Chapter XXVII: Conclusion: Of the CIVIL War (13)

The next year, 1777, was the turning point, or critical period of the war. It was checkered by good and evil fortune. It was a period of much financial difficulty and great suffering both by the army and the people; but towards its close, the unexpected and great success of the American arms at the north really decided the fate of the contest, and showed that the attempt of Great Britain to reduce the Colonies by force to their former allegiance was a hopeless undertaking. About the end of May, the American army, now much strengthened by recruits, left its winter quarters, and took a strong position at Middlefield. Howe manœuvred for some time, in the hope of inducing or compelling it to fight a battle on equal ground. But finding that Washington was too cautious to run this hazard, he suddenly embarked his army on board the fleet, and carried it round to the head of Chesapeake Bay, where he landed and began his march for Philadelphia. He was obliged to take this route, as the American fortifications on the Delaware made it too hazardous for the fleet to ascend that river. Anxious to save the city which was the seat of Congress and was regarded in some measure as the capital of the country, Washington marched hurriedly south to intercept him. After passing through Philadelphia, he first attempted to check the progress of the enemy at Brandywine, where a creek, everywhere fordable, guarded the front of the American position. The British passed this stream in two divisions, September 11, at considerable distance from each other; and Washington’s army being thus attacked in front and on the flank, some regiments broke and fled, and the rest were forced to retreat in some disorder. The Americans again offered battle five days afterwards, but a violent storm interrupted the engagement almost as soon as it began. The hope of saving Philadelphia was then abandoned; Congress adjourned to Lancaster, the magazines and public stores were removed, and Howe entered the city on the 25th, leaving the bulk of his army ten miles off, at Germantown. It was a barren conquest; experience was now teaching the British that they could hold no more ground in America than what they actually occupied with their troops; and these were not to be too much scattered, or they were liable to be cut off in detail.

To raise the sinking spirits of his men, Washington planned a surprise of the British army in Germantown. The enterprise seemed successful at first; but the troops got separated from each other, in the darkness of the morning, by the inequalities of the ground, a panic seized upon some, and the whole were then driven to make a disorderly retreat. Rightly deeming that Washington could not soon make another attack after this repulse, Howe resolved to attack the forts on the Delaware, in order to establish communication with his fleet, which had not yet been able to pass up the river. Count Donop, with 1,200 Hessians, assaulted the post at Red Bank, on the Jersey shore, but fell in the attempt, and his men were driven off with great slaughter; and of the ships which assailed Fort Mifflen, on an island in the Delaware, a sixty four was blown up, a frigate was burned, and the others were much injured and compelled to retire. The enemy then erected land-batteries, which kept up so heavy a fire that the fortifications were ruined, and the garrison was withdrawn. Red Bank was also evacuated, and the Delaware was thus opened to the British fleet.

But the most important military operations of this year took place at the North. Gen. Burgoyne received the command in Canada, with a finely appointed army of 10,000 men, and was instructed to force his way down Lake Champlain, and then cross to Albany, and descend the Hudson, to join the British forces in New York. This plan, if executed, would have cut off New England from the other Colonies, and have rendered the subjugatian of the Americans extremely probable. And there was great danger for a time that it would be executed. Burgoyne summoned the Indians to his standard, and easily drove the feeble and disorganized army of St. Clair before him, captured Ticonderoga and Skenesborough, July 6, and prepared to force his way through the wilderness, from the head of the lake to the Hudson. St. Clair had brought a poor remnant of his army to join Schuyler at Fort Edward, on the Hudson; but their united forces did not number 5,000, most of them were militia, and both ammunition and provisions were wanting. The news of the loss of Ticonderoga and the rapid progress of Burgoyne created great consternation; the militia of New England came forward readily, and in considerable numbers, to strengthen the northern army, which also received some detachments from the posts in the Highlands. Schuyler was superseded by Gen. Gates, and under him were placed Arnold, Morgan, Lincoln, and others, who were among the best officers in the army. Burgoyne had succeeded in reaching the Hudson after immense labor and fatigue, but he found that difficulties were now beginning to thicken around him. He sent out a strong detachment of regular troops, Tories, and Indians, to his right, to turn the alarm to the western frontier of New York, and lay siege to Fort Schuyler at the head of the Mohawk. Arnold was sent against him, and the fear of his approach caused so many of the Indians to desert, that St. Leger was compelled to raise the siege and retire so precipitately that most of his stores and baggage fell into the hands of the Americans. Another and stronger detachment was sent out to the left, under Col. Baum, to try the temper of the people and to obtain horses and provisions; this was encountered, at Bennington, by some New Hampshire militia and Green Mountain Boys, under Col. Stark, and totally defeated, most of the German soldiers being taken prisoners. Col. Breyman, who had been sent with 500 men to aid Baum, came up two hours after the battle was fought, was himself attacked by the victorious party, and obliged to make the best retreat he could, with the loss of all his baggage and artillery. Thus both of Burgoyne’s wings were clipped, and he found himself at Saratoga, on the west side of the Hudson, in the heart of a difficult country, short of provisions, and with an enemy constantly increasing in numbers on all sides of him. He first tried an attack upon Gates’ camp, upon Behmus’s Heights, in his front Sept. 19; and the result was a drawn battle, in which he lost 500 men, and gained not a single advantage. A party of Lincoln’s militia had got into his rear, surprised the posts around Lake George, and besieged Ticonderoga, so that his communications were cut off. But he was encouraged to hold out, as a letter reached him from Clinton in New York, saying that the latter was about to make an expedition up the Hudson, which could operate as a diversion, and might reach Albany, so as to place Gates between two fires. The promise was kept, the passes of the Highlands were forced, and the British had proceeded as far north as Esopus, when they learned that they were too late, and found it prudent to return. Burgoyne offered battle again on the 7th of October, and his troops were defeated and driven back into his camp, his entrenchments in one quarter were forced, and a part of his artillery and ammunition were captured. His position was thus rendered untenable, and he secretly drew back in the night to a rising ground in the rear. Thence he retreated, two days afterwards, to Saratoga, and found that the difficulties of the country and the position of the American parties were such that he could go no further. He held out a week longer; and then, his provisions being exhausted and his camp surrounded and hard pressed, he was obliged to capitulate. He had already lost about 4,000 men, and 5,642 others were now surrendered as prisoners of war, all his arms, baggage, and camp equipage also passing into the hands of the victors. The garrison of Ticonderoga, when they heard of this calamity, hastily retreated into Canada, and the Americans again took possession of this renowned fortress.

Two days after the news arrived at Paris of the capture of Burgoyne and the battle of Germantown, the French ministry intimated to Dr. Franklin that they were willing to consider the project of a treaty of alliance with the American States. Two treaties were accordingly framed, Feb. 6, 1778, in one of which France acknowledged the independence of the States, and formed relations of amity and commerce with them; in the other, which was to go into effect if Great Britain should make war upon France, the two contracting parties bound themselves to aid each other as good friends and allies, to maintain the sovereignty and independence of the American States, and not to make a truce or peace except by mutual consent. About the same time, the British ministry caused two laws to be enacted, declaring that no tax should hereafter be imposed by parliament on the Colonies, and appointing commissioners to treat with them on almost any terms short of absolute independence. The concession was ample, but it came too late; Congress refused even to hold a conference with the commissioners before the British armies were withdrawn and the independence of the country acknowledged. England therefore declared war against France, and prepared to keep up in America some years longer a useless, expensive, and murderous conflict, in which she had hardly a hope of ultimate success. The Colonists were indeed compelled to pay a heavy price for their freedom. The public finances were in a deplorable state; recruits could not be obtained except by enormous bounties, and the troops were but half fed and half clothed; and the people generally were suffering from the interruption of trade and agriculture, and the scarcity of breadstuffs. There was hardly a family in the land to which the war had not already brought privation and bereavement. And yet the spirit of the people continued high; they expected much from the French alliance, and, except among the Tories, hardly a wish was breathed for peace on any terms short of independence. For the army, which had passed the winter in miserable huts at Valley Forge, suffering from cold and disease, and to some extent also from hunger and nakedness, Washington set apart a day for rejoicing when the news of the treaty with France were received. Losses and hardships were then forgotten in the general exultation; ‘every heart was filled with gratitude to the French king, and every mouth spoke his praise.’

The quarters of the British army were now found to be too much extended; and it was resolved to evacuate Philadelphia and to retreat to New York. The American army, which had been reinforced in the spring of 1778, and somewhat trained and disciplined through the great efforts of Baron Steuben, a brave and skillful Prussian officer, hung upon their rear and gave them much trouble. A battle was fought at Monmouth, June 28, with indecisive results, though the British loss considerably exceeded that of the Americans. Many of the German soldiers, also, took the opportunity to desert. Count D’Estaing soon arrived with a powerful fleet, having 4,000 French soldiers on board, and a scheme for a combined attack on New York having failed because the pilots would not conduct the heavier ships over the bar, an expedition against Newport was agreed upon, that place being held by Gen. Pigot, at the head of 6,000 men. The fleet blockaded the harbor, and forced the English to sink some of their frigates; but the Continental troops and New England militia did not arrive soon enough to coöperate with the ships, which were compelled to put to sea by Lord Howe’s fleet, and were also crippled by a storm. The undertaking was abandoned, and Gen. Sullivan had much difficulty in bringing off the American troops, as the British had received a large reinforcement. These were the only military operations on a large scale during the year; though as the war was now prosecuted both by the British and the Tories in a less hopeful and more revengeful spirit, several predatory expeditions were sent out that did much wanton injury, and in some skirmishes no quarter was given, and acts of sickening barbarity were committed. Wyoming, a flourishing settlement in Pennsylvania, was desolated by an incursion of Indians and Tories, the male inhabitants were massacred, the houses burned, and the cattle killed or driven off. Some towns on the coast of Massachusetts were burned, and a heavy contribution was levied on a defenseless island. In New York, Baylor’s troop of dragoons were surprised, and the men bayonetted, under Gen. Gray’s orders to give no quarter; and the same fate befell the infantry of Pulaski’s legion. There was some excuse for the Tories in these proceedings; their property had been very generally confiscated, they often had rough personal treatment, and on slight pretexts, some of them had been hanged.

During the next two years, the war was chiefly carried on by the British in the southern States, where the population was more scattered and divided in opinion, and the country offered fewer means of defense. At the close of 1778, Savannah was taken by an expedition from New York, and another body of royal troops coming up from Florida, nearly completed the conquest of Georgia. Gen. Lincoln was sent to take the command in this department, and by great exertions he protected Charleston and South Carolina from the enemy till September 1779, when D’Estaing, with a French fleet and 6,000 men, arrived on the coast, and the two armies in concert laid siege to Savannah. But as the French could remain but a short time, the attack was made prematurely, and the besiegers were beaten off with great loss, the gallant Count Pulaski being among the slain. Gen. Mathews was sent from New York, with 2,500 men, on a plundering expedition to Virginia. He took possession of Portsmouth and Norfolk, burned some ships of war and many private vessels, and brought off a large quantity of tobacco, after destroying private property to the amount of two millions of dollars. At the north, Congress took measures to punish the Indians for the atrocities they had committed at Wyoming, and other places. Gen. Sullivan led an expedition of 4,000 men into the heart of their country, in the western part of the State of New York, destroyed their villages, cut down their fruit trees, and so devastated the region, that the miserable savages could attempt nothing more till the close of the war. Some British troops under Gen. Tryon paid a marauding visit to the Connecticut shore, plundered and burned several towns, and destroyed a large amount of property. About the only legitimate military exploits of the year, at the north, were the capture by the British of Stony Point and Verplanck’s Point on the Hudson, thus rendering the communication between New England and the Middle States more circuitous and difficult, and the recapture of Stony Point in a very gallant manner by the Americans under Gen. Wayne.

Spain had now joined the alliance against England, June, 1779, though with no very definite purpose, except the hope that, while the attention of the British ministry was occupied by so many enemies, she might regain possession of Gibraltar. For a short time, the united French and Spanish fleet swept the British seas; but it was soon compelled to go into harbor. The next year, 1780, added another European power to the list of England’s enemies, and brought her assumed empire of the seas into great danger. To check the maritime superiority of the British, who, during the war, had greatly disturbed the neutral trade at sea, and molested the ships of every country by an oppressive search for contraband goods, Catherine II of Russia concluded an alliance with the several neutral powers, which should maintain the principle of ‘free ships, free goods,’ and thus secure the trade of the neutral states on the coasts and in the harbors of either of the belligerent powers. The confederacy also declared that no blockade of any port should be deemed effectual, so as to exclude neutral vessels from entering it, if there were not an adequate naval force present to maintain the blockade and render it dangerous for any ship to attempt to enter. This neutral alliance was constituted successively by Russia, Denmark, Sweden, Prussia, Austria, Naples, and Portugal. But Holland, whose adherence was very important from her situation and maritime strength, hesitated so long that England got information of the project, and declared war against the Dutch before they could give in their adhesion at St. Petersburg. Holland thus disappeared from the list of the neutral powers, and the alliance was deprived of her aid towards accomplishing their great purpose.

A powerful British armament, under Clinton and Arbuthnot, appeared before Charleston in February, 1780, and laid siege to it, with a view to the ultimate conquest of the whole State. Gen. Lincoln’s means of defense were very inadequate, and though he made every effort, he was compelled, after a resistance of 42 days, to surrender the city and give up his whole army as prisoners of war. The enemy then easily overran South Carolina; and many of the inhabitants, to avoid the extremities of war, took ‘protections’ from them, and thereby avowed themselves to be British subjects. Lord Cornwallis was then left to command at the South, while Clinton returned to New York. Congress appointed Gen. Gates to oppose the former, and by great exertions an army of 4,000 men was collected for this purpose, mostly militia, who were ill fed and ill armed, and not at all disciplined. With the rash confidence inspired by his success against Burgoyne, Gates advanced hastily and with little precaution, was attacked under unfavorable circumstances by Cornwallis, near Camden, and his army so completely routed that not a fourth part of them could be again brought together. The southern States were thus rendered almost entirely defenseless, though the British for the present were not able to invade North Carolina from the want of supplies. Sumter and Marion, also, noted partisan officers, gave them great annoyance by collecting bands of irregular troops, and waging a kind of guerrilla warfare against their outposts and detachments. One motley collection of such troops, chiefly mounted backwoodsmen with their rifles, under Shelby and Sevier, intercepted Ferguson, an active Loyalist, at the head of about 1,000 Tories, at King’s Mountain, and totally defeated him, taking most of his men prisoners, and hanging some of them as traitors. At the end of the year, Gen. Greene was sent to take Gates’ place, and a small regular army was collected for him, which he led with consummate ability. At the north, a French fleet and army, the latter under Rochambeau, arrived at Newport, but were blockaded there by a superior British fleet, so that they accomplished nothing.

Another remarkable incident of the year was the treason of Gen. Arnold, a very brave officer, but dissolute, wayward, and extravagant, who sold himself to the British for £10,000 and a general’s commission, covenanting to give into their power, also, West Point and the other American fortresses in the Highlands. The conspiracy was detected just before the time fixed for its execution. Arnold succeeded in making his escape; but Major Andrè, a gallant English officer whom Clinton had sent to negotiate with him, was seized when in disguise within the American lines, and was tried and executed as a spy. The want of pay and the impossibility of complying with the just demands of the soldiers, caused some Pennsylvania regiments, who were encamped near Morristown, to break out into open revolt. They were invited to join the British, as Arnold had done; but they refused, and after the matter had been compromised by Congress some of their grievances being redressed, they gave up the emissaries of the enemy, who were hanged as spies. Some New Jersey troops quickly followed this example of insubordination; but their revolt was crushed with a strong hand, and a few of the ringleaders were executed.

The comparative ease with which Georgia and South Carolina had been subdued caused great efforts to be made, in 1781, for the conquest of North Carolina and Virginia. In January of this year the traitor Arnold was sent with 1,600 men, chiefly Tories, to plunder and devastate the country on the Chesapeake and the James river, in order to cripple the resources of the state; and after he had accomplished this service, he was joined by Gen. Phillips, with 2,000 troops from New York. But these marauding expeditions did not help the British cause much; they caused great misery, but they incensed the people so much that they lost all thoughts of acquiescence and submission, and made desperate efforts to repulse the destroyers. The plan was, that Cornwallis should march north, to join Phillips and Arnold, their united forces being deemed sufficient to crush all opposition at the South. But Cornwallis had now an able and determined opponent in Greene, who gave him enough to do in the Carolinas. Half of Greene’s force, under Morgan, who had been sent to put down the Tories in the west, encountered the British light troops under Tarleton, at the Cowpens, and gave them a signal defeat, killing or taking prisoners over 600 of them. Cornwallis instantly started of in great haste, to overtake and punish Morgan before he could rejoin his commander. But the activity of the Americans baffled him. Still the British general pushed on; and Greene’s whole force being much inferior, he was obliged to make a rapid retreat into Virginia. He soon returned, however, with some reinforcements, and offered battle at Guilford Court House, where Cornwallis indeed defeated him, but the victory was equivalent to a defeat. The British loss was greater than the American, and Cornwallis was obliged to retire to Wilmington, near the sea. Greene pursued him for a while, and then took the bold step of marching directly into South Carolina, which had been left in charge of Lord Rawdon with a small force. Finding it impossible to overtake him, Cornwallis imitated his bold policy by marching north, to join the king’s troops in Virginia. Greene and Rawdon came in conflict with each other at Hobkirk’s Hill, April 25, and the former was again defeated, though his loss was no greater than the enemy’s and the advantages of the encounter were all on his side. Lee and Marion, with other partisan officers, encouraged by his presence, roused the inhabitants to arms; nearly all the British posts in the upper country were captured or abandoned, and the larger part of South Carolina was restored to the Americans. Their irritated opponents shot as deserters all whom they captured in arms that had once accepted British protection; among these victims was Colonel Hayne, an eminent citizen of Charleston, whose fate caused much sorrow and indignation. The conflict on both sides had all the aggravated features of a civil war.

The arrival of a powerful fleet under Count De Grasse having given the French a temporary superiority at sea, the French forces at Newport were released, and an attack upon the British in New York was projected for the combined army of Washington and Rochambeau. But this came to be thought an enterprise beyond their strength, and it was resolved in preference to strike a blow at Cornwallis in Virginia. That enterprising general, after vainly endeavoring to overtake and crush the small American force commanded by Lafayette, had retired to Yorktown, a peninsula at the mouth of York river, where he had strongly intrenched himself at the head of 8,000 men. Here he was blockaded by De Grasse’s fleet, and, a fortnight afterwards, was invested by the combined French and American army, 16,000 strong. About the same time, also, the ever active Greene had fought another battle with the British in South Carolina, at Eutaw Springs, the immediate result of which was indecisive, the loss on each side being about 700; but the general consequence was, that the British were thenceforward cooped up in Charleston and the small district between the Cooper and Ashley rivers. Cornwallis was vigorously pressed his intrenchments being ruined and his guns dismounted by the fire of heavy breaching batteries. He tried a sally without improving his situation; and then, all hope of aid from New York having failed, he was obliged to capitulate and surrender his whole army, still about 7,000 strong, as prisoners of war. This grand stroke was virtually the end of the armed contest in America; having sacrificed two large armies, and protracted the struggle for six years, the British could no longer hope to retain a foothold in the United States, far less to bring them back to their former allegiance.

Such now came to be the general opinion even in England, where, indeed, for the last three years, the war had been very unpopular. It had added over one hundred millions sterling to the national debt; it had sullied the military reputation of the kingdom, which had never stood higher than in 1760, and never lower than after the capture of Cornwallis; it had brought France, Spain, and Holland into a league of hostilities against her, and had combined the other professedly neutral powers in an alliance hardly less injurious to her interests and her fame. Even the signal victory obtained by the English admiral, Lord Rodney, over De Grasse’s fleet in the West Indies, April 12th 1782, and the equally signal defeat of the Spaniards in their last and desperate attempt to take Gibraltar, failed to restore English self-complacency, or to reconcile the nation of that ministry (Lord North’s) which had brought them into so humiliating a position. These successes were but casual gleams of good fortune that came to lighten the close of a long period of disaster and shame. The phalanx of Lord North’s parliamentary supporters was broken, his ministry was driven from office, the king’s obstinacy was overcome, and the Whigs, under the guidance of Lord Rockingham, were established in power, with the express understanding that they were to make peace by submitting to the independence of the United States. Negotiations were immediately commenced with the American commissioners at Paris, Franklin, Adams, Laurens, and Jay; they were protracted by points of form, and by the breaking up of the Whig ministry through the death of Rockingham; but provisional articles of peace were signed on the 30th of November, 1782, and the cessation of hostilities was agreed upon in January following. Owing to the necessity of including the Continental powers of Europe in the pacification, the definitive treaty of peace was not concluded till the next September. In this, the independence of the United States was acknowledged, their boundaries adjusted, and a share in the fisheries secured to them; while the claims of the other belligerent powers were adjusted by the surrender or return of the conquered towns and islands.

The peace came not too soon for exhausted and bleeding America. The impossibility of satisfying the just demands of the army, the consequent sufferings both of officers and men, and the prospect of being disbanded at the peace and sent home in utter poverty, created a determination among many of them to insist upon the payment of their dues with arms in their hands. Nothing but the moderation, wisdom, and firmness of their great commander-in-chief saved the country from the horrors of military usurpation. Some of the officers so far misjudged Washington as to think that he might be tempted to play the part of Cromwell; but his prompt and stern rebuke put an immediate end to the project. He then exerted himself, and with success, to soothe the passions that had been excited, and to lead the army back to moderate and patriotic counsels. The officers and men were persuaded to accept certificates of debt, with interest, for the arrears that were due to them, and to rely upon the efforts of Congress and the gratitude of the people for their redemption. The troops were quietly disbanded in the course of the summer and autumn of 1783, and towards the close of the year, after the British had evacuated every place upon the seaboard, Washington was admitted to a public audience by Congress, when he resigned his commission, and took a final leave, as he supposed, ‘of all the employments of public life.’ Universal gratitude and respect which amounted almost to veneration, attended him to his retirement at Mount Vernon.

At the close of the war, the United States were burdened with a heavy debt, of which they had not the means even of paying the interest, the public credit was annihilated, commerce and manufactures were in a torpid condition, and the country was almost without a government. During the greater part of the struggle, Congress had possessed no authority but what was tacitly granted to it from the necessity of the case. The individual States were unwilling to give up any portion of that independence which they were striving to vindicate against a foreign power. They claimed complete sovereignty, and were unwilling to appear only as the members of a confederacy, under the general control of a central government. Besides, it was hard to adjust the terms of such an alliance. Perfect equality was hardly to be expected among states that differed so widely from each other in regard to population, wealth, and extent of territory; yet on no terms short of equality would any one State consent to a union with the others. There were also many unadjusted controversies between them, in respect to boundary, and the ownership of that vast territory beyond the Alleghanies which had been wrested from the French. In 1777, a plan of union had been framed and adopted in Congress, after two years’ discussion, not as the best which could be imagined, or as adapted to all exigencies, but as the only one ‘suited to existing circumstances, or at all likely to be adopted.’ It was not to go into effect until it was ratified by all the States; and only four of them could be induced at first to adopt it. Slowly and reluctantly the others gave in their adhesion, the consent of New Jersey and Delaware not being obtained till 1779, and that of Maryland not till 1781, when, at last, the final sanction of the articles of Confederation, as they were termed, was joyfully announced by Congress. But the union thus effected was very inadequate for the ends in view. It did not establish a central government; it was only a league of several independent sovereignties. Congress was the only organ of the confederacy; each State had but one vote in this body on the decision of any question; and in respect to many subjects, the consent of nine States was requisite before the measure could go into effect. And after all, Congress had no power but to recommend measures; it could not enforce them. It could ‘ascertain the sums necessary to be raised for the service of the United States,’ and determine the quota or proportion which each State ought to pay; but it depended upon the States whether the specified amount should be raised and paid, or the recommendation entirely neglected. The fact generally was, that they refused compliance, or paid no attention to the demand; of the many requisitions of Congress, not one fourth were complied with. Excuses or palliations of such conduct were not wanting; the States were very poor, and had heavy debts of their own to provide for. Again, Congress could not impose duties upon imports, and the circumstances of the case prevented even the individual States from exercising this power. If imported goods were taxed by one, they were admitted free by another, which thus obtained a larger share of domestic and foreign trade, while the ports of its rival were deserted. Treaties with foreign powers could not be negotiated, as there was no power in the country to enforce the provisions made in them, the authority of Congress and that of the separate members of the confederacy just serving to paralyze each other. There was no common tribunal to which the States could appeal for the adjustment of their controversies with each other; and the ill compacted league was therefore liable to be broken by the first serious dispute which might grow out of many conflicting interests. It was obvious that this state of things could not long continue without bringing upon the country all the evils of anarchy and civil war.

The condition and temper of the people increased this hazard. The vast exertions they had made during the armed struggle had exhausted their energies, and, to a certain extent, had demoralized them. On the one hand, there was a general feeling of lassitude, an indisposition to make any further sacrifices or efforts, and on the other, a fierce impatience of any act or movement which should even seem to limit their recently acquired, universal freedom. The load of public and private debt was enormous. Of what use was it, that the people had successfully resisted English bayonets, if they were now to be called upon to respect implicitly the orders of the sheriff and the staff of the constable? To what purpose had they braved the wrath of the crown and the parliament, if creditors were still to distress them, and county courts sentence them to fine and imprisonment? Or why tax themselves millions of hard dollars, when they had just gone through a seven years war because they would not pay an impost of three pence a pound on tea? It is no cause for wonder that such questions were frequently asked, or even that the majority of the people were inclined to answer them in a way most consonant with their present feelings. It was a period of general anxiety and gloom――a true crisis in the history of free institutions, not only in this country, but throughout the world. It was now to be determined whether national independence was to prove a blessing or a curse;――whether the people, after throwing off all foreign restraint, would be wise and magnanimous enough to impose laws upon themselves, and to respect them when made, or whether they would follow that course of anarchy, license, and civil war which has subsequently rendered the history of the South American republics and of the ephemeral republican governments of the Old World a warning to mankind.

The matter was brought to a crisis in 1786, by the breaking out of a rebellion in Massachusetts, the object of the insurgents being to close by violence the courts of law, thus putting a stop to all legal measures for the collection of debts, and to compel the government to issue paper money, in order that all obligations might be discharged in a much depreciated currency. Job Shattuck and Daniel Shays, formerly a captain in the revolutionary army, were the leaders of the disaffected party, and it was at least doubtful whether they did not count a majority of the people among their followers. Job Shattuck, at the head of an armed force, took possession of the court-house at Worcester, and sent a written message to the judges, ‘that it was the sense of the people that the courts should not sit.’ At last by great exertions on the part of the government and the well-affected citizens, an army of 4,000 men, under General Lincoln, was fitted out, and after a very severe campaign in the midst of winter, this dangerous insurrection was suppressed with but little loss of life. An indirect but happy consequence of this rebellion was, that it convinced the majority of the people throughout the United States that a strong central government was indispensable, not merely for their wellbeing, but for the preservation of society itself from anarchy and ruin. ‘You talk, my good Sir,’ wrote Washington from Mount Vernon, ‘of employing _influence_ to appease the present tumults in Massachusetts. I know not where that influence is to be found; and, if attainable, it would not be a proper remedy for these disorders. Influence is not government. Let us have a government, by which our lives, liberties, and properties will be secured, or let us know the worst at once.’

Accordingly, a Convention of delegates from eleven of the States was held in Philadelphia in May, 1787, to revise the Articles of the Confederation, or, in other words, to frame a Constitution of government for the whole country. The delegates from New Hampshire did not appear till the Convention had been two months in session, and Rhode Island was never represented at all. Among the members present were Dr. Franklin, then in his 81st year, and Washington, who was unanimously chosen president of the Convention. After they had been in session four months, with closed doors, strict secrecy being observed as to all their proceedings, they framed and published the present Constitution of the United States, approved by the signatures of all but three of the delegates who were then present, and which was to go into effect after it had been ratified in nine of the States, by Conventions that were to be called for the occasion. Not without great difficulty, and many compromises of conflicting opinions and interests, had this great step been taken.

The central government established by the Constitution was to consist of three departments, legislative, executive, and judicial. The legislature, called the Congress, was to consist of two branches, the Senate and the House of Representatives. In the former, the representation was equal, each State having two senators; in the latter, the number of representatives was to be proportioned to the population, which was to be ascertained every ten years by adding to the whole number of the freemen three-fifths of the slaves. Two classes of opposing claims were thus adjusted by concessions on both sides. The executive power was vested in a president, chosen for four years, by electors equal in number, for each State, to all its senators and representatives in Congress. The president was allowed a qualified negative on all the enactments of the legislature, as a bill to which he refused his consent was to become a law only when approved by two-thirds of the votes in both branches. The judicial power was vested in a Supreme Court, and such inferior courts as Congress might establish; and it extended to all cases arising under the Constitution, the laws of Congress, and treaties made with foreign powers, to all cases of maritime jurisdiction, and all controversies between States, between citizens of different States, and between foreigners and citizens. Congress was not to prevent the importation of slaves till the year 1808, and slaves escaping from one State to another were to be delivered up. Congress received the power to declare war, to raise and support armies, to lay and collect taxes, duties, imposts, and excises, to coin money, to establish post-offices and post-roads, to provide and maintain a navy, and to call forth the militia for the purpose of executing the laws, suppressing insurrections, and repelling invasions. The States were prohibited, generally, from exercising any of the functions that were conferred upon Congress. In general terms, the States retained the power of domestic legislation upon all subjects in regard to which their interests were not likely to conflict, or which could be effectually disposed of without the coöperation of the whole Union; while the Federal government assumed the functions which the States were deprived of, and received whatever other authority was needed to enable it to negotiate effectively with foreign powers as the representative of one nation. Numerous provisions were borrowed from Magna Charta and the more liberal portions of the English Common Law, and incorporated into the Constitution, to protect the liberty and the rights of individuals, and to guard against acts of oppression and injustice on the part of either the Federal or the State Governments. The instrument was very practical in its character, and far more simple and concise than could reasonably have been expected, considering the complicated subject with which it had to do, and the difficulty in adjusting the relations of the Federal government to the individual States, and of so distributing power between them that they could work together harmoniously and effectively. As a whole, if judged either by the most approved maxims of political science, or by the light reflected upon it from that experience of more than sixty years to which it has been subjected, it may claim a high place among the best models of government that have been devised in ancient and modern times. It has required but few and slight amendments, and it has accomplished the whole work which it was designed to perform.

Great difficulties were again experienced in obtaining its ratification by the conventions in the several States, to which it was soon submitted. The two parties which were then formed, of its advocates and opponents, divided the people very equally between them, and, with some modifications, these parties have subsisted to the present day. The consent of nine States was necessary; five ratified the instrument soon and with little difficulty. Then the question came up in Massachusetts, where the parties were nearly equal, though the democratic and independent spirit of the people seemed to incline the balance against the Constitution. Everything was thought to depend upon the decision of this State and Virginia, on account of their great weight in the Union, and the influence which they would respectively exert at the north and the south. Governor Hancock and Samuel Adams, the former being the president of the Convention, and the latter one of its most influential members, wavered. The Convention at last decided to propose certain amendments for adoption in the form prescribed by the Constitution itself; these served as an anodyne for the scruples of the two leading patriots, and the ratification was finally carried, though by a very slender majority. The consent of Maryland, South Carolina, and New Hampshire was then obtained, and next came that of Virginia, though after as warm a struggle as in Massachusetts, the opposition being led with great effect by Patrick Henry. The question was now virtually decided, and New York therefore gave a tardy and reluctant assent, which would probably have been a refusal if the measure could thereby have been defeated. North Carolina would only ratify upon certain conditions, and Rhode Island would not even hold a Convention to consider the subject; but as eleven States had adopted the Constitution, their approval was not absolutely necessary, and it was finally given after the new form of government had been some time in operation. It must be granted, in favor of the opposition, that they showed no factious spirit, but calmly acquiesced in the decision of their countrymen. Congress appointed the first Wednesday in January, 1789, for the choice of electors, the first Wednesday in February for those electors to choose a president, and the first Wednesday in March for the new government to go into operation. As had been anticipated, George Washington was unanimously elected president; indeed, the certainty that he would be chosen to this office induced many to vote for the Constitution who would otherwise have opposed it. John Adams was elected Vice-President, and senators and representatives were also chosen to form the first Congress. Proceedings were commenced at New York on the 4th of March, 1789; but a quorum of both houses did not come together till April, and on the 30th of this month, President Washington was sworn into office, and the new government went into full operation.

CONSTITUTIONAL HISTORY.

The second session of the first Congress began January 8, 1790. Agreeably to a plan submitted by Mr. Hamilton, secretary of the treasury, Congress proceeded to make provision for discharging in full the foreign and domestic debt, and assumed also the debts incurred by the several States in carrying on the war. To this object the proceeds of the public lands lying in the western territory, the surplus revenue from the duties on imports, and a loan of two millions, were appropriated. This measure immediately restored public credit; certificates of public debt rose to par; and those who had purchased low, realized immense fortunes. Business of all kinds revived, and the country entered upon a career of prosperous activity and enterprise.

At the next session of Congress, after a protracted debate, a bill was passed imposing a tax on domestic spirits, for the purpose of paying the interest on the State debts assumed by the Union. A national bank was also established, not without opposition, mainly on the ground of its unconstitutionality. The party lines between the federalists and anti-federalists (as they were called), which had begun to appear when the adoption of the new constitution was under discussion, became this session more broad and clear. A regular opposition to the administration began to be organized.

Meantime the hostilities of the Indians northwest of the Ohio made it necessary to send an expedition against them. Gen. Harmar was put in command, but he was defeated with considerable loss in a battle near Chillicothe. Gen. St. Clair, who succeeded in command, was also totally defeated. A bill then passed Congress for raising an additional force to the army. The measure was bitterly resisted by the opposition, chiefly on the ground that standing armies were dangerous, and that the proposed increase showed the existence of monarchical designs on the part of the administration. An unsuccessful attempt was made the next session to reduce the military establishment; and the opposition introduced various resolutions, evincing their hostility to the administration. The public press became also the vehicle of vehement attacks, particularly upon the secretary of the treasury, Mr. Hamilton; and party spirit, from day to day, grew stronger throughout the country.

On the expiration of his term of office, however, Washington was unanimously reëlected president, March, 1793; Mr. Adams again vice-president. Beside the still unsettled condition of Indian affairs, this term of Washington’s administration was embarrassed by new difficulties, growing out of the French revolution. The French republic had just declared war against England and Holland; and so strong in the United States was the hatred of the people to the British, and so lively their sympathy with the French, that the opinion was entertained in many quarters that America was bound by every consideration, both of gratitude to an old ally, and sympathy with the cause of republicanism, to make common cause with France.

Immediately on receiving intelligence of the declaration of war, Washington convened a cabinet council, and by their unanimous advice, issued a proclamation, enjoining strict neutrality to be observed on the part of the United States toward the belligerent powers, April 22, 1793. The opposition (anti-federalist) party, through the press, bitterly inveighed against this proclamation, denouncing it as a high-handed assumption of power on the part of the president, ‘a royal edict,’ evincing his monarchical disposition, and also as dishonorable and ungrateful towards France.

In this state of things, Mr. Genet, the new minister appointed by the French republic, arrived in the country, with the object of engaging the coöperation of the United States against England. Misled by the flattering reception he met with at Charleston, where he landed, he immediately began, even before he had been recognized as minister, to excite the people against the government, and carried his audacity so far as to set at defiance the proclamation of neutrality, fitting out expeditions, and giving commissions to American vessels to cruise against the enemies of France, and assuming the power to hold admiralty courts, for the trial and sale of prizes thus made. In these measures he was supported by the opposition, or as it began to be called, the DEMOCRATIC party, which now began, under the influence of the French minister, and in imitation of the affiliated clubs in France, to form democratic societies throughout the country.

Washington demanded the recall of Mr. Genet. The French government complied, and instructed his successor to express its entire disapproval of Genet’s conduct. When Congress assembled in December following, the proclamation of neutrality, and the conduct of Washington towards Genet, were approved by that body, as they were finally by the great body of the nation.

In 1794 Congress passed a bill providing for a naval force to protect American commerce against the Algerines. The slave-trade was likewise prohibited.

There seemed now reason to apprehend the necessity of another war with England. In addition to severe and unjust commercial restrictions imposed by that government, she had proceeded to capture and condemn neutral vessels having on board French goods, or carrying corn and other supplies to France. In anticipation of a war, Congress passed several bills――for imposing an embargo; for organizing the militia; and for increasing the standing army. Meanwhile information was received that the British government was disposed to redress the grievances complained of, and amicably adjust all differences. John Jay was accordingly nominated and approved as envoy to Great Britain.

All attempts to make peace with the Indians having failed, the war was renewed. Gen. Wayne was appointed to succeed Gen. St. Clair. On the 20th of August, he gained a decisive victory over a large body of the Miamies, and then proceeded to lay waste their country. This victory prevented a general war with the Six Nations and with the tribes northwest of the Ohio. The ‘Whisky Insurrection’ in Pennsylvania is one of the events of this year. It grew out of the duty on domestic spirits; this tax pressed heavily on the inhabitants of the west, and was besides considered unjust in principle. The proclamation of the president being disregarded, a considerable force of militia (fifteen thousand men), under Governor Lee of Maryland, was ordered out. On their approach, the insurgents laid down their arms, and promised submission to the laws.

In 1795 Mr. Jay having concluded a treaty of amity, commerce, and navigation, with Great Britain, the senate was convoked to consider it. Meanwhile, its contents having been disclosed, the most violent opposition was made to it; public meetings were held, and petitions against it were sent from all quarters of the country. The partisans of France and the enemies of England denounced it in the most unmeasured terms. The objections to it were, generally, that it wanted reciprocity; that it gave up all compensation for negroes carried away contrary to the treaty of peace, and for the detention of the western posts; that it contravened the French treaty, and sacrificed the interest of our ally to that of Great Britain; that it gave up in several important instances the law of nations, particularly in relation to free ships makings free goods, cases of blockade, and contraband of war; that it improperly interfered with the legislative powers of Congress, and that the commercial part gave few advantages to the United States. The treaty was, however, ratified by the senate, and signed by the president, August 14, 1795.

In October, after a long negotiation, a treaty was made with Spain, settling some questions of boundary, and acquiring for the United States the right of navigating the Mississippi. Treaties were also concluded with Algiers, and with the Indians in the West.

On the assembling of congress in 1796, it became necessary to make appropriations and pass resolutions for carrying these treaties into effect. This gave occasion for a new display of hostility to the British treaty: and it was only after a debate of seven weeks, that the necessary resolutions passed the house of representatives, and then only by a majority of three. Public opinion at length gradually settled in favor of this treaty, as the only means of saving the country from becoming involved in the wars of the French revolution; and in the sequel it proved of great advantage to the United States. The close of the second term of Washington’s administration was now approaching. Signifying his intention to retire from public life, the Father of his country took occasion to issue a _farewell address_ to his countrymen, replete with maxims of political wisdom, and sentiments of patriotism and virtue.

The personal influence of Washington, due alike to his wisdom, his virtues, and his eminent services, was of the utmost importance in the first working of the new government. During the eight years of his administration, all differences with foreign nations had been peaceably settled, except those with France; and at home the Indian tribes had been pacified. Public and private credit were restored; ample provision made for the security and ultimate payment of the public debt; American tonnage had nearly doubled; the exports had increased from nineteen to more than fifty-six millions of dollars; the imports in about the same proportion; and the amount of revenue from imposts had exceeded the most sanguine calculations. The population had increased from three and a half to five millions; and agriculture and all the industrial interests of the country were in a flourishing state.