Rising spirit of independence, 1775-76.
145. Growth of the Spirit of Independence.--The year 1776 is even more to be remembered for the doings of Congress than it is for the doings of the soldiers. The colonists loved England. They spoke of it as home. They were proud of the strength of the British empire, and glad to belong to it. But their feelings rapidly changed when the British government declared them to be rebels, made war upon them, and hired foreign soldiers to kill them. They could no longer be subjects of George III. That was clear enough. They determined to declare themselves to be independent. Virginia led in this movement, and the chairman of the Virginia delegation moved a resolution of independence. A committee was appointed to draw up a declaration.
[Illustration: FIRST UNITED STATES FLAG. Adopted by Congress in 1777.]
The Great Declaration, adopted July 4, 1776.
Higginson, 194-201; McMaster, 131-135;
Source-Book, 147-149.
Signing of the Declaration, August 2, 1776.
146. The Declaration of Independence, July 4, 1776.--The most important members of this committee were Benjamin Franklin, John Adams, and Thomas Jefferson. Of these Jefferson was the youngest, and the least known. But he had already drawn up a remarkable paper called A Summary View of the Rights of British America. The others asked him to write out a declaration. He sat down without book or notes of any kind, and wrote out the Great Declaration in almost the same form in which it now stands. The other members of the committee proposed a few changes, and then reported the declaration to Congress. There was a fierce debate in Congress over the adoption of the Virginia resolution for independence. But finally it was adopted. Congress then examined the Declaration of Independence as reported by the committee. It made a few changes in the words and struck out a clause condemning the slave-trade. The first paragraph of the Declaration contains a short, clear statement of the basis of the American system of government. It should be learned by heart by every American boy and girl, and always kept in mind. The Declaration was adopted on July 4, 1776. A few copies were printed on July 5, with the signatures of John Hancock and Charles Thompson, president and secretary of Congress. On August 2, 1776, the Declaration was signed by the members of Congress.
[Illustration: Battle of Brandywine.]
Battle of Brandywine 1777. McMaster,
137-138.
Battle of Germantown, 1777.
147. The Loss of Philadelphia, 1777.--For some months after the battle of Princeton there was little fighting. But in the summer of 1777, Howe set out to capture Philadelphia. Instead of marching across New Jersey, he placed his army on board ships, and sailed to Chesapeake Bay. As soon as Washington learned what Howe was about, he marched to Chad's Ford, where the road from Chesapeake Bay to Philadelphia crossed Brandywine Creek. Howe moved his men as if about to attempt to cross the ford. Meantime he sent Cornwallis with a strong force to cross the creek higher up. Cornwallis surprised the right wing of the American army, drove it back, and Washington was compelled to retreat. Howe occupied Philadelphia and captured the forts below the city. Washington tried to surprise a part of the British army which was posted at Germantown. But accidents and mist interfered. The Americans then retired to Valley Forge--a strong place in the hills not far from Philadelphia.
The army at Valley Forge, 1777-78.
[Illustration: "The Glorious WASHINGTON and GATES." FROM TITLE-PAGE OF AN ALMANAC OF 1778. To show condition of wood-engraving in the Revolutionary era.]
Baron Steuben.
148. The Army at Valley Forge, 1777-78.--The sufferings of the soldiers during the following winter can never be overstated. They seldom had more than half enough to eat. Their clothes were in rags. Many of them had no blankets. Many more had no shoes. Washington did all he could do for them. But Congress had no money and could not get any. At Valley Forge the soldiers were drilled by Baron Steuben, a Prussian veteran. The army took the field in 1778, weak in numbers and poorly clad. But what soldiers there were were as good as any soldiers to be found anywhere in the world. During that winter, also, an attempt was made to dismiss Washington from chief command, and to give his place to General Gates. But this attempt ended in failure.
Burgoyne's campaign, 1777. Eggleston,
178-179; McMaster, 139-140; Source-Book, 154-157.
Schuyler and Gates.
149. Burgoyne's March to Saratoga, 1777.--While Howe was marching to Philadelphia, General Burgoyne was marching southward from Canada. It had been intended that Burgoyne and Howe should seize the line of the Hudson and cut New England off from the other states. But the orders reached Howe too late, and he went southward to Philadelphia. Burgoyne, on his part, was fairly successful at first, for the Americans abandoned post after post. But when he reached the southern end of Lake Champlain, and started on his march to the Hudson, his troubles began. The way ran through a wilderness. General Schuyler had had trees cut down across its woodland paths and had done his work so well that it took Burgoyne about a day to march a mile and a half. This gave the Americans time to gather from all quarters and bar his southward way. But many of the soldiers had no faith in Schuyler and Congress gave the command to General Horatio Gates.
Battle of Bennington, 1777. Hero Tales, 59-67.
150. Bennington, 1777.--Burgoyne had with him many cavalrymen. But they had no horses. The army, too, was sadly in need of food. So Burgoyne sent a force of dismounted dragoons to Bennington in southern Vermont to seize horses and food. It happened, however, that General Stark, with soldiers from New Hampshire, Vermont, and western Massachusetts, was nearer Bennington than Burgoyne supposed. They killed or captured all the British soldiers. They then drove back with great loss a second party which Burgoyne had sent to support the first one.
Battle of Oriskany, 1777.
151. Oriskany, 1777.--Meantime St. Leger, with a large body of Indians and Canadian frontiersmen, was marching to join Burgoyne by the way of Lake Ontario and the Mohawk Valley. Near the site of the present city of Rome in New York was Fort Schuyler, garrisoned by an American force. St. Leger stopped to besiege this fort. The settlers on the Mohawk marched to relieve the garrison and St. Leger defeated them at Oriskany. But his Indians now grew tired of the siege, especially when they heard that Arnold with a strong army was coming. St. Leger marched back to Canada and left Burgoyne to his fate.
First battle of Freeman's Farm, 1777.
Second battle of Freeman's Farm, 1777.
Surrender of the British at Saratoga, 1777.
152. Saratoga, 1777.--Marching southward, on the western side of the Hudson, Burgoyne and his army came upon the Americans in a forest clearing called Freeman's Farm. Led by Daniel Morgan and Benedict Arnold the Americans fought so hard that Burgoyne stopped where he was and fortified the position. This was on September 19. The American army posted itself near by on Bemis' Heights. For weeks the two armies faced each other. Then, on October 7, the Americans attacked. Again Arnold led his men to victory. They captured a fort in the centre of the British line, and Burgoyne was obliged to retreat. But when he reached the crossing place of the Hudson, to his dismay he found a strong body of New Englanders with artillery on the opposite bank. Gates had followed the retiring British, and soon Burgoyne was practically surrounded. His men were starving, and on October 17 he surrendered.
The Treaty of Alliance, 1778.
153. The French Alliance, 1778.--Burgoyne's defeat made the French think that the Americans would win their independence. So Dr. Franklin, who was at Paris, was told that France would recognize the independence of the United States, would make treaties with the new nation, and give aid openly. Great Britain at once declared war on France. The French lent large sums of money to the United States. They sent large armies and splendid fleets to America. Their aid greatly shortened the struggle for independence. But the Americans would probably have won without French aid.
The British leave Philadelphia 1778.
Battle of Monmouth, 1778.
154. Monmouth, 1778.--The first result of the French alliance was the retreat of the British from Philadelphia to New York. As Sir Henry Clinton, the new British commander, led his army across the Jerseys, Washington determined to strike it a blow. This he did near Monmouth. The attack was a failure, owing to the treason of General Charles Lee, who led the advance. Washington reached the front only in time to prevent a dreadful disaster. But he could not bring about victory, and Clinton seized the first moment to continue his march to New York. There were other expeditions and battles in the North. But none of these had any important effect on the outcome of the war.
[Illustration: Clark's Campaign 1777-1778]
Clark's conquest of the Northwest, 1778-79. Hero Tales, 31-41.
155. Clark's Western Campaign, 1778-79.--The Virginians had long taken great interest in the western country. Their hardy pioneers had crossed the mountains and begun the settlement of Kentucky. The Virginians now determined to conquer the British posts in the country northwest of the Ohio. The command was given to George Rogers Clark. Gathering a strong band of hardy frontiersmen he set out on his dangerous expedition. He seized the posts in Illinois, and Vincennes surrendered to him. Then the British governor of the Northwest came from Detroit with a large force and recaptured Vincennes. Clark set out from Illinois to surprise the British. It was the middle of the winter. In some places the snow lay deep on the ground. Then came the early floods. For days the Americans marched in water up to their waists. At night they sought some little hill where they could sleep on dry ground. Then on again through the flood. They surprised the British garrison at Vincennes and forced it to surrender. That was the end of the contest for the Northwest.
[Illustration: WEST POINT IN 1790.]
Benedict Arnold.
His treason, 1780 Higginson, 209-211; McMaster,
144
156. Arnold and André, 1780.--Of all the leaders under Washington none was abler in battle than Benedict Arnold. Unhappily he was always in trouble about money. He was distrusted by Congress and was not promoted. At Saratoga he quarrelled with Gates and was dismissed from his command. Later he became military governor of Philadelphia and was censured by Washington for his doings there. He then secured the command of West Point and offered to surrender the post to the British. Major André, of Clinton's staff, met Arnold to arrange the final details. On his return journey to New York André was arrested and taken before Washington. The American commander asked his generals if André was a spy. They replied that André was a spy, and he was hanged. Arnold escaped to New York and became a general in the British army.
Invasion of the South.
Capture of Charleston, 1780.
157. Fall of Charleston, 1780.--It seemed quite certain that Clinton could not conquer the Northern states with the forces given him. In the South there were many loyalists. Resistance might not be so stiff there. At all events Clinton decided to attempt the conquest of the South. Savannah was easily seized (1778), and the French and Americans could not retake it (1779). In the spring of 1780, Clinton, with a large army, landed on the coast between Savannah and Charleston. He marched overland to Charleston and besieged it from the land side. The Americans held out for a long time. But they were finally forced to surrender. Clinton then sailed back to New York, and left to Lord Cornwallis the further conquest of the Carolinas.
Battle of Camden, 1780.
158. Gates's Defeat at Camden, 1780.--Cornwallis had little trouble in occupying the greater part of South Carolina. There was no one to oppose him, for the American army had been captured with Charleston. Another small army was got together in North Carolina and the command given to Gates, the victor at Saratoga. One night both Gates and Cornwallis set out to attack the other's camp. The two armies met at daybreak, the British having the best position. But this really made little difference, for Gates's Virginia militiamen ran away before the British came within fighting distance. The North Carolina militia followed the Virginians. Only the regulars from Maryland and Delaware were left. They fought on like heroes until their leader, General John De Kalb, fell with seventeen wounds. Then the survivors surrendered. Gates himself had been carried far to the rear by the rush of the fleeing militia.
Battle of King's Mountain, 1780. Hero Tales, 71-78.
159. King's Mountain, October, 1780.--Cornwallis now thought that resistance surely was at an end. He sent an expedition to the settlements on the lower slopes of the Alleghany Mountains to get recruits, for there were many loyalists in that region. Suddenly from the mountains and from the settlements in Tennessee rode a body of armed frontiersmen. They found the British soldiers encamped on the top of King's Mountain. In about an hour they had killed or captured every British soldier.
[Illustration: THE SOUTHERN CAMPAIGNS.]
General Greene.
Morgan's victory of the Cowpens, 1781.
160. The Cowpens, 1781.--General Greene was now sent to the South to take charge of the resistance to Cornwallis. A great soldier and a great organizer Greene found that he needed all his abilities. His coming gave new spirit to the survivors of Gates's army. He gathered militia from all directions and marched toward Cornwallis. Dividing his army into two parts, he sent General Daniel Morgan to threaten Cornwallis from one direction, while he threatened him from another direction. Cornwallis at once became uneasy and sent Tarleton to drive Morgan away, but the hero of many hard-fought battles was not easily frightened. He drew up his little force so skillfully that in a very few minutes the British were nearly all killed or captured.
[Illustration: GENERAL MORGAN THE HERO OF COWPENS.]
Greene's retreat.
The Battle of Guilford, 1781.
161. The Guilford Campaign, 1781.--Cornwallis now made a desperate attempt to capture the Americans, but Greene and Morgan joined forces and marched diagonally across North Carolina. Cornwallis followed so closely that frequently the two armies seemed to be one. When, however, the river Dan was reached, there was an end of marching, for Greene had caused all the boats to be collected at one spot. His men crossed and kept the boats on their side of the river. Soon Greene found himself strong enough to cross the river again to North Carolina. He took up a very strong position near Guilford Court House. Cornwallis attacked. The Americans made a splendid defense before Greene ordered a retreat, and the British won the battle of Guilford. But their loss was so great that another victory of the same kind would have destroyed the British army. As it was, Greene had dealt it such a blow that Cornwallis left his wounded at Guilford and set out as fast as he could for the seacoast. Greene pursued him for some distance and then marched southward to Camden.
Greene's later campaigns, 1871-83.
162. Greene's Later Campaigns.--At Hobkirk's Hill, near Camden, the British soldiers who had been left behind by Cornwallis attacked Greene. But he beat them off and began the siege of a fort on the frontier of South Carolina. The British then marched up from Charleston, and Greene had to fall back. Then the British marched back to Charleston and abandoned the interior of South Carolina to the Americans. There was only one more battle in the South--at Eutaw Springs. Greene was defeated there, too, but the British abandoned the rest of the Carolinas and Georgia with the exception of Savannah and Charleston. In these wonderful campaigns with a few good soldiers Greene had forced the British from the Southern states. He had lost every battle. He had won every campaign.
Lafayette and Cornwallis, 1781.
163. Cornwallis in Virginia, 1781.--There were already two small armies in Virginia,--the British under Arnold, the Americans under Lafayette. Cornwallis now marched northward from Wilmington and added the troops in Virginia to his own force; Arnold he sent to New York. Cornwallis then set out to capture Lafayette and his men. Together they marched from salt water across Virginia to the mountains--and then they marched back to salt water again. Cornwallis had called Lafayette "the boy" and had declared that "the boy should not escape him." Finally Cornwallis fortified Yorktown, and Lafayette settled down at Williamsburg. And there they still were in September, 1781.
The French at Newport, 1780.
Plans of the allies, 1781.
164. Plans of the Allies.--In 1780 the French government had sent over a strong army under Rochambeau. It was landed at Newport. It remained there a year to protect the vessels in which it had come from France from capture by a stronger British fleet that had at once appeared off the mouth of the harbor. Another French fleet and another French army were in the West Indies. In the summer of 1781 it became possible to unite all these French forces, and with the Americans to strike a crushing blow at the British. Just at this moment Cornwallis shut himself up in Yorktown, and it was determined to besiege him there.
THE UNITED STATES IN 1783.
The Siege of Yorktown.
The march to the Chesapeake.
Combat between the French and the British fleets.
Surrender of Yorktown, October 19, 1781. Higginson,
211-212.
165. Yorktown, September-October, 1781.--Rochambeau led his men to New York and joined the main American army. Washington now took command of the allied forces. He pretended that he was about to attack New York and deceived Clinton so completely that Clinton ordered Cornwallis to send some of his soldiers to New York. But the allies were marching southward through Philadelphia before Clinton realized what they were about. The French West India fleet under De Grasse reached one end of the Chesapeake Bay at the same time the allies reached the other end. The British fleet attacked it and was beaten off. There was now no hope for Cornwallis. No help could reach him by sea. The soldiers of the allies outnumbered him two to one. On October 17, 1781, four years to a day since the surrender of Burgoyne, a drummer boy appeared on the rampart of Yorktown and beat a parley. Two days later the British soldiers marched out to the good old British tune of "The world turned upside down," and laid down their arms.
Treaty of Peace, 1783.
166. Treaty of Peace, 1783.--This disaster put an end to British hopes of conquering America. But it was not until September, 1783, that Benjamin Franklin, John Adams, and John Jay brought the negotiations for peace to an end. Great Britain acknowledged the independence of the United States. The territory of the United States was defined as extending from the Great Lakes to the thirty-first parallel of latitude and from the Atlantic to the Mississippi. Spain had joined the United States and France in the war. Spanish soldiers had conquered Florida, and Spain kept Florida at the peace. In this way Spanish Florida and Louisiana surrounded the United States on the south and the west. British territory bounded the United States on the north and the northeast.
QUESTIONS AND TOPICS
CHAPTER 14
§§ 134-136.--a. Compare the advantages of the British and the Americans. Which side had the greater advantages?
b. Explain the influence of geographical surroundings upon the war.
c. Why were there so many loyalists?
§§ 137-139.--a. Mold or draw a map of Boston and vicinity and explain by it the important points of the siege.
b. Who won the battle of Bunker Hill? What were the effects of the battle upon the Americans? Upon the British?
c. Why was Washington appointed to chief command?
d. What were the effects of the seizure of Ticonderoga on the siege of Boston?
§§ 140, 141.--a. Why did Congress determine to attack Canada? b. Follow the routes of the two invading armies. What was the result of the expedition?
c. Describe the harbor of Charleston. Why did the British attack at this point?
d. What was the result of this expedition?
§§ 142, 143.--a. What advantage would the occupation of New York give the British?
b. Describe the Long Island campaign.
c. Why did Congress give Washington sole direction of the war? Who had directed the war before?
§§ 144, 145.--a. Describe the battle of Trenton. Why is it memorable?
b. Who were the Hessians?
c. At the close of January, 1777, what places were held by the British?
§§146, 147.--a. What had been the feeling of most of the colonists toward England? Why had this feeling changed?
b. Why was Jefferson asked to write the Declaration?
c. What great change was made by Congress in the Declaration? Why?
d. What truths are declared to be self-evident? Are they still self-evident?
e. What is declared to be the basis of government? Is it still the basis of government?
f. When was the Declaration adopted? When signed?
§§ 148, 149.--a. Describe Howe's campaign of 1777.
b. What valuable work was done at Valley Forge?
§§ 150-153.--a. What was the object of Burgoyne's campaign? Was the plan a wise one from the British point of view?
b. What do you think of the justice of removing Schuyler?
c. How did the battle of Bennington affect the campaign? What was the effect of St. Leger's retreat to Canada?
d. Describe Arnold's part in the battles near Saratoga.
§§ 154, 155.--a. What was the effect of Burgoyne's surrender on Great Britain? On France? On America?
b. What were the results of the French alliance?
c. Describe the battle of Monmouth. Who was Charles Lee?
§ 156.--a. Describe Clark's expedition and mark on a map the places named. b. How did this expedition affect the later growth of the United States?
§ 157.--a. Describe Arnold's career as a soldier to 1778. b. What is treason? c. Was there the least injustice in the treatment of André?
Chapter 16
§§ 158, 159.--a. Why was the scene of action transferred to the South? b. What places were captured? c. Compare the British and American armies at Camden. What was the result of this battle?
§§ 160-163.--a. Describe the battle of King's Mountain. b. What was the result of the battle of the Cowpens? c. Follow the retreat of the Americans across North Carolina. What events showed Greene's foresight? d. What were the results of the battle of Guilford? e. Compare the outlook for the Americans in 1781 with that of 1780.
§§ 164-166. a. How did the British army get to Yorktown? b. Describe the gathering of the Allied Forces. c. Describe the surrender and note its effects on America, France, and Great Britain.
§ 167.--a. Where were the negotiations for peace carried on? b. Mark on a map the original territory of the United States. c. How did Spain get the Floridas?
General Questions
a. When did the Revolution begin? When did it end? b. Were the colonies independent when the Declaration of Independence was adopted? c. Select any campaign and discuss its objects, plan, the leading battles, and the results. d. Follow Washington's movements from 1775-82. e. What do you consider the most decisive battle of the war? Why?
Topics For Special Work
a. Naval victories. b. Burgoyne's campaign. c. Greene as a general. d. Nathan Hale. e. The peace negotiations.
Suggestions
The use of map or molding board should be constant during the study of this period. Do not spend time on the details of battles, but teach campaigns as a whole. In using the molding board the movements of armies can be shown by colored pins.
The Declaration of Independence should be carefully studied, especially the first portions. Finally, the territorial settlement of 1783 should be thoroughly explained, using map or molding board.
References.--Higginson's Larger History, 293-308; Fiske's Civil Government, 186-267; McMaster's With the Fathers.
Home Readings.--Fiske's Critical Period, 144-231, 306-345; Captain Shays: A Populist of 1786.
Disunion and jealousy. Source-Book, 161-163.
167. Problems of Peace.--The war was over. But the future of the American nation was still uncertain. Indeed, one can hardly say that there was an American nation in 1783. While the war lasted, a sense of danger bound together the people of the different states. But as soon as this peril ceased, their old jealousies and self-seekings came back. There was no national government to smooth over these differences and to compel the states to act justly toward one another. There was, indeed, the Congress of the Confederation, but it is absurd to speak of it as a national government.
Formation of the Articles of Confederation.
Weakness of the Confederation. McMaster, 163.
168. The Articles of Confederation, 1781.--The Continental Congress began drawing up the Articles of Confederation in June, 1776. But there were long delays, and each month's delay made it more impossible to form a strong government. It fell out in this way that the Congress of the Confederation had no real power. It could not make a state or an individual pay money or do anything at all. In the course of a few years Congress asked the states to give it over six million dollars to pay the debts and expenses of the United States. It received about a million dollars and was fortunate to get that.
Distress among the people.
169. A Time of Distress.--It is not right to speak too harshly of the refusal of the state governments to give Congress the money it asked for, as the people of the states were in great distress and had no money to give. As soon as peace was declared British merchants sent over great quantities of goods. People bought these goods, for every one thought that good times were coming now that the war was over. But the British government did everything it could do to prevent the coming of good times. The prosperity of the northern states was largely based on a profitable trade with the West Indies. The British government put an end to that trade. No gold and silver came to the United States from the West Indies while gold and silver constantly went out of the country to pay debts due to British merchants. Soon gold and silver grew scarce, and those who had any promptly hid it. The real reason of all this trouble was the lack of a strong national government which could have compelled the British government to open its ports to American commerce. But the people only saw that money was scarce and called upon the state legislatures to give them paper money.
Paper money.
170. Paper Money.--Most of the state legislatures did what they were asked to do. They printed quantities of paper money. They paid the public expenses with it, and sometimes lent it to individuals without much security for its repayment. Before long this paper money began to grow less valuable. For instance, on a certain day a man could buy a bag of flour for five dollars. In three months' time a bag of flour might cost him ten dollars. Soon it became difficult to buy flour for any number of paper dollars.
Tender laws.
171 Tender Laws.--The people then clamored for "tender laws." These were laws which would make it lawful for them to tender, or offer, paper money in exchange for flour or other things. In some cases it was made lawful to tender paper money in payments of debts which had been made when gold and silver were still in use. The merchants now shut up their shops, and business almost ceased. The lawyers only were busy. For those to whom money was owed tried to get it paid before the paper money became utterly worthless. The courts were crowded, and the prisons were filled with poor debtors.
Stay laws.
172. Stay Laws.--Now the cry was for "stay laws." These were laws to prevent those to whom money was due from enforcing their rights. These laws promptly put an end to whatever business was left. The only way that any business could be carried on was by barter. For example, a man who had a bushel of wheat that he did not want for his family would exchange it for three or four bushels of potatoes, or for four or five days of labor. In some states the legislatures passed very severe laws to compel people to receive paper money. In one state, indeed, no one could vote who would not receive paper money.
[Illustration: STATE STREET, BOSTON, ABOUT 1790. The Boston Massacre occurred near where the two-horse wagon stands.]
Disorder in Massachusetts.
173. Shays's Rebellion, 1786-87.--In Massachusetts, especially, the discontent was very great. The people were angry with the judges for sending men to prison who did not pay their debts. Crowds of armed men visited the judges and compelled them to close the courts. The leader in this movement was Daniel Shays. He even threatened to seize the United States Arsenal at Springfield. By this time Governor Bowdoin and General Lincoln also had gathered a small force of soldiers. In the midst of winter, through snowstorms and over terrible roads, Lincoln marched with his men. He drove Shays from place to place, captured his followers, and put down the rebellion. There were risings in other states, especially in North Carolina. But Shays's Rebellion in Massachusetts was the most important of them all, because it convinced the New Englanders that a stronger national government was necessary.
CLAIMS AND CESSIONS.
Claims of the states to Western lands.
McMaster, 155.
Hero Tales, 19-28.
Opposition of Maryland and of other states.
174. Claims to Western Lands.--The Confederation seemed to be falling to pieces. That it did not actually fall to pieces was largely due to the fact that all the states were interested in the settlement of the region northwest of the Ohio River. It will be well to stop a moment and see how this came about. Under their old charters Massachusetts, Connecticut, Virginia, Carolina, and Georgia had claims to lands west of the Alleghanies. Between 1763 and 1776 the British government had paid slight heed to these claims (pp. 75, 89). But Daniel Boone and other colonists had settled west of the mountains in what are now the states of Kentucky and Tennessee. When the Revolution began the states having claims to western lands at once put them forward, and New York also claimed a right to about one-half of the disputed territory. Naturally, the states that had no claims to these lands had quite different views. The Marylanders, for example, thought that the western lands should be regarded as national territory and used for the common benefit. Maryland refused to join the Confederation until New York had ceded her claims to the United States, and Virginia had proposed a cession of the territory claimed by her.
The states cede their claims to the United States. McMaster, 159-160.
175. The Land Cessions.--In 1784 Virginia gave up her claims to the land northwest of the Ohio River with the exception of certain large tracts which she reserved for her veteran soldiers. Massachusetts ceded her claims in 1785. The next year (1786) Connecticut gave up her claims. But she reserved a large tract of land directly west of Pennsylvania. This was called the Connecticut Reserve or, more often, the Western Reserve. South Carolina and North Carolina ceded their lands in 1787 and 1790, and finally Georgia gave up her claims to western lands in 1802.
Reasons for the ordinance.
Passage of Ordinance of 1787. McMaster, 160-162;
Source-Book, 169-172.
Passage of Ordinance of 1787. McMaster, 160-162;
Source-Book, 169-172.
176. Passage of the Ordinance of 1787.--What should be done with the lands which in this way had come into the possession of the people of all the states? It was quite impossible to divide these lands among the people of the thirteen states. They never could have agreed as to the amount due to each state. In 1785 Congress took the first step. It passed a law or an ordinance for the government of the Territory Northwest of the Ohio River. This ordinance was imperfect, and few persons emigrated to the West. There were many persons who wished to emigrate from the old states to the new region. But they were unwilling to go unless they felt sure that they would not be treated by Congress as the British government had treated the people of the original states. Dr. Cutler of Massachusetts laid these matters before Congress and did his work so well that Congress passed a new ordinance. This was in 1787. The ordinance is therefore called the Ordinance of 1787. It was so well suited to its purpose that nearly all the territories of the United States have been settled and governed under its provisions. It will be well to study this great document more at length.
Provisions of the Ordinance of 1787.
177. The Ordinance of 1787.--In the first place the ordinance provided for the formation of one territory to be called the Territory Northwest of the Ohio. But it is more often called the Northwest Territory or simply the Old Northwest. At first it was to be governed by the persons appointed by Congress. But it was further provided that when settlers should arrive in sufficient numbers they should enjoy self-government. When fully settled the territory should be divided into five states. These should be admitted to the Confederation on a footing of equality with the original states. The settlers in the territory should enjoy full rights of citizenship. Education should be encouraged. Slavery should never be permitted. This last provision is especially important as it saved the Northwest to freedom. In this way a new political organization was invented. It was called a territory. It was really a colony; but it differed from all other colonies because in time it would become a state on a footing of entire equality with the parent states.
Weakness of the Confederation.
Meeting of the Federal Convention, 1787.
178. Necessity for a New Government.--At this very moment a convention was making a constitution to put an end to the Confederation itself. It was quite clear that something must be done or the states soon would be fighting one another. Attempt after attempt had been made to amend the Articles of Confederation so as to give Congress more power. But every attempt had failed because the consent of every state was required to amend the Articles. And one state or another had objected to every amendment that had been proposed. It was while affairs were in this condition that the Federal Convention met at Philadelphia in May, 1787.
James Madison.
179. James Madison.--Of all the members of the Convention, James Madison of Virginia best deserves the title of Father of the Constitution. He drew up the Virginia plan which was adopted as the basis of the new Constitution. He spoke convincingly for the plan in the Convention. He did more than any one else to secure the ratification of the Constitution by Virginia. He kept a careful set of Notes of the debates of the Convention which show us precisely how the Constitution was made. With Alexander Hamilton and John Jay he wrote a series of papers which is called the Federalist and is still the best guide to the Constitution.
[Illustration: JAMES MADISON.]
Washington President of the Convention.
Franklin.
180. Other Fathers of the Constitution.--George Washington was chosen President of the Convention. He made few speeches. But the speeches that he made were very important. And the mere fact that he approved the Constitution had a tremendous influence throughout the country. The oldest man in the Convention was Benjamin Franklin. His long experience in politics and in diplomacy with his natural shrewdness had made him an unrivaled manager of men. From all the states came able men. In fact, with the exception of John Adams, Samuel Adams, Patrick Henry, and Thomas Jefferson, the strongest men in political life were in the Federal Convention. Never in the history of the world have so many great political leaders, learned students of politics, and shrewd business men gathered together. The result of their labors was the most marvelous product of political wisdom that the world has ever seen.
[Illustration: THE OLD STATE HOUSE, PHILADELPHIA. Meeting place of the Continental Congress and of the Federal Convention--now called Independence Hall.]
The Virginia plan.
Pinckney's plan.
Vote for a national government.
181. Plans for a National Government.--As soon as the Convention was in working order, Governor Randolph of Virginia presented Madison's plan for a "national" government. Charles Pinckney of South Carolina also brought forward a plan. His scheme was more detailed than was Madison's plan. But, like it, it provided for a government with "supreme legislative, executive, and judicial powers." On May 30 the Convention voted that a "national government ought to be established, consisting of a supreme Legislative, Executive, and Judiciary." It next decided that the legislative department should consist of two houses. But when the delegates began to talk over the details, they began to disagree.
The New Jersey plan.
182. Disagreement as to Representation.--The Virginia plan proposed that representation in one branch of the new Congress should be divided among the states according to the amount of money each state paid into the national treasury, or according to the number of the free inhabitants of each state. The Delaware delegates at once said that they must withdraw. In June Governor Patterson of New Jersey brought forward a plan which had been drawn up by the delegates from the smaller states. It is always called, however, the New Jersey plan. It proposed simply to amend the Articles of Confederation so as to give Congress more power. After a long debate the New Jersey plan was rejected.
[Illustration: Benjamin Franklin. "He snatched the lightning from Heaven, and the sceptre from tyrants." --TURGOT.]
Representation in the House of Representatives.
McMaster, 167.
Representation in the Senate.
183. The Compromise as to Representation.--The discussion now turned on the question of representation in the two houses of Congress. After a long debate and a good deal of excitement Benjamin Franklin and Roger Sherman proposed a compromise. This was, that members of the House of Representatives should be apportioned among the states according to their population and should be elected directly by the people. In the Senate they proposed that each state, regardless of size, population, or wealth, should have two members. The Senators, representing the states, would fittingly be chosen by the state legislatures. It was agreed that the states should be equally represented in the Senate. But it was difficult to reach a conclusion as to the apportionment of representatives in the House.
The federal ratio.
184. Compromise as to Apportionment.--Should the members of the House of Representatives be distributed among the states according to population? At first sight the answer seemed to be perfectly clear. But the real question was, should slaves who had no vote be counted as a part of the population? It was finally agreed that the slaves should be counted at three-fifths of their real number. This rule was called the "federal ratio." The result of this rule was to give the Southern slave states representation in Congress out of all proportion to their voting population.
Power of Congress over commerce.
Restriction as to slave-trade.
185. Compromise as to the Slave-Trade.--When the subject of the powers to be given to Congress came to be discussed, there was even greater excitement. The Northerners wanted Congress to have power to regulate commerce. But the Southerners opposed it because they feared Congress would use this power to put an end to the slave-trade. John Rutledge of South Carolina even went so far as to say that unless this question was settled in favor of the slaveholders, the slave states would "not be parties to the Union." In the end this matter also was compromised by providing that Congress could not prohibit the slave-trade until 1808. These were the three great compromises. But there were compromises on so many smaller points that we cannot even mention them here.
[Illustration: SIGNING OF THE CONSTITUTION, SEPTEMBER 17, 1787. From an early unfinished picture. This shows the arrangement of the room and the sun behind Washington's chair.]
Franklin's prophecy.
186. Franklin's Prophecy.--It was with a feeling of real relief that the delegates finally came to the end of their labors. As they were putting their names to the Constitution, Franklin pointed to a rising sun that was painted on the wall behind the presiding officer's chair. He said that painters often found it difficult to show the difference between a rising sun and a setting sun. "I have often and often," said the old statesman, "looked at that behind the President, without being able to tell whether it was rising or setting; but now, at length, I have the happiness to know that it is a rising and not a setting sun." And so indeed it has proved to be.
Strength of the Constitution. McMaster, 168-169.
187. The Constitution.--It will be well now to note some of the points in which the new Constitution was unlike the old Articles of Confederation. In the first place, the government of the Confederation had to do only with the states; the new government would deal directly with individuals. For instance, when the old Congress needed money, it called on the states to give it. If a state refused to give any money, Congress could remonstrate--and that was all. The new government could order individuals to pay taxes. Any one who refused to pay his tax would be tried in a United States court and compelled to pay or go to prison. In the second place the old government had almost no executive powers. The new government would have a very strong executive in the person of the President of the United States.
Interpretation of the Constitution.
John Marshall's decisions.
188. The Supreme Court.--But the greatest difference of all was to be found in the Supreme Court of the United States provided in the Constitution. The new Congress would have very large powers of making laws. But the words defining these powers were very hard to understand. It was the duty of the Supreme Court to say what these words meant. Now the judges of the Supreme Court are very independent. It is almost impossible to remove a judge of this court, and the Constitution provides that his salary cannot be reduced while he holds office. It fell out that under the lead of Chief Justice John Marshall the Supreme Court defined the doubtful words in the Constitution so as to give the greatest amount of power to the Congress of the United States. As the laws of the United States are the supreme laws of the land, it will be seen how important this action of the Supreme Court has been.
[Illustration: OPENING LINES OF THE CONSTITUTION.]
Opposition to the Constitution. Source-Book, 172-175.
189. Objections to the Constitution.--The great strength of the Constitution alarmed many people. Patrick Henry declared that the government under the new Constitution would be a national government and not a federal government at all. Other persons objected to the Constitution because it took the control of affairs out of the hands of the people. For example, the Senators were to be chosen by the state legislatures, and the President was to be elected in a round-about way by presidential electors. Others objected to the Constitution because there was no Bill of Rights attached to it. They pointed out, for instance, that there was nothing in the Constitution to prevent Congress from passing laws to destroy the freedom of the press. Finally a great many people objected to the Constitution because there was no provision in it reserving to the states or to the people those powers that were not expressly given to the new government.
[Illustration: CONSTITUTION OF THE UNITED STATES.]
Opponents of the Constitution.
The first ten amendments.
190. The First Ten Amendments.--These defects seemed to be so grave that patriots like Patrick Henry, R.H. Lee, Samuel Adams, and John Hancock could not bring themselves to vote for its adoption. Conventions of delegates were elected by the people of the several states to ratify or to reject the Constitution. The excitement was intense. It seemed as if the Constitution would not be adopted. But a way was found out of the difficulty. It was suggested that the conventions should consent to the adoption of the Constitution, but should, at the same time, propose amendments which would do away with many of these objections. This was done. The first Congress under the Constitution and the state legislatures adopted most of these amendments, and they became a part of the Constitution. There were ten amendments in all, and they should be studied as carefully as the Constitution itself is studied.
Constitution adopted. Higginson, 216; Source-Book, 175-180.
191. The Constitution Adopted, 1787-88.--In June, 1788, New Hampshire and Virginia adopted the Constitution. They were the ninth and tenth states to take this action. The Constitution provided that it should go into effect when it should be adopted by nine states, that is, of course, it should go into effect only between those states. Preparations were now made for the organization of the new government. But this took some time. Washington was unanimously elected President, and was inaugurated in April, 1789. By that time North Carolina and Rhode Island were the only states which had not adopted the Constitution and come under the "New Roof," as it was called. In a year or two they adopted it also, and the Union of the thirteen original states was complete.