History of the United States of America under the Constitution

Preface

To write, without fear or favor, a History of tlie United States under tlie 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 undertaken hastily nor without serious preparation. There is no narrative in existence from which one may safely gather the later record of our countr3''s career ; no narrative, I mean, of ample historical scope, prepared from a critical and minute study of the copious materials of the past. The venerable Mr. Bancroft's masterly 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 authentic materials elsewhere gathered ; yet Mr. Hildreth wrote more than thirty years ago, with the horizon lines of his generation. Since that time the lives and writings of Hamilton, the Adamses, Jefierson, 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 Washington himself, have been far more fully explored, while Griswold, Lossing, Westcott, and others, give us many newpicturesque

(iii)

IV PEEPACE.

details of the early administrations, without hy any means exhausting 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 posthumous papers of the particular statesman described. But all such narratives are partial and incomplete, historically considered, however gratifying to the mind and graphic may be the portraiture of society from its representative men. Political biography 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.

PEEFACE. V

successive Secretaries of State, Seward, Fish, 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 Historical Societ3^ I have made free use of three excellent libraries, the Library of Congress, in Washington, and the Public and Athenajum Libraries in Boston, of which the last named has a choice collection of old newspapers and periodicals, highly valuable. 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.

Jambs Schoulee.

North Conway, N. H., July 15th, 1880.

Section I. THE THIRTEEN CONFEDERATE STATES

1783-1787.

The United States at close of Revolution,

Area, boundaries, and population, . ' .

American slavery in 1783, ....

The two leading States, Virginia and Massachusetts,

Character of other States, ....

Progress by 1783 towards a Federal union.

Continental Congress ; Declaration of Independence,

Articles of Confederation, their provisions.

Defects in this scheme of union.

Large and small States ; State reconstruction, .

Peace with Great Britain ; Washington resigns,

Army disbanded ; the Cincinnati, .

Difficulties of Federal government after cessation of war,

Decline of authority 1781-1783 ; mutineers insult Cor

Disorganizing forces of- civil war, ....

State pride ; inter-State rivalries

Financial situation ; confederacy gloomy. General delinquency and disobedience, .

Eeniedies proposed ; amendments to the Articles, etc., or

vention

Influence of two young men, Hamilton and Madison,

Their co-operation towards a new union.

Impost amendment proposed by Congress,

Absence of older leaders ; Washington's influence, .

Alexandria commissioners meet in 1785,

Annapolis conference of 1786 follows.

This conference proposes Philadelphia convention of May, 178'

( vii)

else a con-

PAGE

2 3

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 sanotioaed accordingly by States and

Congress, 35

Section II. THE CONSTITUTIONAL CONVENTION

May 14r-SBPTEMBER 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

Eeported proceedings ; Madison's notes, etc. 37

Members of convention ; character of convention, . . . .37

General course of proceedings, 38

Bandolph'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 pbbfect union.

Origin of political parties in the United States, . . . .47

Parties previous to American Bevolution, 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, . . . .54

CONTENTS. IX

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

Section I. PERIOD OP riEST CONGEBSS

Arrival of Washington at New York city, 74

His journey tfiither, * 75

Inaugural ceremonies, 76

Responses to the address by Congress, 79

Organization of the first Congress, 80

CONTENTS.

Federal Hall ; members of the two houses,

The first electoral count,

Legislative work of first session, .

Impost and navigation ; tarifi) etc.,

No foreign discrimination.

Executive departments ; right of removal, etc.,

The judiciary, ....

The Territories, ....

Policy of Union as to public lands and new States,

Ordinance of 1787 confirmed.

Amendments to the Constitution, .

Salaries and appropriations, .

Rules and etiquette of the two houses, .

Ceremonials and titles, ....

3'ashington's duties ; appointments to ofiice.

His rules for executive intercourse ; Cabinet, etc.,

New York city in 1789, ....

Social entertainments ; levees ; balls,

Washington's illness in New York,

Tours of President in recess customary.

Homage paid to Washington,

Washington's relation to the age, .

Character of Washington, ....

Washington now at the zenith of personal popularity,

Rising prosperity of the Union in 1790,

Second session of Congress

Accession of North Carolina and Rhode Island, New State constitutions ; Georgia and Pennsylvania, Legislation of second session : census, naturalization, patent,

right, criminal act,

Military measures ; money, weights, and measures,

Hamilton's report on the public debt.

Funding system, and assumption of State debts, .

Assumption violently opposed, ....

Question of a permanent seat of government,

Mutual adjustment as to assumption and the capital,

Slavery debates in first Congress, .

Slavery in the United States,

Quaker petitions ; abolition societies.

Action of Congress concerning slavery,

Admission of Vermont and Kentucky,

Death of Franklin,

The Indian problem.

Troubles with Northwestern Indians ; Harmer's expedition.

Southwestern Indians ; McGillivray and the Creek Treaty, copy-

C!ONTENTS.

XI

Removal to Philadelphia as the temporary capital, Third session of Congress meets, .

Hamilton's projects ; excise and a national bank, National bank controversy ; implied powers, Final legislation of first Congress, .

Striking peculiarities of first Congress, . Committees ; intercourse with Executive, Oath required by Constitution,

PAGE

Section II

pebiod of second congbess.

Political dissensions ; new party combinations,

Symptoms of dissatisfaction,

Hamilton's financial policy a ground of dissension,

Tendency to a breach between New England and the South

Middle State sentiment ; Pennsylvania tendency, .

jGrreat Britain and the French revolution,

T)iplomatic intercourse established with Great Britain, .

Diverse theories upon American experiment.

Views of leading Federalists ; Hamilton as their exponent,

Jeffei'son's views against monarchists and British faction,

John Adams and his writings, ....

Jefferson with Madison organizes an opposition, .

Freneau's Gazette; American journalism of this day,

Davila ; Paine's Sights of Man ; " Publicola,"

Washington's Southern tour ; prosperity of the Union,

Finances; national bank subscriptions, .

New Federal capital on the Potomac, .

Second Congress; new members; organization, .

Party tendencies ; Hamilton's plans opposed,

Eeport on manufactures ; tariff; excise.

Apportionment of representatives ; new census.

Secret sessions of Senate ; device on coins ; postal law.

New appointments to office,

"Indian affairs ; St. Clair's disaster, Public land policy and Western speculations,

Scrip and bubble enterprises,

Hamilton and the stockjobbers, ....

Jefferson and the new Republican party.

Cabinet dissensions ; Washington^ Concern, .

173'

175:

179,

180'

xu

CONTENTS.

Jefferson arid Hamilton fall out ; Preneau's Gazette, New Presidential election ; New York governorship, Excise troubles in Pennsylvania and North Carolina, Congress meets ; Indian policy criticised, Hamilton's financial plans distrusted, Investigation of the treasury, ....

Legislation of session ; fugitive slave act, etc..

FAGB

208 213 214 216 216 218

Chapter III. Second Administration Of George Washington

Section I.

pebiod of thibd congress

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

Pi-ench revolution ; civic feasts, 242

/ Louis executed ; France declares war against Great Britain, . 243

, Washington's policy of neutrality, '. 244

XGenct 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 Awora, . . . 26 1

Discrimination resolutions in Congress, 262

Fresh grievances ; Algerine troubles, 264

CONTENTS,

Xlll

New order in council ; emancipation in West Indies, . Lord Dorchester and tlie Indians, ....

Sequestration ; embargo ; force measures proposed, Hamilton on the crisis ; special mission to Great Britain, Jay appointed ; anti-British measures checked, Monroe minister to France ; John Quinoy Adams,

Excise ; foreign enlistments,

• Abolition convention ; foreign slave trade. Supreme Court ; right to sue a State, .... Congress adjourns ; foreign affairs tranquil, . Whiskey insurrection in Western Pennsylvania, . Wayne's victory over the Northwestern Indians, . Peace with Indians in Northwest Territory, . Second session of Congress ; message; " self- created societies.

Downfall of Democratic societies

Quibbles in Congress ; Giles and Dexter,

Funding and reduction of debt,

Hamilton and Knox retire ; Cabinet changes, Jefferson on the excise troubles,

Section II.

Jay and his special mission to London, ....

The Jay treaty with Great Britain, ....

Senate convoked ; treaty as secretly agreed to,

Washington perplexed ; new troubles ; treaty made public.

Memorials against the treaty ; the country excited.

Secretary Bandolph's strange conduct ; the Fauchet dispatches,

Washington ratifies ; Eandolph resigns ; his vindication, .

Cabinet reconstructed ; Wolcott, Pickering, etc., .

Washington slandered ; the treaty unpopular.

Congress meets and oi-ganizes ; new members.

Minister Adet presents French flag.

New treaties with Indians, Algiers, and Spain, .

House debate on Jay treaty ; right to participate, .

President and House at issue, ....

House debate as to appropriating for treaty.

Speeches of Madison, Gallatin, Ames, etc., .

Appropriation for treaty finally carried,

Miscellaneous acts of session ; Tennessee admitted.

Public land law ; Indian trade ; building frigates.

Impressment and search ; obnoxious British policy.

XIV

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 ; Jeflerson, . . 326

Washington and Jeflerson 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

Chapter IV. Administeation Of John Adams

Section I.

PERIOD or FIFTH CONGEBSS.

Inauguration of Adams, .....

Farewell honors paid Washington, Adams errs in accepting Washington's Cabinet, . Anxiety as to France ; Pinckney rejected, . Question of sending an extraordinary embassy,

Views of the new President,

Special session of Congress ; organization ; members,

French situation discussed,

Defensive measures ; navy ; array ; revenue, . Three envoys to France ; diplomatic changes, . 4 Petulance of France ; new drift of parties. Bitterness between Federalists and Republicans, . Jeflerson marshals his forces ; the Mazzei letter, . Monroe returns home ; anger at his recall, .

CONTENTS.

XV

The Hamilton scandal revealed, ....

Blount's impeachment ; intrigues against Spain, .

Party press violent ; Peter Porcupine, .

Yellow fever ; Duane and the Aurora ; other newspapers,

Second session of Congress ; new members, .

President recommends ; Congress is listless, .

Affair of Lyon and Griswold, ....

Federalism extending ; recent State elections,

Geographical division of parties, ....

Our new envoys at Paris ; the special mission,

Talleyrand and his corrupt agents,

Gerry detached from his colleagues ; embassy broken up.

The President and Cabinet in consultation, .

Eesults communicated to Congress,

The Spriggs resolutions,

Correspondence disclosed ; X, Y, Z dispatches. Triumph of the administration ; war measures passed, Popular enthusiasm ; the war spirit of America, . Eepublicans*downcast ; untenable ground, Marshall returns ; President's final announcement, Adams's popularity ; Federalism over-zealous.

Dangerous laws passed,

New Naturalization Act,

The Alien Acts,

The Sedition Act, . . ,

Bad policy of this prescriptive legislation. The press ; French and British factions.

Final war measures of this session.

The new American navy ; appointments.

Increased army ; Washington commander-in-chief. Military imbroglio ; the major-generals, Hamilton second ; the Miranda enterprise, . Adams growing indifferent ; no French invasion, . French efforts for peace ; Logan ; Gerry, Talleyrand's overtures to Murray, ....

Adams and his Cabinet ; message prepared, . Temper of Congress at final session, Petitions against Alien and Sedition laws, Lyon prosecuted for sedition ; his re-election, Jefferson takes advantage of Federal follies, . "N^entucky and Virginia resolutions, a startling protest, . Congress upholds Alien and Sedition laws, Hamilton's military ambition ; wild schemes, Pickering's report, and late French documents, Preparations against France ; Adams jealous.

XVI

CONTENTS.

, Sudden nomination of Murray ; new envoys, . Adams right, except in his method.

His correspondence with Washington, .

Last measures ; army and navy ; salaries, etc.,

PA OB

430 431 434 435

Sectiojt II.

period op sixth congbess.

President at home ; public business suffers, .

Treaties ; St. Domingo question ; Miranda scheme fails,

Naval encounters,

The new French envoys ; schemes for delay, .

Adams orders envoys to sail ; Cabinet advisers foiled, .

McKean Governor of Pennsylvania ; Republican victory,

Adams's birthday ; Southern Federal gains, .

The Fries riot ; sedition trials ; Judge Chase,

Presidential cabals ; death of Washington, .

Sixth Congress in session ; political complexion, .

John Randolph of Eoanoke ; his public encounter.

Plan of extending the judiciary ; sedition; bankruptcy act.

Army and navy reduced ; expenditures stopped, .

Animosity against Great Britain ; Nash ; Williams,

Jay treaty commissions suspended ; British navy insolent,

Ohio and Mississippi territories ; new public land laws,

Electoral preparations ; Adams and Pinckney; Pennsylvania,

Plan of electoral commission ; Duane and the Senate,

New York election favors Republicans,. .

Adams reconstructs his Cabinet, ....

Pickering, McHenry, and Wolcott revengeful,

The Essex Junto ; Adams denounces the British faction,

Adams's letter against the Pinckneys explained, .

Hamilton writes down Adams ; a party quarrel,

Jefferson and Burr ; Jeffei-son's letter of principles.

Porcupine's paper fails ; the party press,

Congress meets at Washington ; the new Federal city.

New French convention negotiated and ratiiied, .

Treaty with Prussia ; Wolcott resigns ; Cabinet changes,

Marshall made chief justice ; archives burned,

Electoral results ; Jefferson and Burr are equal, .

Choice by the House ; intrigue to make Burr President,

Protracted balloting and excitement ; Jefferson elected,

CONTENTS. XVU

PAGE

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, . . . .523

HISTORY

OP

THE UNITED STATES

UNDEB THE CONSTITUTION.