History of the United States under the Constitution

Preface

. To write, without fear or favor, a History of the United States under the Constitution has long been my cherished wish. For more than fifteen years past I have, as a diversion from graver professional tasks, pursued special studies for that period which ends with the War of 1812 ; and it is ten years ago this day since I laid aside the first draft of the Introductory Chapter contained in the present volume to fulfil more pressing literary engagements of another character. These statements, which the reader may think trivial, I make in order to convince him that the present work has not been un dertaken hastily nor without serious preparation. There is no narrative in existence from which one may safely gather the later record of our country's career ; no narrative, I mean, of ample his torical scope, prepared from a critical and minute study of the copious materials of the past.

The venerable Mr. Bancroft's mas terly achievements as the historian of America stop short of the constitutional era ; it is our colonial and revolutionary periods alone that he has made his own. We can find but one work, that of Mr. Hildreth, which shows the diligent research of a scholar among the accumulated records of 1783-1817, a work of whose high merits as to the three final volumes I may be permitted to speak after a minute comparison of almost every page with au thentic materials elsewhere gathered ; yet Mr. Hildreth wrote more than thirty years ago, with the horizon 1 ines ofhis generation. Since that time the lives and writings of Hamilton, the Adamses, Jefferson, Madison, Monroe (whose private papers at the State Department are not yet printed), Pickering, Cabot, Gallatin, and other early leaders of our constitutional era, not excepting Wash ington himself, have been far more fully explored, while Gris wold, Lossing, Westcott, and others, give us many new picturesque ( iii ) PEEFACE.

IV details of the early administrations, without by any means ex hausting the supply. While confirming Mr. Hildreth 's accuracy, therefore, In general details, I am constrained to differ from him in many particulars, and most widely as to estimates of our political leaders and their motives; the plan, too, the expression, the historic unities of his work by no means coincide with those herein favored. Some of our later biographers, I may add, have touched upon this same period of American history, as illustrated by the post humous papers of the particular statesman described. But all such narratives are partial and incomplete, historically consid ered, however gratifying to the mind and graphic may be the portraiture of society from its representative men. Political bi ography distorts events necessarily to give effect to a personal example ; for the public progress of a new republic and of a people like ours is the advance of a swelling host whose force and direction are determined by a myriad of influences, while individuals who contribute their strength rise into view and then disappear.

It is to trace this general advance, and distinguish these impelling influences, whether individual or collective, political, moral, or social, that one should devote himself in a work like the present ; and in pursuance of such an object I have availed myself of whatever fresh materials such writers and collectors furnish, without relying implicitly upon any one of them. My main desire is to interest and instruct my countrymen in a period of American history which exhibits the primitive Union, and primitive manners ; a period whose lessons are most salutary even at this day, though the march of events be unaccompanied by "sonorous metal " or martial pomp. To enumerate the authorities consulted for these two volumes* would savor too much of pedantry. The leading works relied upon will be found cited in the foot-notes, and to many of them I have just alluded ; though these are by no means the author's sole sources of information.

Most of the localities described are personally familiar to me, and local information has been gleaned in various directions. My chief acknowledgments are due to the * The present volume conducts the narrative to March, 1801, and the second volume, now in active preparation, continues it to March 1817.

PREFACE.

. V successive Secretaries of State, Seward, Pish, and Evarts, for information contained in the public archives ; to Mr. Spofford, the Librarian of Congress ; and for valuable materials relating to early abolition societies, and Philadelphia as our temporary capital, to Mr. Wallace, President of the Pennsylvania Histori cal Society. I have made free use of three excellent libraries, the Library of Congress, in Washington, and the Public and Athenæum Libraries in Boston, of which the last named has a choice collection of old newspapers and periodicals, highly valu able. All accessible evidence, from whatever sources, has been eagerly gathered, which, however, I have sifted and weighed by the usual rules, preferring at all times contemporary testimony to that of later compilers. James Schouleb. North Conway, N. H., July 15th, 1880. CONTENTS.

Chapter I. Introductory

Section I. THE THIRTEEN CONFEDERATE STATES. 1783-1787. P1GK The United States at close of Revolution, 1 Area, boundaries, and population, 2 American slavery in 1783, .3 The two leading States, Virginia and Massachusetts, ... 6 Character of other States, 11 Progress by 1783 towards a Federal union, 12 Continental Congress ; Declaration of Independence, . . .12 Articles of Confederation, their provisions, 14 Defects in this scheme of union, 16 Large and small States ; State reconstruction, 17 Peace with Great Britain ; Washington resigns, . . . .18 Army disbanded ; the Cincinnati, 19 Difficulties of Federal government after cessation of war, . . 19 Decline of authority 1781-1783 ; mutineers insult Congress, . . 20 Disorganizing forces of civil war, 21 State pride ; inter-State rivalries, 21 Financial situation ; confederacy gloomy 22 General delinquency and disobedience, 22 Remedies proposed ; amendments to the Articles, etc., or else a convention, 23 Influence of two young men, Hamilton and Madison, . . .24 Their co-operation towards a new union, 27 Impost amendment proposed by Congress, 28 Absence of older leaders ; Washington's influence, . . . .29 Alexandria commissioners meet in 1785, 29 Annapolis conference of 1786 follows, 30 This conference proposes Philadelphia convention of May, 1787, . 31 CONTENTS.

PAGB Desperate Federal condition 1786-87 favors convention, . . 31 Diplomatic troubles ; sectional rivalry ; dismemberment of old States, 31 Shays rebellion in Massachusetts 32 Failure of impost amendment ; New York rejects, . . . .34 Philadelphia convention plan sanctioned accordingly by States and Congress, 35 Section EL THE CONSTITUTIONAL CONVENTION. May 14-September 17, 1787. Quorum of seven States at Philadelphia, May 25th, . . .36 Washington made President on Franklin's motion, . . .36 Standing rules ; vote by States ; secret deliberations, . . .36 Reported proceedings ; Madison's notes, etc., 37 Members of convention ; character of convention, . . . .37 General course of proceedings, 38 Randolph's plan for new union ; New Jersey plan, etc., . . .38 Plans of Pinckney and Hamilton, 39 Three great compromises of our Constitution, 41 Provisions relating to legislative branch, . . . . .41 Provisions as to Executive term, electoral choice, etc., . . .42 The judiciary ; supremacy over States ; miscellaneous provisions, . 44 Power of amendment, etc., 46 Final draft of Constitution ; signing ; adjournment, . . .46 Section III.

A MORE PERFECT UNION. September 18, 1787-March 3, 1789. Origin of political parties in the United States, . . . .47 Parties previous to American Revolution, 48 Whig and Tory in America ; Whigs resist the King and become revolutionists, 51 New elements of political dissension during Revolution, . . .52 Tendency of political parties, 1783 to 1787, 53 New issues and national parties as to adoption of new Constitution 53 Federalists and anti-Federalists, .53 Philadelphia proceedings sanctioned by Congress, .... CONTENTS.

IX PAGE The several States, the battle-ground of parties, . . . .54 Issue of ratification or non-ratification, 54 Public discussions ; the Federalist essays, 55 Delaware, Pennsylvania, and New Jersey ratify in 1787, . . 58 Georgia and Connecticut ratify January, 1788, . . . .59 Massachusetts convention ; ratification with proposed amendments, 59 The Massachusetts action turns the scales, 60 New Hampshire convention adjourns ; Maryland and South Carolina ratify, 61 A ninth ratifying State needful to insure adoption, . . .62 Struggle of parties in New York and Virginia, . . . .62 Virginia convention ; Patrick Henry, Washington, Madison, Jefferson, etc., 62 Virginia ratifies, proposing amendments, 66 New Hampshire ratified, a few days earlier, 66 Fourth of July rejoicings, 1788, over the ratifying States, . . 66 Grand pageant in Philadelphia ; celebrations elsewhere, . . .66 New York convention ; Clinton, Hamilton, Jay, etc., . . .68 New York the eleventh ratifying State 68 Rhode Island and North Carolina hold back, 69 Fruitless anti-Federal attempt to call a second plenary convention, 69 Preparations for inaugurating new government, elections, etc., . 70 Washington the unanimous choice for President, . . . .70 Candidates for Vice-Presidency ; John Adams elected over Clinton, 70 Electoral plan and its defects, 71 Anti-Federalist cause ruined, 72 Closing labors of Continental Congress, 73 Foreign affairs ; dismemberment of States ceases ; Ordinance of 1787, 73

Chapter II. First Administration Of George Washington

Section I. PERIOD OF FIRST CONGRESS. March 4, 1789-March 3, 1791. Arrival of Washington at New York city, 74 HU journey thither, 75 Inaugural ceremonies, 76 Responses to the address by Congress, 79 Organization of the first Congress, CONTENTS, X FA8I Federal Hall ; members of the two houses 81 The first electoral count, 85 Legislative work of first session, 86 Impost and navigation ; tariff, etc., 86 No foreign discrimination, .

"J Executive departments ; right of removal, etc., .... 93 The judiciary, W The Territories, 97 Policy of Union as to public lands and new States, ... 97 Ordinance of 1787 confirmed 100 Amendments to the Constitution, 102 Salaries and appropriations, 104 Rules and etiquette of the two houses, 105 Ceremonials and titles, 106 Washington's duties ; appointments to office, .... 107 His rules for executive intercourse ; Cabinet, etc., . . . .111 New York city in 1789, 113 Social entertainments ; levees ; balls, 114 Washington's illness in New York, 116 Tours of President in recess customary, 117 Homage paid to Washington, 118 Washington's relation to the age, 119 Character of Washington, 120 Washington now at the zenith of personal popularity, . . . 126 Rising prosperity of the Union in 1790, 126 Second session of Congress 127 Accession of North Carolina and Rhode Island, .... 127 New State constitutions ; Georgia and Pennsylvania, . . .128 Legislation of second session : census, naturalization, patent, copyright, criminal acts, 129 Military measures ; money, weights, and measures, . . . 130 Hamilton's report on the public debt, 130 Funding system, and assumption of State debts, .... 131 Assumption violently opposed, 136 Question of a permanent seat of government, .... 138 Mutual adjustment as to assumption and the capital, . . . 140 Slavery debates in first Congress, 142 Slavery in the United States, 143 Quaker petitions ; abolition societies, 144 Action of Congress concerning slavery, 148 Admission of Vermont and Kentucky, 149 Death of Franklin, . 150 The Indian problem, 15] Troubles with Northwestern Indians ; Harmer's expedition, . 152 Southwestern Indians ; McGillivray and the Creek Treaty, . .

CONTENTS, XI PAGE Removal to Philadelphia as the temporary capital, . . . 158 Third session of Congress meets, 158 Hamilton's projects ; excise and a national bank, .... 158 National bank controversy ; implied powers, .... 159 Final legislation of first Congress, 162 Striking peculiarities of first Congress, 162 Committees ; intercourse with Executive, 164 Oath required by Constitution, 165 Section II. PERIOD OF SECOND CONGRESS. March 4, 1791-March 3, 1793.

Political dissensions ; new party combinations, .... 165 Symptoms of dissatisfaction, 166 Hamilton's financial policy a ground of dissension, . . . 166 Tendency to a breach between New England and the South, . 166 Middle State sentiment ; Pennsylvania tendency, . . . .167 Great Britain and the French revolution, 168 Diplomatic intercourse established with Great Britain, . . . 169 Diverse theories upon American experiment, .... 169 Views of leading Federalists ; Hamilton as their exponent, . . 170 Jefferson's views against monarchists and British faction, . . 173 John Adams and his writings, 175 Jefferson with Madison organizes an opposition, .... 176 Freneau's Gazette; American journalism of this day, . . . 177 Davila; Paine's Bights of Man; "Publicola," .... 179 Washington's Southern tour ; prosperity of the Union, . . . 179 Finances ; national bank subscriptions, 180 New Federal capital on the Potomac, . . . . . . 181 Second Congress ; new members; organization, .... 184 Party tendencies ; Hamilton's plans opposed, .... 186 Report on manufactures ; tariff; excise, 187 Apportionment of representatives ; new census, .... 188 Secret sessions of Senate ; device on coins ; postal law, . . . 190 New appointments to office, 191 Indian affairs ; St. Clair's disaster, 191 Public land policy and Western speculations, .... 198 Scrip and bubble enterprises 199 Hamilton and the stockjobbers, 200 Jefferson and the new Republican party, 202 Cabinet dissensions ; Washington's concern, CONTENTS.

PA08 Jefferson and Hamilton fall out ; Freneau's Gazette, . . . 208 New Presidential election ; New York governorship, . . . 213 Excise troubles in Pennsylvania and North Carolina, . . .214 Congress meets ; Indian policy criticised, 216 Hamilton's financial plans distrusted, 216 Investigation of the treasury, 218 Legislation of session ; fugitive slave act, etc., . . . .219

Chapter III. Second Administration Of George Washington

Section I. PERIOD OF THIRD CONGRESS March 4, 1793-March 3, 1795. Simple exercises of second inaugural, 221 Emigration to America at this period, 221 Resources of the United States, 222 Emigrants ; redemptioners ; the pioneer life, 224 Markets ; primitive recreation, 229 Entertainments ; American theatricals, 230 Northern centres : New York, Boston, Philadelphia, . . . 231 Epidemics : small-pox, yellow fever, 234 Municipal arrangements ; public parks, 238 Southern States ; slave institutions, 239 European sympathies affect our politics, 241 French revolution ; civic feasts, 242 Louis executed ; France declares war against Great Britain, . 243 Washington's policy of neutrality, 244 Genet and his mission to America, 246 Jefferson and Hamilton on the European conflict, . . . 256 Congress assembles ; its political complexion, 258 Gallatin excluded from Senate, 258 Republicanism gains in States, 259 British restraints on neutral commerce ; provision orders, etc., . 260 Jefferson retires ; his report on commerce, 261 Cabinet changes ; Freneau's Gazette and the Aurora, . . . 261 Discrimination resolutions in Congress, 262 Fresh grievances ; Algerine troubles, CONTENTS.

XIII .- . PAGE JNew order in council ; emancipation in West Indies, . . .266 Lord Dorchester and the Indians, 267 Sequestration ; embargo ; force measures proposed, . . . 267 Hamilton on the crisis ; special mission to Great Britain, . . 268 Jay appointed ; anti-British measures checked, .... 270 Monroe minister to France ; John Quincy Adams, . . .271 Excise ; foreign enlistments, 272 Abolition convention ; foreign slave trade, 272 Supreme Court ; right to sue a State, 273 Congress adjourns ; foreign affairs tranquil, 274 Whiskey insurrection in Western Pennsylvania 275 Wayne's victory over the Northwestern Indians, .... 280 Peace with Indians in Northwest Territory, 282 Second session of Congress ; message ; " self-created societies," . 283 Downfall of Democratic societies 283 Quibbles in Congress ; Giles and Dexter, 285 Funding and reduction of debt, 286 Hamilton and Knox retire ; Cabinet changes, .... 286 Jefferson on the excise troubles, 288 Section II.

PERIOD OF FOURTH CONGRESS. March 4, 1795-March 3, 1797. Jay and his special mission to London, 289 The Jay treaty with Great Britain, 290 Senate convoked ; treaty as secretly agreed to, . . . . 293 Washington perplexed ; new troubles ; treaty made public, . . 294 Memorials against the treaty ; the country excited, . . . 295 Secretary Randolph's strange conduct ; the Fauchet dispatches, . 297 Washington ratifies ; Randolph resigns ; his vindication, . . 298 Cabinet reconstructed ; Wolcott, Pickering, etc., .... 301 Washington slandered ; the treaty unpopular, .... 304 Congress meets and organizes ; new members, .... 305 Minister Adet presents French flag, 306 New treaties with Indians, Algiers, and Spain, . . . . 306 House debate on Jay treaty ; right to participate, .... 308 President and House at issue, 310 House debate as to appropriating for treaty, .... 310 Speeches of Madison, Gallatin, Ames, etc., 311 Appropriation for treaty finally carried, 314 Miscellaneous acts of session ; Tennessee admitted, . . 314 Public land law ; Indian trade ; building frigates, . . 315 Impressment and search ; obnoxious British policy, . .

CONTENTS. PAGE Northwestern posts yielded up ; Jay treaty fulfilled, . . . 316 New troubles with France ; Monroe's unfortunate mission, . . 317 France dissatisfied with Jay treaty ; Minister Adet, . . . 325 Presidential canvass ; Adams and Pinckney ; Jefferson, . . 326 Washington and Jefferson alienated, 328 Washington's farewell address ; loyal responses, .... 331 Closing session of Congress ; changes in membership, . . . 332 Tennessee represented ; Andrew Jackson appears, . . . 332 Washington's last recommendations ; little opposition, . . . 333 Presidential election a close one ; Adams President, Jefferson Vice-President 334 Legislation ; closing scenes of this administration, . . 333, 335 Life at Philadelphia, the temporary capital, 336 Social leaders in the city, assemblies, etc., 337 Last days of republican court ; distinguished strangers, . . 338 Congress Hall in Philadelphia ; appearance of Congress, . . 339

Section I. PERIOD OF FIFTH CONGRESS. March 4, 1797-March 3, 1799

Inauguration of Adams, 341 Farewell honors paid Washington, 343 Adams errs in accepting Washington's Cabinet, .... 344 Anxiety as to France ; Pinckney rejected, 344 Question of sending an extraordinary embassy, .... 348 Views of the new President, 349 Special session of Congress ; organization ; members, . , . 351 French situation discussed, 352 Defensive measures ; navy ; army ; revenue, 354 Three envoys to France ; diplomatic changes 355 Petulance of France ; new drift of parties, 355 Bitterness between Federalists and Republicans, .... 358 Jefferson marshals his forces ; the Mazzei letter, .... 359 Monroe returns home ; anger at his recall 3gj CONTENTS, XV PAGE The Hamilton scandal revealed, 362 Blount's impeachment ; intrigues against Spain 364 Party press violent ; Peter Porcupine, 367 Yellow fever ; Duane and the Aurora ; other newspapers, . . 368 Second session of Congress ; new members, 369 President recommends ; Congress is listless, 369 Affair of Lyon and Griswold, 370 Federalism extending ; recent State elections, .... 372 Geographical division of parties, 373 Our new envoys at Paris ; the special mission 373 Talleyrand and his corrupt agents, 374 Gerry detached from his colleagues ; embassy broken up, . . 381 The President and Cabinet in consultation, 382 Results communicated to Congress, 383 The Spriggs resolutions, 385 Correspondence disclosed ; X, Y, Z dispatches, .... 386 Triumph of the administration ; war measures passed, . . . 386 Popular enthusiasm ; the war spirit of America, .... 387 Republicans downcast ; untenable ground, 389 Marshall returns ; President's final announcement, . . . 390 Adams's popularity ; Federalism over-zealous, .... 392 Dangerous laws passed 393 New Naturalization Act, 393 The Alien Acts, 394 The Sedition Act, 396 Bad policy of this proscriptive legislation, 399 The press ; French and British factions, 402 Final war measures of this session, . ... . . 403 The new American navy ; appointments, 404 Increased army ; Washington commander-in-chief, . . . 405 Military imbroglio ; the major-generals, 406 Hamilton second ; the Miranda enterprise, 411 Adams growing indifferent ; no French invasion, .... 413 French efforts for peace ; Logan ; Gerry, . . . . . 414 Talleyrand's overtures to Murray, 417 Adams and his Cabinet ; message prepared, 418 Temper of Congress at final session 419 Petitions against Alien and Sedition laws, 420 Lyon prosecuted for sedition ; his re-election, .... 420 Jefferson takes advantage of Federal follies, 421 Kentucky and Virginia resolutions, a startling protest, . . . 423 Congress upholds Alien and Sedition laws, 425 Hamilton's military ambition ; wild schemes, .... 426 Pickering's report, and late French documents, .... 428 Preparations against France ; Adams jealous, .....

CONTENTS, PAGE Sudden nomination of Murray ; new envoys, 430 Adams right, except in his method, 431 His correspondence with Washington, 434 Last measures ; army and navy ; salaries, etc., . . • 435 Section II. PERIOD OF SIXTH CONGRESS. March 4, 1799-March 3, 1801.

President at home ; public business suffers, 435 Treaties ; St. Domingo question ; Miranda scheme fails, . . 437 Naval encounters, .......... 439 The new French envoys ; schemes for delay, 439 Adams orders envoys to sail ; Cabinet advisers foiled, . . . 441 McKean Governor of Pennsylvania ; Republican victory, . . 444 Adams's birthday ; Southern Federal gains, 445 The Fries riot ; sedition trials ; Judge Chase, .... 447 Presidential cabals ; death of Washington, 451 Sixth Congress in session ; political complexion, .... 452 John Randolph of Roanoke; his public encounter, . . . 453 Plan of extending the judiciary ; sedition ; bankruptcy act, . . 455 Army and navy reduced ; expenditures stopped, .... 456 Animosity against Great Britain ; Nash ; Williams, . . . 457 Jay treaty commissions suspended ; British navy insolent, . . 458 Ohio and Mississippi territories ; new public land laws, . . 460 Electoral preparations; Adams and Pinckney; Pennsylvania, . 461 Plan of electoral commission ; Duane and the Senate, . . . 463 New York election favors Republicans, 464 Adams reconstructs his Cabinet, 464 Pickering, McHenry, and Wolcott revengeful, . . . .467 The Essex Junto ; Adams denounces the British faction, . . 469 Adams's letter against the Pinckneys explained 470 Hamilton writes down Adams ; a party quarrel, . . . .471 Jefferson and Burr ; Jefferson's letter of principles, . . 473 Porcupine's paper fails ; the party press, 474 Congress meets at Washington ; the new Federal city, . . .475 New French convention negotiated and ratified, . . . .477 Treaty with Prussia ; Wolcott resigns ; Cabinet changes, . '. 479 Marshall made chief justice; archives burned, .... 480 Electoral results ; Jefferson and Burr are equal, . ! 481 Choice by the House ; intrigue to make Burr President, . \ 483 Protracted balloting and excitement ; Jefferson elected,' .' \ CONTENTS.

XVII Sedition act ; new circuit judges ; miscellaneous acts, . . . 488 The Speaker gives offence ; closing scenes, 490 Adams affronts Jefferson ; midnight appointments, . . . 491 Administration of John Adams reviewed ; his character, . . 493 Downfall of the Federalist party, 500

Appendix

. A. — Constitution of the United States of America, . . . 503 B. — Electoral vote by States for President and Vice-President, 1789-1801 520 C— Length of sessions of Congress, 1789-1801 HISTORY OF THE UNITED STATES UNDER THE CONSTITUTION.