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Chapter IV: Part 4

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The logical, thorough reasoning behind the content of the Declaration is easily apparent. The first part of this document describes the nature and the purpose of a government and the belief that a people have the right to change their government when it no longer fulfills the purpose for which it was created. Then Jefferson enumerated the various acts of the King and of the British Parliament which the American colonists considered most unfair and contrary to the purpose of the original founding of the colonies, as justification for their desire to change their type of government. The next section reaches a conclusion from the previous two sections: namely, that the colonists are renouncing their allegiance to the King and are declaring that "these colonies are, and of right ought to be, Free and Independent States."

On July 4, 1776 twelve states had voted for the adoption of the Declaration of Independence. The thirteenth one, New York, accepted it on July 9. On July 19, a resolution was adopted by the Second Continental Congress to have the July 4 Declaration engrossed on parchment entitled "The unanimous Declaration of the thirteen United States of America" and, upon its completion, to have it signed by each member. Fifty of the fifty-six members signed the official document by August 2, and, of the remaining six signers, two were Virginians: George Wythe who signed it later in August and Richard Henry Lee who signed it in September. The seven Virginia delegates who signed the Declaration of Independence were Carter Braxton (farmer), Benjamin Harrison (farmer), Thomas Jefferson (lawyer), Richard Henry Lee (farmer), Francis Lightfoot Lee (farmer), Thomas Nelson, Jr. (soldier) and George Wythe (lawyer).

After Richard Henry Lee had introduced his independence resolution, he proposed another one suggesting that a permanent central government be created for the new United States. A committee was appointed to draw up such a plan and, in 1777, it submitted the Articles of Confederation to Congress. From 1775 to 1781, the Continental Congress acted as the central governing body of the United States.

After Lord Dunmore had bombarded Norfolk in January 1776, he went up the Chesapeake Bay to Gwynn's Island, near the present-day Mathews County mainland. With about 500 men he set up a camp there in May 1776. General Andrew Lewis, whom he had fought previously along the Ohio River, encamped with a small Virginia army on the shore opposite the island on July 8. Although it was very difficult to plant the cannon on the sandy shores, the next day General Lewis and his troops fired upon the camp and the fleet and badly damaged many of the ships. However, when his men invaded the island on the next day, they found it evacuated. Lord Dunmore had sailed away from Virginia taking with him the last governorship endowed with royal power. Thus, the Battle of Gwynn's Island or Cricket Hill was famous because of its effect of driving the last royal Governor from Virginia. It was, in a sense, ironic that Patrick Henry, who had been detested by Lord Dunmore while Dunmore was Governor of Virginia, became the first elected Governor of the Commonwealth of Virginia.

During the governorship of Patrick Henry, population growth was again apparent by the formation of eight new counties in 1777-1778. These counties were: Montgomery (formed from Fincastle County and, later, parts of Botetourt and Pulaski and named for General Richard Montgomery--an American Revolutionary officer), Fluvanna (formed from Albemarle County and named for Queen Ann), Washington (formed from Fincastle County and, later, parts of Montgomery, named for George Washington and having the distinction of being the first locality in the United States so named), Powhatan (formed from Cumberland County and named for Powhatan, the father of Pocahontas), Rockbridge (formed from Augusta and Botetourt Counties and named in honor of the Natural Bridge--a natural wonder of Virginia), Rockingham (formed from Augusta County and believed named for the Marquis of Rockingham, England's Prime Minister), Shenandoah (originally, Dunmore County and named for the Indian-named Shenandoah River which translated means "Beautiful Daughter of the Stars") and Henry (formed from Pittsylvania County and named in honor of Patrick Henry).

George Rogers Clark, an older brother of William Clark of the well-known Lewis and Clark expedition, had explored and had surveyed much of the territory south of the Ohio River in the area now called Kentucky: at this time, it was the western part of Fincastle County. He believed that this section was ready to become an independent county and felt that, under such political status, the settlers could better organize and protect themselves. Only the Virginia Assembly could authorize the formation of this new county in 1776. Clark, therefore, called the settlers together, explained his objective for Kentucky and succeeded in getting John Gabriel Jones and himself elected as delegates to make a personal visit to the Virginia General Assembly at Williamsburg. The trip was long, difficult and dangerous, and to their dismay, the Assembly had already adjourned before they arrived. Being a determined individual, however, Clark decided to talk to the newly elected Governor, Patrick Henry, at his home. Hence, he traveled to Hanover County, discussed his problem with the Governor and sought permission to fight the Indians of the Kentucky area and to secure powder for the settlers' muskets. His trip was successful and, on December 7, 1776, the western part of Fincastle County was authorized to become the County of Kentucky in Virginia.

The British had been helping and encouraging Indian raids at this time in Kentucky, along the border settlements of Virginia and in the Illinois area. Clark believed that the Illinois area rightfully belonged to Virginia and felt that it must be conquered in order to attain peace for the Virginia settlers. The reports of official observers convinced him that this land could be invaded and captured with little effort. He returned to Williamsburg to get Governor Henry's approval for this objective and was happy to be commissioned to raise several companies of soldiers to be used in the invasion of the Illinois territory. Clark obtained his troops, and, after traveling north through Virginia and then westward to the Ohio River, they floated down the Ohio River on rafts and in boats. They landed near Louisville on the northern bank of the Ohio and marched westward approximately two hundred miles to Fort Kaskaskia. On July 4, 1778, they captured Fort Kaskaskia and its leader, Colonel Henry Hamilton. Marching another 150 miles northeastward, on February 25, 1779 they captured Fort Vincennes on the banks of the Wabash River. The post of Cahokia was also captured. In honor of his great bravery and extremely difficult marching, Clark was entitled the "Hannibal of the West." This entire area was known as the Northwest Territory, and these conquests of Clark and his troops gave Virginia complete claim for the control of this area as part of the Virginia state at the end of the American Revolution in 1783. Without such conquests, England would undoubtedly have held this territory after the Revolution, and it would probably have been an important part of Canada today. Simultaneously, the capture of these forts reduced the danger of Indian attacks considerably.

When the city of Philadelphia was about to be occupied by British troops on September 18, 1777, the famous Liberty Bell was taken from the State House in Pennsylvania for safekeeping. It was camouflaged with the heavy baggage of the American army in a supply train of 700 wagons and was carefully guarded by two hundred Virginian and North Carolinian cavalry-mounted troops. It was hidden in the Zion Church in Allen town, Pennsylvania, until June 27, 1778 when it was returned to its tower in Independence Hall.

During the same month and year, Henry Lee, a native of Westmoreland County, Virginia, who had been a captain in Colonel Thomas Bland's legion of Virginia cavalry, joined Washington's army in Pennsylvania. His personal achievements were many in this assignment and his excessive courage was noted by Washington. He was soon promoted to major and was given special command of three troops of horsemen plus an infantry company. He became a great annoyance to the British while they were on the march as well as in camp. This comparatively small group became so distinguished that they earned the tide of "Lee's Legion" and Henry Lee was nicknamed "Light Horse Harry" Lee. He later captured an important British post at Paulus Hook, New Jersey, and fought diligently also in South Carolina, North Carolina and Georgia. He was awarded a gold medal by the Continental Congress for his brilliant cavalry exploits during the Revolutionary War.

On May 9, 1779, a Britisher, General George Collier, arrived at Hampton Roads with approximately 2,000 troops. They used Portsmouth as a base and after making several raids in that area, destroyed not only the American navy yard at Portsmouth (called Gosport at this time) but also large supply deposits stored there. After awaiting reinforcements from General Henry Clinton in New York, they decided to abandon Virginia because they believed a Virginia blockade had prevented these reinforcements from arriving. Upon their departure, the inhabitants of Virginia were once more able to carry on necessary and important trade with the West Indies.

During this same year, a most unusual naval feat occurred in the Revolutionary War. John Paul Jones was in command of an American ship called the "Bonhomme Richard" off the coast of England when he spotted a British warship, the "Serapis." After fierce fighting between the two ships, although his own ship sank, he captured the "Serapis" and sailed away in it. Virginia had the honor of providing the greatest naval hero of the Revolutionary War, John Paul Jones.

Thomas Jefferson was the second elected Governor of the Commonwealth of Virginia. He held this office during most of the Revolutionary War Period. In addition to peace and military warfare, Jefferson had personal interest in religion and in education. In 1779, he wrote a proposed "Statute of Virginia for Religious Freedom." He believed that the State Constitution had not included practical religious liberty although the theory of religious freedom had been guaranteed. Jefferson's proposal was finally passed by the General Assembly of Virginia in 1785. It is considered as one of the greatest Virginia documents because it guaranteed religious freedom to all.

While serving as Governor, Jefferson proposed a plan for education called "A Bill for the More General Diffusion of Knowledge." He based this plan upon the premise that democracy would be more successful if greater numbers of individuals were educated. The plan was an attempt on his part to encourage the establishment of free public schools for the children of the wealthy and the poor alike. This proposal suggested three years of free elementary schooling for all children regardless of their social or financial condition, free secondary education for those individuals who were mentally equipped to gain from this experience and free higher education for those who had displayed above average scholastic qualifications. The bill was not passed, but it resulted in a consideration of the possibility of public education at this time. Another example of Jefferson's enthusiastic interest in education was his personal establishment, in 1779, of a chair of law at William and Mary College in honor of a former teacher, a great lawyer and a personal friend, George Wythe. As a result, George Wythe had the distinction of being the first professor of law in the United States in the first law school in America.

While Jefferson was still Governor, the capital was moved in 1780 from Williamsburg to Richmond in an effort to escape the invading British soldiers and to provide a safer place of protection for the future. Lord Cornwallis, at this time, was proceeding with his plans to move north through the Carolinas to Virginia. Cornwallis had had a great victory at Camden, South Carolina, and had decided to persuade many of the western mountain people to fight on behalf of the British. Americans who favored the British in this revolution were called "Tories" and those who favored the Americans were called "Patriots."

Cornwallis sent Major Patrick Ferguson and approximately a thousand Tories to threaten these mountain folk in North Carolina and Southwest Virginia to the extent of marching over their land, causing destruction and hanging their leaders unless they discontinued their past resistance to the British army. Two American military frontiersmen, Colonel John Sevier and Colonel Isaac Shelby, decided to organize a group of riflemen and attack Ferguson before he had the opportunity to cross the mountains and attack them. They contacted Colonel William Campbell whose duty had been to protect the lead mines in Wythe County whose resources were being mined and smelted for equipment for the American soldiers. Colonel Campbell was invited to join Colonel Sevier and Colonel Shelby in their attack against Ferguson. He accepted and later was selected by the officers as their commander. Ferguson heard of their plan and selected a wooded mountain ridge on the border between North Carolina and South Carolina, called King's Mountain, for his battlefield. Ferguson's troops far outnumbered Colonel Campbell's troops and were much better equipped with military supplies. Colonel Campbell's troops, however, defeated the British badly on October 7, 1780. Major Ferguson and two hundred other Britishers were killed in battle. This Battle of King's Mountain is often called the turning point of the Revolutionary War in the South because not only did it upset the military strategy of Cornwallis but it also encouraged the southern patriots at a time when the morale had been low. Colonel Campbell was promoted to a Brigadier-General as a direct result of this battle. The British in the meantime had sent General Alexander Leslie to Portsmouth with approximately 3,000 troops. After the severe British defeat at King's Mountain, he left Portsmouth and headed his troops south to join Cornwallis.

Morale in Virginia at this time was very low because there was a great shortage of clothing, military equipment and supplies, there was a lack of money in the state treasury, Virginia soldiers were fighting outside their state and British soldiers in large numbers were stationed in eastern and central Virginia. General William Phillips and Cornwallis had seized and destroyed property valued at ten million dollars in eastern Virginia alone by the spring of 1781.

Meanwhile, by March 1, 1781, the Articles of Confederation had been ratified by all the states and thereby became the basis for the central government of the United States. Since Maryland had refused to ratify the Articles until the states which owned large western land-holdings would cede them to the central government, Virginia, following a pattern of New York State, surrendered most of its large holding claims in 1784. By this action, Virginia ceded the Northwest Territory to the new nation, the United States. The entire region beyond the Ohio River (now comprising the states of Ohio, Indiana, Illinois, Michigan and Wisconsin) had rightfully been claimed by Virginia and cession to the United States for the beginning of its public domain was a most generous gesture on the part of Virginia. This action played an important part in creating a stronger feeling of unity on the part of the thirteen original colonies and in giving Virginia another nickname, "Mother of States."

The Confederation Congress was later faced with the problem of raising revenue for the new government under the Articles of Confederation and for payment of debts caused by the Revolutionary War. The Northwest Territory which Virginia had ceded to the central government had become part of the national domain, public lands of the United States. Congress decided to sell some of this land to obtain necessary revenue. It passed the Land Ordinances of 1785 and 1787, which became practically the written bases for the rest of the frontier settlements. The plan which was the forerunner of these ordinances concerning the public domain was proposed by Thomas Jefferson and enacted on April 23, 1784. In his plan, he outlined the territorial status preceding statehood and originated the idea of dividing the public domain into districts before statehood could be achieved. Two years later, the Confederation Congress gave a grant of 150,000 acres of land to George Rogers Clark and his followers as a reward for their great services in conquering the Northwest Territory and in establishing the only legal claim to this land on behalf of the United States. Virginia also reserved the ownership of 6,000 square miles of land called the Virginia Military District (presently located in the southern part of Ohio).

While General William Nelson, commander of the Virginia forces, was recruiting additional militia in the counties near the coast, twenty-seven British ships entered the Chesapeake Bay and headed for the mouth of the James River. Since Governor Jefferson believed Richmond was not militarily prepared for such an attack, he had the only five brass cannon of the capital city thrown into the river and had the remaining arms and ammunition taken seven miles from Richmond to Westham. On July 4, the Governor evacuated from Richmond and most of the inhabitants did likewise. On the next afternoon, General Benedict Arnold, the American traitor who had joined the British forces, accompanied by nine hundred British soldiers captured and burned Richmond unopposed. For two days the British burned and destroyed public and private property and later returned leisurely to Portsmouth.

Subsequently, as some of the British vessels attempted to sail up the Appomattox River, General Smallwood accompanied by three hundred American soldiers armed only with muskets attacked the British fiercely and drove them down the river. A short time later, General William Phillips brought additional British troops to combine with those of Arnold and took command over General Arnold. The combined forces marched first to Petersburg and then to Manchester (now, South Richmond). Lafayette had been placed in charge of the defense of Virginia at this time and he arrived in Richmond two days after Phillips had arrived. When General Phillips heard that Lafayette was in Richmond, he changed his mind and decided not to attack this city. In the meantime, Colonel Simcoe had been sent by General Arnold to Westham where he destroyed the military stores and the foundry. During this same period, General Phillips had sent General Arnold to Chesterfield Court House where he destroyed the barracks and burned the flour as they had previously burned the tobacco at Petersburg. As General Phillips was proceeding down the James River towards Chesapeake Bay, he received a message from General Cornwallis ordering him to meet with his forces at Petersburg so Phillips returned to Petersburg. Four days after he had arrived, General Phillips died of a fever in Petersburg and General Arnold succeeded to the command once more.

General Arnold, however, realized the hatred of the Virginians toward him for the burning and destruction for which he was responsible in Richmond. Consequently, after his army had united with Cornwallis' troops at Petersburg, he asked for a transfer to New York. Cornwallis, who disliked Arnold himself, granted the request. When Lafayette was informed of the tremendous number of British soldiers massed in Petersburg, he realized that it would be futile for his comparatively small force of 3,000 men to try to combat them. Consequently, he retreated slowly from Richmond towards Fredericksburg where he was joined by General Anthony Wayne. Cornwallis who had expected to trap Lafayette and his army was surprised by the orderly retreat and decided not to attack Richmond again as the legislature had already withdrawn to Charlottesville. On May 10, 1781, as the British neared Richmond, Governor Jefferson had ordered the General Assembly, which was then in session, to leave Richmond and continue the session at Charlottesville on May 24. Thus, Charlottesville for a brief time was the official capital of Virginia. Governor Jefferson's home, Monticello, was used as a guest house for many of Jefferson's legislative friends. Cornwallis decided to capture Jefferson who was at his home at Monticello, approximately three miles from Charlottesville, to seize the legislators at Charlottesville and to destroy a large quantity of military stores at a place called Point-of-Fork (at the junction of the Rivanna and James Rivers). Cornwallis believed that such a plan, if successfully carried out, would result in the complete surrender of the State of Virginia. Therefore, Cornwallis divided his cavalry into two groups: one commanded by Colonel John G. Simcoe who was to proceed to Point-of-Fork and the other commanded by Colonel Banastre Tarleton who was to proceed to Charlottesville, approximately seventy miles from his headquarters. After accomplishing these objectives, Tarleton was to continue to Point-of-Fork and help Colonel Simcoe.

General Baron Von Steuben heard about Simcoe's plan and was able to have all the military stores hauled across the river before his arrival. Simcoe, however, used military strategy in this instance which worked most successfully: he had his men spread out, cut down trees and build large camp-fires at great distances apart thus giving the impression that all of Cornwallis' army was on this campaign. General Steuben observing the large radius of camp concluded that Cornwallis' entire force was across the river. Consequently, he had his lighter baggage moved and had his troops evacuate the area. Simcoe destroyed all the heavy baggage and military stores and returned successfully to Cornwallis the next morning.

The British soldiers under Colonel Tarleton stopped for refreshments in Louisa County at a place called Cuckoo Tavern. The tavern keeper had an American soldier son, Captain Jack Jouett of the Virginia Militia, who happened to be at the tavern but out of sight of tavern visitors on that particular Sunday afternoon. He observed the two hundred and fifty British soldiers, overheard some of their personal conversations and their casual references to their military mission. He waited until the British had departed from the tavern and then he traveled on horseback over a different road--forty miles of brush and thicket, field and forest, vines and brambles. He rode without delay although the scars of some of the branches which struck him in the face as he was riding so rapidly became permanent ones. He believed that the British would probably make another stop for refreshments at the home of Dr. William Walker, the only one in the vicinity. Thus, he took time out to warn them of Tarleton's plans and to urge them to delay the British as long as possible. Jouett reached Monticello at dawn, roused the inhabitants within and informed them of Tarleton's plan. Jefferson and his guests fled on horseback and Mrs. Jefferson and their three children escaped to a neighbor's house by carriage. As the British rode up one side of the steep hill of Monticello, the Governor and his friends reached the bottom of the hill on the other side. Jouett then safely led the Governor's party via a secluded road to Staunton, which became another temporary capital. In the meantime, Tarleton had tarried before coming to Monticello to burn a wagon train filled with Continental Army supplies and had stopped as predicted at Castle Hill, the home of the Walkers. Mrs. Walker fed the soldiers before the officers, thus causing an added delay in their departure. Jack Jouett can be truly classified as the "Paul Revere of the South." The Assembly members were so appreciative of the courage and perseverance of Jouett that they subsequently presented him with a sword and a pair of pistols.

_Gunston Hall_

_Home of George Mason, Author of "Declaration of Rights"_]

On July 4, 1781, General Cornwallis and his troops left Williamsburg, fought an inconsequential battle at Greenspring (near Jamestown) and then crossed the James River to Portsmouth where he proceeded to Yorktown. By September 1781, he had approximately eight thousand soldiers garrisoned on the peninsula at Yorktown. He had selected this site because he thought it was a secure one: the Chesapeake Bay was on the east, the York River on the north and the James River on the south. Actually, he had placed his soldiers in a most penetrable trap.

Marquis de Lafayette played an important part in the Revolutionary War. An outstanding example of foreign help received by the Americans, Lafayette had volunteered at the age of nineteen to serve in the American Army in 1777. After arriving from France in North Carolina, he rode horseback to Philadelphia to appear personally before the Continental Congress to offer his services to the American colonies. He had been appointed a Major-General by Congress and had been placed on Washington's staff. He had fought in the Battle of Brandywine Creek (Pennsylvania) and had been seriously wounded. His outstanding bravery had been recognized by Washington and they had begun a strong friendship which was to continue throughout their lives. He had endured with Washington the terrible winter at Valley Forge, Pennsylvania (1777-1778) and acted as a morale builder to Washington's disheartened forces. He had been the hero at the Battle of Monmouth, New Jersey. After France had officially recognized the independence of the United States, Lafayette had returned to France, and, after encouraging many French soldiers to help the Americans fight, he had rejoined Washington. In 1781, Washington had sent him to defend and protect Virginia where he had cleverly pursued Cornwallis from near Charlottesville to Yorktown. After his role in the final strategy of Yorktown defense and his return to France, one can understand why Virginians consider Lafayette one of their heroes and have a famous bust of him created by the great sculptor, Jean Antoine Houdon, located in the rotunda of the State Capitol Building in Richmond.

As soon as Lafayette had noticed Cornwallis gathering his troops at Yorktown, he realized the possibility of surrounding Cornwallis and his forces since Lafayette was so well acquainted with this terrain. He immediately informed Washington of this situation and Washington quickly headed for his home state. In the meantime, General Lafayette surrounded Cornwallis and his troops on the south and on the west. Simultaneously, a fleet of twenty-five French warships from the West Indies under command of Admiral de Grasse sailed up the Chesapeake Bay with 3,000 French troops. This movement prevented Cornwallis from either receiving British enforcements or from escaping out to sea. General Washington, after feigning an attack against General Henry Clinton in New York, rapidly moved his army southward, joined with the forces of General Count de Rochambeau. Washington soon attacked the British on the north and on the west. Although Cornwallis realized that he was completely surrounded by American and French forces, he and his troops fought valiantly for weeks.

The home of General Thomas Nelson, the Governor of Virginia at this time, was located in Yorktown. General Cornwallis had taken possession of this house for his headquarters at Yorktown. Out of deference to the Governor, the American soldiers had refrained from firing upon it. However, General Nelson ordered them to fire upon the house, regardless of its sentimental value, because it housed British officers. The first shot killed two British officers and a cannon ball still embedded in one wall may be observed today in the Nelson House at Yorktown.

Finally recognizing the futility of fighting any longer, on October 17, 1781, General Cornwallis requested a parley, ordered a cease firing, and exchanged messages with Washington. At two o'clock of the next afternoon, Cornwallis selected the Moore House in Yorktown for a discussion of surrender terms: this house was out of range of the firing and conveniently located. The British, the French and the Americans sent representatives for the consultation, John Laurens representing the Americans. After long discussion and debate, the articles of capitulation were agreed upon and the generals signed them the next day. At twelve o'clock on October 19, 1781, the British signing was done by General Cornwallis and Thomas Symonds, the American signing by General Washington, and the French signing by General Rochambeau and Count de Barras for Count de Grasse. On October 19, at 2 p.m., as agreed upon by the surrender terms, the British army of 7,000 troops left Yorktown and laid down their arms at Surrender Field, just south of the town. They marched between two long lines of the French on one side and the Americans on the other side. General Charles O'Hara, the leader of the British, apologized to Washington for the non-appearance of Lord Cornwallis who was reported ill. The Battle of Yorktown ended the Revolutionary War although the peace treaty was not signed until 1783.

In this same year, the American army was demobilized. George Washington bade farewell to his officers at Fraunces' Tavern, New York City, on December 4, resigned on December 23 and returned to Mt. Vernon to retire. Already he had won the admiration of the new nation for his continued courage, bravery and great military strategy so ably exemplified during the American Revolutionary War. He also had earned the well-deserved title: "The Sword of the Revolution."

_The Adoption of the United States and State Constitutions_

By 1785, the Americans began to realize that the Articles of Confederation were too weak to become effective. The central government did not have sufficient political power to govern, the lack of a single executive resulted in a lack of leadership, the Confederation Congress could make laws but had no power to enforce them, the Congress could issue paper money and coins but had no power to buy gold and silver for backing this money and the Congress could levy taxes but had no power to collect them. There was no provision for a national court system. In order to pass a law, nine states had to agree in its favor; in order to amend the Articles, all thirteen states had to agree. Under the Articles of Confederation, the government was a confederacy in which each state retained its own political authority and the central government was responsible to the states. The control of foreign and interstate commerce was left entirely to the individual states. Chaos and confusion resulted. Consequently, in 1785, George Washington invited some representatives from Maryland and from Virginia to meet with him to discuss the problem of a stronger central government and to settle a dispute which had arisen concerning the navigation of the Potomac River.

The conference started at the City Tavern (later known as Gadsby's Tavern) in Alexandria and was later continued at Mount Vernon, home of Washington. During the discussion, Washington stated that there should be a common money system for all the states as well as a common plan for regulating domestic and foreign commerce. James Madison was one of the Virginians present, and he felt that there must be other problems of common interest to all the states. Therefore, when the next General Assembly met in January 1786, Madison proposed that representatives from all the states should meet at Annapolis, Maryland on September 11, 1786 to discuss trade problems and other areas of mutual interest. The Virginia legislature, therefore, invited all the states to send representatives to Annapolis to attempt to formulate a uniform currency and commerce system for all the states.

In September 1786, only five states sent delegates to the Annapolis meeting: Virginia, Delaware, New York, New Jersey and Pennsylvania. These delegates, nevertheless, suggested that a convention be held on May 25, 1787 at the State House in Philadelphia for the purpose of revising the Articles of Confederation. After this recommendation had been submitted to the Confederation Congress, it hesitatingly invited all the states to meet the next year at Philadelphia. Virginia sent seven delegates to this Philadelphia convention: George Washington, John Blair, James Madison, George Mason, James McClurg, Edmund Randolph (Governor at this time) and George Wythe.

Seventy-three individuals had been chosen as delegates from the twelve states, but only fifty-six members were present at the convention. All the states were represented at the convention except Rhode Island. When the convention began on May 25, 1787, George Washington was unanimously chosen President of the convention to preside over the meetings and rules of procedure were adopted. It is significant to note the absence of three of the Virginia Revolutionary Period leaders: Richard Henry Lee, Thomas Jefferson and Patrick Henry. Lee declined membership because he believed that, since he was a member of the Confederation Congress and since he thought the revised Articles would be submitted to this Congress for approval, he should not become a member of the Convention to revise the same and, subsequently, be a member of the Confederation Congress which would be asked to pass upon the revised plan. Jefferson was the United States Minister to France at this time and was out of the country. Although Patrick Henry had been elected as a delegate to the convention, he had refused to accept the assignment because he was skeptical about governmental changes which the convention might make. Two Virginians who were present made written comments concerning the type of individuals who represented their states as follows:

(1) George Mason (in a letter to his son)--"America has
certainly, upon this occasion, drawn forth her first
characters.... The eyes of the U. S. are turned upon this
assembly, and their expectations raised to a very anxious
degree." Mason's personal attitude toward the responsibility of
being a state delegate at this convention is summarized in this
remark: "I would not serve upon pecuniary reasons alone in this
convention for a thousand pounds a day."

(2) James Madison--"It contains in several instances the most
respectable characters in the U. S., and in general may be said
to be the best contribution of talents the States could make for
the occasion."

The meetings were held secretly behind closed doors because of the grave problems which the convention had to solve. After the delegates began to discuss the necessary changes which had to be made, they realized the impossibility of simply revising the Articles of Confederation and the absolute necessity of writing a new constitution which would make the central government a much stronger political power. James Madison, a most profound student of government, is considered as the most influential member of the convention. He was the most active speaker at the convention and he kept careful notes of the entire session. Madison is regarded as the "Father of the United States Constitution."

One of the first questions to be decided at the convention was the type of organization of the government. Governor Edmund Randolph presented Madison's "Virginia" Plan recommending a strong, central government and one in which each state would be represented in proportion to its population. This plan is sometimes referred to as the "Large State" Plan because most of the larger states favored it: according to this plan, the more population a state had, the greater the representation. The small states had their plan also: it was presented by William Paterson of New Jersey and is known as the "Paterson" or "New Jersey" or "Small State" Plan. The small states favored states' rights rather than a strong, central government and believed that each state should be represented equally regardless of its population. The "Great Compromise" which was finally adopted was a combination of both plans: a bicameral legislature called Congress was to be created consisting of (1) the House of Representatives with membership from each state based upon the population of the state and (2) the Senate with membership based upon equal representation from each state--two Senators from each state. The plan of government finally adopted provided for a strong central government but with the state governments retaining essential reserve powers.

After the Constitution had been completed on September 17, 1787, it was submitted to the Confederation Congress with the recommendation that Congress inform each state legislature about the Constitution and ask for state ratification. The Constitutional requirement for making the document effective was ratification by nine states. Washington was very eager for the Constitution of the United States to be adopted. He wrote many personal letters favoring its adoption including a public letter in which he reminded the states that each state must be willing to make certain concessions for the benefits of the country as a whole.

Thirty-nine of the fifty-six delegates signed the Constitution. Only three of the six delegates from Virginia signed it: George Washington, John Blair and James Madison. Madison, in fact, was consulted for an opinion on almost every phase of the Constitution. During the campaign period for and against ratification, Madison joined Alexander Hamilton and John Jay of New York and contributed to a series of essays called "The Federalist." The essays included a discussion of the meaning of the various provisions of the Constitution and attempted to prove that the federal or central government would not misuse the power granted to it. Madison wrote twenty of the eighty-five essays contained in "The Federalist." This series of essays is believed to have influenced more people to favor the adoption of the Constitution than any other written or oral effort.

The most influential writings against the adoption of the Constitution were authored by Richard Henry Lee in his "Letters of a Federal Farmer." George Mason and Edmund Randolph refused to sign the Constitution of the United States because it contained no bill of rights, it did not provide either for the immediate prohibition of slave traffic or for the eventual abolition of slavery and, in their opinion, gave Congress too much control over navigation and tariff policies. Edmund Randolph, Governor of Virginia and a delegate at the Philadelphia Convention, played an unusual role: he did not sign the Constitution himself because he did not approve of the final document but he did urge the State of Virginia to accept it because he believed that a union of states was necessary. James McClurg and George Wythe did not sign it because they were absent, but they did encourage the ratification of the Constitution by Virginia.

On June 2, 1788, a Virginia State Convention was held in Richmond to determine whether or not Virginia would accept the new Constitution of the United States. There were one hundred and sixty-eight official delegates present, and they elected Edmund Pendleton president of the convention. Sectionalism appeared obvious in the state at this time: the Piedmont area and the southwest area which did not have many slaves opposed ratification while the Tidewater area and the northwest area favored the adoption of the Constitution. James Madison, John Marshall (who actually explained much of the Constitution to the members of the convention), Edmund Randolph, George Wythe and General "Light Horse Harry" Lee spoke on behalf of the Constitution; George Mason, Patrick Henry, Richard Henry Lee, James Monroe and William Grayson spoke very strongly against it. The chief arguments against ratification were that the central government had been given far too much power and the individual states far too little power, that the commerce clause was too powerful and that the continuance of the slave trade was permitted. Finally, after Madison had agreed to suggest and to urge adoption of many amendments, the Virginia convention ratified the Constitution of the United States by the close vote of 89 to 79 on June 26, 1788. It is interesting to note that, at this time, the State of Virginia included the present area of Virginia and the area now included in the States of Kentucky and of West Virginia.

The State of Virginia missed by five days the honor of being the necessary ninth state to ratify the Constitution, New Hampshire having this honor. As Virginia became the tenth state to ratify it, the following declaration was officially recorded: "We, the Delegates of the People of Virginia, ... Do, in the name and in behalf of the People of Virginia, declare and make known, that the powers granted under the Constitution, being derived from the People of the United States, may be resumed by them whensoever the same shall be perverted to their injury or oppression, and that every power not granted thereby remains with them and at their Will; that therefore no right of any denomination can be canceled, abridged, restrained, or modified by the Congress ... or any department or Officer of the United States, except in those instances in which power is given by the Constitution for those purposes: and that, among other essential rights, the liberty of Conscience and of the press cannot be canceled, abridged, restrained or modified by any Authority of the United States." This declaration expressed fear on the part of Virginians concerning the new Constitution. At the same time, the members of the Virginia convention proposed forty amendments which became the bases of the ten amendments of the Bill of Rights in the Constitution of the United States: James Madison introduced the first nine amendments and Richard Henry Lee, the tenth amendment, to the Constitution of the United States--all eventually adopted in 1791.

Between 1783 and 1789, on the domestic scene, Virginia had gained five new counties: Campbell (formed from Bedford County and named for General William H. Campbell, the hero of the Battle of King's Mountain), Greensville (formed from Brunswick County and, later, parts of Sussex County and named for General Nathaniel Greene or Sir Richard Grenville), Franklin (formed from Bedford and Henry Counties and, later, parts of Patrick and named for Benjamin Franklin), Russell (formed from Washington County and named for General William Russell, a military hero also at the Battle of King's Mountain in the Revolutionary War) and Nottoway (formed from Amelia County and named for an Indian tribe, "Nottoway"--the word meaning "snake or enemy"). Two years later, Patrick County was formed from Henry County and was named in honor of the patriot, Patrick Henry.

Another domestic problem during this period concerned the boundary dispute between Pennsylvania and Virginia. When the Penns colonized Pennsylvania, they claimed the 39th degree parallel as their southern boundary. Virginia, however, claimed all the territory as far north as the 40th degree parallel including the choice section of Fort Pitt (now the site of Pittsburgh). After Pennsylvania authorities had established courts at Hanna's Town (now Greensburg), Governor Dunmore of Virginia sent Dr. John Connelly to establish a rival court with competing magistrates in 1773. The struggle for ownership of this area was temporarily postponed during the American Revolution, although the Virginia courts continued to remain in session in western Pennsylvania from 1774 to 1780. Finally, negotiations took place, and an agreement was adopted to allow a survey to be made in the region and to accept a boundary recommended by the joint boundary commission. The Mason and Dixon Line was extended to the southwest corner of Pennsylvania in 1784; the western boundary line of Pennsylvania was permanently agreed upon in 1785-1786.

In the following year, in December, an historical event took place which contributed greatly to science. James Rumsey, a native Marylander who had moved to Bath, Virginia (now Berkeley Springs, West Virginia), was interested in boat-building and in the possibility of steam propulsion. After the Virginia General Assembly had given him exclusive permission to navigate specific types of boats constructed by himself on the state waterways for ten years, he successfully transported six individuals for the first time in a steamboat four miles up the Potomac River near Shepherdstown. Rumsey continued to experiment with additional steamboats on the Potomac. In order to obtain financial assistance, he traveled subsequently to London and ironically died there before his second boat, the "Columbia Maid," had been completely constructed. This event occurred twenty years before Robert Fulton made his historic trip up the Hudson River in the "Clermont."

By 1789 George Washington had retired to Mount Vernon and had become a gentleman farmer at the time of the adoption of the Constitution. He was overseeing his fields on horseback one day when a messenger arrived from New York City informing him that his name had appeared unanimously on the ballot of every elector, electing him as the first President of the United States--"The Father of His Country." The American people still remembered his great leadership qualities during the Revolutionary War and during the Constitutional Convention. Thus, Washington was faced with a most difficult task: to make a new government work successfully though it was practically only in outline form and even though there was opposition and criticism awaiting the first President. Washington was also informed that the new government was to begin operating on March 4, 1789 and that Congress desired that he arrive in New York City for his inauguration on that date.

It took the Congressmen themselves longer to arrive from their various states, however, than they had expected. John Adams, the Vice-President, did not arrive until April 22 from Massachusetts to take his oath of office. Washington had much farther to travel than did John Adams and had many preparations to make before leaving Mount Vernon. He visited Fredericksburg to bid his mother farewell and traveled via stagecoach through Maryland, Delaware and Pennsylvania to New York. Roads were in poor condition making traveling very slow and Washington was such a prominent figure that he was stopped along the way by his old friends, especially in New Jersey. One significant incident was his welcome at Trenton, New Jersey, part of which consisted of a presentation of flowers by thirteen young ladies dressed in white, symbolic of the thirteen stars of the flag of the United States and of the thirteen states that had honored him by electing him to the Presidency. When he arrived at the New York ferry, thirteen sailors in red, white and blue uniforms were waiting to row him across the Hudson River to New York City. On April 30, 1789, Washington took his official oath of office in Federal Hall as the first President of the United States. A marble statue stands today on the spot on Wall Street where this event took place. New York became the first capital city of the United States. Since the capital was changed to Philadelphia in the following year, Washington was the only President of the United States to be inaugurated in New York City.

_State and National Events (1789-1860)_

Since Washington was a strong believer in the Constitution of the United States and had put forth much effort in getting it ratified, he tried conscientiously to set up a government satisfactory to all Americans. He wisely used his talent of recognizing individuals with a particular skill when he selected his first cabinet to advise him: Thomas Jefferson (Virginia), Secretary of Foreign Affairs, Alexander Hamilton (New York), Secretary of the Treasury, and Henry Knox (Massachusetts), Secretary of War. Edmund Randolph, a Virginian, was appointed Attorney-General, but this office did not become a cabinet post until 1814. The men holding these positions for the first time had a heavy responsibility in deciding specifically the range of duties each position should include and in properly carrying out these duties.

The practice of "log-rolling," defined as the "joining together of politicians to mutually further each other's plans of activities," was followed at this early time of our new government. The question had arisen in Congress whether or not Congress should assume the state debts, most of which had been accumulated during the Revolutionary War. The Congressmen who favored such assumption believed that such action would not only tend to strengthen security and confidence of the American people in their new government but would also make it easier for the United States to borrow money, either at home or from a foreign country. Since Virginia and many of the Southern States had already assumed and had paid most of their debts, the Virginia legislature opposed this bill strongly in 1790 and believed that it placed an unjust hardship upon the State. This state legislative objection was the first official action of a state against a federal bill. Since the Northern States preferred a location in the north for the national capital, Hamilton and Jefferson encouraged their friends to vote for each other's proposals. Hamilton's friends in the north voted for locating the capital along the Potomac in return for Jefferson's friends in the south voting for the assumption of state debts by the national government.

There had been discussion for a long time about changing the location of the national capital from New York City to a more central location along the Atlantic seaboard. When a site along the Potomac River was finally agreed upon, Maryland and Virginia agreed to cede part of its land for the establishment of a Federal District to become the seat of government of the United States. On December 3, 1789, Virginia ceded thirty and three-quarters square miles of land including the town of Alexandria and part of Fairfax County. The stone locating the original southern corner boundary, officially laid by Dr. Elisha Cullen Dick, may still be seen near Jones Point, Alexandria.

Early efforts to commercialize waterways materialized in 1790. One of the earliest commercial canals built in either Virginia or in the United States as a whole was the James River Canal. It was constructed by the James River Company, and, although it was only seven miles in length, it connected Richmond with Westham and was parallel to the James River. This marked the beginning of the canal-building era in the United States.

An event which affected the United States and the State of Virginia occurred in 1792 when Kentucky was admitted into the Union as the fifteenth state (Vermont had entered as the fourteenth one in 1791). This action deprived the State of Virginia of approximately 75,000 inhabitants, of 40,395 square miles of territory and of nine counties. Kentucky was originally part of Fincastle County, Virginia and later had gained status as an independent county in Virginia, called Kentucky County. Virginia gave the necessary consent for the independence of Kentucky, required before statehood could be granted. The boundaries of the State of Virginia thereafter remained fixed from 1792 until 1861 when West Virginia became a separate state.

Washington, during his Presidency, showed his ability to lead in civilian affairs as well as in military affairs. His diplomatic ability predominated in the torn loyalty toward England and toward France when these nations fought each other in 1793: he issued the Neutrality Proclamation whereby the United States would take neither side in this conflict. Throughout his two terms, he created precedents and made decisions of lasting value for the United States. Such a precedent was his refusal to run for a third time as President of the United States, a precedent which was not broken until 1940 when Franklin D. Roosevelt accepted the nomination for the Presidency.

While Washington was President, the population of Virginia continued to grow. Six new counties were created during this period: Wythe (formed from Montgomery County with later additions from Montgomery and Grayson Counties and named in honor of George Wythe, a Virginia signer of the Declaration of Independence, a famous lawyer and the first Professor of Law in the United States), Mathews (formed from Gloucester County and named for Major Thomas Mathews of the Revolutionary War), Bath (formed from Augusta, Botetourt and Greenbrier Counties and named because of the medicinal springs located in the area), Grayson (formed from Wythe County and, later, additions from Patrick County and named for Colonel William Grayson, a United States Senator from Virginia), Lee (formed from Russell County and, later, additions from Scott County and named for General Henry Lee, Governor of Virginia, as well as an outstanding military leader), and Madison (formed from Culpeper County and named for James Madison, a state legislator and member of the United States House of Representatives during this period).

After John Adams had been elected to the Presidency in 1796, the Democratic-Republican Party began to use the typical political method of attacking the party in power, namely the Federalists, through newspaper articles and through written pamphlets. Since many of the foreigners who had come to America at this time were Democratic-Republican in their political beliefs, numerous articles criticizing President John Adams and his administration were written by them. In order to combat these political attacks, the Federalist leaders were responsible for getting two most unusual laws passed: the Alien and Sedition Laws. The Alien Act provided that the residence time required of foreigners for naturalization (the process whereby a foreigner becomes a citizen) was to be fourteen years instead of five years and that the President was henceforth authorized to imprison or deport without trial foreigners whom he considered dangerous to the peace and safety of the United States or to allow others to remain. The Sedition Act stated that any person convicted of defaming, either by spoken or by written word, the government of the United States or the President of the United States or the Congress of the United States was subject to a fine of not more than $2,000 and to imprisonment for not more than two years.

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Hallowed Heritage: The Life of VirginiaChapter IV: Part 4

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