The Critical Period of American History 1783-1789 John Fiske “I am uneasy and apprehensive, more so than during the war” Jay to Washington, June 27, 1786. To My Dear Classmates, Francis Lee Higginson and Charles Cabot Jackson, I Dedicate this Book. Boston & New York Houghton, Mifflin & Company The Riverside Press, Cambridge 1896 Preface This book contains the substance of the course of lectures given in the Old South Meeting-House in Boston in December, 1884, at the Washington University in St Louis in May, 1885, and in the theatre of the University Club in New York in march, 1886. In its present shape it may serve as a sketch of the political history of the United States from the end of the revolutionary war to the adoption of the Federal Constitution. It makes no pretensions to completeness, either as a summary of the events of that period or as a discussion of the political questions involved in them. I have aimed especially at grouping facts in such a way as to bring out and emphasize their casual sequence, and it is accordingly hoped that the book may prove useful to the student of American history. My title was suggested by the fact of Thomas Paine’s stopping the publication of the “Crisis,” on hearing the news of the treaty of 1783, with the remark, “The times that tried men’s souls are over.” Commenting upon this, on page 55 of the present work, I observed that so far from the crisis being over in 1783, the next five years were to be [begin page vi] the most critical time of all. I had not seen Mr. Truscott’s “Diplomatic History of the Administrations of Washington and Adams,” on page 9 of which he used almost the same words: “It must not be supposed that the treaty of peace secured the national life. Indeed, it would be more correct to say that the most critical period of the country’s history embraced the time between 1783 and the adoption of the Constitution in 1788.” That period was pre-eminently the turning-point in the development of political society in the western hemisphere. Though small in their mere dimensions, the events here summarized were in a remarkable degree germinal events, fraught with more tremendous alternatives of future welfare or misery for mankind than it is easy for the imagination to grasp. As we now stand upon the threshold of that mighty future, in the light of which all events of the past are clearly destined to seem dwindled in dimensions and significant only in the ratio of their potency of causes; as we discern how large a part of that future must be the outcome of the creative work, for good or ill, of men of English speech; we are put into the proper mood for estimating the significance of the causes which determined a century ago that the continent of North America should be dominated by a single powerful and pacific federal nation instead of being parcelled out among forty or fifty small communities, wasting their strength and lowering their moral [begin page vii] tone by perpetual warfare, like the states of ancient Greece, or by perpetual preparation for warfare, like the nations of modern Europe. In my book entitled “American Political Ideas, viewed from the standpoint of Universal History,” I have tried to indicate the pacific influence likely to be exerted upon the world by the creation and maintenance of such a political structure as out Federal Union. the present narrative may serve as a commentary upon what I had in mind on page 133 of that book, in speaking of the work of our Federal Convention as “the finest specimen of constructive statesmanship that the world has ever seen.” On such a point it is pleasant to find one’s self in accord with a statesman so wise and noble as Mr. Gladstone, whose opinions is here quoted on page 233. To some persons it may seem as if the years 1861-65 were of more cardinal importance that the years 1783-89. Our civil war was indeed an event of prodigious magnitude, as measured by any standard that history affords; and there can be little doubt as to its decisiveness. The measure of that decisiveness is to be found in the completeness of the reconciliation that has already, despite the feeble walls of unscrupulous place-hunters and unteachable bigots, cemented the Federal Union so powerfully that all likelihood of its disruption may be said to have disappeared forever. when we consider this wonderful harmony which so soon [begin page viii] has followed the deadly struggle, we may well believe to be the index of such a stride toward the ultimate pacification of mankind as was never made before. But it was the work done in the years 1783-89 that created a federal union capable of enduring the storm and stress of the years 1861- 65. It was in the earlier crisis that the pliant twig was bent; and as it was bent, so has it grown; until it has become a goodly and a sturdy tree. Cambridge, October 10, 1888. Contents Page Preface Chapter 1 – Results of Yorktown Fall of Lord North’s ministry. 1 Sympathy between British Whigs and the revolutionary 2 party in America. It Weakened the Whig party in England. 3 Character of Lord Shelburne 4 Political Instability of the Rockingham Ministry. 5,6 Obstacles in the way of a treaty of peace. 7,8 Oswald talks with Franklin. 9-11 Grenville has an interview with Vergennes. 12 Effects of Rodney’s Victory 13 Misunderstanding between Fox & Shelbourne 14 Fall of the Rockingham Ministry 15 Shelbourne becomes prime Minister. 16 Defeat of the Spaniards and French at Gibraltar 17 French policy opposed to American Interests. 18 The Valley of the Mississippi; Aranda’s policy. 19 The Newfoundland fisheries. 20 Jay detects the schemes of Vergennes 21 And sends Dr. Vaughn to visit Shelbourne 22 John Adams arrives in Paris and joins with Jay in insisting upon a separate negotiation with England 23,24 The separate American treaty, as agreed upon: 1. Boundaries. 25 2. Fisheries; commercial intercourse. 26 3. Private debts. 27 4. Compensation of loyalists. 28-32 Secret article relating to the Yazoo boundary. 33 Vergennes does not like the way 33 in which it has been done. On the part of the Americans 34 it was a great diplomatic victory. Which commissioners won by disregarding the instructions of Congress and acting 35 on their own responsibility. The Spanish treaty. 36 The French treaty. 37 Coalition of Fox with North. 38-42 They attack the American treaty in Parliament. 43 And compel Shelbourne to resign. 44 Which leaves England without a government, while for several weeks the king is too angry to appoint 44 ministers. Until at length he succumbs to the coalition, which presently adopts and ratifies the American treaty. 45 The coalition ministry is wrecked upon Fox’s India Bill. 46 Constitutional crisis ends in the overwhelming victory 47 of Pitt in the elections of May, 1784. And this, although apparently a triumph for the King, was really a death-blow to his system of personal 48,49 government. Chapter 2 – The Thirteen Commonwealths Cessation of hostilities in America. 50 Departure of the British troops. 51 Washington resigns his command. 52 And goes home to Mount Vernon. 53 His “legacy” to the American people. 54 The next five years were the most critical years 55 in American history. Absence of a sentiment of union, 56, 57 and subsequent danger of anarchy. European statesmen, whether hostile or friendly, had little faith in the stability of the union. 58 False historic analogies. 59 Influence of railroad and telegraph 60 upon the perpetuity of the union. Difficulty of travelling a hundred years ago. 61 Local jealousies and antipathies, and inheritance from primal savagery. 62,63 State governments remodelled; assemblies continues from colonial times. 65 Origin of the senates in the governor’s 66 council of assistants Governors viewed with suspicion. 67 Analogies with British institutions. 68 The Judiciary. 69 Restrictions upon suffrage. 70 Abolition of primogeniture, entail, 71 and manorial privileges. Steps toward the abolition of slavery and the slave trade 72-75 Progress towards religious freedom 76,77 Church and State in Virginia. 78,79 Persecution of dissenters. 80 Madison and the Religious freedom act. 81 Temporary overthrow of the Church. 82 Difficulties in regard to ordination; 83 the case of Mason Weems. Ordination of Samuel Seabury 84 by non-jurors at Aberdeen. Francis Asbury and the Methodists. 85 Presbyterians and Congregationalists 86 Roman Catholics. 87 Except in the instance of slavery, all the changes described in this chapter were favourable 88 to the union of the states. But while the state governments, in all these changes, are seen working smoothly, we have next to observe, by contrast, the clumsiness and inefficiency 89 of the federal government. Chapter 3 – The League of Friendship The several states have never enjoyed 90 complete sovereignty. But it is in the very act of severing their connection with Great Britain, they entered into some sort of union. 91 Anomalous character of the Continental Congress. 92 The Articles of Confederation; they sought to establish a “league of friendship” between the States. 93-97 But failed to create a federal government endowed with real sovereignty. 98-111 Military weakness of the government. 101-103 Extreme difficulty of obtaining a revenue. 104, 105 Congress, being unable to pay the army was afraid of it. 106 Supposed scheme for making Washington King. 107 Greene’s experience in South Carolina. 108 Gate’s staff officers and the Newburgh address 109 Danger averted by Washington 110, 111 Congress driven from Philadelphia by mutinous 112 soldiers. The Commutation Act denounced in New England. 113 Order of the Cincinnati 114-117 Reasons for the dread which it inspired. 118 Congress finds itself unable to carry out the provisions of the treaty with Great Britain. 119 Persecution of the loyalists. 120, 121 It was specially severe in New York. 122 Trespass Act of 1784 directed against the loyalists. 123 Character and early career of Alexander Hamilton. 124-126 The case of Rutgers v Waddington. 127, 128 Wholesale emigration of Tories. 129, 130 Congress unable to enforce payment of debts 131 to British creditors. England retaliates by refusing to surrender the fortresses on the north-western frontier. 132, 133 Chapter 4 – Drifting Towards Anarchy The barbarous superstitions of the Middle Ages concerning trade were still rife 134 in the eighteenth century. The old theory of the uses of a colony. 135 Pitt’s unsuccessful attempt to secure free trade between Great Britain and the United States. 136 Ship-building in New England 137 British navigation acts and orders-in-council directed against American commerce. 138 John Adams tried in vain to negotiate a commercial treaty with Great Britain. 139, 140 And could see no escape from the difficulties except in systematic reprisal. 141 But any such reprisal was impracticable, for the several States imposed conflicting duties. 142 Attempts to give Congress the power of regulating commerce were unsuccessful. 143, 144 And the several States began to make commercial war upon one another. 145 Attempts of New York to oppress 146 New Jersey and Connecticut. Retaliatory measures of the two latter states. 147 The quarrel between Connecticut and Pennsylvania over the possession of the valley of Wyoming. 148-150 The quarrel between New York and new Hampshire over the possession of the green Mountains. 151-153 Failure of American diplomacy because European states could not tell whether they were dealing with one nation or with thirteen. 154, 155 Failure of American credit; 156, 157 John Adams begging in Holland. The Barbary Pirates. 158 American citizens kidnapped and sold into slavery. 159 Lord Sheffield’s outrageous pamphlet. 160 Tripoli’s demand for blackmail. 161 Congress unable to protect American citizens. 162 Financial distress after the Revolutionary war. 163, 164 State of the coinage. 165 Cost of the war in money. 166 Robert Morris and his immense services. 167 The craze for paper money. 168 Agitation in the southern and middle States. 169-171 Distress in New England 172 Imprisonment for debt. 173 Rag-money victorious in Rhode Island; 174-176 the “Know Ye” measures. Rag-money defeated in Massachusetts: 177-181 the Shays insurrection. The insurrection suppressed by state troops. 182 Conduct of the neighbouring states. 183 The rebels pardoned. 184 Timidity of Congress. 185, 186 Chapter 5 – Germs of National Sovereignty Creation of a national domain behind the Alleghanies. 187, 188 Conflicting claims to the western territory. 189 Claims of Massachusetts and Connecticut. 189, 190 Claims of New York. 190 Virginia’s claims. 191 Maryland’s novel and beneficent suggestion. 192 The several states yield their claims in favour of the United States. 193, 194 Magnanimity of Virginia. 195 Jefferson proposes a scheme of government for the north-western territory. 196 Names of the proposed ten states. 197 Jefferson wishes to prohibit slavery 198 in the national domain. North Carolina’s cession of western lands 199 John Sevier and the state of Franklin. 200, 201 The north-western territory 202 Origin of the Ohio Company. 203 The Ordinance of 1787. 204-206 Theory of folk-land upon which was based Spain, hearing of the secret article in the treaty of 1783, loses her temper and threatens to shut up the 208, 209 Mississippi River. Gardoqui and Jay. 210 Threats of secession in Kentucky and new England. 211 Washington’s views on the political importance of canals between the east and west. 212 His far-sighted genius and self devotion. 213 Maryland confers with Virginia regarding the navigation of the Potomac. 214 The Madison-Tyler motion in the Virginia legislature. 215 Convention at Annapolis, Sept. 11, 1786. 216 Hamilton’s address calling for a convention 217 at Philadelphia. The impost amendment defeated by the action of New York; last ounce upon the camers back. 218 - 220 Sudden changes in popular sentiment. 221 The Federal Convention meets at Philadelphia, 222 May, 1787. Mr. Gladstone’s opinion of the work of the convention. 223 The Men who were assembled there 224, 225 Character of James Madison. 226, 227 The other leading members. 228 Washington chosen president of the convention. 229 Chapter 6 – The Federal Convention Why the proceedings of the convention were 230 kept secret for so many years. Difficulty of the problem to be solved. 231 Symptoms of cowardice repressed by Washington’s impassioned speech. 232 The root of all the difficulties; the edicts of the federal government had operated only upon states, not upon individuals, and therefore could not 233 - 235 be enforced without danger of war. The Virginia plan, of which Madison was the chief author, offered a radical cure. 236 And was felt to be revolutionary in its character. 237, 239 Fundamental features of the Virginia plan. 240, 241 How it was first received. 242 The House of Representatives must be directly elected by the people. 243 Question as to the representation of states brings out the antagonism between large and small states. 244 William Paterson presents the New Jersey plan; not a radical cure, but a feeble palliative. 245 Struggle between the Virginia and New Jersey plans. 246 – 249 The Connecticut compromise, according to which the national principle is to prevail in the House of Representatives, and the federal principle in the Senate, meets at first with fierce opposition. 250, 251 But at is length adopted. 252 And proves a decisive victory for Madison and his 253 methods. A few irreconcilable members go home in dudgeon. 254 But the small states, having been propitiated, are suddenly converted to Federalism, and make the 255 victory complete. Vague dread of the future west. 255 The struggle between pro-slavery and anti-slavery parties began in the convention, and was quieted by 256 two compromises. Should representation be proportioned to wealth or to 257 population. Were slaves to be reckoned as persons or as chattels? 258 Attitude of the Virginia statesmen. 259 It was absolutely necessary to satisfy South Carolina. 260 The three-fifths compromise, suggested by Madison, was a genuine English solution, if ever there was one. 261 There was neither rhyme nor reason in it, but for all that, it was the best solution attainable at the time. 262 The next compromise was between New England and South Carolina as to the foreign slave-trade and the power of the federal government over commerce. 263 George Madison calls the slave-trade 264 an “infernal traffic”. And the compromise offends and alarms Virginia. 265 Belief in the moribund condition of slavery. 266 The foundations of the Constitution were 267 laid in compromise. Powers granted to the federal government. 268 Use of federal troops in suppressing insurrections. 269 Various federal powers. 270 Provision for a federal city under federal jurisdiction. 271 The Federal Congress might compel the attendance of members. 272 Powers denied to the states. 272 Should the federal government be allowed to make its promissory notes a legal tender in payment of debts? powerful speech by Gouvernor Morris. 273 Emphatic and unmistakable condemnation 274 of paper money by all the leading delegates. The convention refused to grant to the federal government the power of issuing inconvertible paper, but it did not think an express prohibition necessary. 275 If they could have foreseen some recent judgements of the supreme court, they would doubtless have made the prohibition explicit and absolute. 276 Debates as to the federal executive. 277 Sherman’s suggestion as to the true relation of the executive to the legislature. 278 There was to be a single chief magistrate, but how should he be chosen? 279 Objections to an election by Congress. 280 Ellsworth and King suggest the device of an electoral college, which is at first rejected. 281 But afterwards adopted. 282 Provisions for an election by Congress in the case of a failure of choice by the electoral college. 283 Provisions for counting the electoral votes. 284 It was not intended to leave anything to be decided by the President of the Senate. 285 The Convention foresaw imaginary dangers,