respondence with the American Secretary of State. The principal difficulty with Spain was also unsettled. When, in 1790, a misunderstanding arose between Great Britain and Spain about the settlement of the latter at Nootka Sound, which for a time threatened to lead to a rupture, the United States deemed this a propitious moment to • press on Spain their right to a free naviga- tion of the Mississippi, to which their natural claim ' V. Marshall, page 277. 464 RELATIONS WITH FRANCE. [CHAP. VI. seemed to be as just as it was important. Their Charge d' Affaires, Mr. Carmichael, was accordingly so instructed; and terms were proposed which, in allowing them the navigation of a river that was the boundary of several of the States, would also give safety to the Spanish pos- sessions to the west of it. But the adjustment of the dis- pute between Great Britain and Spain soon put an end to all hopes of advantage expected from that dispute, and the navigation of the Mississippi continued on the same precarious footing as before. The relations with France, which had hitherto been altogether friendly, were destined to undergo a great change in consequence of that political revolution which not only overturned the throne and the altar in France, but whose bold innovations in every department of the social system electrified the whole civilized world. While all parties in America seemed at first to look with favorable eyes on the political changes in France as likely to better the condition of a nation which had materially assisted the United States in achieving their independence, and which was thus more assimilated in government to themselves, yet the excesses to which it was soon led in its progress were found to be very dif- ferently viewed by different portions of American citizens; and while some, in their enthusiasm for the liberty the French people professed, were disposed to excuse their crimes, as well as their folly and anarchy, others regarded them first with doubt, then with fear, and lastly with undisguised abhorrence. Those sentiments then, for a time, became the principal source of party division, and in the United States it almost swallowed up every other. This effect was already perceptible at the epoch of which we write, in 1791, but it did not attain its utmost height until some years later. 1791.] RELATIONS WITH THE INDIANS. 465 Under this head we may also notice the relations with the Indians, which, in their diversified character, consti- tute no insignificant item in the concerns of the Federal government. With some one or more of their various tribes the United States are often at open war, and as, in time of peace, treaties are negotiated for the purchase of their lands, many of them are thus pensioners of the Federal government. The trade with them is subjected to strict regulation, for the sake of protecting them from both the frauds and the open violence of the whites ; and lastly, their gradual advancement in the arts of civilized life, and especially of agriculture, has ever been a che- rished object with this government. It has been fortunate for the settlement of the western wilderness that the ownership of the soil has been' uni- formly recognized to be in its original occupants, and that the right to make purchases from them has always been reserved exclusively to the government ; for if private individuals or associations had been allowed this privi- lege, the large bodies of land which the cupidity of capitalists would have easily obtained from the Indians, with their recklessness of the future, and their resistless craving for intoxicating liquors, would have impeded the settlement of the country, and laid the foundation for overgrown landed estates, which are more or less unfa- vorable to republican institutions, and would have nar- rowed the territory of the aborigines, by which their numbers would be reduced, and their means of subsist- ence rendered more precarious. But, notwithstanding this precaution, it has been found impossible to prevent collisions between them and the whites, whenever, in the progress of the latter, the two come into contact. As the Indians know themselves to be the weaker party, and foresee that they must even- voL. I. — 30 466 MINISTERS FROM THE UNITED STATES. [CHAP. VI. tually yield to the superior power and resources of civil- ized men, they are seldom the aggressors ; and generally, it is not until after a succession of injuries, to which they see no end, that they, in despair, take up arms, and find a brief consolation in the sufferings they are able to in- flict on their enemies, before they are reduced to submis- sion. Kevenge being, then, their sole object, it overleaps all restraint, and the lives of all whites, without regard to age or sex, are indiscriminately sacrificed. General Washington, in April, 1791, wrote to Alex- ander Hamilton : " Every expedient is tried to avert a war with the hostile tribes of Indians, and to keep those who are in treaty with us, as I believe you know, in good humor: but I am almost thoroughly convinced that neither will be effected, or, if effected, will be of short duration, whilst land-jobbing, and the disorderly conduct of our borderers, are suffered with impunity, and while the States individually are omitting no occasion to inter- meddle in matters which belong to the General govern- ment." ^ He afterwards adds : " To sum up the whole in a few words, the interference of States, and the specu- lations of individuals, will be the bane of all our public measures." Soon after the British Minister's arrival, Thomas Pinck- ney, of South Carolina, was appointed Minister from the United States to Great Britain ; Gouverneur Morris, Minister to France ; and William Short, who had been left by Mr. Jefferson as Charg^ d' Affaires in France, was sent to join Carmichael in Spain. As it was decided to chastise the Indians on the northern frontier, if they could not be intimidated into peace, the President determined to put all the means in his power into requisition. The chief command was ' V. Sparks's Washington, page 155. 1791.] PARTIES IN CONGRESS 467 given to General St. Clair, at that time Governor of the Territory north-west of Ohio ; the command of the new levies was given to General Butler; and of the militia, to General Scott. While the main force was collecting, an expedition of five hmidred mounted men under Scott was sent against them, and attacking the tribes on the Wabash, they were dispersed, and their villages burnt. Peace would have been eflfected, but for the interference of the British commander at Fort Erie. A second expedition of mounted volunteers under Wil- kinson, in August, was also successful, though not to the same extent. In the election of members to the second Congress, which took place during this year, in most of the States, especially the Southern, the rival candidates were sup- ported as friends or opponents of the administration, or rather of its measures, for the popularity of General Washington was not yet visibly impaired, and Alexan- der Hamilton was the chief object of attack by the anti- Federal party. A majority of the members returned from Virginia, and the States south of it, belonged to this party, of w^hich the Secretary of State, known to be decidedly opposed to all of Hamilton's financial schemes, was regarded as the head. But in the Middle and the Northern States the Federal party had the ascendency. That party had received a great accession of strength from the funding of the public debt, the assumption of the State debts, the establishment of a bank, and from the encouragement given to navigation, commerce, and some branches of manufacture by the tonnage duties and impost. The public confidence in the efficiency and stability of the government which those measures had produced, the extension of mercantile credit, and the 468 PRESIDEIfT'S SPEECH. [CHAP. VI. increased activity of commerce, being attributed to the salutary power of the new government, and the prudent exercise of those powers, procured for it great popularity, and in the loud encomiums of its friends its former oppo- nents were for the time completely silenced. Among those who now supported the leading measures of the administration were found some who had been at first opposed to the new Constitution. Mr. Madison was the only conspicuous instance of the opposite change. His present course not only coincided with the opinions of Mr. Jefferson, for which he had always shown great respect, but it was also in accordance with what seemed now to be the ruling sentiment in Virginia. The second Congress met on the twenty-fourth of October, 1791. Among the subjects of congratulation by the Presi- dent, in his opening speech to Congress, he particularly dwells on the progress of every branch of national indus- try, which he attributes to the public confidence produced by the Federal Constitution and laws. In his notice of Indian affairs, then in a threatening and unsettled state, he recommends, as making a resort to coercion unneces- sary, besides precautions for the protection of their rights, such experiments " for imparting to them the blessings of civilization," as would be suitable to their condition. Such a course, he adds, would be as honorable to the national character as it was conformable to sound polic}'. He adverts to some local discontents to which the tax on distilled spirits had given rise, and which, originating in misconception, would yield to proper explanations : at the same time he advises a revision of the excise act, that, as far as practicable, the administration of the laws might rest on the affections of the people. After mentioning the principal measures of the admin- 1791.] APPORTIONMENT BILL. 469 istration during the recess— Indian treaty, census, foreign measures, the new District of Columbia — he renews his former recommendations of particular objects of legisla- tion ; as the post-ofEce, militia, fortifications, the vacant land, and the establishment of a mint; and points out the importance of each. An undiminished personal respect for the Chief Magis- trate was indicated by the answers .of both Houses.^ A bill in the House of Representatives for a new apportionment of members to that body, in conformity with the recent census, proposed thirty thousand as the number of inhabitants for each Representative, which would give one hundred and thirteen members. They were induced to adopt the lowest ratio permitted by the Constitution, because the House would be thereby better able, by its numbers, to resist the undue influence of the Senate, which was supposed to be more aristocratic in its tendencies. The Senate, however, by its amendments, substituted thirty-three thousand, as a ratio that would lessen the fractions remaining to the States after their proportion of members were severally allotted to them. The House refused to concur in this amendment, and the Senate adhering to it, the bill was lost. By a second bill, the House again proposed the ratio of thirty thousand, and also a new census previous to an apportionment. The Senate rejected the new census, and proposed, by allowing a member to the largest frac- tions, to make the number of Representatives one hun- hundred and twenty. This amendment being disagreed to by the House, the subject was referred to a committee of conference, which at first could come to no agreement; • I. American State Papers, page 22. 470 APPORTIONMENT BILL. [CHAP. VI. but the House fiimlly receded by a vote of tbirty-one to twenty-nine. Since this matter had been so warmly debated, and all the Northern members were opposed to all the Southern, and since the bill was regarded by many as inconsistent with that provision of the Constitution which declares that the number of Representatives shall not exceed one for every thirty thousand of its Federal population, the President, with his wonted caution, took the opinion of his Cabinet on the subject before he acted. Messrs. Jef- ferson and Randolph were clear that the bill was repug- nant to the Constitution. Messrs. Hamilton and Knox did not regard the question as free from doubt, but advised the President to sign the bill. He, however, con- sidered it unconstitutional, and sent it back to Congress with his objections, which were : First. The Constitution has prescribed that Represen- tatives shall be apportioned among the several States according to their respective numbers ; and there is no one proportion or divisor which, applied to the respec- tive numbers of the States, wiU yield the number and allotment of Representatives proposed by the bill. Second. The Constitution has also provided that the number of Representatives shall not exceed one for every thirty thousand ; which restriction is, by the context, and by fair and obvious construction, to be applied to the separate and respective numbers of the States ; and the bill has allotted to eight of the States more than one for every thirty thousand. This subject of apportionment which has, after every succeeding census, been a source of irritating controversy in Congress, in the contests of the members for the politi- cal power of their respective States, or in their readiness to seize on every question by which they may gain credit 1791.] APPORTIONMENT BILL. 471 for patriotic zeal witii their constituents, has been hap- pily settled by the bill introduced by Mr. Vinton in 1850, by which the number of Representatives being fixed^ the ratio of apportionment is a mere question of arithmetic, and leaves no discretion or groxind of discussion to the Legislature. Of the two objections made by the President, the last, which is conclusive, can never again recur, as the num- bers proposed for choosing a Representative must always greatly exceed thirty thousand. But the first objection is less satisfactory. It refers to that clause of the Constitu- tion which requires representation and taxation to be apportioned among the States according to their respective numbers (second Section of the first Article). Now this provision cannot be literally complied with, since there can be no ratio that will give to all the States the pre- cise representation which is due to their respective num- bers, or that will not leave some portion of their numbers unrepresented. The Constitution, however, must be pre- sumed to have aimed only at what was practical and attainable, and, consequently, must have looked to an approximation to an apportionment according to num- bers ; and that approximation might be as close (perhaps closer) by giving to a State a member for a large fraction beyond its respective quota, as by having its fraction unrepresented. In other words, if fi"actions are to be disregarded, then the States whose fractions are the smallest, have more than their share of the representa- tion, and the other States, less. But if a large fraction is allowed a representative, then the State having such fraction has more than its share ; and thus that course seems best to fulfil the purpose of the Constitution which does the least injustice. 472 ST. glair's DEFEAT. [CHAP. VI. Upon a reconsideration in the House, the bill was lost by thirty-three votes to twenty-nine: A third bill, fixing the ratio at thirty-three thousand, was then passed by both Houses, which made the whole number of Representatives one hundred and five mem- bers. Let us now return to the war against the Indians in the north-west. It was September before the main army, under St. €lair, consisting of about two thousand men, were ready to march. They were subsequently joined by some hun- dreds of Kentucky militia. Their numbers had been so reduced by detachments to garrison distant forts, and by desertion, that they had but fourteen hundred men remaining, who, by one of those ambuscades in which the savage has peculiar skill, and places much reliance, they were completely "routed, with great loss. General Butler, who had the chief command, fell in the action ; St. Clair was confined to his tent by disease. The loss was about nine hundred men in this action, known as St. Clair's defeat.' The number of the Indians has been estimated at from one thousand to one thousand eight hundred men. In December news arrived of the defeat, on the fourth of November, and the fact being communicated to Con- gress, it was necessary to make further preparation to carry on the war against the Indians. A bill was brought in, on the suggestion of the Execu- ' The precise number was as follows. In killed : thirty-eight commissioned officers; five hundred and ninety-three non-commissioned officers and privates ; total, six hundred and thirty-one. Wounded : twenty-one commissioned officers ; two hundred and forty-two non-com- missioned officers and privates; total, two hundred and sixty-three. Making a total of eight hundred and ninety-four killed and wounded. 1791.] INCREASE OF REVENUE. 473 tive, to authorise the raising of three additional regi- ments, and a squadron of cavalry, to serve for three years, unless peace should sooner be made with the Indians, or the President should think it was prudent to discharge them sooner. This increase of the army was earnestly opposed by the members in the opposition, from its necessary conse- quence of increasing the power of the Executive, and the expenditure of the government ; but after a warm debate, and some disagreement between the two Houses as to its details, the bill finally passed both Houses, by which the regular force for the time was increased to about five thousand men. By another bill the power was given to the Executive of calling out the militia to execute the laws of the Union, suppress insurrection, and to repel invasion. With the increase of the standing military force required by the Indian hostilities, an increase of revenue was the natural consequence. A report of the Secretary of the Treasury on the best mode of raising the additional supplies thus required, was animadverted on by the opposition as an improper interference with their own powers and duties by a department of the Executive. Another report from the same ofiicer, after considering and answering the objections that had been urged against the excise, suggested some alterations which he thought likely to render it more acceptable, as it had now mani- festly excited great discontent in the western portions of the country, especially in Pennsylvania. Of the three modes of raising the additions to the revenue required, that is, the sale of the bank stock owned by the government, a public loan, or taxes, the Secretary gave preference to the last ; and to this end 474 REPOKT ON MANUFACTURES. [cHAP. VI. he recommended additions to the impost. His recommen- dations were substantially adopted. In pursuance of a resolution of the House of Represen- tatives at the preceding session, the Secretary of the Treasury proposed an able and elaborate report on the policy of encouraging the manufactures of the United States ; and although this subject was one that engrossed the public attention, more than any other, both in Con- gress and out of it, for some fifteen or twenty years, and was more fully discussed, scarcely an addition had been made to the arguments which he then adduced in favor of that policy; assuming, however, what has been so warmly controverted since, that Congress had the constitutional power of giving this protection. He had, at the previous session, prepared a long report on the subject of a mint, in which he discussed very fully the several questions of the relative value of gold and silver, the policy of making one or both metals standards of value, or, as he called them, the money unit of the United States ; whether the coinage should be free, or subjected to the charge of its cost; the various species of coin ; and the regulations of the mint. Though this report shows the writer's wonted ability, yet it will less bear the test of examination than most of his other reports ; and on the two most important points of a single or double standard, and whether or not the coinage should be gratuitous, he is opposed by all the theorists of the first reputation in the present day, in his preference of a double standard, and of a gratuitous coin- age over a seignorage. Both of these errors proved mis- chievous in practice, and the influence of his opinions has not yet passed away. A law was enacted in conformity with his views, which provided for the issuing of coins of gold, silver, and cop- 1792.] THE MINT. 475 per, adapted to decimal proportions; both the two former to be equally legal tenders; estimating the proportion between the two at fifteen to one ; and making the coin- ing gratuitous. The establishment was placed under the management of a director, and provisions made for appro- priate officers and regulations. On the subject of the device on the coin, new aliment was afforded to the nascent parties for suspicion and crimination. It was proposed, according to the practice in the monarchies of Europe, to place the head of the President, with his name, on the coins, which was vehe- mently opposed by many as inconsistent with the equality and simplicity of republican government, and as indicating a disposition to assimilate the Chief Magistrate of the United States to a monarch. While one party thus accused the other of anti-republican tendencies, their motives, in turn, were said to be a personal jealousy of the President, and a preposterous dread of what must be insignificant in its consequences. It could not be seen,^ it was urged by them, how the head of the President on the coin could endanger the liberties of the country, as if a measure might not be highly objectionable, although it might fall far short of that ruinous consequence. Qn this question, also, the opposition more correctly antici- pated the judgment of posterity than their adversaries. An occasion occurred at this session for the judiciary department to assert its independence, or rather to pro- nounce on the constitutionality of an act of Congress. An act allowing pensions to invalids required that applicants should exhibit the evidence of their claims to the Federal Courts. The Federal Circuit Court of New York, on application to it by a claimant for a pension, decided that the act was unconstitutional, because Con- gress could not impose on the Court duties which were not 476 FAILURE TO ELECT A PRESIDENT. [CHAP. VI. judicial; nor give, as the act did, to the Secretary of War, or any one else, a revisory power over their deci- sions : on which Congress repealed the law of the suc- ceeding session — thus virtually recognizing the power which the judiciary had assumed, of being the rightful expounders of the Constitution. As all the public creditors had not availed them- selves of the terms offered by the act which funded the public debt, further time was allowed them to convert their claims into stock. It was also proposed to make further assumptions of the State debts, as the debts of some of them exceeded the proposed assumption ; but it being proposed, by way of doing equal justice among the States, that such assumption should be extended to that portion of the State debts which had been paid off since the peace, the proposition was negatived, and with it the further assumption was lost. By virtue of the power given to Congress to provide for the cases of the removal, death, resignation, or ina- bility both of the President and Vice-President, a bill was passed at this session which provided that, in case of there being neither President nor Vice-President compe- tent to act, the President of the Senate, or if there was none, the Speaker of the House of Representatives, was to act as President until the removal of the disability, or a new election, to be held the first Wednesday in Decem- ber, after two months' notice by the Secretary of State to the State Executives. An objection was made to this provision, because the Constitution referred to an " offi- cer," and the temporary President of the Senate was denied to be an ofiicer ; but the objection was not sus- tained. The same bill regulated the time when the electors of President and Vice-President should vote ; should return 1792.] LETTER FROM LOUIS XVI. 477 their votes to the seat of government ; when they should be opened and. counted.^ On the fifth of March, the President transmitted to Congress a letter from the King of France, informing him that he had accepted the new Constitution of that country. The House, by resolution, expressed their satisfaction on the occasion, and requested the President to commu- nicate their participation in the interests of the French nation ; in which all the members but two concurred. But as to the latter part of the same resolution, which spoke their wish that a wisdom and magnanimity dis- played in the formation and acceptance of the Constitu- tion, " might be rewarded by the most perfect attainment of its object, the permanent happiness of so great a people," the votes were thirty-five in the affirmative, and sixteen in the negative. The subject was more discreetly and courteously dis- posed of in the Senate by the following resolution : That the President "be requested to make known to the King of the French the satisfaction with which the Senate of the United States has received the official communication of his acceptance of a Constitu- tion, which, it is their earnest wish, may establish, on a solid basis, the freedom and prosperity of the French nation, and the happiness and glory of the monarch pre- siding over it." In both Houses, the majorities on this subject were composed of members of both parties, and the minorities were the high-toned Federalists, who were the warmest supporters of the Secretary of the Treasury. ' The votes were to be given in the several States, at such places as their several Legislatures should designate, on the first Wednesday of December; be returned to the seat of government by the first Wednes- day of January; and be' counted on the second* Wednesday of February. 478 CORRESPONDENCE WITH HAMMOND. [CHAP. VI. Congress adjourned, on the eighth of May to the first Monday in November. In the early part of the correspondence between the Secretary of State and Mr. Hammond, that Minister informed Mr. Jefferson that he had no power to conclude any definitive arrangement respecting the commercial inter- course of the two countries, but that he was fully authorised to enter into a negotiation for that purpose, on principles of reciprocal benefit. The first topic of correspondence between those gentlemen was therefore limited to such parts of the treaty of peace as were still unexecuted. This proved to be a laborious duty on both sides. Mr. Jefferson, in a letter to Mr. Hammond, proposed that each party should specify the acts of the other that were considered to contravene the treaty, and he begins by stating the acts of this character on the part of Great Britain. These were : First : The failure to surrender the military posts in her possession, of which he designates seven on the great western lakes. He adds, that British officers had exercised jurisdiction over the country and inhabi- tants in the vicinity of those posts ; by which proceedings American citizens had been cut ofi" from the fur trade, and, consequently, deprived of the means of cultivating peace with the Indians. Second : That a large embarkation of negroes, the pro. perty of American citizens, had taken place at New York, before the arrival of the American Commissioners : that near three thousand more were carried away by order of the British Commander, against the remonstrance of the Commissioners ; and that many others had been carried off in private vessels. In support of these, and some m.inor causes of complaint, he subjoins satisfactory official testimony. He invites Mr. Hammond, on his part, to 1792.] CORRESPONDENCE WITH HAMMOND. 479 state the particular acts of the United States which his Britannic Majesty considers to be in contravention of the fourth, fifth, and sixth articles of the treaty of peace. Mr. Hammond, in his reply of the fifth of March, 1792, arranges the supposed infractions of the treaty by the United States under two heads : First. That the recommendations of Congress respecting British loyalists had not been regarded. Second. That the State Legis- latures had done or omitted acts positively stipulated by the treaty. Under this last head he complains that the States had not repealed the laws which passed before the peace for confiscating the property of loyalists ; and had, since the peace, enacted laws which contravened the treaty: which laws relate either to the estates or the persons of loyal- ists ; or to the recovery of debts due to British subjects. He complains also of the decisions of the State Courts. On all these points he dilates at great length, and he annexes to his letter the particular legislative acts referred to, each designated by its title and date^ and which amount in all to near a hundred. He specially com- plains of the failure of most of the States to pay interest on their debts during the war, and says that, in some of the Southern States, not a single British debt had been recovered since the peace. On the twenty-ninth of May, Mr. Jefferson replied to Mr. Hammond at great length. He examines the alleged infractions of treaty under the three heads : first, of exile and confiscations ; second, debts ; third, interest. As to the first, he remarks that it was entirely competent to the States to pass the laws complained of, and that the repeal of those laws after the peace had not been stipu- lated by the treaty, but was merely to be recommended by Congress, with which engagement Congress had punc- 480 DISSENSIONS IN THE CABINET. [CHAP. VI. tually complied. That there had been no act of this character since the peace, and though there had been, it was void by the paramount force of treaties over State laws, as all the State Courts expressly recognized ; and thus the injured party had the means of redress in their own hands. He vindicated the State judicatures against every charge, and showed that they all had been open to British creditors. On the subject of interest, he justified the States for deducting it during the war, on several distinct grounds. Having thus answered every complaint urged by Mr. Hammond, he argued that Great Britain had no ground for refusing to comply with her express stipulations in the seventh article of the treaty. He concluded in the same conciliatory tone which both par- ties had manifested throughout the correspondence. Mr. Hammond, on the second of June, after expressing, in general terms, his dissent from some of the principles relied on, and some of the facts stated by Mr. Jefferson, said he should transmit Mr. Jefferson's letter to his government, and thus closed this part of their corre- spondence. That division of political sentiment which was now so clearly manifested in Congress, had extended itself to the two members of the Cabinet, Messrs. Jefferson and Hamilton, and the breach between them naturally gain- ing strength from time, was greatly widened by the agency of the press. The two leading newspapers in Philadelphia were Fenno's Gazette, which supported Hamilton and his party, and Preneau's, which assailed Hamilton and his leading measures, and defended Jef- ferson. This want of harmony in the two leading members of the Cabinet caused great regret and anxiety to General Washington and increased his desire to quit his present 1792.] EXCISE LAW. 481 office ; but as both Jefferson and Hamilton concurred in urging upon him strong considerations of public interest to serve a second term, he consented, and received the same unanimous vote as before. Having thus consented to serve a second term, he redoubled his efforts to reconcile the discord between his two Secretaries, and succeeded so far as to procure from both promises of forbearance and of conciliation, but these offices of intercession were interrupted in the autumn by the increased violence of the discontents occasioned by the excise law. This law must, under any circumstances, have been an unwelcome tax to the people who lived in the West. Not then accommodated with their present facilities of transportation, or even with good roads across their mountains, they had but little trade with the Atlantic cities, and only procured from them such articles as were indispensable to their simple and frugal style of living. They therefore had very little money, and the excise on their whiskey, by which alone they could make their grain marketable, threatened to deprive them of that little. They regarded the tax, therefore, as far more burdensome on them than the impost was on the Atlantic population, possessing, as it did, the choice of the markets of the world. To this solid foundation for their hostility to the law, were added the political objections which had been urged to it by the opposition, that, by subjecting the citi- zens generally to the domiciliary visits of revenue officers, it was peculiarly odious, and was repugnant to the genius of a free people. These objections had the greater weight with many, because they were led to believe that the necessity for further revenue had been created by a ma- jority in Congress, by an assumption of the State debts, VOL. I. — 31 482 THE NORTH-WESTERN ARMY. [CHAP. VI. for the purpose of increasing the power and patronage of the government, and of augmenting the gains of greedy speculatoi's, in Congress as well as out of it. There had been an organized opposition to the law by a public meeting in Pittsburg in the preceding year, and alterations in the act of Congress had been made on the suggestion of Hamilton, with the view of obviating some of those objections. They had not, however, answered their intended purpose. The opposition continued to gain strength. From censure, the opponents of the law proceeded to open resistance. The President, on learning this state of things, issued a proclamation, in which he represented to the malcon- tents the consequences of their illegal course. He further wrote to the Attorney-General to prosecute the offenders, and to attend to the prosecution in person. The- Indian war in the north-west also claimed the attention of the government. It was deemed indispensa- ble to appoint a new commander of the army, while St. Clair's conduct was about to undergo investigation in Congress, and by a military tribunal. The President was disposed to appoint General Henry Lee, then Governor of Virginia, to this post, but having soon ascertained that those who had been his seniors in the army would be unwilling to serve under him. and that if the army should again be unsuccessful under juniors, the course of the administration would be subjected to censure, he (appa- rently with some hesitation) appointed General Wayne to the command. The Declaration of Rights by the National Assembly, together with the efforts of the Amis des Noirs in Paris, induced the free people of color in St. Domingo to assert claims in the island, to which the colonists refusing assent, the mulattoes and their white friends took up 1792.] THE president's speech. 483 arms. The French government finding the value of the colony impaired, and perhaps its dominion and authority in jeopardy, endeavored at first to restore the former con- dition of things ; but on the fifteenth of May, 1791, they passed a decree which extended to the people of color the right of suffrage, and made them eligible to the colo- nial Legislature ; and this decree being violently resisted by the whites, the breach between the two races was thus widened, and in the following August the slaves, who again were disposed to assert their rights, conspired to massacre the whites, and partially effected their pur- pose, with the practice of every enormity that their savage fury and animosity could suggest. Many of the survivors sought an asylum in the United States. Congress assembled on the fifth of November, and in the opening speech of the President, the most prominent feature was the continuance of Indian hostility, in spite of the efforts of the Government to bring it to a termi- nation. He added that there were symptoms of an unfriendly spirit on the part of the Southern Indians. He accordingly had aimed to prepare for war also with them. He again urges on Congress the necessity of repressing the outrages of the whites on these people, by the employ- ment of respectable agents to reside among them, and by the promotion of civilization in the friendly tribes. He stated that the revenue was productive, and would have been more so, but for the impediments to the col- lection of duties on distilled spirits. The opposition, however, had greatly narrowed in extent, but had increased in violence in particular districts. Measures had been taken to prosecute the offenders. He further recommended a revision of the judiciary system ; preventive measures against the aggressions of 484 NEGOTIATIONS WITH SPAIN. [CHAP. VI. American citizens on the territory of other nations ; the execution of the law which established the mint ; some reforms in the post-office, to facilitate the transmission of newspapers ; and the negotiation of loans for nine mil- lions of florins on account of the public debt, and for its reduction, the terms of which, he said, indicated a most favorable state of the public credit abroad. The answers of both Houses evince views entirely in harmony with those of the Executive, especially as to the principal measures of the Indian war, the opposition to the revenue laws, and the reduction of the public debt. The next day, the President communicated to both Houses certain papers relative to the interference of Spanish authorities in the execution of the treaty be- tween the United States and the Creek Indians, in 1790. It appeared by these papers that Spain complained of the boundary line determined by the treaty with the Creeks as including a part of their territory, and which they say ought not to have been made until the negotia- tion then going on between the United States and Spain was terminated. The Secretary of State, in answer to a letter from the Spanish Commissioners, Messrs. Viar and Jaudenes, stated to them that the allegation of threats by the United States against the Creeks was unfounded : that they, on the contrary, had made every endeavor to preserve peace with these Indians, and had, with that view, suspended running the boundary line agreed on by treaty, under the hope that, on further consideration, they would freely concur in carrying it into execution. He agreed that the interests which either nation had with those Indians, are a proper subject of discussion in the negotiation now going on at Madrid by the American Commissioners there. 1792.] ORIGIN OF PARTIES. 485 The disposition which the Creeks had shown not to execute the treaty, was attributed with good cause to the intrigues of Spanish agents, who in^sted that the treaty made by the Indians with the United States was incon- sistent with the previous treaties of the Indians with Spain. As General Washington's first term would close early in the ensuing year, and a new election must ensue during the current year, some explanations which took place in reference to that subject must be here noticed. The Pre- sident was strongly inclined to give up the power and patronage attached to the oflSice, for the sake of being rid of its cares ; and retiring to Mount Vernon, there follow the more grateful pursuits of agriculture, and enjoy domestic ease. It is probable, too, that the want of har- mony between the two leading members of his Cabinet, contributed not a little to make his continuance in oflBce irksome. But this controversy cannot be ' understood without a review of the progress of political parties iu the United States, and of their actual condition at that time. Experience tells us that, in civilized countries having even a moderate portion of freedom, the mass of the community will divide itself into two political parties ; for they result from the universal principles of man's moral nature. Next to our more imperious physical wants, one of our strongest, if not the very strongest, of our desires is the love of power, love of freedom, and impatience of restraint; for these are but different names for the same natural emo- tion, which at one time shows itself in the edicts of a tyrant, and at another, in' the excesses of a popular insurrection. Now this love of power, or freedom of action, in each individual, naturally clashes with the same feeling in others ; and every one judges of the force 486 . ORIGIN OF PARTIES. [CHAP. VI. of this instinct in others by the consciousness of its strength in himself But while all are thus satisfied of the existence of this feeling, and of its probable con- flicts with the same feeling in himself or others, it is viewed very differently by different minds and tempers. Some are disposed to regard it with dread, and some to brave it and resist it. Some think it most mischievous or dangerous when exerted by a single individual or a few ; and others, when it is exercised by a multitude. In both these cases of abuse the proper check is found in the same emotion. Thus the self-will of a monarch or an aristocracy is encountered by the love of freedom in the people ; and the excesses or injustice of a majority or a mob are restrained by the authority of the magistrate. In these principles of our common nature, we see the foundation of the two great parties spoken of. One man thinks the injustice and violence of great numbers the more probable and more formidable social evil, and therefore he inclines to strengthen the power of the civil magistrate, and to restrict popular freedom. Another, on the contrary, thinks that the evil of abuse of power is most probable from those who exercise the authority of the laws, and he is therefore more jealous of the govern- ment, and disposed to circumscribe its power whenever he can. These conflicting parties not only severally desire or refuse to give power to the magistrate ; they also seve- rally favor or oppose whatever is likely to increase his influence — even to mere ceremonials and the outward forms of respect. It was, therefore, that one party in the United States favored and the other opposed giving a title of honor to the President — putting his effigy on the coin — his name in the precepts issued from the law courts — in •1792.] PARTIES IN THE ITISriTED STATES. 487 making discriminations between the two Houses of Con- gress to indicate the higher dignity of the Senate — in the President's levees,, his opening speeches, and other imitations of monarchical forms. There was another source of division growing out of that complex system of polity by which the attributes of sovereignty are here divided between the General govern- ment and the individual States. That class which was more jealous of the power of government than of the people, inclined to the States rather than to the authority of the Union on all questions of their relative powers ; while those who had less confidence in the people, in- clined to strengthen the General government. Already, too, the French Revolution was viewed with diflferent eyes by the two parties — one, enthusiastic in its favor, were the ready apologists for its errors and its excesses, while the other, looking chiefly to its violence and its crimes, viewed it with unmitigated horror and distrust. On the other hand, while the unfriendly sentiments excited in the minds of Americans towards England by the War of the Revolution, were habitually aggravated by the popu- lar party, they were studiously mitigated on the part of the Federalists, until, by the natural progress of the pas- sions, this party became its open friends and advocates. Alexander Hamilton belonged to the last class, and Thomas Jefferson to the first ; and personal rivalship, in all probability, lent its force to their mutual hostility. The two parties soon had, as is usual, their respective supporters in the periodical press. Fenno's Gazette was the organ of the Federalists, or Hamilton's party ; and Freneau's of the Republican party, as they now styled themselves, of which Jefierson was regarded as the leader. Hamilton himself, as well as his friends, did not disdain to use the columns of Fenno's paper for assailing his 488 JEFFERSON AND HAMILTON. [CHAP. VI. adversary, as well as in his own defence. Jefferson's friends, on the other hand, attacked Hamilton and his measures in the rival Gazette. The charges brought by these polemics against Jeffer- son were, that he was not only hostile to Hamilton, whom he habitually calumniated and disparaged with the pub- lic, but was also unfriendly to the administration of which he was a member, and even to General Washington him- self: that he encouraged and prompted. the opposition party in Congress, and patronized Preneau, now openly assailing the measures of the administration, by giving him an appointment in the State department : that, find- ing two men in the way of his own advancement — Messrs. Adams and Hamilton — he, by open attacks through the press, and yet more by secret slanders, sys- tematically aimed to bring them into discredit ; and for the sake of ruining these rivals with the public, he would not hesitate to destroy the wisest and most con- servative institutions of the country. The charges against Hamilton were, that he systemati- cally sought to assimilate the Federal government of the United States to that of Great Britain, for which he did not conceal his theoretic preference and cordial admira- tion : that his plan of funding the public debt, of assum- ing the State debts, of making portions of those debts irredeemable, of establishing a bank, and laying an excise were all parts of his settled scheme of augmenting the power and patronage of the Federal government, of making the wealthy classes obsequious to his wishes, and of lessening the weight of the States. This discord between the two members of his Cabinet on whose counsels he most relied, gave General Wash- ington much anxiety. He had a high opinion of the merits of both Jefferson and Hamilton, and probably was 1792.] JEFFERSON AND HAMILTON. 489 not blind to the faults of either. He exerted himself to bring about a reconciliation between them, and having communicated to them his wishes, he received letters from them both, in which each aimed at his own vin- dication. In a letter from "Washington to Jefferson, in August, 1792, after adverting to the dissensions in his Cabinet, he says, " My earnest wish, and my fondest hope, there- fore, is, that instead of wounding suspicions and irritating charges, there may be liberal allowances, mutual forbear- ances, and temporizing yielding on all sides." In a sub- sequent letter he says, "I regret, deeply regret the differ- ence of opinion which has arisen, and divided you and another principal officer of the government; and wish devoutly there could be an accommodation of them by mutual yieldings." He then adds : " I will frankly and solemnly declare that I believe the views of both to be pure and well-meant; and that experience only will decide with respect to the salubrity of the measures which are the subject of this dispute." ^ The President having indicated his purpose of retiring at the end of his first term, it accorded with the views both of Hamilton and Jefferson to urge him to serve four years longer, each of them believing that his party would gain strength by Washington serving a second term. Jefferson, in a long letter, dated in May, 1792, insists on the President's continuance in office, as necessary to defeat the anti-republican tendencies of the government, which he openly, and in unmeasured terms, exposes. In answer to these charges. General Washington, in a subsequent conversation, remarked " that he would con- quer his desire for retirement, if he believed the appre- hensions of danger were well founded; but that he ■ V. Marshall, page 355. 490 JEFFERSOlSr AND HAMILTON. [CHAP. VI. thought the suspicions against a particular party had been carried a great deal too far. There might be ' desires,' but he did not believe there were ' designs' to change the form of government into a monarchy ; that there might be a few who wished it, in the higher walks of life, particularly in the great cities, but that the main body of the people in the Eastern States were as steadily for republicanism as in the Southern." ' Hamilton's letter, in reply to Washington, was in a more conciliatory tone than Jefferson's. He professed himself ready to smooth the path of the President's administration, so far as it might depend on him, though he considered himself as the injured party; and he added, that if the President's efforts to heal existing differences should prove unsuccessful, he believed that the public good would soon require substitutes for the members of his administration. He did not doubt there was a formed party deliberately bent upon a subversion of measures which, in its consequences, would subvert the govern- ment. Thus serious and bitter were the suspicions enter- tained, and the charges which these leaders shared with the vulgar herd of their followers, but which had then made no impression on the firm and impartial mind of Washington, who, it must be recollected, had the best opportunity for forming a correct judgment, and who was, moreover, as scrutinizing and as distrustful of human weakness as was compatible with such rare integrity of purpose as his own. On the cooler survey that we are now enabled to take of this bitter feud, which, beginning in the Cabinet, extended itself to all the politicians of the Union, we see ' I. Life of Jefferson, page 388. 1792.] JEFFERSON AND HAMILTON. 491 enough to show the justness of Washington's conclusions, and that much of the party accusation against these dis- tinguished statesmen was unfounded. It is not true that either wished to subvA't the Federal Constitution : on the contrary, they both desired to main- tain it — each according to his views of the public good ; Hamilton to give it all the energy and authority it was susceptible of, and Jefferson only so much as was neces- sary to fulfil its useful purposes. Jefferson thought the Federal government might become too strong for the equipoise of the States. Hamilton believed the dan- ger to be the other way, and that to insure either stability or wisdom in the measures of the General government, it must exercise a controlling power over the States. Nor is it true that Jefferson wished to destroy public credit, or repudiate the debt, or that Hamilton wished to perpetuate it. None of the debt was irredeemable, except for a limited time ; and though *it had been, it might be extinguished by purchase from its holders, at its market prices. Nor does there appear to have been any thing in Mr. Jefferson's relations with Freneau at all inconsistent with his official duties, or his professions to General Washing- ton. In truth, for the first years after that paper was established, it contained nothing at all against the President, and nothing against Hamilton, except some series of essays signed Brutus, Decius, and the like, in which the policy of the funding system, the assump- tion, the Bank, and indeed all the leading measures suggested by the Secretary of the Treasury, were earnestly assailed; but always by arguments, which, whether sound or otherwise, were addressed to the understanding, were open to answers ; and which never 492 REDEMPTION OF THE DEBT. [CHAP. VI. transcended the wonted limits of fair political discus- sion. There is no proof that Mr. Jefferson had any agency in producing these papers ; but though he had, with the views which he entertained, and did not con- ceal in the Cabinet, or out of it, he would have been rather discharging than violating a moral duty, by endeavoring to bring the public to his way of thinking on the subject. One of the first acts of the House of Representatives was the consideration of the report of the committee on the subject of St. Clair's defeat, which had been made at the close of the preceding session. As this report had passed censures on some of the officers of the army, which were considered to bear both on the War and the Treasury Departments, it was moved that the Secretaries of these Departments should be required to attend the House to give the requisite explanations. But a proper sense of their own dignity, as well as jealousy of Hamilton's influ- ence, produced an earnest opposition to the motion by the republican party, and it was rejected. A course every way preferable was suggested by Mr. Madison, which was to recommit the report to the original committee, before whom the Secretaries should be permitted to attend. This course was adopted, and thus a precedent, so likely to increase the heat often already too great for delibera- tion, was arrested on the threshold, and has never been revived. Mr. Fitzsimmons having moved, on the twenty-first of November, to refer the subject of the redemption of the public debt, recommended by the President, to the Secre- tary of the Treasury, who was required to report a plan for that purpose, the motion was opposed by the repub- licans, under the influence of the same jealousy of their 1793.] LOAN FROM THE BANK. 493 own dignity, and of the Secretary's influence.' This motion, like the preceding, was the subject of a lively debate, but it finally prevailed by a vote of thirty-two to twenty-five. The following day it was also moved to refer to the same oflBcer, to report a plan for immediately reimbursing the loan of the bank to the government, and which, by the terms of the loan, it was required to pay in two annual instalments. This motion was adopted without debate, probably because the opposition party did not again choose to make an unavailing resistance, rather than because they approved of the reference; or, because they viewed the measure itself with favor, knowing as they did that the proposed advance to the bank would be particularly acceptable at that time, when that insti- tution was pressed for money, and that many of the members were holders of its stock, and might be influ- enced in their votes by a wish to favor it. A week later, the Secretary made a report on both sub- jects. On that of redeeming the debt, after noticing three plans, he gave a preference to that of loans, on the credit of short annuities ; and, to meet the interest, he proposed a tax either oji riding-horses or pleasure-carriages. For reimbursing the bank, he recommended that the whole sum due (two millions) be borrowed, by which measure, he stated, the government would gain thirty-five thou- ' That those who had professed themselves anxious to discharge the public debt, and who had made it a matter of serious reproach agaiust Hamilton that he wished to perpetuate it, should be now opposed to its redemption,. is presented by Judge Marshall as an instance of party inconsistency or disingenuousness. It is, however, due to those he cen- sures to state that their opposition to the motion turned principally on the attempt to devolve their own financial duties on the Secretary of the Treasury, whose settled maxims of policy they disapproved, and whose influence they consequently did not wish to increase. 494 THE FUNDING SYSTEM. [CHAP. YI. sand dollars a year — that being the esthnated difference between the interest on the loan, and that contracted to be paid to the bank. This report, and the papers to which it referred, sug- gested an unwarranted attack on the official conduct of the Secretary of the Treasury, which had the effect of increasing his popularity with the impartial portion of the community — for with the speculators and moneyed classes, generally, it scarcely admitted of increase — and of injuring the opposition. We have seen that the funding system recommended by Hamilton, and adopted by Congress, whatever othei merit it might have had, could not boast of its simplicity. Modelled after that of Great Britain in its details, it also copied that complexity which time, and the immense amount of the national debt, had introduced into the English finances. Mr. Jefferson, judging harshly of his rival, used to say that Hamilton made his system intricate, that it might be unintelligible, except to the initiated few; but the variety of its terms offered to the public creditors might have had no other niotive than that which Hamilton assigned — one plan being preferred by some men, and another plan by another — or if we must search for a mo- tive to a complexity for which no necessity can now be seen, it may be found in that love of praise to which no man who can earn it is insensible, and which now found grati- fication in exhibiting a species of talent which was then rare in the country, and which had been most egregiously and almost ridiculously overrated. He naturally wished to show that he had the talents required for t"his office, and the greater its difficulties, the greater was his merit in mastering them. From some passages in his report, or in the papers 1793.] ME. Giles's resolutions. 4.95 appended to it, Mr. Giles hastily drew conclusions that the finances had been illegally and improperly managed by the Secretary. He therefore, confident in the soundness of his views, and in his ability to explain them, made an attack against the Secretary on a point on which it is probable that no man was more invulnerable. Mr. Giles frankly declared that he had not been able to understand the Secretary's financial reports, and then, in a plausible statement of facts, he showed that the loans made of the bank were unnecessary, as the govern- ment at that very time had deposits to an amount exceeding the loan. The resolutions of Mr. Giles were referred to the Com- mittee of the Whole, by a decisive majority. Mr. Hamilton, in his vindication, could not disguise his indignant feelings towards his assailants, and in lan- guage scarcely consistent with the respect considered due to a member of the Legislature, he pointed out a tissue of errors both of fact and reasoning, and which he thought ought not to be referred to gross ignorance, and which he intimated must be ascribed to discreditable motives. He satisfied all that none of the public money was unac- counted for, and that the funds of the treasury had been honestly, and perhaps judiciously, used. After this report, or rather series of reports, was con- cluded, Mr. Giles presented a new set of resolutions, in which the Secretary was charged with violating the acts of August fourth and August twelfth, which authorised two several loans for two different purposes, by his blend- ing the two loans : they further alleged that, in doing so, he had also exceeded the authority given him by the President, and that he had been guilty of a great inde- 496 MR. Giles's resolutions. [chap.vi. corum in arraigning the motives of the members of the Legislature who had instituted the inquiry. These resolutions were warmly debated for two days by Messrs. Giles, Findley, Mercer, and Madison, in sup- port of them ; and by Messrs. Barnwell, Smith of Dela- ware, Ames, Lawrence, and Gerry against them. Mr. Madison earnestly supported the resolutions of his colleagues, and having shown that the terms of the acts of Congress, and the instructions of the Magistrate had not been complied with, he considered it impossible that the majority could negative resolutions which afl&rmed those facts. He assailed also, with much force, the rear sons which the Secretary had urged in his justification for bringing over from Europe funds which had been there obtained by loan, and in not communicating the receipt of the money to the Commissioners of the Sink- ing fund. Mr. Findley showed that the bank had been assisted by the public deposits at the very times it most needed aid, and that the money which had been obtained on interest was thus suffered to be unproductive. Every deviation from the letter of the acts of Con- gress, and of the President's instructions, was ingeniously defended ; and Mr. Madison having urged tha.t the nego- tiation of loans constituted no part of the Secretary's official duty, but was confided exclusively to the head of the Executive, he was taunted with inconsistency in cen- suring the Secretary for not giving information to the Commissioners of the Sinking fund that he had received the proceeds of the loan into the treasury, as if it made any difference in the Secretary's duties touching the actual state of the treasury, whether the money it contained proceeded from one source or another. The resolutions were, however, rejected by very large 1793.] MR. HAMILTON EXCULPATED. 497 majorities, not more than sixteen voting in favor of any one, and not more than seven or eight in favor of most of them. When there was such a concurrence of voices in favor of exculpating the Secretary, we must suppose that the charges were regarded by men of both parties as either unsustained, or of too frivolous a character to warrant the censure of the House on a man whose ability all acknowledged, and whose integrity was no longer ques- tioned. Yet the weight of this exculpatory vote was not a little diminished by the fact that the majority compre- hended three bank directors, and some fifteen or more stockholders of the bank, who had a direct interest iu the accommodation which had been afforded to the bank.' Soon after the Secretary's report on the thirtieth of November, the Federal party proposed the assumption of the balances which should be found due from the United States to the individual States, which was opposed by the opponents to the former assumption. A decisive majority , were, however, in favor of it; and when an amendment was proposed by a member of the opposition, which was calculated to prevent the holders of these debts from becoming the prey of speculators, the amend- ment was rejected. On the passage of the bill, the House being equally divided, it was carried by the vote of the Speaker. In the discussion of the bill for repaying the two mil- lions borrowed of the bank, Mr. Madison, not deeming it prudent for the Government, in the state of its finances, to anticipate this payment of two millions to the United States, for the chance of saving thirty-five thousand dol- lars and which Hamilton himself soon reduced to twenty ' See Mr. Jefferson's explanation of the vote of the House, in his Am. March 2d, 1793 VOL. I. — 32 498 EEIMBtlRSEMENT BILL REJECTED. [CHAP. VI. thousand dollars a year, liable as it was to be reduced by commissions, loss of interest by delay, to say nothing of fluctuations of exchange, proposed to insert two hundred thousand dollars — the amount of the stipulated annual payment — in lieu of the two millions, which was rejected by a single vote. The bill was not, however, passed, nor was it finally acted on until the twenty-seventh of February, when the motion to strike out the first section (one of the modes of rejecting a bill) which in December had received but seventeen votes, was passed without opposition. What had occasioned this change in two months? No visible cause is presented, except that the new assump- tion bill had been, in the interval, rejected by the Senate, under the influence, as Mr. Jefferson suggests, of the Pre- sident,^ who prevailed on Mr. Langdon to vote against it, and who probably also influenced his colleague, Mr. Win- gate. After this bill failed, which would have presented so fair an opportunity of speculation by those who had money, or could borrow it, it was no longer an object with those who had such views to furnish the bank with new means of lending. The two bills had been introduced nearly at the same time, and since, after one had failed, the other was suffered to fail when they had the means of passing it, the fact seems to show that the two were connected together, and that while one offered the occa- sion of speculation, the other provided the means of profiting by it.'' ' Am. IV. Jefferson, page 478. * It was boldly denied by Mr. Sedgwick in Congress that members of that body had speculated in the public debt when they were about to fund it, and this has been regarded as sufficient to stamp Mr. Jefferson's charges as unfounded calumnies. In the absence of positive proof, we 1798.] SLAVE-TRADE AND NEGRO SLAVERY. 499 Mr. Ames concluded the debate in a speech of a very conciliatory character. He readily testified to the purity of the motives of the mover of the resolutions ; but he appealed, in a strain of persuasive eloquence, to the mis- chievous consequences of this want of harmony between the different branches of the government both at home and abroad, and besought the House, when they were satisfied that the motives of the Secretary were pure, and that he had aimed to promote the public welfare, not to inflict the disproportionate punishment for exercising his discretionary powers somewhat further than the law allowed. It is not improbable that the majority was increased by this speech. During these financial discussions, a subject was intro- duced which, never failed to touch the sensibility of a portion of the Southern members. This was the subject of the slave-trade. Abolition societies from most of the States had petitioned Congress against this trade, both at this and the preceding session, but these petitions had been laid on the table. A petition, however, from War- ner Mifflin, a Quaker, against slavery itself, had been presented in the early part of the session, and this having also been laid on the table, Mr. Steele, on a subsequent day, brought it to the notice of the House, and moved that it be returned to its author. After some remarks by Mr. Smith, of South Carolina, the motion was carried. Connected with this subject was a law in the execution must resort to probabilities, and they seem greatly to be in favor of the truth of Mr. Jefferson's views, from the following facts : The charge was made and repeated again and again after Mr. Sedg- wick's denial as before. In one case, it was urged by a writer who gave hip name, Henry Banks, who stated that many members had grown suddenly rich, without any visible cause for the change : and he alleges that large credits were advanced to members to enable them to pur- chase stock. 500 FUGITIVE SLATE LAW. [CHAP. VI. of that clause of the Constitution which provides that per- sons held to service in one State, and escaping into another, shall be delivered up to the party to whom such service is due. The law provided that the claimant, in such cases, might seize the fugitive, thus bound to service, and carry him before a judge or magistrate, and on proof of the facts, the magistrate might grant a certificate of the same, which was a warrant to take back the fugitive to the State from which he had fled. Any person obstructs ing the seizure or removal, or harboring the fugitive, incurred a penalty of eight hundred dollars. This act continued in force until some years subse- quently, when the feeling against slavery having greatly increased in strength, most of the non-slaveholding States, availing themselves of a decision made by the Supreme Court, that Congress had no power to impose duties on officers of the States, prohibited their magistrates from carrying the act of Congress against fugitives into execu- tion. The consequence of which course was, that the law was unexecuted, and the claimants of fugitive slaves, under the provision of the Constitution, were without legal redress. At the session of the Supreme Court of the United States in February, in a suit brought against the State of Georgia, the question was raised whether a State was liable to be sued ; and all the judges, except one, decided that a State might be sued, in conformity with an express provision of the Federal Constitution. This decision, supposed to be repugnant to the sove- reignty of the States, and evidently mortifying to State pride, induced Mr. Sedgwick to propose an amendment to the Constitution taking away their liability to suits, which finally prevailed, and constituted the eleventh 179 3. J REVIEW OF THE FIRST CONGRESS. 501 amendment to the Constitution as framed by the Con- vention in 1787. The claims of the continental oflGicers of Massachusetts were, after a short debate, rejected by a large majority. The third of March put a constitutional end to the second Congress. We may here pause to take a brief review of the progress and condition of the country during the lapse of four years since its present government went into operation. In consequence of the powers vested in that govern- ment, justice to its creditors both at home and abroad had been vindicated, and so much confidence was felt as well in the ability as the good faith of the country to fulfil its engagements, that it found no difficulty in bor- rowing money in Europe on moderate terms, to the utmost extent of its wants. It had organized efficient systems for its treasury, its judiciary, its post-ofiices, its military forces, and its liberal and humane policy towards the aborigines of the country. By the exercise of its power to regulate trade, in place of the rival and conflicting policy of different States, the injurious discriminations of other countries had been retaliated; a large and increasing revenue had been col- lected from the impost ; and a spring having been thus given to navigation, to commerce, to manufactures, and to agriculture, the employment of four-fifths of the people ha,d been proportionally benefited. Opposition to the new government, once extending, in some of the States, to a moiety of their population, had gradually died away, and had now narrowed down to the spirit by which it was supposed to be administered, and even to a part of the individuals who composed the administration. 502 SALUTARY INFLUENCE OF PARTIES. [CHAP.VI. If the rise of new parties, and an increasing bitter- ness between them, was some drawback, and indeed not a small one from the aggregate sum of national pros- perity, it must be recollected that this evil is inseparable from the good of civil freedom, and that these party bickerings are not an uncompensated evil. They beget vigilance in one party, and circumspection in the other, by which much mischief is prevented, and occasionally their active rivalry produces a degree of positive good that would not otherwise exist. The character of these parties, as we have seen, has its foundation in the principles of our common nature. They arise from the greater fear that some men have of the abuse of power when it is exercised by one or a few, and others have when it is exercised by multitudes. In the phases which these parties have exhibited in the United States, while cotemporaries find in one of them little to blame, and in the other little to commend, those who come after them, if they have the faculty of dis- crimination with candor, will occasionally meet with somewhat to commend and somewhat to censure in both. They will find suspicions to have been often unfounded, motives misrepresented, evU tendencies grossly exag- gerated; and measures once supposed to threaten the welfare, or even safety of the community, to prove harm- less and insignificant. What vestige now remains of the evils confidently predicted from either French or English influence ? What of the corrupting tendencies of the Bank, or of the disloyalty to the Union of the Western States, formerly such fruitful themes of danger with political croakers ? Of those parties which prevailed during the adminis- tration of General Washington,, it is probable that each contributed its part towards the public welfare. But 1T93.J SALUTARY INFLUENCE OF PARTIES. 503 for the republican jealousy of one party, the other might have attempted, and even have effected some changes in the government not in harmony with the genius and temper of the American people; and but for the Federalists, the General government might not have had that degree of power which subsequent experience has shown to be necessary. It might not have quelled, or attempted to quell the Pennsylvania insurrection, and the example of successful or unpunished resistance to the laws might have been followed by other States, and have led to more serious consequences. If one party had possessed a greater preponderance, we might have been involved in the calamities of war, on the side of France ; or, if the other had prevailed, we might have taken up arms against her. In either case, the wealth and prosperity of the country had pro- bably been postponed ten or twenty years, to say nothing of the injury which might have resulted to its political institutions. Nay, in the short-sightedness of human wisdom, if Hamilton's party had entirely prevailed, their means of strengthening the government might have eventually led to that wild spirit of democracy which they dreaded; and, on the other hand, if Jefferson's policy had met with no counteraction, the undue power of the States and of popular resistance to salutary laws might, by a natural reaction, have led to a more energetic government, whose burdens and restraints men would have chosen to bear for the sake of the partial protection it afforded; and as the oak attains its most vigorous growth under alternate storms and fimshine, so to the clashing tendencies of those opposite parties, the United States owe the highest civil freedom which is compatible with the salutary restraints of law and order. CHAPTER VII. WASHINGTON'S ADMINISTRATION. SECOND TERM. 1793—1795. The administration, wMch had hitherto met with nothing to disturb its tranquillity but those party dissen- sions from which no people who are at once able to think and free to speak, are exempt, was soon to be put to more serious trials of its capacities and strength. At home it was about to encounter insurrection, and abroad it was threatened with the alternative of having its rights of navigation and commerce invaded by the belligerents of Europe, or of being subjected to the burdens and hazards of war. Early in 1793, England, who had, until then, re- mained a quiet, if not an indifferent spectator of the popu- lar excesses in France, partook of the general sympathy excited in behalf of the royal family; and, after the execution of Louis XVI., decided on war. But the French republic, aware of that purpose, determined to be beforehand with its great rival, and declared war as soon as the British government had withdrawn its minister from Paris, and ceased to recognize the French minister in England. The President, who, as we have seen, was about to serve a second term, soon found that the war between France and England would give rise to important ques- tions of policy in the United States, and that it would (504) 1793.] CABINET CONSULTATION. 505 be difficult to preserve that neutrality between the bel- ligerents which was so suited to the circumstances of his country, and so essential to its continued prosperity. The great mass of the American people had looked on the recent revolution in France with the liveliest interest, not merely because their sympathies would naturally side with a nation struggling for civil freedom, but also because they were grateful for the services rendered by Prance in their own war of independence, and because, moreover, they considered the new-born spirit of liberty in France had taken its origin from the American Revolution. The, recollection of their long and bitter contest with Great Britain was too recent, kept alive as it was by her com- mercial restrictions, for the national resentment to have entirely subsided. A large part of the American people, therefore, when they found that Great Britain was at war with France, for no other reason than that she had overthrown her own monarchy, was disposed to make common cause with their old ally, especially when the cause was that of civil liberty. The President, aware of this state of the public mind, and impelled by every consideration of patriotic prudence to preserve the neutrality of the United States if he could, wrote from Mount Vernon, whither he had repaired after the rising of Congress, to the members of his Cabi- net on the importance of this policy, and of the dangers which threatened it. Hastening back to Philadelphia, he submitted to their consideration a number of queries as to the course to be pursued towards France, the most material of which were : — should a proclamation issue, warning the citizens of the United States against taking part in the wat ? should a Minister from the party in power in that country be received at once? were the treaties between the United States and France still in 506 CABINET CONSULTATION". [CHAP. VH. force ? were we bound by the guarantee of the French islands in the treaty of 1778 ; and if so, was the present war of France offensive or defensive ? In favor of issuing such a proclamation, the Cabinet was unanimous. They also agreed that the President should receive a Minister from the republic, but as to the mode of his reception the members widely diflFered. Messrs. Jefferson and Eandolph thought there should be no deviation from the ordinary mode. Messrs. Hamilton and Knox thought otherwise. They asserted the right of a nation to absolve itself from its treaty obligations with another country, when such a change had taken place in the cir- cumstances of that country as to render a continuance of the connection dangerous or disadvantageous to the other party. Applying this principle to the present state of things in France, in which the power of the government could not yet be considered permanent, and to the immense foreign force then arrayed against the new republic, they urged that a continuance of the former close connection between the two countries, especially if the guarantee was enforced, might prove dangerous to the safety of the United States. They therefore thought that the obliga- tion of the treaties with France should be reserved for future consideration. As to the clause of the guarantee, they also differed. Messrs. Jefferson and Randolph considered there was no present necessity for deciding this question; while Messrs. Hamilton and Knox regarded the treaty of alliance as merely defensive, and, consequently, that the guarantee could not be insisted on, in an offensive war, like the present. Their adversaries denied that the guarantee would 1793.] PROCLAMATION OF NEUTRALITY. 507 necessarily involve the United States in a war. They asked, Are we to enter into war before we are called on by our allies ? Can they call on us before their islands are invaded, or imminently threatened ? If they can save themselves, have they any right to call on us ? Are we obliged to go to war at once, without first trying negotia- tions with their enemy ? Will the islands be lost, if we do not save them ? Have we the means of saving them ? If we cannot save them, are we bound to go to war for a desperate object. These questions oflfer grounds of doubt whether the guarantee would draw us into war, and, consequently, the danger was not certain enough to war- rant us in declaring the' treaties null. They denied that any course now taken would deprive the United States of the future right of non-compliance with the treaty, when compliance would involve us in serious and inevitable danger ; that it would be unwise, therefore, to incur the imputation of bad faith, when it might be unnecessary, and would relieve us from no future evil from which we could not as well, or better, relieve ourselves, if we showed a present disposition to comply with our engagements. The President having requested the opinions of his Secretaries in writing, they were given at length by Mr. Jefierson and Colonel Hamilton; and on examining them with his wonted care, he concurred with the Secre- tary of State, and decided on receiving a Minister with- out qualification ; and that the subject of the guarantee did not require an immediate decision. The proclamation of neutrality having been decided on, it was forthwith prepared, and issued on the' twenty- second of April, by the Attorney-General. It reminded the citizens of the United States of their duty and inte- rest to observe neutrality towards the belUgerent nations 508 ARRIVAL OF GENET. [CHAP. Til. of Europe, and warned them, that if they, by hostilities against any of those belligerents, incurred punishment under the law of nations, they would not receive the pro- tection of the United States. A short time before the proclamation issued, a Minis- ter from France, in the place of the one who had been appointed by the unfortunate Louis, arrived at Charles- ton, South Carolina. This Envoy, familiarly known as citizen Genet, according to the mode of designation then prevalent in France, was a man of warm temperament, zealously devoted to the cause of the revolution, and cor- dially co-operatiag with its leaders in propagating the new-bom passion for liberty in every other country. He spoke English fluently, and being impressed with the conviction that the people of the United States were strongly disposed to make common cause with France, while the policy of the government was suspected to incline more to Great Britain, he determined to improve the popular sentiment as far as he could ; and, if possi- ble, to involve the United States in a war with Great Britain. Such, indeed, were the instructions of those who sent him. He was received in Charleston with enthusiasm, and his journey from that place to Philadelphia bore the character rather of a conqueror returning from a success- ful campaign, than that of a messenger of peace and of national courtesies. The day after he reached Philadelphia, and before his official credentials were presented, he received addresses of compliment and congratulation from different societies, to which he replied in the most fervid and exaggerated strain. The next day he had an interview with the President, when he declared that by reason of the distance of the 1793.] CONDUCT OF GENET. 509 United States from the theatre of action in Europe, and from other considerations, France did not wish them to engage in the war. This assurance was the more readily credited because France had an obvious interest in the neutrality of the United States, as she could, by means of their shipping, carry on foreign commerce, especially with her colonies, that might be otherwise impracticable. In the course of his short stay in Charleston, Genet authorised the fitting out and arming of vessels in that port, and gave them commissions to cruise against the enemies of France. The French consuls in the United States were, moreover, authorised by him to hold courts of vice-admiralty on any vessels their cruisers might cap- ture, to condemn them, and sell the prizes. A British ship from Philadelphia had been already captured by a French cruiser within the capes of the Delaware. This capture and the acts of sovereign authority exer- cised by Genet had been made ground of formal com- plaint by the British minister Hammond, and he had demanded a restitution of all vessels thus illegally cap- tured. It was agreed by the Cabinet that these acts were violations of the sovereignty of the United States ; that they should for the future be prevented, and that such American citizens as had participated in them should be punished. On the question of restoring the captured property, the Cabinet differed. Messrs. Jefferson and Kandolph urged that if the commissions issued by citizen Genet were invalid, the captures were void, and the courts would award restitution. If, on the other hand, the commis- sions were good, the legal right was in the captor, and could be taken from him only by force, that is, by an act of reprisal for the offence against the United States ; but 510 CABINET DISCUSSIONS. [CHAP. YII. that reprisal was a serious matter, and ought to be pre- ceded by a demand and refusal of satisfaction. It is generally considered to be an act of war, and never fails to produce it. Even if it was a fit case for reprisal, the power of taking this course belonged to Congress, and not to the Executive. As to the injury done to the United States, they were the sole judges of that injury, and of the proper reparation. The course which the Executive had now taken was sujfficient to justify it with Great Britain. They were therefore of opinion that the vessels captured by French cruisers on the high seas ought not to be returned by the United States. Messrs. Hamilton and Knox were of a difierent opinion. They maintained that a neutral, permitting itself to be made an instrument of hostility, becomes a party in the war : that, in the case supposed, the United States would thus possess the means of annoyance, while they were protected from retaliation by a pretended neutrality. It being thus inconsistent with neutrality for the United States to permit privateers to be fitted out in their ports, it would follow that they must remedy the injury which had been committed : that the wrong had been done before the government had the means of preventing it might be an excuse, but was no justification. It could have no force when the prizes were brought into the United States, and thus placed within their power and jurisdiction. Although the commissions were valid as to the bellige- rent parties, they were not so as to the United States. For the violation of their rights they were entitled to reparation. There could be no indefeasible right to pro- perty obtained by a violation of the rights of the United States. These commissions, though void as to the United 1793.] RELATIONS "WITH FRANCE. 511 States, yet being valid between the belligerents, the case was not proper for the decision of the courts, but to be settled by reasons of State, not rules of laws. It was the case in which the national sovereignty having been violated, to the injury of a third party, the nation is bound to demand reparation, that, in thus doing justice to another, it might do justice to itself On those grounds they thought restitution should be made.' The President reserved for future consideration the question on which his Cabinet was thus divided ; but as to the other points on which they were agreed, the Secre- tary of State was requested to communicate them both to the French and British Ministers, and also to address circulars to the State Executives, requiring their co-ope- ration ; and, for preventing a repetition of such violations of sovereignty, to use force, if necessary. The letter written by Mr. Jefferson to the French Minister, on this occasion, was addressed to Mr. Ternant, and it contained all the complaints urged by the British Minister against acts of French citizens as violations of the neutrality of the United States, and also the opinion of the Attorney-General, that the seizure of the British ship Grange by the frigate within the capes of the Dela- ware was illegal. This letter was the next day delivered by Ternant to his successor Genet, who, in his reply, denied either the facts or the law relied on by the British Minister, except the capture of the Grange, as to which, acquiescing in the opinion of the Attorney-General, he had ordered her to be restored. In a second letter from Mr. Jefferson, the rights and duties of the United States as a sovereign and a neutral nation are again insisted on, and Mr. Genet is told that they expect, as a reparation for their violated sovereignty, ' V. Marshall, page 417. 512 CORRESPONDENCE WITH GENET. [cHAP. VII. that the vessels illegally equipped within their limits, would leave their ports. This request, the envoy resists in a vehement and not very respectful tone. He persists in his own first con- struction of the treaties between the two nations, of the rights of France, and of the duties of neutrality. He urges that an obstruction to the arming of French vessels in the ports of the United States would expose them to inevitable ruin, which, he added, is certainly not the iatention of the people of America. In more than one passage of his letter he contrasted the conduct of the . American government with the generous sympathy of the American people. In the same offensive style he had, some days before, demanded the release of two citizens of the United States, who had been arrested for offending against the laws, by enlisting under citizen Genet to cruise in the service of France. We may now wonder at the temper and forbearance then exhibited by the government, and which could arise only from its determination to afford no sort of color to the suspicions beginning to prevail, that the administra- tion was secretly unfriendly to the French Eevolution. This forbearance was naturally interpreted by Genet into a conviction on the part of the Government that the people would not bear a more decided opposition to his course, bold and arrogant as it was. Public sentiment, as indicated by popular meetings, and by societies, modelled after the Jacobin clubs of Paris, was well cal- culated to confirm one of his sanguine temper in these impressions. He was thus emboldened to put him- self in direct opposition to the American Government, and trusted to the known force of the popular will in the United States to ensure his eventual triumph. 1793.] CORRESPONDENCE WITH GENET. 513 It was not long before this strange state of things pro- duced its natural results, and brought citizen Genet's diplomacy to a crisis. An English letter-of-marque, the Little Sarah, had been captured by a French frigate, and sent into Philadelphia, where she was fitted out as a privateer, under the name of " La Petit Democrat," and manned partly by Ameri- can citizens. Governor Mifflin having learnt these facts, and also that the privateer was to sail the next day, sent his Secretary of State, Mr. Dallas, to Mr. Genet, to request him to detain the vessel until the return of the Presi- dent, then on his journey from Virginia, and thus to relieve the Governor from the necessity of employing force. To this application Genet returned a most intemperate reply, censuring the administration and its course ; threat- ening to publish his correspondence by way of appealing from the Government to the people, and to leave the country. He peremptorily refused to interfere with the sailing of the privateer, which, he said, in defending the honor of her flag, would certainly repel force by force. The Governor then ordered out one hundred and twenty militia, for the purpose of taking possession of " The Little Democrat," and communicated the facts to officers of the Federal Government. The next day the Secretary of State called on Genet, and endeavored to induce him to pledge his word that the vessel should not depart before the President's return. The envoy con- ducted himself in the same passionate and indecorous style as with Mr. Dallas. But after a while, becoming cooler, he entreated that no attempt should be made to take possession of the vessel by force, as such an attempt would be repelled by force. He said she was not yet VOL. I. — 33 514 CASE OF "the little democrat." [chap. VII. ready to sail, but would merely fall a little way down the river. On Mr. Jefferson's reporting this conversation to Governor Mifflin, and stating his belief that the vessel would not depart before the President's return, the Gov- ernor ordered the militia to be discharged ; and he fur- ther consulted the officers of the Government as to the course he should pursue. Here, too, the members of the Cabinet disagreed. Messrs. Hamilton and Knox thought a battery should be erected on Mud Island, to prevent the departure of the vessel, in case it should be attempted before the Presi- dent's return. Mr. Jefferson' not approving of this course, it was not adopted. The privateer then fell down the river, below Mud Island, as far as Chester. The President reached Philadelphia on the eleventh of July, and called a meeting of his Cabinet the next day. It was then decided to request the answer of the Judges of the Supreme Court to a series of questions on the points of difference between the Government and the French Minister relative to the treaty with Prance, and in the mean time to detain such privateers as had been equipped by any of the belligerents within the United States. This decision was forthwith communicated to Mr. Genet; but, without regard to it, or to his implied con- sent that " The Little Democrat" would abide the deter- mination of the Government, in the course of four or five days she proceeded on her cruise. It was clear that the administration did not think it prudent to resort to coercive measures for the purpose of detaining "The Little Democrat;" and though it may now seem more consistent with the dignity of the Government to have used the same means at Chester which had been first iatended at Philadelphia for arrest- ' The Attorney-Greneral was then in Virginia. 1793.] RELATIONS WITH FRANCE. 515 ing her voyage, even though bloodshed had been the consequence, yet when the temper of the popular mind, so strongly inclined to take sides with Prance, is con- sidered, and that disaffection to the Government had now manifested itself in the western part of Pennsylva- nia by an open resistance to the laws, it was probably the wiser course not further to excite the popular feeling, especially as it might increase the suspicions of the lean- ing of the administration against France, and in favor of Great Britain ; and so far lessen its weight and efficiency at the time they were most needed. That force was not resorted to for the purpose of preventing the departure of " The Little Democrat," is expressly ascribed " to the forbearance of the Government," in an official letter sub- sequently written by Mr. Jefferson to Mr. Morris, the American Minister in France. The Judges of the Supreme Court having declined to answer the queries put by the Executive, as out of the sphere of their judicial duties, which were limited to cs-ses of legal controversy, it was decided in the Cabinet to lay down the rules to be observed towards the vessels of the belligerents in the ports of the United States; which rules were carefully framed in accordance with the received doctrines of international law relative to the duties of neutrals, slightly modified by the treaty be- tween the United States and France. , The popular sentiment in favor of France continued to gain strength in America by the new aliment which it was constantly receiving from that focus of political zeal, and by the fervid appeals of citizen Genet, encouraged as they were by those presses which most had the favor and confidence of the people. Among other complaints against the administration, the proclamation of neu- trality, which had obtained the sanction of Jefferson 516 HAMILTON AND MADISON. [CHAP. VII. and Randolph, began now to be openly assailed, not only as manifesting an unfriendly disposition towards France, but as transcending the constitutional powers of the Executive. Mr. Hamilton, in a series of papers in Fenno's journal, maintained the wisdom and legality of the proclamation. To these papers, which were signed Pacificus, Mr. Madi- son replied in another series, in Freneau's paper, under the signature of Helvidius. Their pens, which five or six years before had so cordially co-operated in recom- mending the new Constitution of the United States to the adoption of the American people, were now in con- flict on the construction of that instrument ; and these eminent statesmen never afterwards concurred on any great question, except perhaps in giving the preference to Jefferson over Aaron Burr, for the Presidency. Mr. Madison confined his objections to the constitu- tionality of the proclamation ; and now that the passions which animated the parties at the time have almost passed away, we may venture to assert that though the powers assumed by the President of giving his opinion on a point which it belonged exclusively to Congress to decide, could lead to no serious mischief, but, on the con- trary, that its admonition to the American citizen to observe the duties of neutrality might be seasonable and useful, it will scarcely be disputed by jurists that Mr. Madison's exposition of this part of the Constitution is sounder than those of his ingenious adversary, and more in accordance with the true theory of this govern- ment. Mr. Genet continued to assail the administration with applications and complaints — applications as inadmissi- ble as the complaints were unfounded. He had, from the first, in his correspondence with the Secretary of 1793.] genet's recall demanded. 517 State, insisted on the right of France to arm vessels in the American ports, by the twenty-second article of the treaty,, and "under the general sense and usage of man- kind," notwithstanding "the diplomatic subtleties and aphorisms of Vattel," on no better ground than that such right of arming had been positively forbidden to other nations, while it had been neither forbidden nor granted to France. He insisted that the United States should vindicate their rights, according to his construction of the law of nations, and to fail in this was to be faithless to France. Not content with thus indecorously remon- strating against the conduct of the administration, he assailed their motives, and that too in a tone of undis- guised insolence and contumacy. Mr. Jefferson's part of the correspondence was at once temperate, dignified, and firm. At length the govern- ment, finding no other course consistent with its self- respect, insisted on the Minister's recall ; but to avoid ofience to France, a full detail of his conduct here, and a justification of the course pursued by the United States, were sent to their Minister, Mr. Gouverneur Morris. Genet was accordingly ordered home, but before he left the United States, the Gironde party, to which he be- longed, had been overthrown; and he deemed it prudent to remain in the United States, where he soon afterwards married, and in unobtrusive quiet passed the remainder of his life. Among other instances of this Minister's mischievous intermeddling was his intrigue with some malcontents in Kentucky to take possession of New Orleans. The plan seems to have been formed in August, and in November he despatched four agents to that State to enlist men, and to take measures for the projected expedition. George Roo-ers Clarke, who distinguished himself in the Revolu- 518 GENET RECALLED. [CHAP. VII. tion, issued proposals for raising troops, on which occa- sion he styled himself Major-General of the armies of France, and Commander-in-chief of the revolutionary legions on the Mississippi. The project was defeated by the timely interposition of the General government, which, by proclamation, warned the people of the West of the scheme, and gave orders to General Wayne to suppress it even by force, if necessary. Before the recall of Genet had been decided on, the Cabinet differed about the propriety of making an appeal to the American people, by laying before them the whole of this Minister's extraordinary and offensive correspond- ence with the State department. Mr. Hamilton was decidedly in favor of the appeal. Messrs. Jefferson and Randolph opposed it, as more likely to do harm than good, by making both Genet and his supporters more violent, and by causing the President, who had hitherto preserved a character for impartiality, to be regarded as the head of a party ; and because Genet would be sure to make a similar appeal ; in which case the affair would assume the character of a contest between the President and a foreign Minister. The President finding his Cabi- net thus divided, suspended his decision, or rather decided on not making the appeal. It was then proposed to send away Genet, but this being opposed by Randolph, the President suspended the decision of that question also. He, however, after some days, himself proposed it, but it was then objected to by Mr. Jefferson, as a measure generally leading to war; and because the United States would thereby make an enemy of the only nation which was sincerely their friend : that it was unnecessary, as they might hourly look for his recall ; and lastly, that Genet might refuse to obey the order. No decision was made on this ques- 1^93.] BRITISH PROVISION ORDER. 519 tion, in accordance with what seems to have been General Washington's uniform course when his Cabinet was equally divided. While the Government was thus harassed and insulted by the rashness and presumption of the Minister from France, the course of events then passing in Europe was tending to involve them in a dispute with Great Britain. In consequence of the failure of the harvest of 1792 in a great part of France, she required large importations of grain from other countries, and it being known that sup- plies could be obtained from the United States in greater abundance and on better terms than from any other country, both by reason of their numerous shipping and of their neutral character, Great Britain determined to use her naval power to prevent those supplies. She accord- ingly, in June, 1793, gave instructions to her armed ships to detain all vessels bound to France with provisions, and to send them into the most convenient port, that their cargoes might be purchased by the British Govern- ment : they were also required to seize all ships attempt- ing, to enter ports declared to be blockaded, except those of Denmark and Sweden, on their first attempt ; and that all vessels which appeared to be bound to such ports should be admonished to proceed to other ports ; but if they continued their course with their first view, they should be condemned, as also all vessels which had sailed for a blockaded port, after the declaration of blockade had been known in the country from which they had sailed. Mr. Jefferson, in September, wrote to Mr. Pinckney, the American Minister in London, to urge a revocation of this order in council, as contrary to the law of nations, and to require indemnification for the losses sustained under it by American citizens. 520 IMPRESSMENT OF SEAMEK. [CHAP. VII. In a few days Mr. Hammond sent to Mr. Jefferson a copy of those instructions, which he defended as consis- tent with the law of nations ; provisions being considered contraband, when the privation of such supplies is neces- sary to reduce a nation to reasonable terms of peace — which he argued were the present circumstances of France. To this letter Mr. Jefferson replied that the principle which declares provisions to be contraband in the case stated, or in any case but that of a place achially block- aded, was entirely new. But that as the American Min- ister in London had been instructed to make a represen- tation of the subject, he declined a further discussion of it. In the correspondence relative to it between Mr. Pinckney and Lord Grenville, the same ground was taken by the Ministers of the two countries respectively as had been taken by their colleagues in the United States. The practice, by British men-of-war, of impressing men from American ships, on the ground that they were British subjects, and consequently, according to the British doctrine, incapable of putting away their natural allegiance, was a further cause of irritation and of diplo- matic remonstrance. The American Government endeavored at first to resist the claim, but finding that course hopeless, they sought to subject the alleged British right to regulation, so that the citizens of the United States should not be liable to its abuse. Mr. Jefferson decidedly objected to certificates of citizenship, which, as the necessary means of protec- tion, were degrading, and would be unavailing from the reckless character of seamen, who would want the pre- caution to provide them, or having provided them, would always be in danger of losing them. He further suggested 1793.] EIGHTS OF NEUTRALS. 521 some cautionary provisions to prevent American vessela from becoming the ready asylums for British seamen. The British Government, among other justifications for their order in council of June, 1793, relied on the example of the National Convention of Prance, which, by a decree of the ninth of May, 1793, had authorised their armed vessels to seize all ships laden with provi- sions bound to an enemy's post, or which had on board merchandize belonging to an enemy — declaring such merchandize lawful prize ; but the provisions were to be paid for, and neutral vessels were to receive their stipu- lated freight, and to be indemnified for detention. This decree having been complained of by the Ameri- can Minister, as contrary to the treaty with the United States, the Convention, on the twenty-third of May, decreed that the United States were not comprehended in the decree of the ninth; but this last decree was revoked five days later, and on a second remonstrance from Mr. Morris, it was renewed on the first of July. But it was again revoked on the twenty-seventh of that month, and the American vessels ceased to be excepted from the decree of the ninth of May. It deserves to be remarked that this decree of the National Convention was not mentioned by Lord Gren- ville in his correspondence with Mr. Pinckney, nor by Mr. Hammond in his communication of the British order in council, nor is it noticed by the journals of the day, or in the debates of Parliament. The first mention of it by a diplomatic agent of Great Britain is by Mr. Ham- mond, in his letter to Mr. Randolph, Secretary of State, dated the eleventh of April, 1794, and that merely in answer to a remark quoted by him from Mr. Pinckney' s memorial to the British Ministry, that France would make use of the acquiescence of the United States in the 522 ENGLISH PROVISION ORDER. [CHAP. VII. British orders "as a pretext for the violation of neu- trality," and that she might derive from those orders " the right to pursue a similar course. Mr. Hammond refers then to the fact that the French decree of a hke character was previous to the British order. One reason of this remarkable forbearance to justify the provision order complained of by the example of their enemy — a practice subsequently so familiar to both nations — might have been that it was desirable to Great Britain to defend a measure which would so greatly enlarge the power and efficiency of her navy, on the broad and permanent ground of international law rather than that of retaliating a French decree, which might be revoked at any time, and had in fact been revoked twice in three months. Another reason might have been that the French Government could, with some reason, have denied that they had thus taken the lead in this course against neutrals, since Great Britain and Russia, in their treaty of the twenty-fifth of March, 1793, had sanctioned a similar invasion of neutral rights.^ These instructions to the armed vessels of Great Britain, certain to be so vexatious and injurious to American com- merce, excited much feeling in the United States; brought a great accession of strength to the party who wished the country to make common cause with France ; and added much to the difficulties of the administration, bent as it was on keeping the country in a state of peace and neutrality. In the consultation of the Cabinet, according to cus- tom, on the subject of the President's opening speech to Congress, the members showed their wonted discordance of views. On the subject of the proclamation of neu- trality, Mr. Hamilton maintained that the President had ' I. Debrett's State Papers. 1793.] DisctrssiONS in the cabinet. 523 a right to declare his opinion to his fellow-citizens and to the world, that it was neither our duty nor interest to join in the war ; that the proclamation was regarded by other nations as a declaration of neutrality, future, as well as past ; and, to declare otherwise now, would be a deception on them. He therefore was for using such expressions as would neither affirm the right nor sur- render it. Messrs. Jefferson and Randolph denied the President's right to make any declaration as to the future, concern- ing war or peace. Mr. Jefferson went a step further, and denied that the President had any right to declare that neutrahty would be our interest ; and policy recom- mended that this question should be left doubtful, that other nations might " come and bid for our neutrality." The President himself disclaimed any intention of looking beyond the present; and he justified the use of the term " neutrality" in his answers to public addresses on the subject, on the ground that the term had not been objected to in his Cabinet. On a renewal of the discussion, it was maintained by Mr. Hamilton that the President and Senate might, under the treaty-making power, make a treaty of neutrality, which would take from Congress the right to declare war; and that, in this way, they might exercise any power whatever, even those exclusively assigned to Con- gress. Mr. Jefferson, on the other hand, insisted that " in giving to the President and Senate the power to make treaties, the Constitution meant only to authorise them to carry into effect, by way of treaty, any powers they might constitutionally exercise. In his private notes,' he remarks : " I was sensible of the weak points in this ' Since published under the name of Ana. 524 THE president's opening speech. [chap. VII. position, but there were still weaker in the other hypo- thesis." Mr. Jefferson was also doubtful about the power of Congress to establish a military academy, but all the other members of the Cabinet being in favor of it, the President recommended to Congress 'such an establish- ment. To it the country has been indebted for many of its best officers, and, without it, must either have re- mained deficient in the requisite mihtary science, or have been dependent for it on foreign countries. Congress met on the second day of December, and on the following day the President addressed both Houses assembled in the Senate chamber. After making acknow- ledgments for his re-election, but still declaring his pre- ference for a retired life, he mentioned his proclamation of neutrality as an admonition to our citizens against contraband trade, or, hostile acts against belligerents; stated the rules he had prescribed to himself for the observance of treaties and for maintaining the privileges of the United States, and recommended that the country should be put in a state of complete defence, that we might secure the fulfilment of the duties of other nations towards us, while we fulfilled ours towards them. He reminds them that appeals to arms are sometimes inevi- table, and that the country cannot support the rank to which it is entitled, with the reputation of weakness. He therefore recommends an increase in the supply of arms, and an improvement in the militia system. He is also in favor of a gradual redemption of the public debt, and suggests that some addition to the revenue will be required. He repeats his former humane suggestions relative to the Indians. Two days later he sent to both Houses a message accompanied with numerous documents, concerning the 1793.] MESSAGE FROM THE PRESIDENT. 525 foreign relations of the United States, especially with France and England. In this message he mentioned the general manifesta- tions of friendly feelings by the public authorities in France towards the United States, and the advantages she had given to their commerce and navigation; but that she had nevertheless passed a decree concerning ves- sels laden with provisions, and enemy's goods found in the vessel of a friend, which were inconsistent with her treaty between France and the United States, and though at first revoked as to this countr}'^, it is said to have been subsequently extended to it. The course of Genet, and its tendency to involve us in war, was decidedly, but calmly reprehended. The British instructions of June to their armed vessels were then noticed, as well as the measures taken thereon by the Executive, and also the correspondence relative to the non-execution of some of the articles of the treaty of peace. The afiair of the United States with Spain requiring a confidential communication, he said, would be the subject of a future message. The President's speech had been drawn by the Secre- tary of State, but had encountered much opposition from Mr. Hamilton, who succeeded in making many alterations in its terms, and who averred that the very striking con- trast between the language used towards France and that towards Great Britain "amounted to a declaration of war." He insisted that Great Britain had shown to the United States more favor than France, and he regarded the partial disposition of the people of this country towards France as a serious calamity. He also wished the com- munications to Congress on the subject of complaints still pending, to be secret. The President, however, decided that the whole should be communicated without any reser- 526 Jefferson's commercial report, [chap. vii. vation ; though all the members of the Cabinet, except Mr. Jefferson, were against publishing the documents relative to the provision order in council — the Presi- dent, on this occasion, departing from his ordinary rule, and deciding in favor of one of his Cabinet against three. The answers of the two Houses of Congress on the sixth, were in the same respectful and affectionate tone as on all previous occasions. On the same day, in compliance with a resolution of the House of Representatives passed as fearly as the twenty-third of February, 1791, the Secretary of State made a report on the commercial privileges granted by foreign countries to the United States, and the commer- cial restrictions iuPposed. After exhibiting the amount of annual exports of the staple products of the United States to the several mari- time nations of Europe ; the imports from each ; and the amount of American tonnage employed in, their com- merce with each, the Secretary considers how their several restrictions " may be best removed, modified, or counteracted." Of the two feasible modes, by treaty and by our own legislation, he deems the first the more eligible ; but where that mode is impracticable, he recommends a resort to legislation. He regards the protection to be thus afforded to commerce, as still more important to their tiavigation, which is so essential to the national defence. For the attainment of these great objects, he suggests a series of legislative measures which should retaliate on other nations the precise restrictions imposed by them on American commerce or navigation. Soon after this report was communicated, Mr. Jeffer- son resigned his office, and retired to his seat in the inte- rior of Virginia, where he continued about three years, 1794.] JEFFERSON RESIGNS. 527 a silent and secluded, if not an indifferent spectator of pub- lic measures ; after which he was, for twelve years, called by the suffrages of his fellow-citizens to fill the first or the second post under their laws. Being now known to his countrymen as the vindicator of the nation's rights against the recent aggressions of Great Britain, he had recommended himself more strongly than ever to the favor of the Republican and Anti- Anglican party; and as he had also ably maintained the nation's dignity as well as neutrality against the insolence and intrigues of Genet, he had almost redeemed himself with the Federal and Anti-Gallican party. To the justness and patriotism of his views, and the ability with which he had sustained them, one-half the nation, in one case or the other, gave a ready assent. Though he might have had warmer friends subsequently, he never had so few enemies as at this period. He was succeeded as Secretary of State by Mr. Ran- dolph, the Attorney-General, whose place was filled first by Mr. Bradford of Pennsylvania; but he dying soon after his appointment, Mr. Charles Lee, of Virginia, was appointed to the office. The confidential message respecting Spanish affairs was sent to Congress on the twenty-fourth of February, 1794. Besides the subject of commerce, common to all the maritime nations of Europe, the questions of boun- dary and of the navigation of the Mississippi remained to be adjusted with the United States. From the beginning of the assertion of independence by the British-American colonies, Spain seems to have felt an instinctive dread of the influence of their exam- ple on her own colonies ; to have aimed at narrowing the boundaries of the new States, and at giving as few facili- ties as possible to their commerce, unless she could effect 528 COMMEECIAL RETALIATION. [CHAP. VII. a separation of the Western from the Atlantic States ; in which case she was disposed to be liberal in her con- cessions to the people of the West. One of the means of annoyance which she was sup- posed to have resorted to, was to excite the hostilities of the Southern tribes of Indians. The Minister from the United States to Spain was specially instructed to pre- vent interpositions of this character on both sides. Spain also entertained, or affected to entertain, similar suspi- cions of the United States, and made a remonstrance on the subject in a haughty and threatening tone. This course seeming to indicate a determined hostility on the part of Spain, a messenger was despatched to Madrid to demand such explanations as would leave no doubt of her real purpose ; and, in the meanwhile, her Minister to the United States endeavored to soften the feelings which the language of his Court had clearly produced. The House having resolved itself into a Committee of the Whole on the commercial report of the Secretary of State, Mr. Madison laid on the table a series of resolu- tions framed in conformity with the Secretary's report. These resolutions proposed to lay an additional duty on the manufactures and the tonnage of vessels of nations having no commercial treaty with the United States; and at the same time to reduce the duties on the tonnage of vessels belonging to nations having such treaty ; and they proposed to retaliate the restrictions imposed on American navigation. The debate on these resolutions was opened by Mr. Smith, of South Carolina. He proposed to discuss the subject purely as a commercial one, dismissing all ques- tions respecting Indians, Algerines, and the Western ports. He said the object of Mr. Jefferson's report had been to exhibit a contrast between France and Great 1794.] FOREIGN COMMERCE OF THE UNITED STATES. 529 Britain, but that he should submit an accurate statement of facts, which being compared with the report, would enable the House to decide on the correctness of its inferences. Considering the late relaxations of the French republic in their commercial regulations to have been produced by circumstances that were merely temporary, he should make his comparison of the trade which the United States had with the two nations as it stood before the recent revolution in France. According to a table prepared with care, he showed that, except in fish oil, the commerce of the United States had not been more favored by France than by England, and that, in many articles, it had been more encouraged by the latter. Flour, for example, was most favored by Great Britain. In 1786 and 1788, the export of flour to the British pos- sessions exceeded that to France and her colonies more than twenty to one. In tobacco, the British regulations were more favorable than the French. By a lower duty on the tobacco of the United States, that product had a monopoly of the British market. It pays no duty, indeed, in. France, as it does in England, but this duty falls on the British consumer. Its importation is prohibited in the colonies of France, and in Europe she puts it on the same footing as the tobacco of other countries. In rice, there appears to have been no decided advan- tage either way. In wood, the advantage was decidedly in favor of the British regulations. In both countries the articles were free ; but in Great Britain the wood of other countries was subject to a duty from which the wood of the United yoL. I. — 34 530 COMMERCE "WITH GREAT BRITAIN, ETC. [CHAP.VII. States was exempt; while, in France, there was no dis- crimination. Salted fish and fish oil were the only articles in which the regulations of France were more advantageous than those of Great Britain. The latter nation being able to supply herself, admitted their importation, subject to a small duty, while she gave a bounty on those articles taken by her own subjects. Pot and pearl ashes, naval stores, and indigo, were more favored in Great Britain than in France. Live cattle and flaxseed were on an equal footing in both countries. .A consequence of this greater encouragement to the trade with Great Britain was, that, in 1789, the exports to that country were nearly double those to France, and the average of 1790, 1791, and 1792, gave an annual excess of the same character of three millions seven hundred and fifty-two thousand dollars. But to do away with the efiects of this excess of exports, the Secretary had relied on the fact that a great part of the commodities received by Great Britain lay under the disadvantages of double freight and charges. The fact of re-exportation, which formerly took place, he said, might then be questioned, but supposing it to exist to the extent of one-third of the commodities received, even then, her consumption would exceed that of France. But were the fact otherwise, it might not always be to the interest of the United States to carry their commodities to the highest market, if their vessels could not there obtain other commodities in exchange, and a freight back. In this state of things it might be more profitable to have an intermediate market, not sub- ject to the before-mentioned disadvantages. That this is the free course of trade is a proof that it is beneficial. 1794.] RESTRICTIVE POLICY DISCUSSED. 531 The great amount of imports from Great Britain, on which the Secretary lays stress, is a proof of the utility of that trade. It must be owing to the better quality and greater cheapness of her commodities. She was also able to give an extensive credit, which is an immense advantage to a young and growing country, like the United States. The necessity of laying a duty on British manufactures, in order to find a sale for those of other countries, is a proof that the first were cheaper, or better suited to the American market. He confessed that there might be more expediency in the proposed policy, if the object were to encourage domes- tic manufactures ; but its avowed object is to turn the course of trade from one foreign nation to another. He admitted the disadvantages of depending on a sin- gle nation for the supply of articles of general consump- tion, but urged that this dependence was not to be shaken off by a sacrifice of their best interests ; that the lessen- ing the imports of British manufactures by high duties to counterbalance the disadvantages under which other nations lay, was to pay a bounty out of our own pockets, not to encourage our own manufactures, but those of the nations wje thus favored. On the subject of navigation, he maintained that the trade of the United States was as free in American as in British vessels, except as to some trifling port charges. France merely put the American vessels on the footing of the most favored nations. Thus far, American navi- gation was most favored by Great Britain. In the West Indies, American vessels are excluded by Great Britain, but by France, vessels of sixty tons are admitted from all countries. In this respect, the French regulations are the most favorable. The Secretary had stated the American tonnage 532 EESTEICTIVE POLICY. [CHAP. VII. employed in the trade with France at one hundred and sixteen thousand four handred and ten tons; while that employed in the trade with Great Britain was only forty- three thousand five hundred and eighty tons : but he had not taken into account that four voyages are made in the year to the West Indies, while only two are made to Europe : that, to make the comparison fairly, a call had been made for the tonnage of the vessels actually em- ployed in the trade with the two countries, and it was found to be to France eighty thousand five hundred and eighty-two tons, and to Great Britain sixty-six thousand five hundred and eighty-two tons. On the whole, that the commercial system of Great Britain was friendly, and made more discriminations than France in favor of the United States. The defence of the resolutions by their mover, Mr. Madison, Messrs. Findley, Nicholas, Clarke, Smiley, Moore, and Giles, was in substance as follows : That most of the injuries inflicted by Great Britain on the United States proceeding from her efforts to extend her commerce, could be remedied by appealing to her commercial interests : that the Indian war against the United States, and the attack of the Alge]jines, must be referred to these views, or she must be convicted of gratuitous cruelty. The propositions submitted were likely to answer their intended purpose. The speakers professed themselves friendly to the principles of free trade, but urged that to this rule there were exceptions. The effect of the navigation laws of Great Britain was a striking instance of such exception. Another exception was when, by duties on the com- modities of another country, we could not only strengthen our means of rivalship, but draw from Great Britain the hands employed in producing those commodities. 1794.3 RESTRICTIVE POLICY. 533 The practical effect of leaving commerce to regulate itself is in fact to subject it to the regulations of other nations. The best way to derive advantage from trade is to leave it entirely free ; and, next to that, is to make the restrictions reciprocal. It was the want of this reci- procity, and of adequate efforts to provide a remedy for it, which first suggested the present Constitution ; and to this remedy the people confidently looked. The injurious effect of British restrictions on Ameri- can shipping was shown by comparing what was employed in our trade with them and with other countries. Thus our shipping in the trade with other nations compared with theirs, in the same trade, varied from five to twenty- six to one ; but in our trade with Great Britain it was only as one to three. We should, moreover, be the greater gainers by carrying our own products, because they were so bulky in proportion to their value. They relied on the balance of trade being against the United States, in its commerce with Great Britain, and main- tained that it was a disadvantage to depend upon a sin- gle nation for articles of general consumption. They urged the improbability of retaliation by Great Britain, considering the value and importance of the American trade to her : that the credit afforded to Ame- rican merchants was no real benefit, but was productive of mischief in augmenting luxurious consumption, dis- couraging domestic manufactures, and increasing British influence : and lastly, the conduct of Great Britain in stimulating the hostilities both of the Algerines and Indians was referred to, and contrasted with the conduct of France, which had always been friendly and generous. They insisted that three hundred thousand British manu- facturers would be thrown out of employment by with- 534 RESTRICTIVE POLICY. [CHAP. VIl. drawing the trade between that country and the United States. Besides the arguments relative to the interests of com- merce, political considerations were pressed into the debate by one party, and probably entered into the feel- ings of both parties. The public debt was repeatedly adverted to, sometimes to show its mischiefs, by the heavy taxes to which it gave rise, by the dependence on other nations which it produced ; and sometimes as explaining the difference in the language now held towards Great Britain, and that held when America declared her independence. The national character was said to depend on the passage of the resolutions. These arguments were replied to by Messrs. Smith of Maryland, Goodhue, Lee, Dexter, Ames, Dayton, Hart- ley, Tracey, Hillhouse, Forest, Fitzsimmons, and Foster. They insisted that if the United States had suffered wrongs from Great Britain, this was not the mode of redressing them. When that subject came properly before them, they would not be slow to vindicate the rights of the country. The mode proposed, they said, was unworthy the dignity of the American character. If the resolutions were adopted, it should be only because they would advance the interests of the United States, not that they would injure one foreign nation, and benefit another. As there was no friendship in trade, neither ought there to be any enmity. But the objects of the resolutions avowed by their friends, were to encourage the navigation and commerce of the United States. Let them then be examined under this aspect. It had been urged that the American ton- nage ought to exceed the foreign tonnage as the exports of the United States exceed in bulk their imports from other countries. This was denied. Great Britain carries 1794.] RESTRICTIVE POLICY. 535 for other countries because of her fitness for navigation, and of her redundant population : but the interests of the United States, possessing a fertile and unsettled country, would not be promoted by drawing off her citi- zens from agriculture to navigation. Enough had already been done to encourage navigation, and its consequent growth had been sufficiently rapid. It promised to give that share in the transport of their commodities which their interests required. If, however, additional encouragement was to be given, then they urged that the duty on all foreign ves- sels should be increased, and the particular restrictions imposed by any nation on American vessels be precisely retaliated. The discriminations now proposed would merely encourage the shipping of one foreign nation at the expense of that of another. But further : the United States had not yet sufficient shipping for the transportation of their produce. It must either be transported in foreign ships, or not transported at all. By and by it will be otherwise, but, in the mean- while, for the Legislature to make it the interest of American citizens to employ French vessels in preference to English, by discriminations that would enhance the freight, would be a bounty to the shipping of France, which would be paid by American agriculture. The navigation act of Great Britain, so much objected to, they said, was not directed against the United States more than against other nations. It was a long settled policy to which she was so much attached that she would probably rather forego the sale of her manufac- tures in the United States than abandon it. The right way, moreover, of opposing this system would be by cor- respondent restrictions, to which many would agree, who were opposed to the resolutions. 536 RESTRICTIVE POLICY. [CHAP. VII. Nor would the manufactures of the United States be encouraged merely by shifting commerce from one chan- nel to another. This could be done only by laying pro- tecting duties or prohibitions on such articles as were or could be manufactured at home. If Great Britain could furnish the commodities wanted by the United States, at a cheaper rate than other coun- tries, a prohibitory duty on such commodities would force our citizens to resort to worse and to dearer markets. The country was not able, of itself, to supply the manufactures it required. Until it was, it would be un- wise to prohibit their importation. The only effect, then, of the proposed policy would be to force trade from one nation to another. This is, how- ever, a dehcate and difficult office. Though embarrassed for a while, commerce will eventually overcome these artificial obstacles, and regulate itself. That its present course is natural is proved by the acknowledged necessity of using violent means to change it. They urged that it was inconsistent to complain of British restrictions on American commerce, and at the same time that Great Britain obtained more than her fair proportion of it. Its large amount showed that it was not heavily burdened. If she purchased more than she consumed, it must be because it was the interest of Ame- rica to sell to her the excess. She could purchase such excess only by offering better terms than any other nation. If the importation of British manufactures was pro- hibited, and America obtained her supplies from other countries, accustomed to manufacture only for themselves, it would create a demand in those countries for British fabrics, and thus we should still encourage the consump- tion of those manufactures, though at an increased cost : 1794.] RESTRICTIVE POLICY. 537 and that the ptesent time, when all is in confusion in France, was particularly unfavorable to the experiment of obtaining manufactures from her. " We lay a stress," they remark, "on the importance and peculiar value of our products — many of them being the necessaries of life, which we seem to suppose that other nations cannot dispense with ; yet we complain of the British prohibition of our grain except when its price is high. But the products of America are also the pro- ducts of other soils, and may of course be supplied by other countries. Indeed, some of our products, which now find a market abroad, might, on a fair competition, be excluded. In this way formidable rivals to the Ame- rican producer may arise, and be continued longer than these resolutions. The credit given by British merchants was maintained to be of solid benefit to the United States, deficient as they were in commercial capital. But it was denied that any political influence resulted from it, in proof of which it was urged that although large debts were due from Virginia, her Representatives come forward with spirit to oppose Great Britain, while the Representatives from the East, where the people are not in debt to the English merchants, are opposed to these resolutions. It was said to exhibit a mortifying spectacle, that the Legislature of the Union was deliberating not concerning the welfare of their own citizens, but upon the relative circumstances of two European nations, and upon the ouestion which of them has the best form of government, or feels the most affection for us, and on that course of measures which we should adopt as most likely to hum- ble the one, and exalt the other. If the conduct of Great Britain was as hostile as was represented, the adoption of commercial regulations, of a 538 RESTKICTIVE POLICY. [CHAP. VII. navigation act, and the whole parade of shutting ports and freeing trade from its shackles, was not a fit remedy for the evil. "After continued negotiation," said one of the speakers," "should an obstinate denial of justice be still experi- enced, I would teach the world that the United States are no less prompt in commanding justice to be done them, than they have been patient and industrious in attempting to obtain it by fair and peaceable means. Away with your milk and w^ater regulations. If the sub- ject be considered merely as a commercial one, the reso- lutions go too far, and attempt too much ; but as a hos- tile measure, they fall infinitely short of the mark, and do too little." It may seem strange that both the Northern and Southern States should, on this question of protecting navigation and manufactures, have maintained principles directly opposite to those which they have subsequently supported, as well as opposite to their respective inte- rests, and when those interests were as distinctly seen as at any time since : but a main object of the resolutions being to retaliate on Great Britain and to benefit France, on which points the two great divisions of the country were directly opposed and were equally warm, they were both, in support of their feelings of preference for one nation and hostility to the other, willing to make a sacri- fice of their interests. The South was content to pay dearer for manufactures, as well as for the carriage of their produce to foreign markets, and the North to forego the benefits to their navigation and rising manufactures which would result from the exclusion of British compe- tition. Pecuniary interests often present but a feeble ' Mr. Tracy, of Connecticut. 1794.] POLICY OF A NAYT. 539 resistance to popular sjrmpathy, and none at all to popu- lar antipathy. The resentment against Great Britain was much in- creased during this debate, by the intelligence of the new order in council of the sixth of November, which has been mentioned, and which was not promulgated in England until some weeks after it issued. Under this order many American vessels were seized, sent into British ports, and their cargoes condemned in the vice- admiralty courts. This order, which inflamed the feel- ings of the Republican or Anti-Anglican party to the highest pitch, was also not without its effect on their opponents. They regarded it as evidence that Great Britain had decided on war with the United States, and they were, moreover, with all their good-will towards Great Britain in her present contest with France, not dis- posed to submit to such a flagrant violation of neutral rights. They accordingly set about preparing for the unwelcome result which seemed so probable. This debate was protracted to the third of February, when the question having been taken on the first resolu- tion, it was carried by a majority of five. The subject was then postponed to the first Monday in March. The policy of establishing a permanent navy was the next important subject of discussion in the House of Eepresentatives. Early in January, the Naval Committee had recom- mended this policy. The force proposed was six frigates four of forty-four guns, and two of thirty-six guns. The Algerines, before January, were known ..to have taken eleven American vessels, and to have made captives of more than one hundred American citizens. This measure was opposed by the Republican party as 540 POLICY OF A NAVY. [CHAF. VII. zealously and unanimously as Madison's resolutions had been opposed by the Federalists. As a means of protecting commerce, it was pronounced to be altogether insufficient. The proposed force was inadequate, and it could not be immediately used. Be- sides, the object could be effected by other means less expensive. A peace with Algiers might be procured by money, which nations having a much stronger navy than we proposed, had not hesitated to pay. Another mode suggested was to purchase the protection of foreign powers. This would be less expensive than a navy, and its effect would be immediate. But the measure, it was said, might be regarded as laying the foundation for a permanent navy. This policy was utterly inconsistent with the payment of the public debt. To the great extent ,of the British navy was ascribed the oppressions under which the English people groaned. By a like cause the French monarchy had been overthrown, and that of Great Britain threatened. It was part of the system of governing by means of debts, which was pronounced the most refined system of tyranny. It had succeeded to the old system of feudal tenures. Its purpose was to devise objects of expense, and to draw as much money as possible from the pockets of the people. Another objection to a navy was, it would prove a hos- tage for their good behavior, and would thus rather increase than lessen their dependence on other countries. In reply, it was insisted that no peace could be pur- chased of the Algerines unless the offer was accompanied by some manifestation of naval force. Without this, they had shown that they would sell no peace at a price which we should be willing to give. They would be more likely to take this ground now when her cruisers were no longer confined by a Portuguese squadron, and 1794.] POLICY OP A NAVY. 641 ■when they saw that we could not incur the expense of a small armament. They said they were willing to nego- tiate for a peace with Algiers by purchasing it, but that some naval force was necessary to ensure success to the negotiation. To seek the protection of other nations would be dis- honorable. Nor was this all. If the nations applied to are at peace with Algiers, they could not be expected to go to war for any indemnity we could offer. If already at war, they would, for their own sakes, check the depre- dations of their enemies. Such a defence, too, would be precarious, as our protectors might purchase peace at any time, and leave our commerce defenceless. With a navy of their own, the United States might co-operate with a foreign power to great advantage. From the information obtained, the force proposed was sufficient. But if not thought to be so, why, they asked, was not an increase of force recommended ? As to the expense of a navy, the saving in insurance, ships, and cargoes, and in the ransom of seamen, was more than enough to outweigh it. But the slavery of our citizens, and the national disgrace it involves, are not to be estimated. Who, after learning the sufferings of the captives, can sit down to cold calculations of the cost of affording them relief? In answer to the objections to a permanent navy, it was urged that the bill provided for the discontinuance of the armament when peace should be concluded with Algiers ; and further, that the United States were pecu- liarly fitted for a navy. They abounded in all the requi- site materials, and that the dispositions and habits of a large portion of their citizens made the protection afforded by a navy necessary. It was strange that those who looked to the extension of American navigation as a 542 EMBARGO LAID. [CHAP. VII. means of national defence, and were even Avilling to engage in a commercial war with Great Britain on this account, should be so opposed to a naval defence under any circumstances. The resolution was carried by a majority of only two votes ; but in its progress it gained strength, and finally passed by eleven votes. There was, however, an appro- priation of a million of dollars to purchase peace with Algiers, and in the event of success in that purpose, the naval armament was to be suspended. This species of national defence, though then and sub- sequently so earnestly opposed by the Republican or Democratic party, is decidedly the cheapest and safest, atid has since fought its way into popularity with the American people. On the twelfth of March, Mr. Sedgwick, of Massachu- setts, a Federalist, moved to raise a military force, and to lay an embargo, to last forty days, at the discretion of the President. Before there was any decision concerning the embargo, Mr. Madison's resolutions were again taken up. Mr. Nicholas, of Virginia, moved an amendment by which the manufactures of Great Britain alone were to be sub- jected to an increased rate of duties. A decision was postponed by a small majority, on the ground of the increased probability of war, and the importance of united counsels in that event. The embargo, after having been negatived by a majority of two votes, was subsequently laid, to continue for thirty days. A bill was also passed for fortifying certain ports and harbors, and a plan was reported for organizing eighty thousand militia ; as well as for raising a corps of artil- lerists and engineers, and a provisional army of twenty- five thousand men. The belief that Great Britain also 1794. RETALIATORY MEASURES PROPOSED. 543 expected war with the United States was confirmed by the speech of the Governor of Canada, Lord Dorchester, to an Assembly of deputies from numerous Indian tribes, in which he asserted the probability of a war with the United States.' It further appeared that Governor Sim- coe had built a fort at the Rapids of the Maumee, within the limits of the United States. On the twenty-seventh of March, Mr. Dayton, of New Jersey, offered a resolution for sequestering all debts due to British subjects, as a fund to indemnify citizens of the United States for the unlawful depredations of British cruisers. This resolution caused a vehement explosion of resent- ment against Great Britain on the part of the Republic- ans ; but before any vote was taken on the question, Mr. Clarke, of New Jersey, offered a resolution to prohibit all intercourse with Great Britain, until she made full com- pensation to the citizens of the United States for injuries done by her armed vessels, and until the Western posts were delivered up. While these subjects were pending, the President sent a message to Congress informing it that, by a despatch from Mr. Pinckney, American Minister at London, the order in council of the sixth of November preceding had been revoked in January ; and in lieu of it, that another had been issued directing the British cruisers to bring in those vessels which were laden with the produce of French colonies, and were on a voyage from those colo- nies to Europe. He also stated that the Courts of Vice- ' Judge Marshall says that the account of this speech was not authen- tic. In this he was mistaken. It is reported on authority in the Annual Register for 1795, page 251. Its authenticity is expressly admitted by Hammond. — II. State Papers, page 60. See correspondence of Ran- dolph and Hammond, II. State Papers, page 59. 544 MISSION TO ENGLAND. [CHAP.VII. admiralty had given to the November order an interpre- tation that had not been intended. The objects of that order had been to prevent the abuses which might take place in consequence of the whole of the St. Domingo fleet having gone to the United States; and also on account of the meditated attacks upon the French West India Islands. It was expected that no vessel would be condemned under that order which would not have been liable to condemnation without it.' This intelligence restored the Federal party to their original feelings in favor of Great Britain. They thence- forth opposed all measures of an irritating tendency — acquiescing, however, in those which aimed to put the country in a state of defence. Their Republican opponents did not press a decision of their scheme of commercial retaliation, from the hope, probably, that the British Ministry would forbear their maritime aggressions when they saw that war would be the certain alternative. They accordingly made no oppo- sition to the appointment of a special envoy, as was urged by the friends of the administration. A mission to England was then determined on, and Mr. Jay, the Chief -Justice of the Supreme Court, was selected for that appointment. This selection, however, furnished a new theme of complaint on the part of the opposition ; not merely because it would have a tendency to make politicians of judges — a class of men in whom calm, unbiassed tempers are of the first importance, but because also it was against the spirit of the Constitution, which aimed to make them independent of the other departments, and this object would be but half obtained, if, while they were exempted from all fear of the loss or diminution of their salaries, they were left accessible to ' II. State Papers, piige 7. 1794.] PARTIES IN THE UNITED STATES. 545 the influence of Executive favor, and the hope of lucra- tive appointments. But each party seemed disposed to await the result of the negotiation before it renewed the contest. The non-intercourse bill, however, passed the House of Eepresentatives, but was lost in the Senate by the casting vote of the Vice-President. At this moment, when the hostility of the American people to Great Britain had been aggravated by their resentment of her recent wrongs on the ocean, their enthusiasm in favor of France and her revolution was at its height. Her wildest excesses, her horrible butcheries, without discrimination of age or sex, her puerile inno- vations — all found apologists, admirers, and some of them imitators in the United States. In this state of the public mind towards these nations, it seemed improbable that the country could be prevented from rushing head- long into a war with a nation which was its best customer in peace, and most able to injure it in war ; and when it must necessarily lose the large profits it still derived from commerce, lessened even as those profits were by the abuses of the British naval power. The party who,, being unfriendly to France and her revolution, clearly saw the ruinous consequences of a war with Great Britain, added to the real evils of such a war the imaginary one that France would obtain an ascend- ency in this country, and here re-enact the same bloody enormities which an ignorant and infuriated rabble had there perpetrated against their former masters. A grand jury in Philadelphia having refused to find a bill of indictment against Duplaine, the French consul, for forcibly rescuing an armed vessel which had been seized for violating the duties of belligerents, accord- ing to the rules which had been prescribed by the Execu- tive, and the subject having been mentioned by the Pre- voL. I. — 35 546 CAERIAGE TAX. [CHAP. VII. sident in tlie Senate, a bill was brought in to prevent cer- tain crimes against the United States. It punished par- ticular acts which were inconsistent with the neutrality of the country, with fine and imprisonment; and it prohibited the condemnation and sale of prizes made from those nations with whom they were at peace. This bill would have been defeated, if repeated motions, made with that view, had not been lost by the vote of the Vice-President. The Republican party had a majority in the Senate of a single member, but the seat of Mr. Gallatin from Penn- sylvania, one of that majority, having been contested, and set aside on the ground that he had not been a citi- zen as long as the Constitution required, the two parties were exactly balanced. Inquiries were again instituted at this session respect- ing the Treasury department, with the view of impli- cating the Secretary ; but these resulted in an entire jus- tification of that officer. His political principles, sup- ported as they were by his acknowledged talents, and a numerous body of zealous friends, made him an object of unceasing dread and suspicion to the leaders of the Republican party. It had been whispered that General Washington was inclined to nominate him on the special mission to England, and the rumor excited so much alarm among his political opponents, that the President received two letters in opposition to the appointment, one of them from Mr. Monroe, then a Senator from Vir- ginia. In yielding to this opposition, the selection he made seems liable to yet stronger objections. The increased expenses of the Government requiring an addition to the revenue, a tax on pleasure-carriages was among the expedients suggested. This was opposed on the ground that it was a direct tax, and consequently^ 1794.] COMPLAINTS BY THE BRITISH MINISTKR. 547 the Constitution required that it should be apportioned among the States according to their population. The question was litigated in Virginia, and on an appeal, the Supreme Court affirmed the first decision that the tax was not a direct one, under the meaning of the Consti- tution. On the fourth of June, the President communicated to Congress the reply of the Secretary.of State to the British Minister's letter of the twenty-second of May. Referring to Mr. Hammond's admission of the authen- ticity of Lord Dorchester's speech to the Indians, Mr. Randolph says that Hammond, not denying that Lord Dorchester had encouraged the hostile dispositions of the Indians towards the United States, insists that the aggressions had been principally from the States. These charges he examines in detail. First. The alleged trespasses of the people of Vermont. He says that (as Hammond had been already assured by Mr. Jefferson) the United States had determined to repress the acts complained of, and that instructions had been given accordingly :' that, from the seventh of July, 1792, to the tenth of March, 1794, no complaint of this character had been heard of; nor was it until after Lord Dorchester's speech that this remonstrance was renewed. Second. The fitting out two privateers iri South Caro- lina. This transaction probably occurred at the begin- ning of the war, and before that occurrence was commu- nicated to the United States. Mr. Hammond had been previously informed that the Government had taken measures to prevent a repetition of the acts com- plained of Third. Captures made by French privateers before June 1793. The American Government was justified 548 AN-swEK TO Hammond's complaint, [chap. vii. • in not undertaking to restore the property, but it does not decide on the validity of the capture. Fourth. The cases of the privateers Le Petit Demo- crat and La Carmagnole. It is probable that their inactivity was caused by the intervention of the Govern- ment. Fifth. The sale of prizes made by French cruisers in the United States. The law of nations on this question is doubtful. The President proposes to bring it to the notice of Congress. Sixth. French vessels have been permitted to leave the United States, notwithstanding the embargo. This fact is denied. Some special passports had been granted, and one to Mr. Hammond himself; several to the British dominions — twenty-six in all. Seventh. The unfriendly treatment received by British officers in the United States. In the only cases made known to the Government, proper measures were promptly adopted. Eighth. The events at Newport, in Rhode Island. The Secretary sends to the Minister a detail of the pro- ceedings on that occasion. Ninth. Mr. Randolph insists, in conclusion, that Gov- ernor Simcoe's expedition was without justifiable pretext. The British fort of Detroit, being within the United States, can furnish no reason for another fort still further within their limits. As Gouverneur Morris was believed in France to have been unfriendly to the revolution ; and, in his sympathy for the Court party, to have rendered active service to Louis the Sixteenth, his recall was requested by the French Government. Upon which the President ap- pointed as his successor, James Monroe, known to be 1794.] ACCOUNTS WITH THE STATES ADJUSTED. 549 well affected to France, aud the recent change in her government. Genet was succeeded by Pauchet, who, not deficient in zeal for France and for republicanism, was never, like his predecessor, betrayed by it into any indecorum towards the American Government. One of his first ofl&cial acts was to ask for the advance of part of the debt due from the United States to France, which was wanted for St. Domingo; but the subject having been referred to the Secretary of the Treasury, he reported that the whole amount due to France, or near it, had been already paid. During this session the settlement of the debts of the several States with the United States was brought to a close ; when it appeared that the sum of three millions five hundred and seventeen thousand five hundred and four dollars was due to the seven States of New Hamp- shire, Massachusetts, Connecticut, Rhode Island, New Jersey, South Carolina, and Georgia, from the other six States. It afforded a cause of party triumph to those who had opposed the assumption, when it was shown that if the United States had waited to assume the State debts till the accounts had been finally settled, the very same result would have been effected, and the individual States have been placed in the same relative situation in which they now stand, by assuming eleven millions of dollars instead of twenty-two millions.' As a part of the debts^ due from the States was con- fessedly not expended for the war, or in the common * Gallatin on Finances, page 107. The additional public debt created by that improvident scheme of finance was ten millions eight hundred and eighty three thousand six hundred and twenty-eight dollars. 550 COHrSEQUENCES OF THE ASSUMPTION. [CHAP. VII. cause of all, but for expenses which had, in other States, been defrayed by taxes levied on the people of those States, the assumption was an injustice to those last mentioned States ; aiid it was unwise, on the score of policy, since the States most in debt were also the prin- cipal creditor States, and the balances due from them could have been more easily paid by them than the whole amount assumed could be paid by the General government ; since it was thus compelled to resort to a course of taxation which was at once burdensome and unpopular, and which, by favoring the suspicion that the Federal party wished to afford more field for speculation, and to increase the public debt, gave more strength to the enemies of the government than to its friends. But in the steadily augmenting resources of the country by reason of its natural growth, and the gains derived from its neutral commerce, this financial error was soon for- gotten, and at the present time, when a single State owes nine or ten times as much as the debts then due from Massachusetts or South Carolina, the whole amount of injustice and inconvenience caused by the assumption are regarded as one looks back on the petty sorrows and distresses of his childhood. The session ended on the ninth day of June, and the third day of November was appointed for the next meet- ing of Congress. The nation and the government now had the satisfac- tion to hear of General Wayne's success against the Indians on the Maumee River,' in what is now the State of Ohio. This force amounted to two thousand warriors, and Wayne's consisted of nearly that number of regulars, ' This river is sometimes called, in the histories of the day, the Miami of the Lakes, to distinguish it from the river of the same name which empties into tEe Ohio. 1794.] WAYNE DEFEATS THE INDIANS. 551 and about eleven hundred mounted volunteers from Kentucky. The Indians were strongly posted behind a thick wood near the fort recently built by the British, and were defended from the attack of the mounted vol- unteers by the trees with which a late hurricane had covered the ground. Wayne had formed his Kentucky legion into two lines, but so impetuous was the attack of the first line, that the Indians were routed and dispersed before many of the second line could take part in the action. Wayne's loss, in killed and wounded, was one hundred and seven raen ; that of the Indians was esti- mated at twice that number. After this victory, the whole Indian country in the North-west was laid waste, and forts were erected by Wayne to prevent the future hostilities of the savages. Under the belief that the Indians had been stimulated by the British, the houses and corn-fields round their fort, even to its verge, had been destroyed, including those of an English trader, known to have great influence with those people, which gave rise to an angry correspondence between the Commander of the fort and General Wayne. This success, and the decisive measures which fol- lowed it, prevented a general war with the Indians north-west of the Ohio, and produced a salutary effect on the Southern tribes within the limits of Georgia. In the course of this summer an open resistance to the law caused pain and mortification to every patriotic American, whether he thought the complaints of a por- tion of the people against the Government were well or ill-founded. In every part of the United States except Pennsylvar nia and in by far the larger number of the counties of that State, the officers of the Federal Government had been able to carry the excise law, unpopular as it gene- 552 RESISTANCE TO THE EXCISE LAW. [CHAP. VII. rally was, into execution; but resistance having been made in a few of the western counties, and their defiance of law increasing with the forbearance of the Government in that State, prosecutions had been ordered against the offenders. In July, the Marshal of the District, Lenox, who was serving the process, and General Neville, the Inspector, were attacked by a body of armed men, and compelled to desist from the execution of their ofl&cial duties. The next day, a much larger number, amounting to five hundred men, assembled, and endeavored to seize the person of General Neville. Failing in that, they exacted a promise from the Marshal that he would serve no more process on the west side of the AUeghany ; and attacking the Inspector's house, they set fire to it, and destroyed it with its contents. On this occasion, the leader of the assailants was killed, and several of them wounded. Both the Inspector and Marshal were required to resign ; but they refused, and sought safety in flight. A meeting was held a few days later, at Mingo Creek meeting-house, which recommended to all the townships in the four western counties of Pennsylvania, and the neighboring counties of Virginia, to meet, by their dele- gates, at Parkinson's ferry, on the Monongahela, on the fourteenth of August, "to take into consideration the situation of the western country." Three days after this meeting, a party of the malcon- tents seized the mail, carried it to Canonsburg, seven miles distant, and there opened the letters from Pitts- burg to Philadelphia, to discover who were hostile to them. They then addressed a circular letter to the offi- cers of the -^vlitia in the disaffected counties, informing them of the intercepted letters, and calling on them to rendezvous at Braddock's Field on the first of August, 1794.] PROCEEDINGS OF THE MALCONTENTS. 553 with arms in good order, and four days' provision. " Here," they said, " was an expedition in which they would have an opportunity of displaying their military talents, and of rendering service to their country." This circular was signed by seven persons, but the prime mover was David Bradford, a lawyer, who was the prose- cuting attorney of Washington County. In consequence of this summons, a large body of men, which has been estimated at from five to seven thousand, assembled at Braddock's Field on the day appointed. Many of them were prepared, both by arms and inclina- tion, for action ; but some also were naen of respectar bility, who attended for the purpose of preventing mis- chief Bradford took upon himself the military command, which was readily yielded to him ; and by his denunciar tion of " traitors and cowards," stimulated the violent, and awed the more moderate into silence. At a council of the principal officers, it was decided to choose a committee of three persons from each regiment to deliberate on their future course. The committee accordingly assembled, and having appointed Edward Cook their chairman, Bradford proposed the expulsion firom Pittsburg of several persons whose hostility had been discovered by the letters they had intercepted ; but his motion was carried only as to two persons, Gib- son and Neville, son of the Inspector. They then decided to proceed to Pittsburg. Some assented to this, to pre- vent the mischief which others meditated. But for this, and the liberal refreshments furnished by the people of Pittsburg, it was thought that the town would have been burnt. At night, however, the bam of Kirkpatrick, an obnoxious citizen, was set on fire, after which the rioters dispersed. Judge Wilson, an Associate Justice of the Supreme 554 MILITIA ORDERED OTTT. [CHAP. VII. Court of the United States, having certified that in the Counties of Washington and Alleghany, in Pennsylvania, the laws of the United States were obstructed " by com- binations too powerful to be suppressed by the ordinary course of judicial proceedings" — a preliminary step required by the act of Congress in such cases — the Presi- dent issued a proclamation reciting the acts of treason, commanding the insurgents to disperse, and warning others against abetting them. He, at the same time, wishing to try lenient measures, appointed three Commis- sioners' to repair to the scene of the insurrection, to con- fer with the insurgents, and to offer them pardon on con- dition of a satisfactory assurance of their future obedience to the laws. Before the President decided on this course of forbear- ance, the policy of calling out the militia had been dis- cussed in the Cabinet. Messrs. Hamilton, Knox, and Bradford, as soon as the violent proceedings against the Marshal and Inspector were known, thought that course should be adopted without delay. Mr. Randolph was opposed to it, as likely to inflame opposition, and unite the people of the State. Governor MiflElin, who was con- sulted, inclined to the same opinion. The President, not entirely concurring in the views of either party, made requisitions of twelve thousand, subsequently raised to fifteen thousand militia of the States of New Jersey, Pennsylvania, Maryland, and Virginia, but, content with requiring them to be held in feadiness, he did not at once order them into the field. Governor Mifiiin followed the example of the Presi- dent in appointing Commissioners to confer with the ' Theae were James Ross of Pittsburg, one of the Senators from Pennsylvania, Mr. Bradford, the Attorney-General, and Jasper Grates, a Judge of the Supreme Court of the same State. 1794.] PROCEEDINGS OF THE MALCONTENTS. 555 insurgents, with power to grant pardons, and he issued an admonitory proclamation, after which he convened the Legislature to meet on the third of November. The Federal and the State Commissioners reached the insurgent district while the convention at Parkinson's ferry was in session. It assembled on the fourteenth of August, and consisted of two hundred and twenty-six delegates,' all from the western counties of Pennsylvania, except six from Ohio County in Virginia. They appointed Cook their Chairman, and Albert Gallatin, Secretary, though he at first declined the appointment. After some discussion, in which a part of them manifested a disposi- tion to carry out their original purpose of resistance to the excise laws, they adopted four resolutions : first, against taking citizens out of the vicinage for trial; second, appointing a standing committee of sixty to ask of Congress a change of the excise law, and to make a state- ment of their proceedings ; third, recommending submis- sion to the laws of the several States, and a respect for the persons and property of individuals ; fourth, appoint- ing a sub-committee of fifteen to meet the Government Commissioners, and to report their proceedings. The resolutions were adopted by all, except Bradford, who favored a more violent course, and the meeting adjourned. The sub-committee of fifteen met the public Commis- sioners some days later, at Pittsburg, and all of them, except one, were favorable to a conciliatory course. The ' There were from Alleghany County 43 deputies. Washington " .. 93 « Bedford " 2 " Fayette « 33 « Westmoreland" 49 « Ohio " in Virginia 6 " Total 226 « 656 PEOCEEDIN-GS OF THE INSURGENTS. [CHAP. VH. Commissioners required of the committee of sixty an explicit assurance of submission to the laws ; a recom- mendation to their associates of a like submission ; and meetings of the citizens to be held to confirm these assur- ances. All public prosecutions were to be suspended until the following July, when, if there had been no viola- tion of the law in the interval, there should be a general amnesty. These terms were deemed reasonable by the sub-committee : but before the meeting of sixty took place, a body of armed men entered Brownsville, the place appointed for the meeting, and so alarmed the friends of accommodation, that they seemed to be driven from their purpose. Gallatin, however, was an excep- tion ; and the next day, he addressed the committee of sixty in favor of acceding to the proposals of the Com- missioners ; but nothing more could be effected than to pass a resolution that it would be to the interest of the people to accept those terms, without any promise or pledge of submission. After appointing a new committee of conference, the meeting adjourned.^ The new committee required further time till the tenth of October, which the Commissioners deemed themselves unauthorised to grant. They required meet- ings in all the townships, in which the sense of the people should be taken. Meetings were accordingly held in some of the town- ships, but they failed to procure, the required pledges; and, in some, the proceedings were violent and disor- derly. On the whole, it was the opinion of the well-dis- posed part of the population, that the inspection laws could not be executed in that part of the State ; and that the interposition of the militia was indispensable. * The Commissioners returned to Philadelphia, and on ' See Findley's and Breckenridge's Tracts on the insurrection. 1794.] SUBMISSION- BY THE INSURGENTS. 557 their report the President issued a second proclamation, on the twenty-fifth of September, in which he announced the march of the miUtia, and again commanded obedience to the laws. The order requiring the militia to march was promptly obeyed in all the States except Pennsylvania, in which some pleaded defects in the militia law ; but even in that State, after the Legislature met, the Governor was authorised to accept the services of volunteers. This aid he then, by a tour through the eastern counties, and his own personal exertions, was soon able to obtain. The militia of New Jersey and Pennsylvania were required to rendezvous at Bedford, and those of Maryland and Virginia at Cumberland. They were commanded by the Governors of their respective States, and the whole force was placed under the command of Governor Henry Lee, of Virginia. The news that the militia were on the march increased the numbers of the moderate party. The standing com- mittee of sixty met at Brownsville on the twenty-eighth of August ; Cook the Chairman, and Gallatin the Secre- tary. The sub-committee offered a report, which recom- mended submission. It was ably and zealously supported by Gallatin ; and also by Breckenridge, who had, in aim- ing to conciliate both parties, in some measure lost the confidence of both. With a view of obtaining better terms from the Com- missioners, another committee of twelve was appointed ; but nothing decisive took place, and the Commissioners left the County. It is not unworthy of notice that Brad- ford, who was foremost in urging resistance to the law, was the first to seek safety in flight. He sought refuge in New Orleans. A second convention was called to meet at Parkinson's 558 CONDITIONAL AMNESTY GRANTED. [CHAP. YH. ferry on the second of October. A resolution of submis- sion was passed, and a committee of two was appointed to convey it to the President at Carlisle. They were Findley, a member of Congress, and Eeddick. The President received these gentlemen courteously, but did not feel himself justified, from their representa- tions, in stopping the march of the troops. On the return of the committee, the Parkinson ferry convention met for the third time, and resolutions were passed, declaring the suflSciency of the civil authorities to execute the laws ; affirming that the excise duties would be paid, and recommending all delinquents to surrender themselves. A committee of four was appointed to wait on the President — the two former Commissioners and two others. Meanwhile, the President had returned to Philadel- phia to prepare for the meeting of Congress, and Hamil- ton, who had remained behind, received the committee. Lee, then, as Commander-in-chief, issued a proclamation granting an amnesty to all who had submitted to the laws ; and calling upon the inhabitants to take the oath of allegiance to the United States. Orders were issued and executed to seize those offenders who had not signed the declaration of submission, and send them to Philadel- phia ; and thus was this purpose of resisting the execu- tion of the excise law completely defeated, and entire order restored in less than four months from the time of the burning of Neville's house, which was the first overt act of resistance. It was, however, deemed prudent to retain a force of two thousand five hundred militia during the winter^ under General Morgan, to prevent a return of that spirit of disaffection which had so long pre- vailed in Pennsylvania. The army sent to suppress the insurrection were them- 1794.] CAUSES OF INSUBORDINATION. 559 selves not free from a disposition to license and disorder, according to Findley ; and that they did not proceed to other excesses, in their desire of vengeance against the insurgents, he itaputed to the moderation of General Washington, and his resistless weight of character in the execution of his purposes. It seems to require explanation that there should have been so many instances of a spirit of insubordination in the State of Pennsylvania. There were two examples of mutiny in the troops of that State during the Revolu- tion, and two popular insurrections growing out of the excise laws. The cause is probably to be referred to the large proportion of foreigners in that State — ^mostly Irish and Germans — who, accustomed to the severe restraints of law in their native country, were, when released from those restraints as they are in the United States, tempted to abuse the unwonted liberty they here enjoyed. ~ With them the authority of government was viewed with some- what of the odium in which they had been reared, and not with that respect which men born to the enjoyment •of civil liberty are apt to feel. The natural effect of republican government is to temper the love of Hberty with the love of order. On the subject of the excise, the mass of the people of Pennsylvania had their minds unduly excited by a writer in the newspaper who signed himself " Tom the Tinker." He at once inflamed those who were disposed to resist the law, and intimidated those who were inclined to sub- mission, by the fear of popular hatred. Cono-ress was not organized until the nineteenth of December, for want of a quorum in the Senat». In the President's opening speech he gave a full detail of the insurrection, of the measures taken by the administration in suppressing it ; and of the motives which had dictated 560 THE president's speech. [chap. VII. them. He suggests the propriety of indemnifying the Inspector and others who had been injured in the late disturbances. He finds consolation for this political dis- affection in the proof it has afforded that the true princi- ples of government and of civil liberty are well under- stood by the citizens of the United States, and that they will ever be as ready to sustain the civil authority against Hcentious invasions of it as against usurpations : that a patriotic spirit has been equally manifested by the least, and the most wealthy classes. The attention of Congress is called to the militia laws, and some of their defects are specially noticed. A defini- tive plan for the redemption of the public debt is also earnestly recommended. Some expressions in this speech invite criticism, of which the opposition in both Houses readily availed themselves. He said that, from a belief that certain self- created societies had assumed the tone of condemning the excise laws, in allusion to the " Democratic Socie- ties," which, in imitation of the Jacobin clubs of Paris, were established in various parts of the United States ;. and, in another part of the speech, he remarked, " when they [the citizens] have retraced the origin and progress of the insurrection, let them determine whether it has not been fomented by combinations of men who, careless of consequences, and disregarding the unerring truth that those who rouse cannot always appease a civil convul- sion, have disseminated, from an ignorance or perversion of facts, suspicions, jealousies, and accusations of the whole Government." In the. Senate, an answer to the speech having been prepared by a committee, on the following day Mr. Burr of New York, seconded by Mr. Jackson of Georgia, moved to expunge the following passage : 1794.] SELF-CREATED SOCIETIES. 561 " Our anxiety, arising from the licentious and open resistance to the laws in the western counties of Penn- sylvania, has been increased by the proceedings of certain self-created societies, relative to the laws and administra- tion of the Governnient ; proceedings, in our apprehen- sion, founded on political error; calculated, if not in- tended, to disorganize our Government, and which, by inspiring delusive hopes of support, have been influen- tial in misleading our fellow-citizens in the scene of in- surrection." But the - motion was negatived, and the * reported answer adopted. In the present day it may seem strange that the pro- ceedings and publications of a few voluntary associations should have been worthy of notice to the Legislature, or that the President should conceive that he had a right thus to denounce any portion of his fellow-citizens for exercising their right of speaking or printing, even though they had, in his opinion, greatly abused that right ; and still more strange, perhaps, that one branch of the Legislature — that branch to which men would be most likely to look for moderation and wisdom — should have fallen into the same error. If the Democratic Societies had been actuated by the motives ascribed to them; if their publications had been attended by the mischievous consequences alleged (both of which are highly probable), it ought to have been recollected that they were amenable to no law which could be constitu- tionally passed by Congress for anything which they should speak or write.' It seemed, therefore, not accord- ant with dignity or propriety to notice publications to a Legislature which had no power of punishing them; and ■ First amendment to the Constitution. VOL I. — 36 562 PARTY DISCUSSIONS. [CHAP. VII. supposing their attacks on the ' administration to have been false or unwarranted, the proper course towards them was to bring them before the same forum to which they themselves had appealed. The power and autho- rity of the Government is here to be exerted only against the violations of law. The two parties being nearly balanced in the House, their contest for the ascendency generally, and on the subject of the Democratic Societies in particular, was vehement and obstinate. In this state of things, insignificant questions acquired an undue and unwonted importance. Thus, the Presi- dent having spoken of his " policy, in foreign transac- tions, to cultivate peace with all the world, to observe treaties with pure and absolute faith, to check every deviation from the line of impartiality," Mr. Madison, who had prepared the reply of the House, proposed the following amendment : " Solicitous also, as we are, for the preservation of peace with all nations, we cannot otherwise than warmly approve of a policy in our foreign transactions which never loses sight of that blessing." But the Federal party insisted that the words "a policy," instead of " your policy," was an implied censure on the President. The alteration was opposed by Mr. Madison ; but after a discussion of the question by both parties, he put an end to the debate, on the suggestion of a member, by withdrawing his amendment. Mr. Fitzsimmons proposed, as an amendment to the answer to the President's speech reported by the commit- tee, a censure on "the self-created societies, which, by deceiving and inflaming the ignorant and weak, may be naturally supposed to have stimulated the insurrection." Mr. Giles, in his reply, opposed the amendment ; and, 1794.] SELF-CREATED SOCIETIES. 563 after expressing his high respect for the President, and entire confidence in him, he objected to the sweeping censure on self-created societies, remarking that there was scarce a man in the United States who did not belong to some self-created society : that the term would apply to the Methodists, Baptists, Friends, and other sects : that the Republican Society of Baltimore were among the first who marched against the insurgents; and that some of the Democrats of Philadelphia had done the same thing. In answer to the remark, that as these Societies had censured the administration, the Legislature might justifiably in turn censure the Societies, he denied that as legislators they had any right to censure, but only in their private capacity. This amendment, after having been warmly debated by Messrs. Lyman, M-'Dowell, and Nicholas, in its favor, and by Messrs. Smith, Tracy, Dayton, and Murray, was the next day withdrawn by its mover, Mr. Fitzsimmons. The debate was, however, renewed,, and continued for three days, during which the ablest members of the House took part — Messrs. Madison, Giles, Nicholas, and Baldwin against the insertion of the obnoxious words ; and Messrs. Hillhouse, Sedgwick, Boudinot, Dexter, Scott, and Ames, in favor of it. Mr. Scott, who lived in the western part of Pennsylva- nia, bore testimony to the mischievous influence of the Democratic Societies; and Mr. Ames greatly distinguished himself by his eloquent denunciations of those societies, founded on a reference to their intemperate doctrines and proceedings in various parts of the United States. Several successive amendments were made, and the contest of the two parties seemed to hinge upon the intro- duction of the words " self-created societies," which were alternately adopted and rejected. At length, on the 564 THANKS TO 'WATNE AND OTHERS. [CHAP.Vn. twenty-eighth, they were struck out of the response to the speech, and the following passage was adopted : " We learn, with the greatest concern, that any mis- representations whatever of the Government and its pro- ceedings, either by individuals, or combinations of men, should have been made, and so far credited as to foment the flagrant outrage which has been committed on the laws." Prom this small triumph obtained by the opponents of the administration, the Democratic Societies appeared to derive new vigor; but after the downfall of Robes- pierre and the Jacobin Clubs in France, which took place during this year, the American Societies fell also into general disrepute, and gradually died away. It was deemed prudent to pass an act authorising the President to station a detachment of militia in the four western counties of Pennsylvania which had taken part in the insurrection. Provision was also made to indem- nify those whose property had been destroyed by the insurgents ; and an appropriation of more than a million of dollars was made to defray the expenses of quelling the insurrection. Votes of thanks to General Wayne and General Scott, and the officers and soldiers under them respectively, were objected to by several of the members, as setting a bad precedent, but were finally adopted by an unanimous vote. The thanks of the House to the militia of New Jersey, Pennsylvania, Maryland, and Virginia, who, " on the late call of the President, had rallied round the stan- dard of the laws," were also voted with the same unanimity. The redemption of the public debt was among the first of those subjects recommended by the President on which Congress acted. It was referred to a select committee, of 1794.] NEW TAXES PROPOSED. 565 which Mr. Smith, of South Carolina, was Chairman, and on the twenty-third of December the committee made their report, in which, after a review of the debt, the expenditure and resources of the nation, they recommend a continuance of the existing taxes on manufactured sugar and snuflF, on carriages, on licenses to retail liquors, and sales at auction, to continue until 1801, when the deferred debt of fifteen milUons becoming due, it would be necessary to make further provision for the debt. On the subject of a direct tax, they say that it ought not to be meddled with, but should "remain as our grand resource in case of war." This report furnished materials for the most protracted and varied debate of the session, in which its principal purpose of continuing the existirig duties was opposed by the Republican party, and supported by the Federalists. If the former obtained an advantage over their adversa- ries on the topic of the "self-created societies," that advantage was balanced, or more than balanced,l)y their course on the question of redeeming the public debt. It was likely to excite the surprise of the American people, and it did provoke the taunts of their opponents, that the very men who had upbraided the Federalists with wish, ing to perpetuate the public debt, and had accused Hamilton of so framing his system of finance as to pro- duce this result, should now, when a plan of redeeming the debt was proposed, unite in opposition to it. The objections which they made to the plan could not defend the party from the charge of inconsistency. Some urged that, to continue the small duties laid on snuff and refined sugar, would be injurious to the manufacturing interests; and others, that they would press on the class of consumers. Some insisted that it was premature to decide on the continuance of taxes which yet had two 566 DIRECT TAXES. [CHAP. VII. years to run : others again urged the insufficiency of the existing taxes, and professed themselves friends to a direct tax, though they did not venture to propose it. While those of the Republican party who engaged in the debate spoke highly in favor of direct taxes, in pre- ference to indirect, the Federalists made no other objec- tion to them than their admitted unpopularity. This requires explanation. It was, at that day, a favorite maxim with the Republicans, that direct taxes were par- ticularly suited to popular government, as they were more economical than indirect taxes, for two reasons: one was that, being inconvenient and unpalatable, they begat a vigilance in the people which would check the extrava- gance to which all governments have a proclivity : the other reason was, that taxes on consumption draw more money from the pockets of the people, because not only is the tax added to the price of the commodity, but also a profit on the tax to him who has advanced it. Both of these supposed recommendations of direct taxes, how- ever, admit of ready answers. As to the preference given to direct taxes, because they are more felt by the people, this is to incur a certain evil for the mere chance of a benefit ; and as to the supposed saving in the cost of collecting direct taxes, though that may be true in European countries, it is not true in the United States. From the vast extent of territory, and the wide dispersion of their population, the valuation of real estate is there very expensive, and these valuations, from the rapid changes which such property is ever undergoing, must be frequently, perhaps annually, made. Thus, while the cost of the impost has been less than five per cent., that of the direct tax has been about twenty- five per cent. This difference between the two species of tax has been many times any presumable addition to 1795.] TREASURY REPORT. 567 the tax by way of profit to those who advanced it, and which, moreover, is not always advanced; and from which it follows, that indirect taxes are more economical, as well as more easy to the people, than direct taxes ; and thus we see how unsafe it is to draw rules of policy from other countries without duly considering the differ- ence of circumstances. On this question, as well as that of the self-created societies, a majority of the House decided rightly ; and a bill was introduced founded on the report, which, after some disagreement of the two Houses, was finally passed. While the subject of the redemption of the debt was under discussion in the House, the Secretary of the Tresr sury sent to the Senate the official report required of him by act of Congress, in which he submitted a plan, on the basis of the existing revenues, for the further support of public credit. This report, communicated to -the Senate on the twen- tieth of January, 1795, presented copious details of what had been already done relative to the debt, under the three heads of: first, the revenues which had been established ; •second, the provisions for funding the public debt, and paying the interest; third, the provisions for reimbursing and extinguishing the debt. He shows the whole public debt, foreign and domestic, to be a little upwards of seventy-six millions of dollars, exclusive of one million four hundred thousand dollars due to the Bank, and some anticipations of the current revenue : that the annual revenue was $6,552,800 74 The annual expenditure, . . . $5,681,843 84 He then submits a number of distinct financial propo- sitions on each of which comments are made with a view to the improvement of public credit, and the redemption of the public debt. 568 NEW NATURALIZATION ACT. [CHAP. VII. This was Hamilton's last official act. He soon after sent in his resignation. It was understood that the insuf- ficiency of the salary attached to his office had compelled him to give it up, and to resume the practice of the law. He was succeeded by Ohver Wolcott, of Connecticut, who was a great admirer of Hamilton, and an honest sup- porter of his views. During the previous month. General Knox had sent in his resignation, and was succeeded by Timothy Picker- ing, of Massachusetts. The great number of immigrants who were now flock- ing to the United States inclined sober-minded men of aU parties to make the rights of American citizenship less easily obtained. The previous residence required of them was therefore extended to five years ; and the decla- ration of an intention to become a citizen was further required to be made three years before naturalization. Mr. Giles proposed that the applicant should add to the renunciation of his former allegiance, any title of nobility which he may have previously possessed. This was treated with ridicule by the Federal members, one of whom moved to add, that if the new citizen had been a- slaveholder, he should also renounce his right to hold slaves. Mr. Giles's amendment, however, prevailed by a majority of fifty-eight to thirty-two. The third of March put an end to the session, and to the third Congress. CHAPTER VIII. WASHINGTON'S ADMINISTRATION. SECOND TERM. 1795—1797. In March, the treaty negotiated by Mr. Jay, which both parties, with opposite views and feelings, had been anxiously expecting, was received; and in June the Senate was summoned to decide on its ratification. After deliberating on the subject from the eighth to the twenty- fourth of the month, precisely two-thirds of that body — the number required by the Constitution — advised its ratification, with the exception of the twelfth article, which related to the West India trade. By this article, a direct intercourse with the British West Indies was permitted to the United States under two conditions, which restricted the trade to vessels of not more than seventy tons, and prohibited the exporta- tion from the United States of the principal products of the West Indies, among which cotton was included, that commodity not being known to Mr. Jay to have been one of the exported products of the United States. On both these accounts that article was deemed inadmissible, and the ratification was consequently made subject to this exception. The Senate had, according to usage, deliberated on the treaty with closed doors, and it was understood that it was not to be promulgated until it was finally con- cluded; but 01 the twenty-ninth of June, Stephen (569> 570 THE BRITISH TREATY. [CHAP. YTII. Thompson Mason, one of the Senators from Virginia, felt himself warranted in sending a copy of it to the leading opposition paper published in Philadelphia, on which arose one general burst of popular indignation and complaint. In the temper then felt by a large portion of the American people towards Great Britain and France respectively, it is probable that no treaty could have been made which would have given general satisfaction ; but when the one which had been negotiated fell so far short of the just claims of the United States — when it conceded so much and obtained so little, the popular clamor and discontent were proportionally loud and vehe- ment. Meetings were held in all the cities of the Union, and in many other places, to denounce it as an abandon- ment of the nation's dearest rights ; and the press, second- ing these expressions of popular indignation, reviled the treaty, and redoubled its censures on the appointment of Mr. Jay as its negotiator. After this first tempest of opposition had somewhat subsided, less numerous meet- ings were also got up by the friends of the treaty, and it was defended in pamphlets and the periodical press with zeal and ability. Mr. Hamilton was the author of a very full and ingenious vindication of it,' and public expecta- tion was on tiptoe to see whether the President, who had suspended his decision till after his return from a visit to Mount Vernon, would finally give it also his sanction. The treaty professed to have the three-fold purpose of settling the existing disputes between the two countries, both recent and ancient ; to determine some points of national law, particularly on the relative rights of bel- ligerents and neutrals ; and to regulate the future com- ' Under the signature of Gamillus, in answer to a series of papers signed Decius, and written by Brockholst Livingston. 1795.] THE BRITISH TREATY. 571 mercial and other important relations between the two countries. With a view to the first object, provision was made for ascertaining the boundary lines both on the north-east and the north-west. Great Britain agreed to surrender the military posts which she still held within the United States, reserving certain rights to British settlers near them, and to pay American citizens for recent illegal cap- tures on the high seas, whenever compensation could not be obtained in the regular course of judicial proceedings. The United States, on their part, agreed to compensate British creditors for all damages sustained by them in the recovery of their debts, from legal impediments, and to pay for all captures of British property within the juris- diction of the United States. These several provisions were to be executed by three mixed commissions. Under the second head, it was stipulated that neutral vessels, having contraband articles on board, should be carried to the most convenient port ; should not be liable to confiscation, on entering a blockaded port without pre- vious notice ; that provisions, when, by the modern law of nations, they became contraband, should be paid for, and the neutral be indemnified for detention; neutral property, found in a besieged place, to be restored ; com- manders of privateers to be responsible for damages done to neutrals, for which purpose they should be required to give bond and security. In behalf of the belligerents, it was stipulated that every article used in the equipment of vessels, except fir planks and unwrought iron, should be deemed contra- band • ships-of-war of one nation to be entitled to hos- pitable reception in the ports of the other ; all prizes to have free admission into the ports of either nation, with- out examination, fee, or detention ; the citizens or sub- fc- 572 THE BRITISH TREATY. [CHAP.VIII. jects of one nation not to engage in hostilities against the other. Privateers of a third party not to arm or to sell their prizes in the ports of either, nor, when they had made prizes on the other, to receive shelter, except from stress of weather ; the neutral to permit no property to be captured within his jurisdiction. In case of war, there should be no confiscation of private property ; the mer- chants of one nation, residing within the territories of the other, might, under certain conditions, continue to reside there ; and reprisals were never to be made with- out a demand of satisfaction, and proof of injury. Under the third head the parties agreed to permit a free trade and intercourse, on either side of their com- mon boundary (the limits of the Hudson's Bay Company excepted), and to the Indians within their respective limits ; the mutual navigation of their inland waters was permitted, with the following exceptions : American ves- sels were not to enter any British seaport, or any river helcno the highest port of entry (with a single unimportant exception), and British vessels were not to enter any river of the United States above the highest port of entry, except that every port and place on the Mississippi should be open to both parties. Between the British territories in Europe and all the territories of the United States, the terms of commercial intercourse were entirely reciprocal, with the exception of the twelfth article above mentioned. Each party was admitted into the ports of the other on the same terms as the most favored nation, both as to duties and prohi- bitions; and the United States were restricted from increasing their discriminating duties in favor of Ameri- can vessels ; and to Great Britain was reserved the right of countervaiUng those which then existed. A trade to the British settlements in India, in articles 1795.] OBJECTIONS TO THE TREATY. 573 not prohibited, was also permitted to American vessels on their paying the same tonnage duties and charges as British vessels; but the United States agreed to carry the products of those settlements only to their own ports. They were not to engage in the coasting trade, and their citizens were not to reside in those settlements. Provision was made for the appointment of consuls by both parties, and for the surrender of persons charged with murder or forgery. The twenty-first article prohibited the citizens and subjects of either party from accepting commissions, or engaging in hostilities against the other. The articles concerning boundary, interior commerce, and confiscation, were made perpetual. The other arti- cles were limited to twelve years, or to two years after the termination of the present war, at the option of either party. In this treaty, now that the passions and prejudices of the time have passed away, it must be admitted that the advantage of a stronger power, in its negotiations with a weaker, were very strikingly exhibited. Thus, while British creditors were indemnified for the losses sustained in consequence of legal impediments, no compensation was made either for the negroes carried off by the British, contrary to the treaty of peace, nor for the detention of the western posts. The navigation of the Mississippi was conceded to the British by the treaty of 1783, on the ground that as a part of their territory in North America touched that river they had a right to an outlet to the ocean ; and that right was now renewed when it was beheved that their dominions nowhere touched that river. But the navigation of the St. Lawrence was not granted to the 574 OBJECTIONS TO THE TREATY. [CHAP. VIII. United States, though, the natural outlet to the whole north-western frontier of New York. By the third article, which gave to both parties a mutual right of inland navigation, American vessels were not allowed to enter anj port or river below the highest port of entry (except between Montreal and Quebec), while British vessels had not a correspondent exclusion from American rivers. The special exclusion of British vessels from any place above the highest port of entry was altogether nugatory. By extending the list of contraband articles, Great Britain, as a belligerent, was benefited, and the neutral commerce of the United States was proportionally abridged. This was especially the case in extending the list to provisions, of which they were most extensive producers, as well as the neutral carriers. While British vessels are admitted into all the ports of the United States, the vessels of the latter are excluded from all the British colonies in America with whom their trade would be most advantageous both from their vicinity, and from each country furnishing the commodities which the other most wanted. The trade which was vital to their West India colonies they insisted on monopolizing, with the exception of that restricted trade permitted by the twelfth article, which was confined to shipping too small for the lumber trade, or to enter into competition with larger vessels in any branch of commerce. By restricting the United States from further discrimi- nating duties, they were deprived of the only means they possessed of countervailing the colonial monopoly. No provision whatever was made for the most grievous and vexatious of national wrongs sustained in the im- pressment of American seamen. Even in those articles which had the show of entire reci- 1794.] CONDITIONAL RATIFICATION. 575 procity, the advantage was greatly on the side of Great Britain, from the different circumstances of the two coun- tries. Thus, the provisions which allowed aliens to hold lands, and prohibited the sequestration of debts due to resident merchants, and also reprisals, might benefit twenty or even fifty British subjects for one American citizen. Even in the fur trade, by means of the exception in favor of the Hudson Bay Company, the principal profit from it was secured to British subjects.' In addition to the intrinsic objections to the treaty, and to the weight of the opposition to it. General Wash- ington had a further inducement to hesitate in giving it his sanction, in consequence of a rumor that the British order in council of the fifth of June was again put in force, and he finally decided, if that was the case, to ratify it conditionally, to take effect on the revocation of that order. Prom this temporising course he was diverted by an occurrence in his own Cabinet. A recent despatch of the French Minister, Fauchet, to his own Government having been intercepted by a British cruiser, had been transmitted by Lord Grenville to Ham- mond, the British Minister. In it, Fauchet had given a view of the state of parties in the United States, and an ' After an interval of near twenty years, I see no reason to change the views formerly expressed : "Mr. Jay left the United States under the firm belief, generally entertained by bis party, that peace with England, the prevention of a closer fraternity with the French, and the continued ascendency of the Federalists, all depended on his making a treaty. Every thing, then, which could interest either his patriotic or party feelings (and neither were lukewarm) was hazarded on this single step. The moral neces- sity under which he acted was as well known to the British Ministry as it was felt by himself, and they naturally profited by it to insist on every thing which he could venture to give, and to concede nothing which they could decently refuse."— I. Life of Jefferson, page 507. 576 EANDOLPH RESIGNS. [CHAP. VTII. account of his conferences with the American Secretary of State, in the course of which details he indulged in comments injurious to the character of the United States, and yet more to that of the Secretary of State. It being understood that Randolph was opposed to the ratification of the treaty, Hammond imputed the President's hesita- tion to Randolph's influence, and he communicated Fau- chet's despatches to Wolcott as a proof of Randolph's intrigues. The other members of the Cabinet, on con- sultation, decided on summoning the President forthwith to Philadelphia, and laying these despatches before him. On the President's return to the city, he submitted the question of ratification to his Cabinet, when all but the Secretary of State advised its unconditional ratification, accompanied, however, with a strong memorial against the late order in council. The drafting of this memorial having been previously determined on, it had been done by Mr. Randolph while the President was in Virginia, and as soon as it was completed, the President laid before the Secretary, Fauchet's despatches. Randolph offered explanations of such passages as exposed him to suspicions, and positively denied all application to Fau- chet for money for himself or any one else. He proposed to submit further explanations in writing, but added that he could no longer hold his office, and sent in his resig- nation the same day. He requested, however, that the affair should not be published until he could see Mr. Fauchet, then in Rhode Island, and about to embark for France. The request was granted. Mr. Randolph had an inter- view with Fauchet, and obtained from him a long expla- natory letter, in which he admitted that he had probably been mistaken in the purport of the propositions attri- buted by him to Mr. Randolph. This gentleman defended 1795.] CHANGES IN THE CABINET. 577 himself" in a formal vindication addressed to the public, ■which, while it had little or no eflfect on his political opponents, was sufficient to acquit him with his friends of the injurious imputations caused by Fauchet, and even to excite the lively indignation of some. Mr. Randolph was succeeded by Mr. Pickering as Secretary of State ; James M' Henry, of Maryland, was appointed Secretary of War ; and Charles Henry Lee, of Virginiaj Attorney-General. All those offices had been tendered to others and refused, in most instances proba- bly from the known inadequacy of the salaries attached to them, A treaty was made this summer by General Wayne with some twelve or more tribes of Indians, who were the more ready to terminate hostilities with the United States, now that they found the western posts were about to be delivered up by the British. By this treaty a body of land equal to twenty-five thousand miles square, was ceded to the United States. The Indians received pre- sents to the amount of twenty thousand dollars, and the United States agreed to pay them, in addition, an annuity of nine thousand five hundred dollars. At this general pacification, many of the whites, long in a state of captivity and exile, were restored to their families ; but some of them refused to leave their savage hosts, whose treatment of their prisoners, when they do not put them to death, is often mild, and even kind. Occasionally, they are adopted in the place of the chil- dren whom the Indians have lost. A treaty was also concluded with Algiers, according to the terms of v;^hich the American prisoners were to be released, and the Dey was to receive seven hundred and sixty-three thousand dollars in hand, and an annuity of twenty-four thousand dollars in military stores. There VOL. I. — 37 578 TREATY WITH SPAIN. [cHAP. VIII. having been some unexpected delay in the payment of this tribute, to prevent him from renewing his threatened hostilities, the American Consul deemed it prudent to propitiate him by engaging to furnish him with a frigate which cost one hundred thousand dollars. A treaty was also at last effected with Spain, by which the boundary between Florida and the United States was settled : the navigation of the Mississippi, through- out its whole extent, was to be free to both countries : the Americans were to have the right of deposit at New Orleans for three years, after which time either the privi- lege was' to be continued, or some other equally conve- nient place of deposit on the Mississippi was to be assigned to them : neither nation was to make alliances with Indians living within the limits of the other nation, nor to allow its Indians to carry on hostilities against the other. The articles concerning commerce and navigation were liberal and reciprocal ; provisions and naval stores were declared not to be contraband, and free ships were to make free goods. A mixed commission was provided to ascertain the losses sustained by illegal Spanish captures, which were to be paid for by the Spanish Government. Congress assembled on the seventh of December, and was addressed by the President the next day, who informed them of the treaties made with the Indians of the North-west, with Algiers, and with Spain ; and of the ratification by the United States of the British treaty, except as to the article respecting the "West India trade. As soon as the result was known, it should be communi- cated. He again urged the organization of the militia, and a remodelling of the military establishment. He recommended the protection of the Indians against the lawless aggression of the whites on the frontier ; and he 1796.] PRESENTATION OF THE FRENCH FLAG. 579 suggested the civilization of those people as a probable result of the benignant efforts of the Government. The answer of the Senate, which passed an eulogy on the President's foreign policy, was opposed, but was finally passed by fourteen votes to eight. In the House of Representatives, Jonathan Dayton, of New Jersey, was chosen Speaker. A member from Vir- ginia (Parker), moved to lay aside the practice of a writ- ten reply to the speech, and to substitute a message stating that the several subjects submitted by the Presi- dent should be taken into consideration. The motion, however, was rejected by a large majority, and the usual committee of three was appointed to draft a reply. The proposed answer, which spoke of the undiminished confidence of his fellow-citizens in the President, met with some modifications in the House, but they still declared their affectionate attachment to his character. On- the fourth of January, 1796, the President sent a message^ to Congress, informing them that the French Minister had, by order of his Government, presented to the United States the colors of France ; together with an address from the Committee of Public Safety to the Representatives in Congress, in the name of the French people. The address contained the following passage : " You were the first defenders of the rights of man in another hemisphere. Strengthened by your example, and endowed with an invincible energy, the French people have vanquished that tyranny, which, during so many centuries of ignorance, superstition, and baseness, had enchained a generous nation. " Soon did the people of the United States perceive that every victory of ours strengthened their independence ' II. State Papers, page 97. 580 ADDRESS TO THE FRENCH MINISTER. [CHAP. VIII. and happiness. They were deeply affected at our mo- mentary misfortunes, occasioned by treasons, purchased by English gold. They have celebrated with rapture the" successes of our brave armies." The Minister accompanied the delivery of the colors to the President with a speech in the same inflated style, to which the President replied in a tone of fervor very unusual with him : " Wonderful people ! Ages to come will read with astonishment the history of your brilliant exploits ! I rejoice that the period of your toils and of your immense sacrifices is approaching. I rejoice that the interesting revolutionary movements of so many years have issued in the formation of a constitution designed to give per- manency to the great object for which you have con- tended. I rejoice that liberty — which you so long embraced with enthusiasm — liberty, of which you have been the invincible defenders, now finds an asylum-in the bosom of a regularly organized government; a govern- ment which, being formed to secure the happiness of the French people, corresponds with the ardent wishes of every heart, while it gratifies the pride of every citizen of the United States, by its resemblance to their own. On these glorious events, accept, sir, my sincere congratu- lations." On the ninth of January, the Minister formally com- plains to the Secretary of State that the French flag, instead of being placed, in the Hall of the House of Representatives, as the American flag had been in France, had been shut up among the archives, which mark of " contempt or indifference" would create great discontent in France.^ Mr. Pickering replied to this captious complaint, that ' II. State Papers, page 490. 1796.] CORRUPT OFFER TO THE MEMBERS OP CONGRESS. 581 the circumstances of the two countries are different ; that the Representatives of the people are not a single body here as in France, but are divided into two branches : that the French flag had been exhibited to them all ; and that the United States never make a display of their own colors, except in their ships and military establish- ments. Some successful speculations with the public lands in the State of Georgia, in which the members of the Legis- lature participated, and which will be hereafter noticed, induced others to make a similar attempt on the mem- bers of Congress. They proposed to purchase, for five hundred thousand dollars, twenty millions of acres in the Michigan territory, and offered to admit members of Congress as partners, and then to purchase such shares as the members did not choose to hold. This corrupt offer was communicated to the House by one of those to whom it was made, and the agents, Messrs. Randall and Whit- ney, were examined by the House. Randall was sen- tenced to be reprimanded by the House, and to be com- mitted until further order; but the doctrine of the privileges of members being denied by several of the members themselves and among others by Mr. Madison, Randall was, after a few days, discharged. Early in March, 1796, the President sent the British treaty completely ratified by both nations, with the exception of the twelfth article, and both parties pre- pared for the contest which, with their conflicting views and feelings, must necessarily arise. It was begun by Edward Livingston, of New York, who moved a call upon the President for a copy Of his instructions to Mr. Jay, and for the correspondence and other documents relative to the treaty. The avowed object of the motion was to ascertaui the 582 POWER OF THE HOUSE AS TO TREATIES. [CHAP. VHI. sense of the House as to its having the discretionary power to decide the question of carrying the treaty into execution — the mover being convinced that the House possessed the requisite power. This question gave rise to an animated debate, which called forth all the talents of both parties, and continued three weeks. The opposition, in support of the resolution, main- tained, that though the power of making treaties was vested by the Constitution in the President and Senate, that did not prevent the restriction which arose from the express provisions of the Constitution, or which required powers not delegated to the President and Senate, as the cession of a State, for example, or of a part of its undis- puted territory. Would the Legislature be bound to sanction such an unconstitutional treaty ? It would not. Congress then has the power of refusing its co-operation in some cases ; and, in the discharge of this power, they must exercise a sound discretion. If the treaty can be executed without the intervention of the Legislature, it is then binding on the nation, and becomes the law of the land ; but if such interposition be necessary, then the Legislature is as free to act within its sphere as the Executive had been. To strengthen this construction of the treaty-making power, they referred to the example of England, where the Legislature, in the exercise of its discretionary power, had sometimes refused to carry a treaty into execution. In answer to the objection that this course may be impolitic as well as unconstitutional, they said, it may make foreign nations cautious of negotiating with the United States ; but this is merely an argument against the exercise of the right, not against its existence. This consideration is as likely to have due weight with the 1796.] president's reply to the house. 583 Legislature as with the Executive, especially as the power of declaring war is confided solely to the Legisla- ture. Without this check, the power of taxing, of natu- ralizing foreigners, of admitting other States into the Union, and of regulating the whole commerce of the country, which the Constitution has placed exclusively in the hands of the Legislature, would thus be transferred to two of its three branches, the President and Senate. The friends of the administration, on the other hand, maintained that a treaty made pursuant to the forms pre- scribed by the Constitution, was binding on the nation, and that the Legislature could not refuse to co-operate in its execution without violating their constitutional duty : that, granted they would not be bound to execute a treaty, when the Executive had plainly transcended its powers, that furnished no argument where such a plea could not be pretended ; and for the same reason that an act contrary to the Constitution is void, one in conformity with it is binding. In answer to the argument drawn from the example of England, they drew a distinction between the power there, which derives its authority from usage, and that of the President and Senate in this country, which, by a written Constitution, expressly declares that treaties made by them are the supreme law of the land. After a debate of a fortnight, the resolution was car^ ried by a majority of sixty-two to thirty-seven. But the President refused to comply with the resolution, and stated his reasons for refusal very fully. He trusted, he said, that no part of his conduct had ever indicated a disposition to withhold information which the Constitu- tion made it his duty to give : that foreign negotiations require caution and secrecy, and the right of the House of Representatives to demand the papers respecting nego- 584 or THE POWERS OF THE HOUSE. [CHAP.VIII. tiations would conflict with these objects, and be a dan- gerous precedent : nor could he see any purpose to be answered, except it was with a view to impeachment, which had not been indicated. He adds, that from his personal knowledge of the intentions of the framers of the Constitution, a treaty duly ratified by the President and Senate became obligatory ; and it appears on the Jour- nals that a proposition that no treaty should be binding that was not ratified by him, was explicitly rejected. These considerations forbade his compliance with their request. About a week later, two resolutions suggested by the message were offered by Mr. Blount. One asserted that when a treaty stipulated regulations on any of the sub- jects submitted by the Constitution to the power of Con- gress, it must depend for its execution, as to such stipu- lations, on a law to be passed by Congress, and that the House had a right to decide on the expediency of passing such laws. The other resolution asserted that when, in applications of the House to the Executive for informa- tion, if within the range of its powers, the House of Representatives was not bound to state for what purpose the information was wanted. Mr. Madison supported the resolutions in an elaborate speech, and the vote being then taken, the resolutions were carried by fifty-seven votes to thirty-five. On the thirteenth'of April, Mr. Sedgwick moved that provision ought to be made by law for carrying into effect the treaties lately concluded with Algiers, Great Britain, Spain, and the Indians. After much altercation between the members of the opposite parties, the resolution was subjected to amend- ments, by which its phraseology, implying the obligation of the House to pass the requisite laws, was changed, 1796.] Madison's speech on the teeatt. 585 and the treaty with Great Britain came on for considera- tion after the others had been disposed of. The feelings of both parties were raised to the highest pitch of excitement. On the part of the Federalists, it was believed that war with Great Britain would inevi- tably follow the rejection of the treaty; and what was scarcely less dreaded by them, a closer connection with France. On the part of the Republicans, besides the want of reciprocity in many articles of the treaty, and its surrender of some points of policy which they estimated very highly, they regarded it as tending to a rapture with France, and as affording a sure triumph to their political adversaries. The nation looked anxiously on while the leading members of the Legislature on both sides prepared for a contest pregnant with such serious consequences.' The debate was opened by Mr. Madison. He arranged his objections to the treaty under the three heads corre- sponding to its declared objects. The part which related to the settlement of former differences, arising from the treaty of peace, he insisted, wanted reciprocity. The United States, he admitted, had failed to execute the article respecting the payment of their debts ; but, by the present treaty, the British obtained the payment of those debts with interest. The British, on their part, had failed to execute two articles. For one of them, the negroes carried off by the British, we had obtained no- thing. For the other, respecting the "Western posts, we had indeed regained' possession of them, but had received nothing for their detention; and the traffic with the Indians was so shackled with conditions, that the posses- sion of the posts gave us no influence over those people, in which the c/hief value of the. posts consisted. ' Anna's of Congress for 1796, page 976. 586 Madison's speech. [chap. viii. He noticed the inequality which opened to Great Britain all the ports of the United States as the condi- tion of having an unimportant province opened to them. He animadverted on the clause respecting the naviga- tion of the Mississippi, which was the more objectionable as the treaty itself supposes that Great Britain, by her real boundary, may have no pretensions to that navi- gation. The same want of reciprocity, in the second place, was to be found in the treaty provisions relative to the rights of neutrals and the laws of nations. We had surrendered the favorite principle that free ships make free goods ; and had added naval stores, and even provisions, to the list of contraband articles, to the great advantage of Great Britain and injury to the United States. This stipulation, under our engagements with France, would, moreover, involve us in diflSculties with that country. He complained that the treaty had surrendered the right of sequestration, which, for want of fleets and armies, was one of our principal means of defence. By this provision a very large amount of property would be secured to British proprietors, and but a small amount to American citizens. To have made this article reciprocal, when the United States were required to give up the right of sequestration, Great Britain should have been required to give up the right of seizing property on the ocean. Under the third head, he pointed out the disadvantage of having surrendered the right of laying discriminating duties, by which American navigation and commerce had been greatly protected and encouraged. He dilated on the injustice of excluding the United States from an equal share in the West. India trade. He urged that every other nation, in relaxing the system of colonial 1796.] THE BRITISH TREATY DISCUSSED. 587 monopoly, so as to permit a trade between its colonies and other countries, had allowed those countries to share in the trade ; and that her monopoly was the more objec- tionable, as we were precluded from appealing to the self-interest of Great Britain (by means of discriminating duties) to do us justice. He showed the inequality and impolicy of gratuitously securing to Great Britain the commercial advantages granted to other nations in return for benefits receive/! from them. As to the trade to the East Indies, we already enjoyed it, because it was bene- ficial to Great Britain. He regarded the threatened con- sequence of a war with Great Britain, pressed as she was by France, as absurd. The discussion of the merits of the treaty being thus begun, was continued with little intermission until the first of May, and the debate was not confined to the lead- ing members of the two parties, but extended itself to almost every one who had ventured to address the House. The principal members who answered Mr. Madison were Messrs. Lyman, Goodhue, Hillhouse, Kittera, Tracy, Griswold, Harper, and Ames. His most conspicuous sup- porters were Messrs. Giles, Swanwick, Nicholas, Findley, Page, Gallatin, and Smith of Maryland. The friends of the treaty maintained that we had no legitimate claim for the negroes carried away at the close of the "War of the Bevolution ; they being regarded as men, and not as property ; that, therefore, we had, by obstructing the collection of British debts, first violated the treaty, which justified Great Britain in retaining the posts. Some of the members asserted, from their personal knowledge of the trade with the Indians, that the greater part of it would fall into the hands of the Americans. As to the West India trade, they asked why we should 588 THE BEITISH TREATY DISCUSSED. [CHAP. VIII. expect that Great Britain would give up her colonial monopoly, when Spain, Portugal, Holland, even France herself, adhered to the same policy, except when under the pressure of war ? They remarked on the inconsis- tency of those who now maintained that no commercial treaty with Great Britain was required, but who, not long since, had wished to adopt a system of restrictions to force her into such a treaty. With respect to the compensa- tion to be made by Great Britain for her illegal seizures, the parties interested were satisfied with that provision, and anxiously desired the ratification of the treaty. The doctrine of free ships making free goods, they urged, was a novelty in the \a,w of nations ; nor was there at this time any treaty in which Great Britain admitted the principle, nor did France herself always conform to it. They added, that since Great Britain would, under her principles of international law, seize our provisions, was it not better that they should be paid for. As to the repugnance of some of the articles to our treaty with France, those are expressly provided for. They insisted on the impolicy of sequestration in a country needing capital and credit as much as the United States. K we cannot grant indulgence, they urged, to another nation, then are we really reduced to a state of colonial dependence. In conclusion, they maintained that unless we could satisfy the world that we are not bound by this treaty, made and ratified according to the Constitution, we should be regarded as a faithless nation ; nor would a vote of the House, when given against the President and Senate, and a great proportion of the American people, remove this imputation. In the debates to which the British treaty gave rise, Albert Gallatin greatly distinguished himself in this, his first session. Notwithstanding the early countenance he 1796.] Gallatin's speech. 589 had shown to the opponents of the excise law, he had, by his subsequent course in moderating the insurgents, so added to the number of his friends as to be elected to Congress. Among other objections to the treaty, he maintained that slaves being, by the law of nations, assimilated to real estate, were not a subject of booty in war. He insisted that though Great Britain would not admit the principle that free ships make free goods, it did not become us expressly to admit the opposite doctrine; and that the effect of this admission, taken in connection with our other treaties, which did not include naval stores and provisions in the list of contraband, would be to secure to Great Britain an exclusive supply of those articles during the war. He urged that while we had made to England full indemnity for every possible claim, we had abandoned every claim of our own of a doubtful nature. He admitted that if this treaty was set aside, there would be little probability of obtaining another: that granting indemnity for British spoliations to be desirable, and that justice ought to be done to British creditors ; yet if the non-execution of the treaty was to be regarded as a mere pecuniary transaction, what we should lose as indemnity would be more than balanced by the debts due to the British : that, bad as the treaty was, he would, for the sake of calming the public agitation, have been willing to put up with it, but for the conduct of Great Britain in renewing her provision order in coun- cil and her continued impressment of American seamen. He therefore preferred not an absolute rejection of the treaty, but a suspension of it. He considered the danger of war as chimerical. War was not the interest of Great Britain, as all the supplies for her military operations in the West Indies were obtained from this country. The 590 FISHER AMES. [CHAP. VIII. cry of disunioir was as groundless as that of war, from the known attachments of the people. All these cries were got up by way of appeal to the fears of the House. It was this same fear of being involved in war which had originated the negotiation : under the impression of fear the treaty had been negotiated and signed : and every imaginary evil was conjured up to frighten the House, and force it to carry the treaty into effect. This speech of Mr. Gallatin was specially answered by Messrs. Gilbert of New York, and Tracy of Connecticut. Gallatin had made himself peculiarly obnoxious to the Federalists, not merely by having joined the party of their opponents, but by having taken an active part in the early opposition to the excise in Pennsylvania : and though he subsequently amply redeemed this error by acknowledging it, and by his efforts to bring about sub- mission to the laws, his present opposition to the admin- istration prevented his first transgression from being for- gotten or forgiven. It was distinctly alluded to by Mr. Tracy in the most offensive language, and his foreign origin noticed in a style as undignified as ungenerous. But the task of defending the treaty, and of inducing the House to tolerate, if they could not approve it, devolved on Fisher Ames, of Massachusetts. He had always maintained a high reputation in the House for his ability and eloquence, as well as his courtesy and liberality; but, on this occasion, he surpassed himself. He had been long laboring under a pulmonary disease, which was evidently hastening him to the grave ; but his party and patriotic zeal rose superior to phj^sical weak- ness, and imparted to him strength to make a speech which won reluctant praise even from his opponents, and so appealed to the personal and party sympathies of his friends, as to raise their admiration to the liveliest 1796.] Ames's speech. 591 enthusiasm. His language was in general at once classi- cal and impassioned, and if it was occasionally more rhetorical than a severe taste could entirely approve, it was not too much so for those to whom it was addressed. He imputed the violent opposition to the treaty to the passions and prejudices against Great Britain, apparent from the repugnance to it manifested before its contents were known ; . and to the strong interest taken in the French nation since her revolution. Nothing, he said, that the treaty could have contained would, in this tem- per of the American people, have satisfied them. As to foreign influence, he showed that France possessed it in a more ample degree than Great Britain, by her strong appeal to their sympathies, and enthusiasm in favor of their revolution. He regarded the rejection of the treaty as a breach of national faith ; dwelt upon the loss of five millions of dollars to the merchants for their captured property; on the renewal of Indian warfare, and the detention of the posts. He portrayed, in glowing tints, the horrors that war would inflict on the frontier settlers. " By rejecting the posts, we light the savage fires — we bind the victims. This day we undertake to render an account to the widJWs and orphans whom our decision will make." War with Great Britain he considered as the inevi- table consequence of rejecting the treaty. Even if she were disposed to put up with the consequent state of things, this nation would not bear it. The indignation at her wrongs in 1794, which then called aloud for war, will now be reversed. He depicted the dangers to the unbraced structure of our government. His opposers acted, he said, as if they believed our union, our peace, our Uberty, were invulnerable and hnmortal. He asked if a real American could look at the prosperity of the country without a 592 MAJORITY FOR THE TREATY. [CHAP.VIII. desire for its continuance ; reminded them again of the anxieties felt in 1794 for the threatened peace of the country, and that the present treaty secured to them that inestimable blessing. It gains to the country every thing, because it confirms our neutrality, by which our citizens are profiting so much. "This treaty, like a rainbow on the edge of the cloud, marks to our eyes the space where the storm is raging, and affords, at the same time, the sure prognostic of fair weather. K we reject it, the vivid colors will grow pale; it will become a baneful meteor, portending tempest and war." He dilated on the immense gains of neutrality; and deplored the policy which would exchange this state of unexampled prosperity to incur danger which threatened riot only the peace of the country, but the existence of the government. " There is, I believe, no member who will not think his chance to be a witness of the conse- quences greater than mine. K, however, the vote should pass to reject, and a spirit should rise, as it will, with the public disorders to make confusion worse confounded, even I, slender and almost broken as my hold on life is, may outlive the Government and Constitution of my country." * A member in the opposition — Mr. Venable — moved an adjournment, that the House should not vote under the influence of a sensibility which their calm judgment might condemn. The next day the resolution was carried through the Committee of the Whole by the casting vote of the Chair- man ; and it prevailed in the House by the vote of fifty- one to forty-eight, there being a majority of ten in the ranks of the opposition. It seemed that Ames's eloquence obtained the rare triumph of disarming and converting 1796.] INTERCOURSE WITH THE INDIANS. 593 even party prejudice, commonly the most intractable of all materials. Of the votes against the treaty, there were only four from New England ; and of the votes in favor of it, there were only four from the States south of the Potomac. Of the members from the Middle States, a large majority were for it. An act soon afterwards was passed for regulating the intercourse with the Indians. It defined a boundary line^ beyond which no citizen of the United States was to pass either for hunting or feeding cattle, nor south of the Ohio for any purpose whatever, without a passport from some person authorised to give one by the President. By this line about one-half of the territory between the Mis- sissippi and the Atlantic was secured to the Indians. The President might remove by force any persons attempting to settle west of the boundary line; and intruders were punishable by fine and imprisonment. In case of robbery or other injury to the property of Indians, the offender, besides being punished, was to make reparation, and if he had no property, they were to be indemnified by the United States ; provided, how- ever, that there had been no attempt of the sufferer or his tribe to take private revenge. In case of injuries by Indians, application for redress was to be made through the Indian agents to the Presi- . dent, who was to use his discretion in the measures of redress : indemnity to be made to the sufferers by the United States, under a like condition, that they had not taken redress into their own hands. Indians caught within the territory of the whites, and ' For this boundary line, extending from Lake Erie to the Eiver St. Mary's, in Georgia, see the act of May 19th, 1796. VOL. I. — 38 594 PEICE OF THE PUBLIC LANDS. [CHAP.VIII. whites within the Indian territory, were subject to sum- mary trial. No one could trade with the Indians without license, nor buy of them any thing except skins or furs. All sales of Indian lands, except by treaty with the United States, were declared to be void. The President was also authorised to furnish them with domestic animals, implements of husbandry, &c., and to appoint agents to reside among them, to aid and instruct them, at an expense not exceeding fifteen thou- sand dollars a year. By another act, the President's suggestion of public trading-houses was carried into execution, and one hun- dred and fifty thousand dollars was appropriated for that purpose. Under this wise and humane system, these people began to make advances in civilization, and some of them continued to be steadily progressive. An act was also passed for the sale of the public lands north of the Ohio, now that there was peace with the Indians in that quarter. A system for surveying and laying out these lands into townships of six miles square, one-half of each of which was to be subdivided into thirty-six parts of a mile square, and the alternate town- ships were to be divided into quarter sections of one hun- dred and sixty acres each. They were to be sold occa- sionally at public auction, but the price was not to be less than two dollars per acre. This system was adopted for the purpose of preventing the overgrown domains which might be acquired by capitalists, and which would not only impede „or retard the settlement of these public lands, but lay the founda- tion for a future landed aristocracy. As American seamen were often impressed by British ^ 1796.] THREE FRIGATES AUTHORISED. 595 cruisers, under the pretext that they were British sub- jects, from whom that Government claimed an indefeasi- ble allegiance, Congress, by way of checking the evil, passed an act which authorised the Government of the United States to appoint two or more agents — one to reside in Great Britain, the others at such places as the Executive should select, to investigate and report to the State Department all cases of impressment, with autho- rity to afford relief to the persons illegally impressed ; for which purpose fifteen thousand dollars were appro- priated. Collectors were required to grant certificates of citizenship to all American seamen, and captains of ves- sels to make protests of impressment, and transmit them to the Government. In consequence of the pacification with the Indians, the military establishment was reduced to two thousa,nd eight hundred men, consisting of the corps of engineers and artillerists, two companies of light dragoons, and four regiments of infantry. The three frigates ordered to be built in 1794 not having been yet finished, the further completion of them was earnestly resisted by the opposition; but a small number of that party from the maritime cities, deeming a navy an essential protection to foreign com- merce, voted with the Federalists, and the appropriation was made. This was one of the points in which the Republican party may be pronounced to have been clearly wrong, as their policy has been since condemned by their own party. The three frigates since so conspicuous in our naval annals — the Constitution, the United States, and the Constellation— were then ordered to be built. The act of 1789, which fixed the compensation of the members of Congress at six dollars a day, had, by 596 TENNESSEE ADMITTED INTO THE UK ION. [CHAP. YIII. way of compromise between the two Houses, allowed the Senators seven dollars a day after the fourth of March, 1795. A new bill on the subject put the members of the two Houses on the same footing, and proposed to substi- tute an annual salary instead of daily pay. This propo- sition, however, was rejected, and a bill was passed giving six dollars a day to all. Mr. Madison offered a resolution for an inspection and survey of the great post-road from Maine to Georgia, which having passed, a committee was appointed to bring in a bill ; but it was not acted on. This seems to have been the first step taken by Congress towards making roads under the power given by the Constitution concerning the post-oflfice, and which, about thirty years afterwards, became one of the most agitated and interest- ing constitutional questions. The revenue and the expenditures of the Government this year were between six and seven millions of dollars ; but as a part of the public debt was then payable, a loan of five millions of dollars was authorised. Tennessee was admitted into the Union at this session, not, however, without opposition from the Federalis'ts, thirty of whom voted against it to forty-two in favor of it. Its population, by a census taken for the occasion, was sixty-seven thousand whites, and ten thousand slaves. After the bill for admission passed the House, the Senate renewed the opposition, and endeavored to postpone the bill, under the pretext of taking the census by the Federal Government; but, on a conference be- tween the two Houses, the bill finally passed. The popu- lation of the new State was divided into two distinct set- tlements in its eastern and western portions, which were distant from each other more than one hundred miles, and 1796.] MONROE SUCCEEDS GOUVERNEUR MORRIS. 597 separated by a territory still owned and inhabited by Indians. Congress adjourned on the twenty-ninth of June, 1796. It was soon found by the administration that, in setthng their difficulties with Great Britain by the treaty, they had increased those with France — a result that probably not a few of the Federal party wished, as weU. as expected, and which others naturally and justly regarded as the least of the alternative evils presented to their choice. The President, at the time that he recalled Gouver- neur Morris, in compliance with the request of the French Government, had written to him a letter expres- sive of his continued esteem, and of his approbation of his diplomatic course ; but this letter having fallen into the hands of a French cruiser, increased the discontent and suspicion of that Government. It was hoped that as Monroe was known to be a warm friend of the French revolution, and one of the party most opposed to Great Britain, this would tend to regain the confidence of the French Government, and revive its amicable feelings towards the United States. Mr. Monroe himself was thoroughly disposed to second these views of the admin- istration, and he had qualities that were likely to make his effort successful. He was most credulous and con- fiding towards those he hked, and equally suspicious towards those with whom he differed. He accordingly went to France with a full persuasion that the ruling party in that country was honest and sincere ; that they really had the same devotion to the principles of civil freedom which he hiinself felt ; and that nothing more was necessary for the success of his mission, and the restoration of harmony between the two nations, than to satisfy the French that General Washington, notwithstanding 598 MONROE IN FRANCE, [CHAP. VIII. the British treaty, was still the friend of France, and truly attached to republican principles. Monroe reached France in 1794, before Jay's treaty was negotiated, and not only on his arrival, but for more than a year afterwards, labored zealously to bring about a good understanding between the United States and France, and to satisfy the French authorities that Gene- ral Washington was their sincere friend. In this he met with but partial success. Much of the prejudice against the United States he was unable to remove, and the con- sequence was that American commerce became the prey of their cruisers. He still persevered in his conciliatpry course, for his heart was in it ; and he so far gained the confidence of the French, that it was proposed by the Convention to give the American Minister a public recep- tion. He readily accepted the invitation, and presented an address to the Committee of Public Safety, in which he warmly eulogises French valor in the field, and French wisdom and firmness in council. The President's reply was also in a style of inflated compliment to the United States. " The French people," said he, " have not forgot- ten that it is to the American people they owe their initia- tion into the cause of liberty. It was in admiring the sub- lime insurrection of the American people against a nation once so haughty, now so humbled ; it was in themselves taking arms to second your courageous efibrts, and in cementing your independence by the blood of our brave warriors, that the French people learned in their turn to break the sceptre of tyranny, and to elevate the statue of liberty on the wreck of a throne, supported during fourteen centuries only ^y crimes and corruption. "But it is not merely a diplomatic alliance — it is the sweetest, the most frank fraternity that must unite us j 1794.] MONROE IN FRANCE. 599 and this union shall be forever indissoluble, as it will be forever the dread of tyrants." After adding more in this strain of ajQfectation and extravagance, then in vogue, he says, " I am impatient to give you the fraternal embrace, which I am ordered to give in the name of the French people. Come and receive it in the name of the American people, and let this spectacle complete the annihilation of an impious coalition of tyrants." The embrace, or axxxh lade as it was called, was accordingly given. After this unwonted theatrical' display of national cor- diality, Mr. Monroe was offered a " national house," in " that" quarter of the city which he should select, as a place of residence ; but his acceptance was forbidden by the Constitution,' as well as by propriety, though the former was the only reason assigned for his refusal. In Mr. Randolph's notice of this public reception, he bestows a slight reproof on the fervor of the language used by the Minister, and he remarks, " Under the influ- ence of these sentiments, we should have hoped that your address would have been so framed, as to leave heart- burnings nowhere:" and again, "We do not perceive that your instructions haye imposed upon you the extreme glow of some parts of your address." He sub- sequently remarked, " You have it still in charge to cul- tivate the French republic with zeal, but without any unnecessary eclat." But the Minister is obnoxious to a more serious repre- hension in a subsequent part of the letter. He had declared, in his memorial to the Committee of Public Safety of the third of Septemberi; 1794, that he had not been instructed to complain of the decree which violated the twenty-third and twenty-fourth articles of the treaty between France and the United States. " On the con- Monroe's View, page 23. 600 Monroe's correspondence. [chap. yiii. trary," he adds, " I well know that if, upon considerar tion, after the experiment made, you should be of opinion that it produces any solid benefit to the republic, the American Government, and my countrymen in general, will not only bear the departure with patience, but with pleasure." ^ In his letter to his Government,*' he suggests that the French decree might have been tolerated, lest a demand for rescinding it might produce a call for the guarantee. To this the Secretary replied that the redress he was instructed to apply for could tiot possibly be obtained unless the decree were rescinded; and if the fear of the guarantee was thus to operate, he could never claim compensation for any infraction of the treaty. He adds, that the omission of the French Government to ask the fulfilment of the guarantee, is a proof that their policy did not make it desirable. The Secretary says he is unapprised of any data upon which Mr. Monroe could have inferred that th6 American Government and people felt indifference on this subject ; " and undoubtedly the President himself would not undertake that the people of the United States would bear with patience a departure from stipulations which are generally believed to be important to us." He is therefore urged to remonstrate against the decree with- out delay ; but in asserting the rights of his country, it J^ not wished "that he should swerve from the line of conciliation." , , In the Minister's despatches of the first of February, 1795, he defends himself against the reprehensions of the Government. He refers to the state of things when he arrived ; the prejudice entertained against the views and feelings of the Government of the United States ; the ' Monroe's Yiew, page 34. ' Ibid, page 116. 1796.] Monroe's correspondence. 601 importance of regaining their confidence; and affirms that the course he took, so far from having a bad efiect on Mr. Jay's negotiation, contributed to further it ; Great Britain being not disposed to make a treaty with the United States but in consequence of the successes of France and of her belief in the good understanding between that country and the United States.. He was thus justified in the warm lainguage he had used, and in giving it publicity. On the third charge of our toleration of the breaches of the treaty, he merely urges that a generous policy was better calculated to produce a good effect in France than a strict one.^ He denies that he conceded the point, or showed an indifference to it. He insists on the success of his efforts to conciliate the French Government, and remarks, "I now declare that I am of opinion, if we stood firmly on that ground [the possession of their con- fidence unimpaired], there is no service within the power of this republic to render that it would not render us, and upon the slightest intimation." It appears from Mr. Monroe's despatches that the French Government manifested from the first much anxiety concerning the treaty with England, which was greatly increased by the- strict secresy observed as to its contents, and by the delay of submitting it to the Senate, until the eighth of June. In January, 1795, the French Government, as if to take from the United States the plea that the treaty of 1778 was violated by France, enacted a decree by which the articles respecting enemy's goods and contraband (embraced in the twenty-third and twenty-fourth arti- cles), were agaiu recognized, and to have full force and effect. ' Monroe's View, page 82. 602 COMPLAINTS BY THE FRENCH GOVERNJIENT. [CHAP. VIII. At first, hopes were entertained that the British treaty would not be ratified, from the doubts expressed by Mr. Eandolph to Mr. Monroe. But after it was pub- lished, the French authorities both in France and the United States regarded it as making concessions to Eng- land highly injurious to France, as well as incompatible with their treaty stipulations with her ; and at length, in February, 1796, one of the members of the new French Executive told Mr. Monroe that from the moment the treaty was ratified, the Directory had considered the alHance between France and the United States as ceasing to exist, and that they should appoint an Envoy Extra- ordinary to communicate this inference to the American Government. The Minister made some unavailing efforts to alter this decision, and on pressing the Direc- tory to state their causes of complaint against the United States, on the eleventh of March, they sent to the American Minister an exposition of their " complaints," arranged under five heads, in support of which they stated particular facts, and made full comments. First. They complain of the non-execution of treaties in the following particulars : 1. That American Courts took , cognizance of the prizes made by French privateers, notwithstanding the prohibition of the treaty. 2. The admission of British vessels-of-war into the United States, contrary to the seventeenth article of the treaty with France. 3. The non-execution of the consular convention made between the two nations in two important par- ticulars. 4. The arrest in Philadelphia of the captain of the corvette Cassius for an act committed by him on the high seas, contrary to the nineteenth article of the treaty. 1796.] MONROE DEFENDS THE UNITED STATES. 603 They complain, secondly, of the hnpunity of the out- rage committed by the English ship Africa, and the English Vice-Consul on the republic, in the person of its Minister, the citizen Fauchet. Thirdly. The treaty concluded with Great Britain, in departing from the principles of the armed neutrality during their war of independence, and that they had extended the list of contraband even to provisions. To -all these complaints Mr. Monroe returned an answer on the fifteenth of March, justifying or excusing the course of the United States." In a subsequent letter from the Minister of Foreign Affairs to Mr. Monroe, dated the" seventh of July, 1796, he again refers to the British treaty, and says that "time had sufficiently ripened the points that were then in discussion (the fifteenth of March), and far from being enfeebled, our complaints against that treaty have acquired since, in our estimation, new force." He says the Direc- tory " has seen in this act, concluded in the midst of hos- tilities, a breach of the friendship which unites the United States and this republic ; and in the stipulations which respect the neutrality of the flag, an abandonment of the tacit engagement which subsisted between the two na- tions upon this point since their treaty of commerce of 1778." The Minister of the United States replied to the Min- ister of Foreign Affairs on the fourteenth of July, 1796, in which he not only vindicates the course of the Unitied States, but assails that of France in setting aside by a decree the very articles of the treaty now in question: in consequence of which, fifty American vessels had been brought into French ports, their cargoes t9,ken from the owners, who are yet unpaid ; and eighty others embar- ' Monroe's View,, page 324. 604 MONROE CENSURED BY HIS GOVERNMENT. [GHAP-VUI. goed at Bordeaux, and detained there more than a year. He complains also that no compensation had been made for supphes to the French West Indies, and for numerous spoliations; and he takes credit for his for- bearance in not bringing forward these complaints before : nor does he at this time press those claims, but merely communicated them as important facts which ought to be known and. considered by the present Government of France. To have urged those acts of the French Government, so injurious to the United States, as well as in direct con- flict with the treaty, and to have at the same time tole- rated, if not excused them, seems to have been the most objectionable part of Mr. Monroe's diplomatic course. He appears to have estimated the disinterested generosity of those with whom he was negotiating by his own, with- out recollecting how little these sentiments enter into the minds of politicians and diplomatists, unless they are also coupled with national interests. On the thirteenth of June, 1796, Mr. Pickering, now Secretary of State, wrote a severe letter of reprehension to Mr. Monroe. He says thai the views of the Govern- ment had been cotfimunicated to him solely to furnish him with the means of removing objections to the treaty, and dispelling the jealousies of the French, both of which he had stated to exist. His failure to use thoSe means had therefore greatly surprised the President. He adds, that, after his audience with the Directory, in which he had succeeded in inducing them to suspend the pro- posed extraordinary mission to the United States, from this favorable result, the happiest 'consequences might have been expected from the full communications he might then have made, and which he had long had the means of- making in vindication of the measures of the 1796.] MONROE AND PICKERING. 605 United Stcates. It was to be regretted that they were not made — even so late as the twenty-fifth of March. The President trusts that those explanations have been since given, and that -they have been satisfactory ; but if not yet made, that they shall be no longer delayed. Written communications are deemed the most eligible, and are required .to be used by the Minister. On the fourth of September, Mr. Monroe answers this letter of Mr. Pickering's. He defends his course with earnestness and warmth. He says the delay of the French Government in manifesting its discontent should lead to a directly opposite inference from Mr. Pickering's. He deemed it more prudent to remain silent than to pro- voke discussion, or to anticipate dissatisfaction on their part : that, before the fifteenth of February, no complaint was made to him. He then details the result of an in- formal conference with the members of the Directory, in which they renewed their former objections to the British treaty, and he his former vindication of the United States. On the twenty-first of the same month, the American Minister writes to the Secretary of State, that, in answer to his inquiries about rumored attempts of the French to possess , themselves of Canada, Louisiana, and Florida, the French Minister of Foreign A,fiairs infctrmed him that they were not anxious about Canada, but merely wished to separate it from England; and that, as to Louisiana, if they took it, it would only be to keep the British from it, in case of a war with Spain. He also states that the French Government had issued an order to their cruisers to seize British property in neutral bottoms. The American Minister wrote to the French Minister of Foreign Afiairs, inquirmg into this order for seizing enemy's property in American vessels : to which, on the 606 MONROE AND THE MINISTRY OF FRANCE. [CHAP. VIII. sixth of October, he had received no answer. Instead of a reply, he received a note couched in a very insulting tone, concerning the prosecution of the late Governor of Guadaloupe in the United States Courts, and which threatened reprisals if those suits were not dismissed. On the seventh of October the Minister of Jlxtemal Relations wrote to Mr. Monroe that the Executive Direc- tory had suspended the functions of the Minister from France to the United States,' and that they had passed a decree, of which he sends a copy, whereby the armed ships of France will treat the United States as these suffer the English to treat them. He then remarks, "but, citi- zen Minister, you know too well from what side the first blow was given to that friendship which our two nations had sworn to :" and he adds, " that the ordinary rela- tions subsisting between the two people, in virtue of the Convention and treaties, shall not on this account be sus- pended. The Consuls will remain to superintend them." " The Federal Government is too enlightened not to have foreseen all the results of that treaty, and no doubt too just to desire that its whole weight should fall on the French republic. It shall not be the fault of the Execu- tive Directory if the political relations between the two nations be. not speedily re-established." This note was replied to by Mr. Monroe, on the twelfth of October. He expresses lively regret at the course pursued by the French Government; but he trusts that the discontent will be transitory, and that he shall soon witness a restoration of harmony. He shall add nothing at present on the subject of the complaints of France, because it would be, unprofitable, and would not accord with the respect due to his own Government, whose further orders he shall await. He expresses his sense of personal obligation for their attention to his Monroe's Views, page 390. 1796.] MONROE SUPERSEDED BY PINCKNEY. 607 several communications, as well as for their liberal sen- ments towards himself; On the twenty-second of August, 1796, Mr. Pickering writes to Mr. Monroe, saying that the French Minister's exhibition of his complaints on the ninth of March, and Mr. Monroe's answer to . them, had been received, and sent to the President at Mount Vernon : that, before this despatch had arrived, the President had decided on sending a new Minister to Paris, and had tendered the appointment to General Charles C. Pinckney, of South Carolina, who had accepted it. Mr. Pinckney would be the bearer of his letters of recall. He refers to his own letter of the thirteenth of June, which will manifest the "uneasiness and dissatisfaction" of the President, and explain the causes of both. It seems that Mr. Monroe's letter to the French Min- ister, of the fourteenth of July, had not been received, when his letter of recall was written. The great and, as it may seem, undue forbearance towards the French, exhibited, in that letter, had, then, no influence on the Government, but a dissatisfaction at the general tenor of his course. It is always hazardous for any administration, in its intercourse with other nations, to appoint one who has not its confidence, and who belongs to a different political party ; and finding their error, they were deter- mined on correcting it, without waiting for the Minister's defence of his course. He afforded no subsequent ground for his recall, as strong as the contents of his letter of the third of September, 1794, in which he stated that the American people and Government would bear their depar- tures from the treaty of 17|8 " not only with patience, but with pleasure." ' ' Mr. Pinckney was introduced by Mr. Monroe to the Minister of Foreign Affairs, on the ninth of December, ' Monroe's View, page 34. 608 Monroe's adieu to the directory, [chap. vni. and two days later that Minister informed Mr. Monroe that the Executive Directory would no longer recognise nor receive a Minister from the United States, until the grievances of the French Government had been repaired; remarking that this measure was not opposed to the con- tinuance of the affection between the French republic and the American people ; an affection which, he says, Mr.- Monroe had lost no means of cultivating. In Monroe's address to the Directory, on taking leave, he expressed himself with grateful courtesy towards the French Government, and with respect towards his own, with lively wishes for the prosperity of the republic, and for harmony between the two nations. The answer of the Directory was in bad temper and bad taste. They say, "that the Minister's recall qffers a strange spectacle to Europe. , France, rich in her free- dom, surrounded by the train of her victories, will not stoop to calculate the consequences of the condescen- sion of the American Government to the wishes of its ancient tyrants. The French republic expects, however, that the successors of Columbus, Raleigh, and Penn, always proud of their liberty, will never forget that they owe it to France - — that the American people will find in the French that republican generosity which knows how to grant peace, as well as to cause its sovereignty to be respected." Before Monsieur Adet, who had succeeded Fauchet as Minister of the United States, took his leave, he made a remonstrance that the American Government had refused^ in conformity with the British treaty, to permit the sale of French prizes in the United States ; and in October, he communicated the decree of the second of July, authorising the seizure of American vessels; and he sub- sequently published in the newspapers a proclamation, by 1796.] adet's proclamation and complaints. 609 which all French citizen^ in the United States were called upon to wear the tri-colored cockade, on pain of not having the consular protection. It was generally worn hy French citizens, and by not a few Americans, whose overflowing zeal for France made them forgetful of the respect due to their own nation. He sent also a note to the State Department, on the fifteenth of November, 1796, demanding the execution of that contract which assured to the United States their existence, "and at the same time he announces the reso- lution of a Government terrible to its enemies, but gene- rous to its allies." ' He proceeded to point out the injuries of which the French Government complains : that French vessels-of- war had not been permitted to bring their prizes into the United States, agreeably to the seventeenth article of the treaty of 1778, and he refers to particular cases; and that the English vessels have been suffered to enjoy advantages interdicted by the same seventeenth article. He resists 'the construction put on the seventeenth article by the American Secretary of State. He then complains of the treaty with England, which combines every thing that is injurious to France, and profitable to England : for proof, he refers to the articles respecting contraband, the right of seizing enemy's property, &c. He concludes with an appeal to the popular resentment felt against England during the Revolution, in that style of puerile declamation which characterized the French patriots of the Revolution.^ This note was published in the Aurora, a Democratic journal of Philadelphia. In September, General Washington, in pursuance of a ' IT. State Papers, page 196. " Ibid, page 214. VOL. I. — 39 610 -Washington's paeewell address, [chap. viii. purpose long entertained, sent forth a farewell address to the people of the United States, in which he endeavored to render all the weight which he still held in the esteem and affection of his fellow-citizens more promotive of the solid and lasting interests of his country, by giving them the best counsels his experience, his sound judgment, and love of country had suggested, to guard them against those errors to which they might be deemed most liable, and to which the Government might be most exposed. It is too familiar to all to require a more particular notice. Much has been said about the authorship of this address, which many first ascribed to Mr. Madison, and others since have yet more confidently ascribed to Mr. Hamilton. It appears, from undoubted i evidence, that he had applied to Mr. Madison to draft such a paper on the hints which he suggested ; and further, that, to a small extent, in the published address is actually incorporated part of Madison's draft. About Hamilton's share there is more uncertainty. He seems to have given the paper its present form ; but how much of the materials are his, and how much are Washington's, cannot now be ascer- tained ; but since the finished address conforms, in the main, to the suggestions first made to Madison, and since, according to the natural effect of long meditation, the topics would increase in number, and be viewed in more varied lights and relations, it seems fair to infer that the subsequent additions were substantially Washington's, and that Hamilton merely reduced them to form. Nor was it necessary to suppose even this, but for the testi- mony of Mr. Jay,' since there is nothing in the address which is superior in force, clearness, or elegance, to some of the later productions of Washington's pen, whose style, great exercise and assiduous care, had improved ' XII. Sparks's Washington, page 395. 1796.] PRESIDENTIAL ELECTION'. 611 to a degree, which, considering the small advantage he had derived from early cultivation, was truly surprising. This address, from such a man, has become more and more the test of orthodoxy to American patriots, and it seems likely to prove at all times an efficient appeal to the hearts of Americans in favor of union, and the prin- ciples of the Federal Constitution. In the autumn, the Presidential election took place, and the Federal candidates for President and Vice-Presi- dent were John Adams, and Thomas Pinckney of South Carolina ; on the part of the Republicans, Mr. Jefferson, and next to him, Aaron, Burr of New York, seemed to be the most popular. The Federal party were somewhat divided about their candidate, while the mass of them were in favor of Adams, the Vice-President, Hamilton and his friends gave a preference to Thomas Pinckney, lately Minister to England. The result was, that John Adams received seventy-one of the one hundred and thirty-nine votes, and was consequently elected Presi- dent; Jeflferson received sixty-eight votes, which being the next highest, made him Vice-President ; Pinckney, the other Federal candidate, having received but .fifty- nine votes. The election was a close one ; and if Pennsylvania, Vir- ginia, and North Carolina, had not each given Adams one vote, though all the other votes of those States were given to Jefferson, their respective numbers would have been reversed, and Jefferson had been the President, and Adams had continued to be the Vice-President. New York New Jersey, Delaware, Maryland, and the New England States gave an unanimous vote for Adams. Pennsylvatiia, the Western States, and Southern States, voted unanimously for Jefferson, with the exception of the three votes that have been mentioned. Had the 612 ■WASHIlSraTON's last speech to congress, [chap. VIII. votes of Virginia and North -Carolina been by general ticket, as they subsequently were, or by the Legislature, Jefferson and Adams would have received the same num- ber of votes, in which case, the election devolving on the House of Representatives, although there was a nume- rical majority of Republican Representatives, there was a majority of Federal States, and Adams would conse- quently have been elected. The President, in his last opening speech to Congress, congratulated them on the condition of the United States, and on the success of that humane, system which had been adopted towards the Indians. After adverting to the treaties with Great Britain, with Spain, and with Algiers, and the measures adopted by the United States in conformity with them, he spoke of a navy as indispen- sable to so commercial a nation as the United States, more especially as the most guarded neutrality would not defend them against the depredations of the belligerents, and as such means of defence often prove the best secu- rity against war : that the trade to the Mediterranean, without a protecting force, would always.be insecure. He therefore recommends the providing materials for the building and equipping ships-of-war, and the encourage- ment of such manufactures as are necessary for the pub- lic defence. Institutions for the promotion of agriculture are also strongly recommended. He urged, in like man- ner, the advantages of a national university, and of a military academy, on both of which he dilates at some length. He then mentions the expediency of augments ing the compensation to the higher oflRcers of the Govern- ment, if we would not too much narrow the field of choice, and, contrary to the principles of republican government, exclude from public trusts all who are not in possession of wealth. 1796.] THE president's speech. 613 He adverted to the difficultieis with France, and to the injuries sustained from French cruisers. He affirms his constant and earnest efforts to preserve harmony with that republic, which should still continue, but that this subject would be resumed in a special message. In this last address he takes occasion to refer to the success of the experiment of the Federal Constitution. The answers of both Houses were respectful and cor- diaL But while that of the Senate passed unanimously, that of the House encountered opposition. Mr. Giles led the way in objecting to the address. He said if the com- mittee had merely spoken of the patriotism, virtue, and integrity of the President, they might have obtained an unanimous vote, but that he could not bear testimony to the wisdom and firmness of the measures of the adminis- tration without inconsistency, and casting a censure on himself, as he had for some time opposed those measures. He thought the difficulties in which we were now in- volved with France. were a proof that the course of the admiilistration had not been wise : nor could he consent to express regret that the President had retired from public life. He wished him happiness on his retirement, but he believed there were a thousand citizens as capa- ble of discharging the duties of Chief Magistrate as he. Several amendments were proposed to the address, which gave rise to a debate that continued for two days. A proposition to strike out a passage which expressed the wish that his example might be the . guide of his succes- sors, and thus, after being the ornament and safeguard of the present age, become the patrimony of our descend- ants, received the votes of twenty-four against fifty-four; and on the final vote for the address, the vote was sixty- seven yeas to twelve nays. All of the opponents were 614 RELATIONS WITH FRANCE. [CHAP. VIII. from the South and West, except Edward Livingston of New York, and Samuel Maclay of Pennsylvania. On the twenty-first of December, 1796, the Committee of "Ways and Means had been directed to report the mea- sures which ought to be taken relative to the balances found to be due from certain States to the United States.' That Committee made a report on the twenty-sixth, which was considered and discussed from the thirtieth of December to the fifth of January, when the House adopted two resolutions. By the first, the President was required to give notice to the debtor States of the sums in which they were severally indebted, with an earnest re- quest that they would cause speedy provision for paying the same ; which resolution was passed by fifty-seven to twenty-seven. The second provided that payment might be made in the several public stocks of the United States, in the same proportion as had been paid by them to the creditor States ;* to which no opposition was made. A third resolution, that all transfers of the public debt by any of the debtor States, or by any person for their benefit, were to be suspended until the further action of Congress, being thought to derogate from the rights and dignity of the States, was rejected by sixty-two to twenty- three. In a special message some weeks later — the nine- teenth of January — the President presented a very full statement of the present relations of the United States with Francp. A collection of all the letters and papers rela- tive to the subject had been made, to enable Mr. Pinck- ney to enter into explanations with the French Govern- ment ; and these papers, together with a letter of instruc- tions from the Secretary of State to Mr. Pinckney, were also communicated. II. Gales & Seaton's Jouroals of Congress, page 626. 1797.] COMPLAINTS BY FRENCH ENVOYS. 615 These papers comprised the whole correspondence during the years 1794, 1795, and 1796, betweenj first, Mr. Fauchet, and then Mr. Adet, with the American Secretaries of State ; and they almost entirely consist of complaints against the United States, in their conduct to France, and the vindication of the United States either by Eandolph or Pickering. Those complaints were arranged by Mr. Pickering under three heads. First. In their abandonment, by the United States, of their neutral rights, in not insisting on the principle that free ships niake free goods, and in extending the list of contraband articles. Second. In violations of the treaty of 1778, especially the seventeenth and twenty-second articles : and. Third. By the treaty recently made with Great Britain. Though these constituted the subject of warm and reiterated complaints, others of very inferior dignity and importance were also urged by these zealous envoys, a portion of which were scarcely consistent with the honor of their nation, or their own self-respect. They urged : First. That the Government of the United States had made a question whether it would execute the treaties with France, or receive the agents of the proscribed^ princes, (alluding to the discussions of the Cabinet in 17933. Second. "It made an insidious proclamation of neu- trality." Third. By its chicaneries, it abandoned French priva- teers to its courts of justice. Fourth. "It eluded the amicable mediation of the Kepublic for breaking the chains of its citizens at Algiers." Fifth " Notwithstanding the treaty stipulations, it allowed to be arrested vessels of State." 616 COMPLAINTS BY FRENCH ENVOYS. [CH^P. VIII. Sixth. " It suffered England, by insulting its neu- trality, to interrupt its commerce with France." Seventh. "Notwithstanding the faith of treaties, it gave an asylum to these same English, who, after having insulted her flag, and pillaged her citizens, came also to brave the American people in their ports, and to take a station whence to cruise, on a favorable opportunity, against the French." Eighth. "It might be said that it applauded their (the English) audacity; it had all submission to their will ; it allowed the French colonies to be declared in a state of blockade, and its citizens interdicted the right of trading to them." Ninth. " It eluded all the advances made by the republic for renewing the treaties of conimerce, upon a more favorable footing to both, nations ; it excused itself on the most frivolous pretexts, whilst it anticipated G-reat Britain by soliciting a treaty in which, prostituting its neutrality, it sacrificed France to her enemies ; or rather, looking on her as obliterated from the map of the world, it forgot the services she had rendered it, and threw aside the duty of gratitude, as if ingratitude were a govern- mental duty." To this exaggerated. statement of grievances, the Min- ister adds those respecting the disposition made of the French flag, and the failure in an American almanac to give precedence to the French diplomacy ; and he refers, lastly, to the complaints made by the Minister for Foreign Affairs, which are not comprehended in the above catar logue. These are : That the consular convention between the United States and France has been rendered illusory in two par- ticulars; and In the impunity of the outrage committed on the repub- 1797.] PICKERING DEFENDS THE UNITED STATES. 617 lie in the person of its Minister, the citizen Fauchet, by the i^nglish ship Africa. All these complaints are fully considered and fairly answered, so as to sustain the remarks of Pickering, " that there had been no attempt in the Government of the United States to violate our treaty, or weaken our engagements with France : that whatever resistance it had opposed to the measures of her agents, the mainte- nance of the laws and sovereignty of the United States, and their neutral obligations, have rendered indispensa- ble : that it has never acquiesced in any acts violating our rights, or interfering with the advantages stipulated to France ; but, on the contrary, has opposed them by all the means in its power : that it has withheld no succors from France that were compatible with the duties of neu^ trality to grant -. that, as well by their independent political rights, as by the express provisions of the com- mercial treaties with France, the United States were at full liberty to e^ter into commercial treaties with any other nation, and consequently with Great Britain : that no facts manifesting a partiality to that country have been, and that none such can be produced." ' If some of the facts stated by the French envoys wear the appearance of greater promptitude to act against the violations .of the rights of the United States by French cruisers, than against those committed by the British, it must be remembered that those violations which were coiiimitted within the jurisdiction of the United States, were more frequently committed by the French than the English, from the known predominance of popular feel- ing in favor of the French and against the British, and because, when they were committed by the English — as when their ships-of-war entered the waters of the ' II. State Papers, page 1^6. 618 ADDITIONAL IMPOST. [CHAP. VXII. United States with their prizes — the power of the Government to punish such infractions was utterly inade- quate beyond ordering out the militia. In truth, it was known that the people of the United States were at that time divided into two parties, which were violently opposed to each other as to their foreign relations : one of them with a warm attachment to Prance and her revolution; the other, less numerous, but no less zealously attached to England — and that most of the members of the administration belonged to this last-mentioned party. All its acts, therefore, were scanned with a jealous eye by the partisans of France ; and many of the accusations of the French Government and its agents were but echoes of the charges brought forward in the opposition journals. But General Wash- ington, while he was determined to secure his country, if possible, from the evils of war, was at the same time equally determined to obtain this advantage by no sacri- fice of national duty or honor ; and nothing more shows his firmness, and steJidiness of purpose, as well his thorough sense of moral rectitude, than his conduct towards the French and English at this period. With equal hand he aimed to be just towards both, and to sub- mit to injustice from neither. It being found, by the report of the Secretary of the Treasury, that the revenue was inadequate to the exist- ing demands on the Government, the Committee of Ways and Means recommended an additional impost* on salt, wine, spirits, tea, sugar, and stamps, as well as a direct tax on windows ; which gave rise to much discussion. A tax on lands having been proposed, according to the recommendation of the Secretary, the motion prevailed by forty-eight votes to thirty-nine. The policy of direct taxation was subsequently very 1797.] A BILL NEGATIVED BY THE PRESIDENT. 619 copiously, but irregularly discussed ; but while a majo- rity appeared in the debate to be in favor of direct taxes, there was a manifest reluctance to carry their theory into execution, and no direct tax was laid at this session, in conformity with the report of the Secretary of the Treasury in the preceding year. An increase of the salaries of the higher officers of the Government, to the amount of twenty-five per cent., was carried by fifty-seven votes to thirty-two. A bill having passed both Houses for reducing the military establishment of the United States, the Presi- dent for the second time exercised his constitutional veto, urging four objections w^iich he had to the bill. These were, that the law would do injustice to two companies ; would be injurious to the public service ; did not comport with economy ; and would deprive the regular army of cavalry. On a reconsideration by the House, there Were fifty-five in favor of it, and thirty-six against it ; so that the former number not being two-thirds of the whole, the bill was rejected. On the twenty-seventh of February, the Speaker laid before the House a report of the Secretary of State, respecting the spoliations on the trade of the United States by the French republic, on a memorial referred to him by the House on the seventh of May. These injuries he classed under seven heads : First. Spoliations and maltreatment of their vessels at sea by French ships-of-war and privateers. Second. A long^eontinued embargo on their vessels at Bordeaux, in 1793 and 1794. Third. The non-payment of bills, and other evidences of debts, drawn by the colonial governments in the West Indies. Fourth.. The seizure or forced sales of the cargoes of 620 INJURIOUS ACTS BY FRANCE. [CHAP.VIII. their vessels, and the appropriating them to public use, without paying for them, or paying inadequately, or delaying payment for a great length of time. Fifth. The non-performance of contracts made by the agents of the Government for supplies. Sixth. The condemnation of their vessels and cargoes under such of the marine ordinances of France as are incompatible with the treaties subsisting between the two countries. Seventh. The captures sanctioned by a decree of the Convention of the ninth of May, 1793, which declared enemy's goods on board of their vessels lawful prize, and directed French ships-of-war to bring into port ships laden with provisions, and bound to an enemy's port. Examples of all of which injuries he adduced, showing thirty-six claims for indemnity recovered, some of which were still unpaid; and one hundred and seventy claims for cargoes, or parts of cargoes unjustly seized; one hun- dred and three vessels detained at Bordeaux by embargo; for which acts of illegal detention or seizures, the "claims amounted to many millions of livres.' The third of March terminated the session, and the eight years' administration of George Washington. The prominent events of Washington's second term were the proclamation of neutrality, the Pennsylvania insurrection, and the British treaty. As soon as England was added to the list of the enemies of France, the lively interest which the great mass of Americans had taken in the French revolution, together with the hostility felt towards England, which neither time nor the haughtiness of the British Ministry had yet suffered to subside, strongly disposed a consider- able portion of the people tb take sides with France. ' III. State Papers, page 47. 1797.] PACIFIC POLICY OF WASHINGTON. 621 National, gratitude, they alleged, as well as the holy cause of liberty, required them to take this course. But Washington and his Cabinet, backed by the whole Federal party, and the sober-minded of all parties, reflecting On the serious evils of war, and the sure gains of neutrality, decided on preserving peace, if possible. Hence the pro- clamation of neutrality, which, whatever may be thought of the constitutional scruples of Madison (in his pamph- let under the signature of Helvidius), was, in its effects, as all now admit, a wise and beneficent measure. The danger of war, however, did not then cease The arts and address of Genet, gave a fresh impetus to the popular zeal in behalf of the French, who, availing themselves of some provisions in the treatyof 1778, were able to give so much annoyance to British commerce, and so to strengthen their interest in the United States, as to incline the British Ministry to hostilities; it regard- ing open war with the United States as preferable to their one-sided neutrality. Hence the speech of Lord Dorchester to the Indians, which probably had the double purpose of securing the support of the savages, and of deterring the Americans from giving further cause of provocation. • The insults to the American administration into which the rash and too contident ardor of Genet betrayed him, togetherwith the masterly arguments of Jefferson, enabled "Washington to get rid of this troublesome envoy without offending a majority of the American people. i The disposition of the British Government to use its naval superiority to injure a foe now become as formida- ble as it was detested, then proved a new source of dan- ger to the United States. To make this superiority more efficient, England decided on stepping over those neutral rights which stood in her way. The failure of the har- 622 Washington's PACIFIC pnijcT. [chap. viii. vest in France compelled that nation to look abroad for supplies ; and nowhere could they be obtained in such abundance and cheapness as in the United States, which, moreover, abounded in the means of transport. Hence the British orders in council of June and Novemberj 1793, by which the neutral rights of the United States were grossly violated. The resentment which these wrongs excited in the whole Republican party, and all the Federalists whose patriotic pride was stronger than their party attachments, again threatened war with England. Hence the propositions to sequester and otherwise retaliate, in 1794. The administration, still bent on preserving peace, decided on a special mission to England, which resulted in the British treaty. The very unequal terms of the treaty, together with the vehement opposition to it, produced by friendship to Prance, and resentment towards England, caused Wash- ington to hesitate about the ratification, especially when he learned that Great Britain had renewed her orders in council. But the breach with Mr. Randolph, and the unsatisfactory course of Mr. Monroe, threw their weight into the doubtful balance, and decided the President on ratifying the treaty, unequal as it was. The violations of neutral rights by France, of which there had been previously not a few examples, became then general, and almost co-extensive with her power. In pursuance of the same pacific policy which the interests of his country, just recovered from a desolating war of eight years, so strongly recommended, Washington was induced again to resort to negotiation, and General Pinckney was sent to France, as Mr. Jay had been sent to England, to try the efiect of remonstrance, and an appeal to justice. What might have been the effect of Pinckney' s mission, had Washington's administration con- 1797.] EFFECT OF THE PENNSYLVANIA INSURRECTION. 623 tinued, cannot now be known. But until this moment lie had secured to his country the solid blessings of peace amid the perils which for four years had threatened it. Nor was there probably another individual in the United States who had at once the desire and ability to pre- serve pacific relations with both countries, the rulers of which had shown themselves to be almost as unscrupu- lous as they were powerful. In the partial resistance to the excise laws which manifested itself in Pennsylvania, there was nothing which seriously threatened the Union, or the welfare of the Confederate States ; but in showing the promptitude with which men of all parties would support the autho- rity of the Government, even in measures which they did not wholly approve, this occurrence afforded very high gratification to the friends of the Federal Govern- ment, and especially to those who had previously enter- tained doubts of its competency to maintain law and order against strong popular resistance. In no State was the excise law more distasteful than in Virginia, both as to its objects, and its means of execution; yet in no State did men of all parties less hesitate to take up arms to quell the insurrection. Nay, even the Democratic Societies, which had been, charged with bringing about this resistance to the laws by their inflam- matory publications, came openly forward in opposition to the insurrection, and some of their members acted as volunteers in the army raised to put it down. Both friends and foes of the administration, at home and abroad, saw, in t^e measures which it adopted, an alacrity and efliciency which that Government had not been sup- posed to possess, and which promised to protect it equally from foreign and domestic foes. It was fortunate for Washington's administration, and 624 JEFFERSON AND HAMILTON. [OHAP. VHI. for the welfare of the United States, that Jefferson and Hamilton were members of the Cabinet; and they con- tributed to these happy results by the qualities in which they differed, as well as by those in which they agreed. They both were eminent for their talents and political information; both at the head of their respective parties, zealous in support of their political principles, and of unwearied diligence in promoting them. Neither of them cordially approved the new Constitution, which, with their aid, was about to be tested by experiment. Here their resemblance ends. No two American citi- zens were more dissimilar in their political principles. Jefferson was ardently attached to popular govern- ment, and had the most thorough conviction that the people of every civilized and intelligent community were competent to construct and to carry into execution their own system of polity. He considered that a government so formed was safer, wiser, and conferred more happiness than any other on a greater number. Hamilton had no such confidence. Having seen, in the politics of New York, and of other States, that majorities would some- times trample on the rights of minorities; and, under the impulse of sudden feeUn^, would occasionally do that which was unwise or unjust, and of which they them- selves would subsequently repent, he was desirous of pro- viding an adequate control of a power which was so liable to be seriously abused. He thus became the honest advocate of a strong government which could repress or punish disorder; provide a revenue adequate to all emergencies; and go to war when justice or policy required. Hamilton disapproved 'of the new Constitu- tion, because he thought it deficient in the controlling power which he deemed indispensable; but he was finally reconciled to it, because he thought, from the 1797.] JEFFERSON AND HAMILTON. 625 resemblance of its structure to that of the British model, it might, if ably administered, gradually acquire the desired energy. JeflFerson, on the other hand, objected to the new Constitution for this very similarity to a monar- chical government; and he lost no opportunity of opposing or counteracting every measure which tended to increase the resemblance that he deprecated. The French revolution was, as we have seen, a fur- ther source of dissension with these statesmen. "With such a radical difference of feelings and views, every attempt of one of them to carry into execution measures dic- tated either by his theoretical principles, or his national predilections, was assiduously and earnestly opposed by the other; and Washington, whose firmness was equal to his impartiality, decided between them. Thus, like the rowers on the opposite sides of an ancient ship-of- war or modern galley, their conflicting efibrtSj aided by the steady eye and hand of the helmsman, gave to the bark they impelled a direct onward progress which their sepa^ rate exertions would have defeated. These eminent men have been often compared and contrasted by their separate admirers, as to their talents, their services to their country, and their influence on succeeding generations. When we consider the very early age at which Hamil- ton obtained distinction as a political writer; that, at thirty, he was associated with Madison and Jay in expom^ding and defending the new Federal Constitu- tion ; and that he was the ablest, as well as the largest contributor to that unrivalled commentary on our politi- cal system ; when we further recollect the readiness and ability with which he wrote his numerous reports to Con- gress, we cannot hesitate to award to him the palm of superior genius over all his contemporaries. VOL. I. — 40 626 JEFFERSON AND HAMILTON. [CHAP. VIII. Of the services of these statesmen, as well to the country as to the administration of which they were members, they both must be placed in the highest rank. Hamilton, at the head of the Treasury Department, sub- jected the finances of the nation — the collection, safe- keeping and distribution of its revenue, the duties and the responsibilities of all its fiscal officers — to a course of regulations so efficient and complete, as to have since undergone no material change, Jefferson, on his part, in his diplomatic correspondence generally, and especially with Genet and with Hammond, defended the rights and interests of his country with masterly ability. The deci- mal currency, of which he was the author, may claim to have rendered a more useful service to his country than any one of which his rival can boast. The saving of time and trouble which this improvement has already effected, it is not easy to estimate. On the score of official ser- vices, their merits may be regarded as not materially different. But as to their influence on succeeding generations, there can be no comparison between them. Hamilton's political principles, gradually losing weight in this coun- try, have now all but disappeared, except in a very small class, about as numerous, perhaps, as the disciples of Sir Robert Filmer, or of Hobbes,' in their day; while Jeffer- son's still flourish in undiminished vigor. His political maxims, exhibited in a form which the humblest capa- city can understand and remember, have become familiar to every American, and have obtained- the currency, and almost the weight of proverbs. He has added new force ' By this remark it is not intended to intimate that Hamilton approved the political principles of these defenders of despotism. He merely accorded with the more temperate and rational views of Blackstone and De Lolme. 1797.] JEFFERSON AND HAMILTON. 627 to the prejudices of his countrymen against the artificial distinctions of rank ; and his denunciations of the abuses of power find an echo in the bosoms of the great mass of the American people. Being in accordance with the fun- damental principles of our nature, they are transmitted from generation to generation, and are ever gaining new force and authority from time. They pervade the American mind as one of its elements, and can no more be separated from it, than solar heat or electricity from the atmosphere. If Hamilton's talents have modified the machinery of the Federal Government, Jefferson's more penetrating influence has acted on its incorporeal part — its soul — and consequently partakes of the same superiority over his rival's, that mind has over matter. It is premature, after so short a trial as eight years, to speculate on the character of the Confederate Govern- ment which the people of these States had adopted — its merits and defects — for what human institution is free from fault ? But we may say that, in this short period, it had more than realized the predictions of its friends. In that time, the number of its people had increased at the rate of three per cent, a year; and its wealth, by the united advantages of a fruitful soil, untiring industry, and a neutral commerce, had more than doubled that rate of increase. If we have no evidence that, in religion, morals, or literature, there was a correspondent advance- ment we have since reason to know that, ig all these indications of improvement, the nation has been steadily progressive. "We have now attended the remarkable career of George Washington for twenty-two years since he was called to command the armies of his country, contending first for their rights, and then for independence. After he had led them to victory, we have seen him presiding 628 "WASHIN.GTON. , [OHAP. VIII. over the deliberations of the sages who formed a national government adapted to their new condition : and lastly, we have seen him twice selected as the Chief Magistrate to carry that Constitution into effect. On all these occa- sions his merit received the testimony and the tribute, to which there is no parallel, of the unanimous vote of those by whom he was elected. Having thus fulfilled his noble destiny, he resigned the hebn of State to other hands, apparently less skilful and prudent, and certainly less fortunate. APPENDIX. No. I. PATRICK HENRY'S RESOLUTIONS ON THE STAMP ACT. There have been different versions of these celebrated resolutions of Patrick Henry on the Stamp Act. The following is the report of them, given, according to Mr. Wirt, by Mr. Henry himself, and found among his papers after his death. The fifth resolution was rescinded by the House of Burgesses on the day after it passed. " Resolved, That the first adventurel'S and settlers of this. His Ma- jesty's colony and dominion, brought with them and transmitted to their posterity, and all Other His Majesty's subjects, since inhabiting in this, His Majesty's said colony, all' the privileges, franchises, and immu- nities, that have been at any time, held, enjoyed, and possessed, by the people of Great Britain. "Resolved, That by two royal charters, granted by King James the Ilrst, the colonists, aforesaid, are declared entitled to all the privileges, liberties, and immunities, of denizens' and natural-born subjects, to all intents and purposes, as if they had been abiding and born within the realm of England. " Resolved, That the taxation of the people by themselves, or by per- sons chosen by themselves to represent them, who can only know what taxes the people are able to bear, and the easiest mode of raising them, and are equally affected by such taxes themselves, is the distinguishing characteristic of British freedom, and without which the ancient Gonsti- tutiori cannot subsist. "Resolved, That His Majesty's liege people of this most ancient colony, have uninterruptedly enjoyed the right of being thus governed by their own assembly in the article of their taxes and internal police, and that the same hath never been forfeited, or any other way given up, but hath been constantly recognized by the King and people of Great Britain. (629) 630 APPENDIX I. — henry's RESOLUTIONS. " Resolved, therefore, That the Greneral Assembly of this colony have the sole right and power to lay taxes and impositions upon the inhabi- tants of this colony; and that every attempt to vest such power in any person or persons whatsoever, other than the General-Assembly afore- said, has a manifest tendency to destroy British as well as American freedom." On the back of the paper containing those resolutions is the following endorsement, which is also in the handwriting of Mr. Henry himself: " The within resolutions passed the House of Burgesses in May, 1765. They formed the first opposition to the stamp act, and the scheme of taxing Ameficaby the British Parliament. All the colonies, either through fear, or want of opportunity to form an opposition, or from influence of some kind or other, had reniained silent.^ " I had been for the first time elected a Burgess, a few days before, was young, inexperienced, unacquainted with the forms of the House, and the members that composed it. Fitiding the men of weight averse to opposition, and the commencement of the tax at hand, and that no person was likely to step forth, I determined to venture, and, alone, un- advised, and unassisted, on a blank leaf of an old law-book' wrote the within. Upon offering them to the House, violent debates ensued. Many threats were uttered, and much abuse cast on me, by the party for submission. After a long and warm contest, the resolutions passed by a very small majority, perhaps of one or two only. The alarm spread throughout America with astonishing quickness, and the ministerial party were overwhelmed. The great point of resistance to British taxa- tion was universally established in the colonies. " This brought on the war which finally separated the two countries, and gave independence to ours. Whether this will prove a blessing or a curse, will depend upon the use our people make of the blessings which a gracious God hath bestowed on us. If they are wise, they will be great and happy. If they are of a contrary character, they will be miserable. Righteousness alone can exalt them as a nation. " Reader 1 Whosoever thou art, remember this ; and in thy sphere, practise virtue thyself, and encourage it in others. P. Henry." ' Judge Tyler says, "an old Coke upon Littleton." No. II. A DECLARATION BY THE REPRESENTATIVES OF THE UNITED STATES OF AMERICA., IN CONGRESS ASSEMBLED. When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume, among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions' of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal ; that they are endowed by their Creator with certain unalienable rights ; that among these, are life, liberty, and the pursuit of happiness. That, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed ; that, whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established, should not be changed for light and transient causes ; and accordingly, all experience hath shown^ that mankind are more dis- posed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But, when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of these colonies, and such is now the necessity which constrains them to alter their former systems of government. The history of the pre- sent king of Great Britain is a history of repeated injuries and usurpa- tions all having, in direct object, the establishment of an absolute tyranny over these States. To prove this, let facts be submitted to a candid world : (631) 632 APPENDIX. He has refused his assent to laws the most wholesome and necessary for the public good. He has forbidden his Governors to pass laws of immediate and press- ing importance, unless suspended in their operation till his assent should be obtkined j and, when so suspended, he has utterly neglected to attend to them. He has refused to pass other laws for the accommodation of large dis- tricts of people, unless those people would relinquish the right of repre- sentation in the legislature ; a right inestimable to them, and formidable to tyrants only. He has called together legislative bodies at places unusuai, uncom- fortable, and distant from the depository of their public records, for the sole purpose of faitiguing them into compliance with his measures. He has dissolved representative houses repeatedly, for opposing, with manly firmness, his invasions on the rights of the people. He has refused, for a long time after such dissolutions, to cause others to be elected ; whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise ; the State remain- ing, in the mean time, exposed to all the danger of invasion from with- out,' and convulsions within. He has endeavored to prevent the population of these States; for that purpose, obstructing the laws for naturalization of foreigners, refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands. He has obstructed the administration of justice, by refusing his assent to laws for establishing, judiciary powers. He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries. He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance. He has kept among us, in times of peace, standing armies, without the consent of ourlegislatures. He has affected to render the military independent of, and superior to, the civil power. He has combined, with others, to subject tis to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his assent to their acts of pretended legislation : For quartering large bodies of armed troops among us : For protecting them, by a mock trial, from punishment, for any mur- ders which they should commit on the inhabitants of these States : THE DECLARATION OF INDEPENDENCE. , 633 For eiitting off our trade with all parts of the world : For imposiog taxes on us without our consent : For depriving us, in many eases, of the benefits of trial by jury : For transporting us beyond seas to be tried for pretended offences : For abolishing the free system of English laws in a neighboring pro- vince, establishing therein an arbitrary government, aud enlarging its boundaries, so as to render it at once-an example and fit instrument for introducing the same absolute rule into these colonies : For taking away our charters, abolishing our most valuable laws, and altering, fundamentally, the powers of our governments : For suspending our own legislatures, and declaring themselves in- vested with power to legislate for us in all cases whatsoever. He has abdicated governmetit here, by declaring us out of his protec- tion, and waging war against us. He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people. He is, at this time, transporting large armies of foreign mercenaries to complete the works of death, desolation, and tyranny, already be- gun, with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation. He has constrained our fellow-citizens, taken captive on the high seas to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands. He has excited domestic insurrections amongst us, and has endea- vored to bring on the inhabitants of our frontiers, the merciless Indian savages, whose known rule of warfare is an undistinguished destruction, of all ages, sexes, and conditions. In every stage of these oppressions, we have petitioned for redress, in the most humble terms; our repeated petitions have been answered only by repeated injury. A prince, whose character is thus marked ■ by every act which may define a tyrant, is unfit to be the ruler of a free ^^ Nor have we been wanting in attention to our British brethren. We have warned them, from time to time, of attempts made by their legis- lature -to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here We have appealed to their native justice and magnanimity, and we have conjured them, by the ties of our common kindred, to disavow these usurpations, which would inevitably interrupt our connections and 634 , APPENDIX. correspondence. They, too, have been deaf to the voice of justice and consanguinity. We must, therefore, acquiesce in the necessity, which denounces our separation, and hold them, as we hold the rest of man- kind, enemies in war, in peace, friends. We, therefore, the representatives of the UNITED STATES OF AMERICA, in GENERAL CONGRESS assembled, appealing to the Supreme Judge of the World for the rectitude of our intentions, do, in the name, and by the authority of the good people of these colonies, solemnly publish and declare, That these United Colonies are, and of right ought to be, ifxee ani fintrejienient States i that they are absolved from all allegiance to the British crown, and that all political connexion between them and the state of Great Britain, is, and ought to be, totally dissolved; and that, as FREE AND INDEPENDENT STATES, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which INDE- PENDENT STATES may of right do. And, for the support of this declaration, with a firm reliance on the protection of ©JfFENJB )PSt®s T)ail5Wffl3B, we mutually pledge to each other, our lives, our fortunes, and our sacred honor. The foregoing declaration was, by order of Congress, engrossed, and signed by the following members : JOHN HANCOCK. New Hampshire. Connecticut. Josiah Bartlett, Roger Sherman, William Whipple, Samuel Huntington, Matthew Thornton. William Williams, Oliver Wolcott. Massachusetts Bay. New York. Samuel Adams, William Floyd, John Adams, Philip Livingston, Robert Treat Paine, Francis Lewis, Elbridge Gerry. Lewis Morris. Rhode Island. New Jersey. Stephen Hopkins, Richard Stockton, William Ellery. John Witherspoon, Francis Hopkinson, John Hart, Abraham Clark. THE DECLARATION OF INDEPENDENCE. 635 Pennsylvan ia. Robert Morris, Benjamin Eush, Benjamin Franklin, John Morton, George Cljmer, James Smith, George Taylor, James "Wilson, George Ross. Delaware. Caesar Rodney, G«orge Read, Thomas M'Kean. Maryland. Samuel Chase, « ' William Paca, Thomas Stone, Charles Carroll, of CarroUton. Virginia. George Wythe, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thomas Nelson, jun. Francis Lightfoot Lee, Carter Braxton. North Carolina. William Hooper, Joseph Hewes, , John Penn. South Carolina. Edward Rutledge, Thomas Heyward, jun. Thomas Lynch, jun. Arthur Middleton. Georgia. Button Gwinnett, Lyman Hall, George Walton. Resolved, That copies of the Declaration bp sent to the several assem- blies, conventions, and committees, or councils of safety, and to the several commanding officers of the continental troops ; that it be pro- claimed in each of the United States, and at the head of the army. No. III. ARTICLES OF CONFEDERATION AND PERPETUAL UNION BETWEEN THE STATES. TO ALL TO WHOM THESE PKESENTS SHALL COME, WE THE UNDERSIGNED DELEGATES OF THE STATES AFFIXED' TO OUR NAMES, SEND GREETING. — Whereas the Delegates of the United States of America in Congress assembled did on the 15th day of November in the Year of our Lord 1777, and in the Second year of the Independence of America agree to certain articles of Confederation and perpetual Union between the States of New Hamp- shire, Massachusetts-bay, Rhode-island and Providence Plantations, Connecticut, New- York, New-Jersey, Pennsylvania, Delaware, Mary- land, Virginia, North-Carolina, South-Carolina, and Georgia, in the words following, viz. "articles of confederation and perpettjal union between the states op new-hampshire, massachusetts-bat, rhode-island and providence plantations, connecticut, new-tork, new- jersey, pennsylvania*, delaware, mab,yland, virginia, north- carolina, south-carolina, and georgia. * ARTICLE I. The Stile of this confederacy shall be " The United States of America." ARTICLE II. Bach state retains its sovereignty, freedom and inde- pendence, and every Power, Jurisdiction and right, which is not by this confederation expressly delegated to the united states, in congress assembled. ARTICLE III. The said states hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their Liberties, and their mutual and general welfare, bind- (636) THE ARTICLES OF* CoWedEEATION. 637 mg themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever. ARTICLE IV. The better to secure and perpetuate mutual friend- ship and intercourse among the people of the different states in this union, the free inhabitants of each of these states, paupers, vagabonds, and fugitives from Justice excepted, shall be entitled to all privileges and immunities of free citizens in the several states j and the people of each state shall have free ingress and regress to and frqm any other state, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions and restrictions as the inhabitants thereof respectively, provided that such restriction shall not extend so far as to prevent the removal of property imported into any state, to any other state of which the owner is an inhabitant ; provided also that no imposition, duties or restriction shall be paid by any state, on the pro- perty of the united states, or either of them. If any person guilty of, or charged with treason, felony, or other high misdemeanor in any state, shall flee from Justice, and be found in any of the united states, he shall upon demand of the Grovernor or executive power, of the state from which he fled, be delivered up and removed to the state having jurisdiction of his offence. Full faith and credit shall be given in each of these states to the re- cords, acts and judicial proceedings of the courts and magistrates of every other state. . ARTICLE V. For the more convenient management of the general interest of the united states, delegates shall be annually appointed in such manner as the legislature of each state shall direct, to meet in con- gress on the flrst Monday in November, in every year, with a power reserved to each state, to recall its delegates, or any of them, at any time within the year, and to send others in their stead, for the remainder of the Year. No state shall be represented in congress by less than two, nor by more than seven members; and no person shall be capable of being a delegate for more than three years.in any term of six years ; nor shall any person, being a delegate, be capable of holding any oflSce under the united states, for which he, or another for his benefit receives any salary, fees or emolument of any kind. Each state shall maintain its own delegates in any meeting of the states and while they act as members of the committees of the states. 638 APPENDIX. In determining questions in the united states, in congress assembled, each state shall have one vote. Freedom of speech and debate in congress shall not be impeached or questioned in any Court, or place out of congress, and the members of congress shall be protected in their persons from arrests and imprison- ments, during their time of going to and from, and attendance on con- gress, except for treason, felony, or breach of the peace. ARTICLE VI. No state without the Consent of the united states in congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance or treaty with any King, princQ or state; nor shall any person holding any office of profit or trust under the united states, or any of them, accept of any pre- sent, emolument, office or title of any kind whatever from any king, prince or foreign state ; nor shall the united states in congress assembled, or any of them, grant any title of nobility. No two or more states shall enter into any treaty, confederation or alliance whatever between them, without the consent of the united states in congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue. No state shall lay any imposts or duties, which may interfere with any stipulations in treaties, entered into by the united states in congress assembled, with any king, prince or state, in pursuance of any treaties already proposed by congress, to the courts of France and Spain. No vessels of war shall be kept up in time of peace by any state, ex- cept such number only, as shall be deemed necessary by the united states in congress assembled, for the defence of such state, or its trade ; nor shall any body of forces be kept up by any state, in time of peace, except such number only, as in the judgment of the united states, in congress assembled, shall be deemed requisite to garrison the forts neces- sary for the defence of such state ; but every state shall always keep up a well regulated and disciplined militia, sufficiently armed and accoutred, and shall provide and have constantly ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, am- munition and camp equipage. No state shall engage in any war without the consent of the united states in congress assembled, unless such state be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such state, and the danger is so imminent as not to admit of a delay till the united states in con. gress assembled can be consulted : nor shall any state grant commissions THE ARTICLES OF CONFEDERATION. 639 to any ships or vessels of war, nor letters of marque or reprisal, except It be after a declaration of war by the united states in congress assem- bled, and then only against the kingdom or state and the subjects thereof, against which war has been so declared, and under such regula- tions as shall be established by the united states in congress assembled, unless such state be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or, until the united statps in congress assembled shall deter- mine otherwise. ARTICLE VII. When land-forces are raised by any state for the common defence, all offices of or under the rank of colonel, shall be appointed by the legislature of each state respectively by whom such forces shall be raised, or in such manner as Such state shall direct, and all vacancies shall be fiUed up by the state which first made the appoint- ment. ARTICLE VIII. All chalrges of war, and all other expenses that shall be incurred for the common defence, or general welfare, and allowed by the united states in congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states, in proportion to the value of all land within each state, granted to or sur- veyed for any Person, as such land and the buildings and improvements thereon shall be estimated according to such mode as the united states in congress assembled, shall from. time to time, direct and appoint. The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several states within the time agreed upon by the united states in congress assembled. ARTICLE IX. The united states in congress assembled, shall have the sole and exclusive right and power of determining on peace and war except in the cases mentioned in the 6th article — of sending and receiving ambassadors — entering into treaties and alliances, provided that no treaty of commerce shall be made whereby the legislative power of the respective states shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exportation or importation of any species of, goods, or commodities whatsoever — of esfablishing rules for deciding in all eases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the united states shall be divided or appropriated — of granting letters of marque and reprisals in times of peace —appointing courts for the trials of piracies 640 APPENDIX. and felonies committed on the high seas and establishing courts for re- ceiving and determining finally appeals in aU cases of captures, provided that no member of congress shall be appointed a judge of any of the said courts. The united states in congress assembled shall also be the last resort OQ appeal in all disputes and differences now subsisting or that here- after may arise between two or more states concerning boundary, juris- diction or any other cause whatsoever ; which authority shall always be exercised in the manner following. Whenever the legislative or execu- tive authority or lawful agent of any state in controversy with another shall present a petition to congress, stating the matter in question and praying for a hearing, notice thereof shall be given by order of congress to the legislative or executive authority of the other state in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint by joint consent, commis- sioners or judges to constitute a court for hearing and determining the matter in question : but if they cannot agree, congress shall name three persons out of each of the united states, and from the list of such per- sons each party shall alternately strike out one, the petitioners begin- ning, until the number shall be reduced to thirteen; and from that number not less than seven, nor more than nine names as congress shall direct, shall in the presence of congress be drawn out by lot, and the persons whose names shall be so drawn or any five of them, shall be com- missioners or judges, to hear and finally determine the controversy, so always as a major part of the judges who shall hear the cause shall agree in the determination : and if either party shall neglect to attend at the day appointed, without showing reasons, which congress shall judge sufiS- cient, or being present shall refuse to strike, the congress shall proceed to nominate three persons out of each state, and the secretary of con- gress shall strike in behalf of such party absent or refusing ; and the judgment and sentence of the court to be appointed, in the manner before prescribed, shall be final and conclusive ; and if any of the par- ties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pro- nounce sentence, or judgment, which shall in like manner be final and decisive, the judgment or sentence and other proceedings being in either case transmitted to congress, and lodged among the acts of congress for the security of the parties concerned : provided that every commissioner, before he sits in judgment, shall take an oath to be administered by one of the judges of the supreme or superior court of the state, where the cause shall be tried, " well and truly to hear and determine the matter THE ARTICLES OF CONFEDERATION. 641 in question, according to the best of his judgment, without favour, affeo- tion or hope of reward:" provided also that no state shall be deprived of territory for the benefit of the united states. AH eontroyersies concerning the private right of soil claimed under different grants of two or more states, whose jurisdictions as they may respect such lands, and the states which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlemetit of jurisdiction, shall on the petition of either party to the congress of the united states, be finally determined as near as may be in the same manner as" is before pre- scribed for deciding disputes respecting territorial jurisdiction between different states. ' The united states in congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that' of the 'respective states — ^"fixing the standard of weights and measures throughput the united states — regu- lating the trade and managing all affairs with the Indians, not members of any of the states, provided that the legislative right of any state within its own limits be not infringed or violated — establishing or regulating post-ofiSces from one state to another, throughout all the united states, and exacting such postage on the papers passing thro' the same as may be requisite to defray the expenses of the said office — appointing all officers of the land forces in the service of the united states, excepting regimental officers — appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the united states — making rules for the government and regulation of the said land and naval forces, and directing their operations. The united states in congress assembled shall have authority to ap- point a committee, to sit in the recess of congress, to be denominated " A Committee of the States," and to consist of one delegate from each state ; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the united states under their direction — to appoint one of their number to preside, provided that no person be allowed to serve in the office of president mpre than one year in any term of three years ; to ascertain the necessary sums of Money to be raised for the service of the united states, and to appropri- ate and apply the same for defraying the public expenses — to borrow money, or emit bills on the credit of the united states, transmitting every half year tp the respective states an account of the sums of money so borrowed or emitted, — to build and equip a navy — to agree upon the number of land forces, and to make requisitions from each state for its VOL. I. — 41 642 APPENDIX. quota, in prnportion to the number qf white inhabitants in such state; which requisition shall be binding, and thereupon the legislature of each state shall appoint the regimental officers, raise the men and cloath, arm and equip them in a soldier like manner, at the expense of the united states ; and the officers and men so cloathed, armed and equipped shall march to the place appointed, and within the time agreed on by the united states in congress assembled : But if the united states in congress assembled shall, on consideration of circumstances judge proper that any state should not raise men, or should raise a smaller number than its quota, and that any other state should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, cloathed, armed and equipped in the same manner as the quota of such state, unless the legislature of such state shall judge that such extra num- ber cannot be safely spared out of the same, in which case they shall raise officer, cloath, arm and equip as many of such extra number as they judge can be safely spared. And the officers and men so cloathed, armed and equipped, shall mart-h to the place appointed, and within the time agreed on by the united states in congress assembled. The united states in congress assembled shall never engage in a war, nnr grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses necessary for the defence and wel- fare of the united states, or any of them, nor emit bills, nor borrow money on the credit of the united states, nor appropriate money, nor agree upon the number of vessels of war, to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander in chief of the army or navy, unless nine states assent to the same : nor shall a question on any other point, except for adjourning from day to day be determined, unless by the votes of a majority of the united states in con- gress assembled. The Congress of the united states shall have power to adjourn to any time within the year, and to any place within the united states, so that no period of adjournment be for a longer duration than the space of six months, and shall publish the Journal of their proceedings monthly, ex- cept such parts thereof relating to treaties, alliances or military opera- tions, as in their judgment require secrecy; and the yeas and nays of the delegates of each state on any question shall be entered on the Jour- nal, when it is desired by any delegate ; and the delegates of a state, or any of them, at his or their request shall be furnished with a transcript of the said Journal, except such parts as are above excepted, to lay be- fore the legislatures of the several states. THE ARTICLES OF CONFEDERATION". 643 ARTICLE- X. The committee of the states, or any nine of them, shall be authorized to execute, in the recess of congress, such of the powers of congress as the united states in congress assembled, by the con- sent of nine states, shall from time to time think expedient to vest them with; provided that no power be delegated to the said committee, for the exercise of which, by the articles of confederation, the voice of nine states in the congress of the united states assembled is requisite. ARTICLE XI. Canada acceding to this confederation, and joining in the measures of the united states, shall be admitted into and entitled to all the advantages of this union : but no other colony shall be admitted into the same, unless such admission be agreed to by nine states. ARTICLE XII. All bills of credit emitted, monies borrowed and debts contracted by, or under the authority of congress, before the assem- bling of the united states, in pursuance of the present confederation, shall be deemed and considered as a charge against the united states, for payment and satisfaction whereof the said united states, and the public faith are hereby solemnly pledged. ARTICLE XIII. Every state shall abide by the determinations of the united states in congress assembled, on all questions which by this confederation is submitted to them. And the Articles of this confedera- tion shall be inviolably observed by every state, and the union shall be perpetual ; nor shall any alteration at any time hereafter be made in any of them ; unless such alteration be agreed to in a congress of the united states, and be afterwards confirmed by the legislatures of every state. And Whereas it hath pleased the Great Governor of the World to in- cline the hearts of the legislatures we respectively represent in congress, to approve of, and to authorize us to ratify the said articles of confedera- tion and perpetual union. Know Ye that we the undersigned delegates, •by virtue of the power and authority to us given for that purpose, do by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union, and all and singular the matters and things therein contained : And we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the united states in congress assembled, on all questions, which by the said confederation are submitted to them. And that the articles thereof shall be inviolably observed by the states we respectively represent, and that the union shall be perpetual. In wit- ness whereof we have hereunto set our hands in congress. Done at 644 APPENDIX. Philadelphia in the state of Pennsylvania the 9th Day of July m the Year of our Lord, 1778, and in the 3d year of the Independence of America. Josiah Bartlett, John Wentworth, jun., August Sth, John Hancock, Samuel Adams, Elbridge Gerry, Francis Dana, James Lovell, Samuel Holten, William Ellery, Henry Marchant, John CoDins, Eoger Sherman, Samuel Huntington, Oliver Wolcott, Titus Hosmgr, Andrew Adam, Jaa Duane, Fras Lewis, William Duer, Goav Morris, Jn" Witherspoon, Nath' Soudder, Bob' Morris, Daniel Roberdeau, Jon" Bayard Smith, William Clingan, Joseph Reed, 22d July, 1778, Tho. M'Kean, Feb. 12, 1779, John Dickinson, May 5, 1779, Nicholas Van Dyke, John Hanson, March 1st, 1781, Daniel Carroll, March 1st, 1781, Richard Henry Lee, John Banister, Thomas Adams, Jn° Harvie, Francis Lightfoot Lee, John Penn, July 21st, 1778, Corns Harnett, Jn°'Wilhams, Henry Laurens, WUIiam Henry Drayton, Jn" Matthews, Richd Hutson, Thos. Heyward, jun. Jn" Walton, 24th July, 1778. Edw" Telfair, EdwJ Langworthy, }0n the part and behalf of the state of New Hampshire. On the part and behalf of the state of Massachuset^-Bay. On the part and behalf of the state ► of Rhode-Island and Providence I Plantations. On the part and behalf of the state of Connecticut. On the part and behalf of the state of New-York. }0n the part and behalf of the state of New-Jersey, November 26th, 1778. On the part and behalf of the state of Pennsylvania. I On the part and behalf of the state I of Delaware. 1 On the part and behalf of the state J of Maryland. On the part and behalf of the state of Virginia. 1^ On the part> and behalf of the state 1 of North-Carolina. On the part and behalf of the state of South-Carolina. [ On the part and behalf of the state I pf Georgia. No. IV. AN ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY OF THE UNITED STATES, NORTH-WEST OF THE RIVER OHIO. Be it ordained hy the United States in Congress assembled, That the said territory, for the purposes of temporary government, be one district; subject, however, to be divided into two districts, as future circumstances may, ia the opinion of Congress, make it expedient. Be it ordained hy the aiithority aforesaid, That the estates both of resident and non-resident proprietors in the said territory, dying intes- tate, shall descend to and be distributed among their children and the descendants of a deceased child, in equal parts; the descendants of a deceased child or grandchild to take the share of their deceased parent in equal parts among them ; and where there shall be no children or descendants, then in_ equal parts to the next of kin, in equal degree.; and among collaterals, the children of a deceased bxother or sister of the intestate shall have in equal parts among them their deceased parent's share ; and there shall in no case be a distinction between kindred of the whole and half blood ; saving in all cases to the widow of the intes- tate her third part of the real estate for life, and one-third part of the personal estate ; and this law relative to descents and dower shall re- main in full force until altered by the legislature of the district. And until the governor and judges shall adopt laws as hereinafter mentioned, estates in the said territory may be devised or bequeathed by wills in writing, signed and sealed by him or her in whom the estate may be, (being of full age,) and attested by three witiiesses; and real estates may be conveyed by lease and release, or bargain and sale, signed, sealed, and delivered by the person, being of full age, in wiom the estate may be, and attested by two witnesses, provided such wills be duly proved, and such conveyance be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, courts, and registers shall be appointed for that purpose; and personal property may be transferred by delivery, saving, however, to the vPrench and Ca- nadian inhabitants, and other settlers of the Kaskaskias, Saint Vincent's, (645) 646 ORDINANCE FOR THE NORTH-WEST TERRITORY. and the neighboring villages, who have heretofore professed themselves citizens of Virginia, their laws and customs now in force among them relative to the descent and conveyance of property. Be it ordained hy the authority aforesaid, That there shall be ap- pointed from time to time, by Congress, a governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress ; he shall reside in the district, and have a freehold estate therein, in one thousand acres of land, while in the exercise of his oflBce. There shall be appointed from time. to time, by Congress, a secretary, whose commission shall continue in force for four years, unless sooner revoked; he shall reside in the district, and have a freehold estate therein, in five hundred acres of land, while in the exercise of his oflJce. It shall be his duty to keep and preserve the acts and laws passed by the lejfislature, and the public records of the district, and the proceedings of the governor in his executive department, and transmit authentic .copies of such acts and proceedings every six months to the secretary of Con- gress. There shall also be appointed a court, to consist of three judges, any two of whom to form a court, who shall have a common-law juris- diction, and reside in the district, and have each therein a freehold estate in five hundred acres of land, while in the exercise of their offices; and their commissions shall continue in force during good behavior. The governor and judges, or a majority of them, shall adopt and pub- lish in the district such laws of the original States, criminal and civil, as may be necessary and best suited to the circumstances of the district, and report them to Congress from time to time, which laws shall he in force in the district until the organization of the General Assembly therein, unless disapproved of by Congress ; but afterwards, the legisla- ture shall have authority to alter them as they shall think fit. The governor, for the time being, shall be commander-in-chief of the militia, appoint and commission all officers in the same below the rank of general officers ; all general officers shall be appointed and commis- sioned by Congress. Previous to the organization of the General Assembly, the governor shall appoint such magistrates and other civil officers, in each county or township, as he shall find necessary for the preservation of the peace and good order in the same. After the General Assembly shall be organ- ized, the powers and duties of magistrates and other civil officers shall be regulated and defined by the said Assembly ; but all magistrates and other civil officers, not herein otherwise directed, shall, during the con- tinuance of this temporary government, be appointed by the governor. ORDINANCE FOE THE NOETH-WEST TERRITORY. 647 For the prevention of crimes and injuries, the laws to be adopted or made shall have force in all parts of the district, and for the execution of process, criminal and civil, the governor shall make proper divisions thereof ; and he shall proceed from time to time, as circumstances may require, to lay out the*parts of the district in which the Indian titles shall have been extinguished into counties and townships, subject, how- isver, to such alterations as may thereafter be made by the legislature. So soon as there shall be five thousand free male inhabitants, of full age, in the district, upon giving proof thereof to the governor, they shall receive authority, with time and place, to elect representatives from their counties or townships, to represent them in the General Assembly; provided that, fop every five hundred free male inhabitants, there shall be one representative, and so on progressiyely with the number of free male inhabitants shall the right of representation increase, until the number of representatives shall amount to twenty-five, after which the number and proportion of representatives shall be regulated by the legis- lature ; provided that no person be eligible or qualified to act as a repre- sentative unless he shall have been a citizen of one of the United States three years, and be a resident in the district, or unless he shall have resided in the district three years, and in either case shall likewise hold in his owji right, in fee-simple, two hundred acres of land within the saUie : provided also, that a freehold in fifty acres of land in the district, having been a citizen of one of the States, and being resident in the dis- trict, or the like freehold and two years' residence in the district, shall be necessary to qualify a man as an elector of a representative. The representatives thus elected shall serve for the term of two years, and, in case of the death of a representative, or removal from office, the governor shall issue a writ to the county or township f&r, which he was a member to elect another in his stead, to serve for the residue of the term. The General Assembly, or Legislature, shall consist of the Governor, Legislative Council, and a House of Representatives. The Legislative Council shall consist of five members, to continue in office five years, unless sooner removed by Congress, any three of whom to be a quorum, and the members of the Council shall be nominated and appointed in the following manner, to wit: As soon as repVesentatives shall be e;lected, the Governor sh^U appoint a time and place for them to meet together, and when met, they shall nominate ten persons, residents in the district, and each possessed of a freehold ifl five hundred acres of land, and return their names to Congress ; five of whom Congress shall appoint and commission to serve as aforesaid; and whenever a vacancy shall hap- 648 APPENDIX. pen in the cnuncil, by death or removal from oflSoe, thp House of Kepre- sentatives shall nominate two persons qualified as aforesaid, for each Va- cancy, and return their names to Congress; one of whom Congress shall appoint and commission for the residue of the term ; and every five years, four months at least before the expiration of the time of service of the members of Council, the said House shall nominate ten persons, qualified as aforesaid, and return their names to Congress, five of whom Congress shall appoint and commission to serve as members of the Council five years, unless sooner removed. And the Governor, Legislative Council, and House of Representatives, shall have authority to make la;ws, in all cases, for the good government of the district, not repugnant to the prin- ciples and articles in this ordinance established and declared. And all bills, having passed by a majority in the House, and hy a majority in the Council, shall be referred to the Governor for his assent: but no bill or legislative act whatever shall be of any force without his assent. The Governor shall have power to convene, prorogue, and dissolve the Gene- ral Assembly, when, in his opinion, it shall be expedient. The Governor, Judges, Legislative Council, Secretary, and such other officers as Congress shall appoint in the district, shall take an oath or affirmation of fidelity, and of office ; the Governor before the President of Congress, and all other officers before the Governor. As soon as a Legislature shall be formed in the district, the Council and- House assem- bled, in one room, shall have authority, by joint ballot, to elect a dele- gate to Congress, who shall have a seat in Congress, with a right of debating, but not of voting during this temporary government. And for extending the fundamental principles of civil and religious liberty, which form- the basis whereon these republics, their laws, and constitutions are erected; to fix and establish those principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in the said territory ; to provide, also, for the establish- ment of States, and permanent government therein, and for their admis- sion to a share in the Federal Councils on an equal footing with the original States, at as early periods as may be consistent with the general interest : It is hereby ordained and declared, iy the authority aforesaid, That the fpllowing articles shall be considered as articles of compact, between the original States and the people and States in the said territory, and forever remain unalterable, unless by common consent, to wit : ArticI/E 1. No person, demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship, or religious sentiments, in the said territory. ORDINANCE FOR THE NORTH-WEST TERRITORY. 649 Article 2. The inhabitants of the said territory shall always be enti- tled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the Legislature, and of judicial proceedings according to the course of the common law. All persons shall be bailable, unless for capital offences, where the proof shall be evident, or the presumption great. All fines shall be moderate, and no crjiel or unusual punishments shall be inflicted. No man shall be deprived of his liberty or property, but by the judgment of his peers, or the law of the land, and should the public exigencies make it necessary, for the common preservation, to take any person's property, or to de- mand his particular services, full compensation shall be made for the same. And, in the just' preservation of rights and property, it is under- stood and declared, that no law ought ever to be made, or have force in the said territory, that shall, in any manner whatever, interfere with, or affect private contracts or engagements, bona fide, and without fraud previously formed. Article 3. Religion, morality, and knowledge, being necessary to good government, and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed towards the Indians ;' their lands and property shall never be taken from them without their consent ; and in their property, rights, and liberty, they never shall be invaded or disturbed, i*iless in just and lawful wars authorised by Congress ; but laws founded in jus- tice and humanity shall, from time to time, be made, for preventing •wrongs being done to them, and for preserving peace and friendship with them. ' Article 4. The said territory, and the States which may be formed therein, shall forever remain a part of this confederacy of the United States of America, subject to the Articles of Confederation, and to such alterations therein as shall be constitutionally made ; and to all the acts and ordinances of the United States, in Congress assembled, conformable thereto. The inhabitants and settlers in the said territory shall be sub- ject to pay a part of the federal debts, contracted or to be contracted, and a proportional part of the expenses of government, to be apportioned on them by Congress, according to the same common rule and measure by which apportionments thereof shall be made on the other States ; and the taxes for paying their proportion shall be laid and levied by the aur thority and direction of the Legislatures of the district or districts, or new States, as in the original States, within the time agreed upon by the United States, in Congress assembled. The Legislatures of those districts, or new States, shall never interfere with the primary disposaL 650 APPENDIX. of the soil by the United States, in Congress assembled, nor with any regulations- Congress may find necessary, for securing the title- in such soil to the bona fide purchasers. No tax shall be imposed on lands, the property of the United States j and in no case shall non-resident pro- prietors be taxed higher than residents. The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory as to the citizens of the United States, and those of any other States that may be admitted into the Confede- racy, without any tax, impost, or duty therefor. Article 5. There shall be formed in the said territory not less than three, nor more than five States; and the boundaries of the States, as soon as Virginia shall alter her act of cession, and consent to the same, shall become fixed and established as follows, to wit : the Western State in the said territory shall be bounded by the Mississippi, the Ohio, and Wabash rivers ; a direct line drawn from the Wabash and Post Vincents, due north, to the territorial line between the United States and Canada; and by the said territorial line to the Lake of the Woods and Mississippi. The Middle States shall be bounded by the said direct line, the Wabash, from Post Vincents to the Ohio, by the Ohio, by a direct line drawn due north from the mouth of the Great Miami to the said territorial line, and by the said territorial line. The Eastern State shall be bounded by the last-mentioned direct line, the Ohio, Pennsylvania, and the said territorial line : provided, however, and it is further understood and de- clared, that the boundaries of these three States shall be subject so far to be altered, that, if Congress shall hereafter find it expedient, they shall have authority to form one or two States in that part of the said territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan. And whenever any of the said States shall have sixty thousand free inhabitants therein, such State shall be admitted, by its delegates, into the Congress of the United States, on an equal footing with the original States, in all respects what- ever ; and shall be at liberty to form a permanent constitution and State government ; provided the constitution and government, so to be formed, shall be republican, and in conformity to the principles contained in these articles ; and, so far as can be consistent with the general interest of the Confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the State than sixty thousand. Article 6. There shall be neither slavery nor involuntary servitude in the said' territory, otherwise than in the punishment of crimes whereof ORDINANCE FOR THE NORTH-WEST TERRITORY. 651 the party shall have been duly convicted ; provided, always, that any person escaping into the same,, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed, and conveyed to the person claiming his or her labor or ser- vice as aforesaid. Be it ordained hy the authority aforesaid, That the resolutions of the 23d of April, 1784, relative to the subject of this ordinance, be, and the same are hereby, repealed, and declared null and void. Done by the United States, in Congress assembled, the 13th day of July, in the year of our Lord 1787, and of their sovereignty and independence the 12th. CHARLES THOMSON, Sec'y. No. V. r CONSTITUTION OF THE UNITED STATES OP AMERICA. We the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the bless- ings of liberty to ourselves and our posterity, do ordain and establish this CoNSTiTDTiON for the United States of America. ARTICLE I. Section 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section 2. The House of Eepresentatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature. No person shall be a Representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall riot exceed one for eyery thirty thousand, but each State shall have at least one Representative j and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Plrovidence Plantations one, Connecticut five, New York six, New Jersey (652) CONSTITUTION OF THE UNITED STATES. 653 four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten. North Carolina five, South Carolina five, and Georgia three. When vacancies happen in the Eepresentation from any State, the Executive Authority thereof shall issue writs of election to fill such vacancies. The House of Eepresentatives shall choose their Speaker and other officers ; and shall have the sole power of impeachment. Section 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years ; and each Senator shall haVe one vote. Immediately after they shall be assembled, in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shall be vacated at the expi- ration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen eyery segond year ; and if vacancies hap- pen by resignation, or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the Legislature, which shall fill such vacan- cies. • No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen' of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. ■ The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice-President, or when he shall exer- cise the office of President of the United States. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall pre- side : and no person shall be convicted without the concurrence of two- thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification tq hold and enjoy any office of honor, trust or profit under the United States : but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law. Section 4. The times, places and manner of holding elections for Senators and Bepresentatives shall be prescribed in each State by the 654 APPENDIX. Legislature thereof; but the Congress may, at any time, by law make or alter such regulations, except as to the places of choosing Senators. The Congress shall assemble at least once in every ySar, and such meeting shall be on the first Monday in December, unless they shall by law appoint a diflferent day. Section 5. Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall con- stitute a quorum to do business ; but a smaller number may adjourn from day to day, and may be authorised to compel the attendance of absent members, in such manner, and under such penalties as each House niay provide. Each House may determine the rules of its proceedings,' punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member. Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one-fifth of those present, be en- tered on the journal. Neither House, during the session of Congress, shall, without the con- sent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. Section 6. The Senators and Representatives shall receive a com- pensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except trea- son, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to or returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil oflSce under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States, shall be a member of either House during his continuance in office. Section 7. All bills for raising revenue shall originate in the House of Representatives ; but the Senate uuu prujiose or concur with amend- ments as on other bills. Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States : if he approve he shall sign it; but if not, he shall CONSTITUTION OF THE UNITED STATES. . 655 return it, with his objections, to that Housa in whicli it shall have origi- nated, who shall enter the objections at large on their journal, and pro- ceed to reconsider it. If, after such reconsideration, two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be recon- sidered, and if approved by two-thirds of that House, it shall become a law. But in all such cases, the votes of both Houses shall be deter- mined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respec- tively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by their adjournment, prevent its return, in which case it shall not be a law. Every order, resolution, or vote to which the concurrence of the Senate and House of Kepresentatives may be necessary (except on a question of adjournment), shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Senate and House of Kepresentatives, according to the rules and limitations prescribed in the case of a bill. Section 8. The Congress shall have power To lay and collect taxes, duties, imposts and expises, to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States : To borrow money on the credit of the United States : To regulate commerce with foreign nations, and among the several States, and with the Indian tribes : To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States : To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures : To provide for the punishment of counterfeiting the securities and current coin of the United States : To establish post-oflGices and post-roads : To promote the progress of science and useful arts," by securing for limited times to authors and inventors the exclusive right to their respec- tive writings and discoveries : To constitute tribunals inferior to the Supreme Court : 656 APPENDIX. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations : To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water : To raise and support armies ; but no appropriation of money to that use shall be for a longer term than two years : To provide and maintain a navy : To make rules for the government and regulation of the land and naval forces : To provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel invasions : 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, reserving to the States respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress : To exercise exclusive legislation in all cases whatsoever over such dis- trict (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of the Govern- ment of the United States, and to exercise like authority over all places purchased by the consent of the Legislature of the State in which the same shall be^ for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings : and To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in 'the Government of the United States, or in any Depart- ment or officer thereof. Section 9. The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be pyo- hibited by the Congress prior to the year one thousand eight hundred and eight ; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion,, the public safety may require it. No bill of attainder or ex post facto law shall be passed. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken. No tax or duty shall be laid on articles exported from any State. No preference shall be given by any \regulation of commerce or reve- nue to the ports of one State over those of another : nor shall vessels CONSTITUTION OF THE UNITED STATES. 657 bound to or from one State, be obliged to enter, clear, or'pay duties in another. No money shall be drawn from the treasury, but in consequence of appropriations made by la* ; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. No title of nobility shall be gratited by the United States : and no- person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolument, office or title of any kind whatever, from any king, prince, or foreign state. Section 10. No State shall enter into any treaty, alliance, or con- federation; grant letters of marque and reprisal; coin money'; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts ; pass any bill of attainder, ex post facto law, or iaw impairing the obligation of contracts, or grant any title of nobility. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely neces- sary for executing its inspection laws : and the net produce of all duties and imposts laid by any State on imports or exports shall be for the use of the treasury of the United St&tes ; and all such laws shall be subject to the revision and control of the Congress. No State shall, without the consent of Congress, lay any duty of ton- nage, keep troops or ships-of-war in time of peace, enter into any agree- ment or compact with another State, or with a foreign power, or engage in war, unless actually invaded, ob in such imminent danger as will not admit of delay. AETICIiE n. Section 1. The Executive power shall be vested in a President of the United States of America. He shall hold his office, during the term^ of four years, and, together with the Vice-President, chosen for the same term, be elected as follows : Each State shall appoint, in such manner as the Legislature thereof may direct, a number of Electors, equal to the whole number of Sena- tors and Kepresentatives to which the State maybe entitled in the Con- gress : but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an Elector. The Congress may determine the time of choosing the Electors, and the day on which they shall give their votes; which day shall be the same throughout the United States. VOL. I. — 42 658 APPENDIX. No person, except a natural-born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the oflSoe of President ; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President; and the Congress may, by law, provide for the case of removal, death, resignation, or ina- bility, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected. The President shall, at stated times, receive for his services a compen- sation, which shall neither be increased nor diminished during the period for which he shall have been elected ; and he shall not receive, within that period, any other emolument from the United States, or any of them. Before he enters on the execution of his office, he shall take the fol- lowing oath or affirmation : " I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of my ability, preserve, protect and defend the Constitution of the United States." Section 2. The President shall be Commander-in-chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United Stat^ ; he may require the opinion, in writing, of the principal officer in each of the Executive Departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur ; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint Ambassadors, other public Ministers, and Consuls, Judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law : but the Congress may, by law, vest the appointment of such inferior officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of De- partments. The President shall have power to fill up all vacancies that may hap- CONSTITUTION OF THE UNITED STATES. 659 pen during the recess of the Senate, hy granting commissions which shall expire at the end of their next session. Section 3. He shall,' from time to time, give to the Congress infor- mation of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedieht : he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjourn- ment, he may adjourn them to such time as he shall think proper; he shall receive Ambassadors, and other public Ministers; he shall take care that the laws be faithfully executed, and shall commission all the ofiSoers of the United States. , Section 4.; The President,, Vice-President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misde- meanors. ARTICLE in. Section 1. The Judicial Power of the United States shall be vested in one Supreme Court, and in such inferior Courts as the Congress may, from time to time, ordain and establish. The Judges, both of the Supreme and inferior Courts, shall hold their offices during good beha- viour, and shall, at stated times, receive for their services a compensa- tion, which shall not be diminished during their continuance in office. Section 2. The Judicial Power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority ; to all cases affecting Ambassadors, other public Ministers, and Consuls ; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party ; to controversies between two or more States ; between a State and citizens of another State ; between citizens of different States ; between citizens of the same State claiming lands under grants of different States ; and between a State, or the citi- zens thereof, and foreign States, citizens, or subjects. In all cases affecting Ambassadors, other public Ministers, and Con- suls, and those in which a State shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. The trial of all crimes, except in cases of impeachment, shall be by jury ; and such trial shall be held in the Sute where the said crimes 660 APPENDIX. shall have been committed ; but when not committed within any State, the trial shall be at such place or places as the Congress may, by law, have directed. Section 3. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open Court. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. ARTICLE iv^ Section 1. Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. Section 2. The citizens of each State shall be entitled to all privi- leges and immunities of citizens in the several States. A person charged in any State with treason, felony, or other crime, who shall flee from justice, and be found in another State, shall, on de- mand of the Executive Authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime. No person held to labor or service in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regu- lation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. Section 3. New States may be admitted by the Congress into^ this Union ; but no new State shall be formed or erected within the jurisdic- tion of any other State ; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legis- latures of the States concerned, as well as of the Congress. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belong- ing to the United States ; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any par- ticular State. Section 4. The United States shall guarantee to every State in this CONSTITUTION OF THE UNITED STATES. 661 Union a republican form of government, and shall protect each of them against-invasion, and on application of the Legislature, or of the Execu- tive (when the Legislature cannot be convened), against domestic violence. AETICLE v. The Congress, whenever two-thirds of both Houses shail deem it necessary, shall propose amendments to this Constitution, or, on the application of the Legislatures of two-thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid, to all intents and purposes, as part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress : provided that no amend- ment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the Ninth Section of the First Article ; and that no State, without its con- sent, shall be deprived of its equal sufirage in the Senate. ARTICLE vr. All debts contracted, and engagements entered into, before the adop- tion of this Constitution, shall be as valid against the United States nnder this Constitution, as under the Confederation. This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the Judges in every State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary not- withstanding. The Senators and Kepresentatives before-mentioned, and the Mem- bers of the several State Legislatures, and all Executive and Judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. AETIOLB VII. The ratification of the conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same. 662 APPENDIX. Done in Convention by the unanimous consent of the States present the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the Independence of the United States of America the twelfth. In witness whereof, we have hereunto subscribed our names, GEO. WASHINGTON, President and Deputy from Virginia. NEW HAMPSHIRE. John Langdon, Nicholas Gilman. MASSACHUSETTS. Nathaniel Gorham, Eufus King. CONNECTICUT. Wm. Saml. Johnson, Roger Sherman. NEW YORK. Alexander Hamilton. NEW JERSEY. WiL: Livingston, David Brearlet. Wm. Paterson, Jona. Dayton. PENNSYLVANIA. B. Franklin, Thomas Miflin, RoBT. Morris, Geo : Cltmer, Tho : FiTzsiMONS, Jared Ingersoll, James Wilson, Gouv: Morris. DELAWARE. Geo : Read, Gunning Bedford, Jun'r. John Diokins^n, Richard Bassett. Jaco: Broom, MARYLAND. James M'Henry, Dan : op St. Thos. Jenifer. Danl. Carroll, VIRGINIA. John Blair, James Madison, Jr. NORTH CAROLINA. Wm. Blount, Rich'd Dobbs Spaight. Hu. Williamson, AMENDMENTS TO THE CONSTITUTION. 663 SOUTH CAROLINA. J. Rtjtledge, Chaeles Coteswoeth Pinok.net, Charles Pincknet, Pierce Butler. GEORGIA. William Few, Abr. Baldwin. -A-ttest: William Jackson, Secretary. AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES. article I. Congress shall make bo law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assem- ble, and to petition the Government for a redress of grievances. article ii. A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not.be in- fringed. article in. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in manner to be pre- scribed by law. ARTICLE IV. ^ The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or aflSrmation, and particularly describing the place to be searched, and the persons or things to be seized. article v. No person shall be held to answer for a capital, or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject 664 APPENDIX. fcr the same oflFence to be twice put in jeopardy of life or limb ; nor sball be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property, without dup process of law; nor shall private property be taken for public use without just compen- sation ARTICLE VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation ; to be confronted with the witnesses against him ; to have compulsory process for obtaining witnesses in his favor j and to have the assistance of counsel for his defence. ARTICLE VII. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law. ARTICLE VIIL Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. ARTICLE IX. The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. ARTICLE X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respec- tively, or to the people. No. VI. RATIFICATION OF THE CONSTITUTION BY THE SEVERAL STATES. The Constitution was adopted on the 17th of September, 1787, by the Convention appointed in pursuance of the resolution of the Congress of the Confederation of the 21st of February, 1787, and was ratified by the Conventions of the several States, as follows, viz. : 5yO onventi on of Delaware, on the 7th December, 1787. <( (( Pennsylvania, (( 12th December, 1787'. (1 « New Jersey, (( 18th December, 1787. (( « Georgia, (1 2d January, 1788. « (( Connecticut, a 9th January, 1788. C( (C Massachusetts, (I 6th February, 1788. « (( Maryland, (( 28th April, 1788. (( It South Carolina, i( 23d May, 1788. (( « New Hampshire, (( 21st June, 1788. (( « Virginia, (1 26th June, ,1788. f( u New York, (( 26th July, 1788. K u North Carolina, (( 21^t November, 1789. U u Bhode Island, (( 29th May, 1790. (665) No. YII. THE SETTLEMENT OF VERMONT. All the British settlements in North America, except Pennsylvania, had encountered the early hostility either of Indians or the colonies of other European Powers j but the people of Vermont had been involved in civil strife with their brethren of other colonies or States from its first settlement until its admission into the Union. The history of its seve- ral controversies is a tangled web, which we shall now endeavor briefly to unravel. The territory which constitutes the State of Vermont, lying on the western bank of the Connecticut, between New England, New York, and Canada, long remained to those colonies an unsettled frontier. Its first settlement was at Fort Dummer, made by Massachusetts, in 1724. One of those questions about boundary, so common at that period, had previously existed between Massachusetts and New Hampshire, and the question was finally settled in 1740 by the King in council, who decided the settlement of Port Dummer to be within the jurisdiction of New Hampshire. The lands in the vicinity, between the Connecticut and Lake Cham- plain,' being very fertile, soon attracted settlers, who were so encouraged by the Governor of New Hampshire, Benning Wentworth, that, in 1749, he there granted a township of six miles square, to which he gave the name of Bennington. Grovernor Clinton, of New York, claiming the Connecticut as the eastern boundary of New York, under the charter of Charles the Second to the Duke of York, considered Bennington to be within the jurisdic- tion of that province. Wentworth, however, justified the grants he had made to the west of the Connecticut, by the examples of Massachusetts and Connecticut. Clinton replied that Connecticut was warranted in the extension of her line by an express agreement with New York, made with the royal sanction ; and that Massachusetts, as he presumes, had obtained the lands in her possession by intrusion, and had continued in possession by the negligence of New York. (666) THE SETTLEMENT OF VEBMONT. 667 The two Governors then agreed to refer the matter to the royal deci- sion ; but without waiting for that decision, Wentworth continued to make new grants, and, in the course of four or five years, he granted several similar townships. During the war of 1754, between Great Britain and France, all further grants were suspended ; but, after the peace, when Canada became a British province, these settlements were so much encouraged, that, in 1761, the number of these townships amounted to sixty j by the fees for which, and the land reserved to the Governor in each township, Wentworth amassed a large fortune. Meanwhile, the conflicting claims of New York and New Hampshire were revived with spirit after the peace, and, in 1763 and 1764, they were supported by the proclamations of the respective Governors, when, in July, 1764, the controversy was decided by the King in council in favor of New York. All the grants which had been made by Went- worth, lying to the west of the Connecticut, were thus within the juris- diction of New York ; and the Government of that province, giving to the royal decision a retrospective operation, maintained that the New Hampshire grants were void. It therefore laid oflf the district into counties, and proceeded to make new grants of the lands. In the alarm and confusion which this measure produced among the New Hampshire grantees, the more timid yielded to the authority of New York, but the greater number resisted ; and mobs and riots, sometimes attended with bloodshed, gradually matured into an organized opposition to the course of New York, which the grantees regarded as equally unjust and oppres- sive. On this occasion, Ethan Allen and Seth Warner took the lead. Deputies were chosen by the grantees to represent their grievances to the British Government. They were favorably heard, and in 1767 the province of New York was prohibited from making any further grant of lands in the disputed territory. It seems, however, that the grants of these lands was too profitable both to those who made, and those who received them, to be discon- tinued in obedience to the royal mandate. The courts of New York, moreover, attempted to enforce her grants, and the New Hampshire grantees continued to resist them by open acts of violence. This state of hostility was at its height wh6n the Kevolution broke out, and diverted the minds of the disputants to a yet more serious contest. Con- gress then became the umpire to which both parties looked. In January, 1776, the New Hampshire grantees met in convention, and prepared a petition to Congress, in which they offered to contribute their full quotas towards the war ; but they declared their unwilling- ness to be subjected to the Govei:nment,of New York. The committee 668 APPENDIX. of Congress to whom the subject was referred recommended to the grantees a submission to New York. This recommendation had no other effect than to excite discontent. The grantees held several other meetings, and in January, 1777, a general convention of the towns on both sides of the Green Mountains met at Westminster, and then de- clared themselves independent, under the name of "New Connecticut alias Vermont." They drew up a petition to Congress, asking to be admitted into the Union, and appointed Deputies to present and enforce it. In the following July, they formed a constitution for their self- created State. Their application was actively opposed by New York ; and in June, Congress passed resolutions unfavoraole to the Vermont petitioners, and dismissed their petition. The State of New Hampshire had hitherto seemed favorable to the claim of her grantees to a separate independence, but her friendly senti- ments now underwent a change. A portion of her inhabitants (sixteen towns) east of the Connecticut were desirous of uniting themselves with those on the west, and petitioned the Assembly of Vermont to receive them. Their application having been favorably received, they an- nounced to New Hampshire that they had withdrawn from its juris- diction. This attempt was followed by other combinations and projects of division, which threatening danger" and embarrassment, the people of Vermont deemed it prudent to separate themselves from their recent associates, the sixteen eastern towns. But the people of New Hamp- shire, alienated from Vermont by her previous course, applied, in 1780, to Congress to re-annex the whole of Vermont to their State ; and New York made a similar application for herself. Massachusetts now also put in a claim to a part of Vermont, so that there were, at this time, no less than four claims to her lands. Congress was unable to adjust their rival pretensions, but was evidently opposed to her separate sovereignty. The majority of the people, however, firmly asserted her rights, and resenting the supposed ill-treatment of Congress, became indifferent to admission into the "Union, saddled as it was with a heavy public debt. Some British officers, informed of this change of feeling in Vermont, made overtures, in 1780 and 1781, to Ethan Allen and other leading men in Vermont, to re-unite themselves with Great Britain. Allen returned no answer to these overtures, and finally communicated theoT to Congress. The course of some of the other Vermonters, purposely of an ambiguous character, afforded to the British agents lively hopes of success. This temporizing policy was subsequently justified by the THE SETTLEMENT OF VERMONT. 669 feeble condition of Vermont, and its exposure to the power of the British in Canada. The justification seems to have been deemed satisfactory by the people of Vermont. An apparent vacillation, at this time, in the policy both of that State and of Congress is plainly referable to the circumstances already men- tioned. After Vermont had terminated her connection with the eastern towns of New Hampshire, finding her claiitis to independence still thwarted, both by that State and New York, she determined to retaliate their policy, by inviting portions of those States to unite with her ; and her efforts met with partial success in both States, aided as they were by British agents, and by all the disaffected : and though Congress had hitherto steadily opposed the independence of Vermont, yet, when they found that British agents were endeavoring to make it a British pro- vince, they, in August, 1781, appointed a committee to confer with the people of Vermont on the terms of their admission into the Union. By another resolution, passed a fortnight later, they required Vermont, be- fore her admission, to relinquish all claims to lands or jurisdiction east of the Connecticut. This last resolution produced, at first, some discontent in Vermont, but was finally assented to, owing, in part, to the seasonable interposi- tion of (jreneral Washington ; and the Legislature appointed agents to negotiate with Congress the terms of their admission into the Union. But Congress then returned to its former policy, and the proposition, in April, 1782, to admit Vermont, was negatived. Great discontent was produced in Vermont by this vote ; but it seems to have been mani- fested by no important measure. In December of that year, Congress passed a vote of censure on Vermont for extending its jurisdiction over citizens of New York ; to which measure of Congress, first the G-overnor and Council, and subsequently the Legislature of Vermont, resppnded by a spirited remonstrance. Though the peace put an end to these bickerings, they had cooled the desire of Vermont to enter the Union. Matters so remained until 1789, when New York, anxious to strengthen the new government, and hoping to be its seat, passed a law by which it assented to' the admission of Vermont into the Union, on condition that she would pay to New York thirty thousand dollars, to indemnify her grantees. Ver- mont acceded to the proposal, and the chief diflBculty being now removed. Congress, in 1791, passed a law for admitting Vermont in the Confederacy ; and thus, in spite of the united opposition of New York and New Hampshire, of their own intestinal dissensions, and the sedue- 670 APPENDIX. tions of British power, the inhabitants of the " New Hampshire Grants" finally attained the political condition they had so eagerly coveted, and through such various difficulties had so wisely and firmly maintained. Those who would wish to obtain fuller details of this interesting por- tion of American annals, may find them in Williams's History of Ver- mont, Slade's Vermont State Papers, and the fourth volume of the Documentary History of New York. THE END OF THE FIRST VOLUME.