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+The Project Gutenberg eBook, Union and Democracy, by Allen Johnson
+
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+
+
+
+Title: Union and Democracy
+
+
+Author: Allen Johnson
+
+
+
+Release Date: August 30, 2007  [eBook #22461]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+
+***START OF THE PROJECT GUTENBERG EBOOK UNION AND DEMOCRACY***
+
+
+E-text prepared by G. Edward Johnson, Stacy Brown, and the Project
+Gutenberg Online Distributed Proofreading Team (https://www.pgdp.net)
+
+
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+
+
+
+
+
+UNION AND DEMOCRACY
+
+by
+
+ALLEN JOHNSON
+
+Professor of American History
+Yale University
+
+
+
+
+
+
+
+[Illustration: From the original portrait by Stuart, at Bowdoin College.
+
+Th. Jefferson [Handwritten]]
+
+
+
+[Illustration]
+
+
+
+Houghton Mifflin Company
+Boston New York Chicago
+
+The Riverside Press Cambridge
+
+Copyright, 1915, by Allen Johnson
+All Rights Reserved
+
+The Riverside Press
+Cambridge, Massachusetts
+U. S. A.
+
+
+
+
+PREFACE
+
+
+The title of this volume must be regarded as suggestive rather than as
+strictly accurate, for the beginnings of union are to be found farther
+back than 1783, and democracy in its largest sense has even yet been
+only imperfectly realized. At the close of the Revolution, union was but
+a name. What Metternich said of the Italy of his day might have been
+said of the United States in 1783: it was only a geographical
+expression. The formation of the new federal union under the
+Constitution is properly the main, though not the sole, theme of this
+volume. Behind the thirteen Atlantic communities lay a vast region which
+almost at once invited the colonizing activities of the people. The rise
+of this western world is a movement of immense significance. Out of the
+bosom of the West emerged the new democracy which transformed the face
+of society in the old States. Whether viewed economically or
+politically, this forms the second theme in any history of the times.
+Around these two movements, therefore, I have endeavored to group the
+events of forty-five years.
+
+Within the last few years special studies have added much to the common
+stock of historical information, and in many ways effected changes in
+the historian's point of view. The time seemed proper to restate the
+salient factors in the history of this formative period. I have frankly
+appropriated the labors of others. Had the plan of the series permitted
+the use of footnotes, I would gladly have made particular acknowledgment
+of my indebtedness. At the same time I have not hesitated to present the
+results of my own studies where they have led away from the conventional
+view of men and events.
+
+In preparation of the maps showing the popular vote in the elections of
+1800 and 1824, I have drawn largely upon the data which Dr. Charles O.
+Paullin, of the Carnegie Institution, has generously put at my disposal.
+In States where the presidential electors were not chosen directly by
+the voters, other votes, such as those for governor, have been made the
+basis for determining the popular choice among party candidates for the
+presidency. Two of my graduate students, Miss Isabel S. Mitchell and Mr.
+Joseph E. Howe, have given me valuable assistance in the execution of
+the maps. I am under particular obligation to my colleague, Professor
+Stewart L. Mims, for reading critically both manuscript and proof.
+
+                                                 Allen Johnson.
+
+
+
+
+CONTENTS
+
+
+    I. The Ordeal of the Confederation                        1
+
+   II. The Making of the Constitution                        25
+
+  III. The Restoration of Public Credit                      46
+
+   IV. The Testing of the New Government                     68
+
+    V. Anglomen and Jacobins                                 89
+
+   VI. The Revolution of 1800                               105
+
+  VII. Jeffersonian Reforms                                 123
+
+ VIII. The Purchase of the Province of Louisiana            143
+
+   IX. Faction and Conspiracy                               161
+
+    X. Peaceable Coercion                                   179
+
+   XI. The Approach of War                                  197
+
+  XII. The War of 1812                                      212
+
+ XIII. The Results of the War                               231
+
+  XIV. The Westward Movement                                245
+
+   XV. Hard Times                                           266
+
+  XVI. The National Awakening                               282
+
+ XVII. The New Democracy                                    298
+
+XVIII. Politics and State Rights                            318
+
+  XIX. The Rise of National Sovereignty                     331
+
+       Index                                                  i
+
+
+
+
+MAPS AND CHARTS
+
+
+The United States in 1783                            _facing_ 1
+
+State-making in the West, 1783-87                             9
+
+Distribution of Votes in Ratification of The Constitution:
+  The New England States                                     37
+  The Middle States                                          39
+  The Southern States                                        42
+
+Distribution of Population, 1790                             49
+
+Vote on Assumption                                           59
+
+The Northwest, 1785-95                                       71
+
+Vote on the Repeal of the Alien and Sedition
+  Acts, February 25, 1799               _between_ 112 _and_ 113
+
+Presidential Election of 1800           _between_ 116 _and_ 117
+
+Distribution of Population, 1800                            125
+
+Vote on the Repeal of the Judiciary Act, March 2, 1802
+                                        _between_ 134 _and_ 135
+
+The Yazoo-Georgia Land Controversy                          168
+
+The Tonnage of the United States, 1807                      185
+
+Vote on the Embargo, December 21, 1807
+                                        _between_ 190 _and_ 191
+
+Vote on the Declaration of War, June 4, 1812
+                                        _between_ 208 _and_ 209
+
+Land Sales and Land Offices To 1821                         248
+
+The Cotton Crop in the United States, 1801-34               250
+
+The West As an Economic Section in 1820                     253
+
+Treaty With Spain, 1819                                     263
+
+Distribution of Slaves in 1820                              270
+
+Vote on the Missouri Compromise, March 2, 1820              278
+
+Russian Claims in North America                             293
+
+Distribution of Population, 1820                            299
+
+States Admitted To the Union Between 1812 and 1821          306
+
+Vote on the Tariff Bill, April 16, 1824
+                                        _between_ 310 _and_ 311
+
+Presidential Election of 1824           _between_ 314 _and_ 315
+
+Vote on the Tariff Bill, April 22, 1828
+                                        _between_ 328 _and_ 329
+
+Canals in the United States About 1825                      341
+
+Highways of the United States About 1825                    344
+
+
+
+
+UNION AND DEMOCRACY
+
+
+
+
+[Map: The United States in 1783]
+
+
+
+
+UNION AND DEMOCRACY
+
+
+CHAPTER I
+
+THE ORDEAL OF THE CONFEDERATION
+
+
+It was characteristic of the people of the United States that once
+assured of their political independence they should face their economic
+future with buoyant expectations. As colonizers of a new world they were
+confident in their own strength. When once the shackles of the British
+mercantile system were shaken off, they did not doubt their ability to
+compete for the markets of the world. Even Washington, who had fewer
+illusions than most of his contemporaries, told his fellow citizens of
+America that they were "placed in the most enviable condition, as sole
+lords and proprietors of a vast tract of continent, comprehending all
+the various soils and climates of the world, and abounding with all the
+necessaries and conveniences of life." Independence was the magic word
+which the common man believed would open wide the gates of prosperity.
+Yet within a year after the ratification of the Peace of Paris, American
+society was in the throes of a severe industrial depression.
+
+Contrary to the accepted view, the latter years of the war were not
+years of penury and want among the people. Outside of those regions of
+Virginia and the Carolinas, which were devastated by the marching and
+countermarching of the combatants, the people were living in comparative
+comfort. North of the Potomac, indeed, there was even a tendency to
+speculation in business and extravagance in living. Throughout the war
+farmers had found a ready market for their produce within the lines of
+the British and French armies. The temporary suspension of commerce had
+encouraged many forms of productive industry. As the war continued,
+venturesome skippers eluded British men-of-war and found their way to
+European or Dutch West India ports, bringing home rich cargoes in
+exchange for tobacco, flour, and rice. The prizes brought in by
+privateers added largely to the stock of desirable and attractive
+merchandise in the shops of Boston, Philadelphia, and Charleston. If
+such prosperity could follow in the wake of war, what commercial gains
+might not be expected in the piping times of peace? In anticipation of
+immediate returns, merchants drew heavily upon their foreign creditors
+and stocked their shops with imported commodities. Southern planters
+indulged similar expectations and bought land and slaves on credit,
+regardless of the price. "A rage for running in debt became epidemical,"
+wrote a contemporary observer. "Individuals were for getting rich by a
+_coup de main_; a good bargain--a happy speculation--was almost every
+man's object and pursuit."
+
+During the hard times of 1785-86 these golden dreams vanished. Instead
+of sharing as the people of an independent nation in the trade and
+commerce of the world, American shippers found themselves no better off
+than they were as dependents of Great Britain. Orders in council at once
+closed the ports of the British West Indies to all staple products which
+were not carried in British bottoms. Certain commodities,--fish, pork,
+and beef,--which might compete with the products of British
+dependencies, were excluded altogether. The policy of France and Spain
+was scarcely less illiberal. The effect was immediate. Cut off from
+their natural markets, American shipowners were forced either to leave
+their vessels to rot at their wharves or to seek new markets. For months
+there seemed to be no other alternative. At the same time the new
+industries which had sprung up during the war had to meet the shock of
+foreign competition, as the British manufacturer dumped on American
+wharves the accumulated stock of his warehouses. The plight of the small
+farmer and of the large planter was much the same; for both had incurred
+debts in expectation of continued prosperity.
+
+Everywhere people complained of hard times. Discouragement and ill-humor
+displaced the buoyant optimism with which peace had been heralded. "What
+is independence?" asked a writer in _A Shorter Catechism_. "Dependence
+upon nothing" was the cynical answer. In many States the popular
+discontent found vent in a vindictive crusade against the Tories. Even
+sober-minded citizens shared the general detestation of these
+unfortunate people. In the heat of war Washington had declared them to
+be "abominable pests of society" who ought to be hanged as traitors.
+The States had quite generally confiscated their property and in some
+cases had passed acts of attainder against them. In communities like New
+York, which had long remained in the hands of the British, the popular
+animosity was exceedingly bitter. To aid those citizens who had been
+dispossessed of their estates, the legislature passed the Trespass Act,
+which permitted suits for the recovery of property that had passed into
+the hands of the enemy upon the flight of the owners. The terms of the
+act were in flat contradiction to the treaty of peace. Further to aid
+claimants, it was provided that no military order could be pleaded in
+court in justification of the seizure of property.
+
+In a famous case brought before the Mayor's Court of New York by the
+widow Rutgers to recover her property from Joshua Waddington, a wealthy
+Tory, Alexander Hamilton appeared as counsel for the defendant. It was a
+daring act which brought down upon him the unmitigated wrath of the
+radical elements. Nevertheless, in an opinion which has considerable
+interest for students of constitutional law, the court ruled that the
+Trespass Act, "by a reasonable interpretation," must be construed in
+harmony with the treaty of peace, which was obligatory upon every State.
+It was not to be presumed that the legislature would intentionally
+violate the law of nations. The judgment of the court therefore, was in
+favor of the defendant. With chagrin and resentment the popular party
+declared that the court had set aside a law of the State and had
+presumed to set itself above the legislature. Wherever the radicals got
+the upper hand, confiscation was the order of the day; and even where
+the conservatives succeeded in restraining their radical brethren from
+legislative reprisals, no Tory was safe from the assaults of
+irresponsible mobs. Thousands took refuge in flight, to the infinite
+delight of the wits in the coffee-houses who jested of the "Independence
+Fever" which was carrying off so many worthy people.
+
+Financially the Confederation was hopelessly embarrassed. Having sowed
+the wind by its issues of bills of credit, it was now reaping the
+whirlwind. By the end of the war this paper money had so far depreciated
+that it ceased to pass as currency. "Not worth a continental" has passed
+into our native idiom. Without power to levy taxes, Congress could only
+make requisitions upon the States. The returns were pitifully inadequate
+to the needs of government. All told, less than a million and a half of
+dollars came into the treasury between 1781 and 1784, although Morris,
+as Superintendent of Finance, had earnestly besought the governors of
+the States for two millions for the year 1783 alone, in order to meet
+outstanding obligations and current expenses. Without foreign and
+domestic loans the war could never have been carried to a successful
+conclusion; but in 1783 even that source was drained. In sheer
+desperation Congress authorized the Superintendent of Finance to draw
+bills of exchange, at his discretion, upon the credit of loans _which
+were to be procured_ in Europe. In vain Morris warned Congress that no
+more loans could be secured. "Our public credit is gone," he declared.
+
+The obvious remedy for the financial ills of the Confederation was to
+give Congress the power to levy taxes. Early in 1781, indeed, before the
+Articles of Confederation had been ratified by Maryland, the proposal
+had been made that Congress should be vested with power to levy a five
+per cent duty on imports; but the obstinate opposition of Rhode Island
+effectually blocked the amendment. "She considered it the most precious
+jewel of sovereignty that no State be called upon to open its purse but
+by the authority of the State and by her own officers." Again, in 1783,
+Congress submitted to the States an amendment which would confer upon it
+the power to place specific duties for a term of twenty-five years upon
+certain classes of imported commodities. The tardy response of the
+States to this proposal left little hope that it would be adopted.
+
+In fact, the Confederation and its woes hardly occupied the thoughts of
+the people at all, except as a subject for jest and ridicule. The
+newspapers made merry over the peregrinations of Congress. Frightened
+away from Philadelphia by the riotous conduct of some troops of the
+Pennsylvania line, who had imbibed too freely, the delegates had
+withdrawn first to Princeton and then to Annapolis. Thither Washington
+repaired to resign his commission; but even so notable an occasion as
+this brought together delegates from only seven of the States. The best
+talent in America was drafted into the service of the several States.
+Men had ceased to think continentally. "A selfish habitude of thinking
+and reasoning," wrote one who styled himself Yorick, in the _New York
+Packet_, "leads us into a fatal error the moment we begin to talk of the
+interests of America. The fact is, by the interests of America we mean
+only the interests of that State to which property or accident has
+attached us." "Of the affairs of Georgia," Madison confessed in 1786, "I
+know as little as those of Kamskatska."
+
+On all sides intelligent men agreed that the return of prosperity
+depended upon the opening-up of foreign trade. Their immediate concern
+was the recovery of old markets. When John Adams went to London in 1785
+as the first representative of the United States, he bent all his
+energies to the task of securing a commercial treaty which would provide
+for unrestricted intercourse between the countries. It was an impossible
+task. At every turn he encountered the hostility of the mercantile
+classes, of whom Lord Sheffield was the most conspicuous representative.
+"What have you to give us in exchange for this and that?" "What have you
+to give us as reciprocity for the benefit of going to our islands?"
+"What assurance can you give that the States will agree to a treaty?"
+These were the embarrassing questions which Adams had to encounter.
+Baffled by the cool indifference of the English Ministry, Adams wrote
+home in despair that there was not the slightest prospect of relief for
+American commerce unless the States would confer the power of passing
+navigation laws upon Congress or themselves pass retaliatory acts
+against Great Britain.
+
+Congress had, indeed, already urged upon the States the necessity of
+yielding the power to enact navigation laws; but they had replied with
+such deliberation and with so many conditions that Congress was as
+powerless as ever. Meantime, each State struck blindly at the common
+enemy with little or no regard for its neighbors. "The States are every
+day giving proofs," wrote Madison, "that separate regulations are more
+likely to set them by the ears than to attain the common object." When
+the other New England States closed their ports to British shipping,
+Connecticut hastened to profit at their expense by throwing her ports
+wide open. New Jersey, with New York on one side and Pennsylvania on the
+other, was likened to a cask tapped at both ends. To find a historical
+parallel to the annals of this period, one must go back to the
+bickerings and jealousies of the states of ancient Greece.
+
+In this dark picture, however, there are cheering rays of light. One by
+one the States were redeeming their promises and ceding their western
+lands. It seemed as though the Confederation, hitherto a disembodied
+spirit, was about to tenant a body. By the year 1786 the United States
+were in joint possession of the greater part of the vast region between
+the Ohio, the Mississippi, and the Great Lakes--a domain of imperial
+dimensions. In anticipation of these cessions, Congress took under
+consideration an ordinance reported by a committee of which Thomas
+Jefferson was chairman. This ordinance contemplated the division of the
+land north of the thirty-first parallel into fourteen or sixteen States.
+The settlers in these rectangular areas were not to form state
+governments at once, but for their temporary government were to borrow
+such constitutions as they thought best from the older States. When a
+State had twenty thousand inhabitants, it might frame a permanent
+constitution and send a delegate to Congress. Admission to the Union was
+to be granted only when a State had as many free inhabitants as "the
+least numerous of the thirteen original States." Two features of
+Jefferson's report do not appear in the Ordinance of 1784; the fantastic
+names which Jefferson had selected and the fifth of the fundamental
+conditions which were to be a charter of compact between the old States
+and the new. It is perhaps no misfortune that the names Assenisipia,
+Polypotamia, Pelisipia, do not appear on the map; the article
+prohibiting slavery after the year 1800 might well have been retained.
+
+[Map: State-Making In the West 1783-1787]
+
+More important than the Ordinance of 1784, which indeed is interesting
+chiefly because it was the forerunner of the final ordinance for the
+Northwest Territory, is that adopted by Congress in the following year.
+The so-called Land Ordinance of 1785 provided in general for the survey
+of a series of townships six miles square in the region immediately west
+of Pennsylvania, and for the further division of each township into
+thirty-six lots, or, as they were later styled, "sections," one mile
+square. After satisfying the claims of the soldiers of the Continental
+Army, Congress proposed to distribute these lands among the States, to
+be sold at auction for a minimum price of one dollar an acre, reserving
+certain sections in each township and one third of the mineral ore which
+might be found. The sixteenth section in each township was to be set
+aside for the support of education. Each purchaser was to receive with
+his deed a definite description of his holding. Subsequent amendments to
+the Land Ordinance made the terms of purchase somewhat easier. Instead
+of making an out-and-out purchase, prospective settlers might pay one
+third in cash and receive a credit of three months for the balance of
+the purchase price. Yet even with these inducements only seventy-three
+thousand acres had been sold to individuals down to 1788. The hazards of
+western settlement were still too great.
+
+Disappointed in the sales under the Land Ordinance, Congress was
+persuaded to consider the alternative course of selling large tracts to
+companies. The collapse of national credit left the public domain almost
+the only available source of revenue. Early in 1787 the Ohio Company
+offered to purchase a tract of land between the Ohio and Muskingum
+Rivers. The promoters of this company had been interested in an earlier
+project of army officers for the founding of a military colony beyond
+the Ohio. Organized at Boston in March, 1786, with a nominal capital of
+one million dollars, it had within a year raised one fourth of that
+amount and sent first General Samuel Parsons and then the Reverend
+Manasseh Cutler to secure the desired grant from Congress. The labors of
+this astute divine at the seat of government form an interesting chapter
+in the evolution of American legislative methods. By devices well known
+to the modern lobbyist he not only secured the grant of land, but also
+took a hand in the shaping of a new ordinance for the Northwest
+Territory. In order to secure the grant to his associates, he had to
+resort to log-rolling and agree to procure for a group of land
+speculators an option to lands on the Scioto River. The grant to the
+Ohio Company contained a million and a half acres; that to the Scioto
+Company, five million acres. But while the one paid down half a million
+dollars, the other made no payment, expecting to dispose of their
+"rights" before the first payment was due. In the following year a third
+grant of a million acres on the Great and Little Miami Rivers in Ohio
+was made to John Cleve Symmes.
+
+From these sales Congress expected to realize over three and a half
+million dollars in public securities and at the same time to satisfy
+military bounty warrants amounting to about eight hundred thousand
+acres. The actual amount realized was less than six hundred thousand
+dollars. The Scioto Company succeeded in disposing of rights to about
+three million acres to a company organized in France, which in turn
+sold them to unsuspecting royalist emigrants. Neither company ever
+secured a clear title to these lands, and Congress had eventually to
+come to the relief of the unhappy French settlers with a donation of
+twenty-four thousand acres. Unforeseen circumstances prevented either
+the Ohio Company or Symmes from complying with the conditions of sale;
+and in both cases Congress consented to alter the terms of contract.
+
+On July 13, 1787, Congress adopted the ordinance which it had long had
+under consideration. The authorship of this "charter of the west," after
+long controversy, is still in dispute. Like all legislative measures it
+bears the mark of many hands. Certain features of Jefferson's ordinance
+reappear: the provision for temporary government and eventual statehood,
+and the fundamental articles of compact. Other provisions are stated in
+a detailed fashion and suggest the probability that Congress had
+definite conditions to meet. The ordinance took final form while the
+Reverend Manasseh Cutler was representing the Ohio Company in New York.
+Perhaps the most striking departure from the Ordinance of 1784 is the
+provision for not less than three nor more than five States north of the
+Ohio, where Jefferson planned for ten. Admission to the Union was to be
+gained only after the population had reached sixty thousand. Temporary
+government was to consist of a governor, a secretary, and three judges
+appointed by Congress, who were to adopt such laws from other States as
+they believed suited to local conditions. In each and every case
+Congress reserved the right to disallow these laws. Whenever a territory
+attained a population of five thousand, it was to pass to the second
+grade of government, with a representative assembly, an appointive
+council, and a delegate in Congress.
+
+Six articles of compact were also written into the ordinance, which were
+to remain forever unalterable except by the common consent of the
+parties thereto--"the original States and the people and States in the
+said territory." Freedom of worship, the usual rights of person and
+property, and the obligation of private contracts were guaranteed.
+Religion, morality, and education were to be forever encouraged. Neither
+slavery nor involuntary servitude was to be permitted. In imposing these
+conditions Congress undoubtedly exceeded its powers under the Articles
+of Confederation, for that document nowhere confers upon Congress the
+power to make binding contracts, nor for that matter to legislate in any
+wise for the government of the common domain.
+
+The Ohio Company hastened to colonize its broad acres on the Muskingum.
+Before the end of the year 1787, the vanguard of the first colony was on
+the march through Pennsylvania to the upper waters of the Ohio. There
+they spent the winter constructing the craft which was to carry them to
+their destination. As soon as the ice broke up in the spring, they
+embarked on the Mayflower,--for so they had christened the craft,--and
+within five days set foot on the soil of Ohio. Other bands joined them,
+and by midsummer their rude huts and a blockhouse marked the site of
+what was to be the town of Marietta, the first New England settlement
+in the West. Across the Muskingum, at Fort Harmar, the new governor,
+General St. Clair, had already taken up his official residence. Farther
+down the river, Symmes planted a colony from New Jersey on the tract
+which he had purchased; and within the next few years settlements were
+made in the adjoining district, which Virginia had reserved as bounty
+land for her soldiers. The vision of virgin lands in the Ohio country
+was beginning to dawn upon the small farmer of the East. Emigration grew
+apace. Between February and June, 1788, an observer noted not less than
+forty-five hundred settlers drifting past Fort Harmar in their
+flatboats, in search of new homes in the wilderness.
+
+While the colonization of the Northwest was going on under the eye of
+Governor St. Clair, hardy pioneers were laying the foundations of a new
+society in the Southwest, without the protecting arm of the Government.
+Before the war Daniel Boone had made his famous trace to "the country of
+Kentucke" through the Cumberland Gap; and Robertson had led his colony
+from North Carolina to the upper waters of the Tennessee. Settlers had
+followed the long-rangers; and numerous communities sprang up by salt
+lick and water course. In all these settlements there was much local
+independence. For a time the people on the Watauga had established a
+government of their own. Upon the cession by North Carolina of her
+western lands, the settlers of eastern Tennessee took matters into their
+own hands and prepared to organize as a State. Congress had just adopted
+the Ordinance of 1784, and one of Jefferson's prospective States
+included most of the land already appropriated by these pioneers. They
+nourished, too, long-standing grievances. They were taxed for the
+support of a government which treated them with contumely and ignored
+their administrative needs. The movement toward independence acquired
+such headway that not even the repeal of the act of cession by North
+Carolina could stay its course. With a confidence born of frontier
+conditions these "modern Franks, the hardy mountain men," as a
+contemporary called them, drafted a constitution, organized a
+government, and appealed to Congress for recognition as a State of the
+Confederation. For three years the State of Franklin, as it was
+officially christened, under the able leadership of Governor John
+Sovier, refused to recognize the authority of North Carolina, even to
+the point of resisting the militia by arms. But Congress turned a deaf
+ear to the petitions of the insurgents; and in the year 1788, diplomacy
+succeeding where coercion had failed, the people of Franklin returned to
+their first allegiance.
+
+Much the same centrifugal forces were at work in northwestern Virginia
+and western Pennsylvania, a region which felt its isolation keenly.
+"Separated by a vast, extensive and almost impassible Tract of
+Mountains, by Nature itself formed and pointed out as a Boundary between
+this Country and those below it," the settlers of this trans-Alleghany
+region besought Congress to recognize them as a "sister colony and
+fourteenth province of the American Confederacy."
+
+More menacing to the integrity of Virginia was a movement for
+independent statehood among the people of Kentucky. Rivers were the
+highways of their commerce and the current of all bore their flatboats
+away from the parent State. New Orleans was their inevitable _entrepôt_.
+The forces of nature seemed to conspire to throw these western
+settlements into the hands of Spain. Washington was deeply impressed by
+the necessity of connecting the headwaters of the James and the Potomac
+with the tributaries of the Ohio, if the trade and allegiance of the
+people of Kentucky were to be secured to Virginia and to the Union. "The
+western States," he wrote to Governor Harrison of Virginia, "stand as it
+were upon a pivot. The touch of a feather would turn them any way." The
+situation in Kentucky became more acute as intimations reached the
+people that John Jay was proposing to renounce the free navigation of
+the Mississippi.
+
+In the summer of 1785, Don Diego de Gardoqui, the first accredited
+Minister from Spain, arrived in the United States to settle all
+outstanding differences between the two countries. Congress appointed
+John Jay as its diplomatic agent and instructed him to hold insistently
+to the thirty-first parallel as the southern boundary of the States and
+to the free navigation of the Mississippi. The prospect of agreement was
+very slight. The American claims were based solely on the Treaty of 1783
+which the King of Spain was determined not to recognize. Negotiations
+dragged on for months. Reporting to Congress in August, 1786, Jay
+advised the abandonment of the claim of free navigation of the
+Mississippi for the sake of securing an advantageous commercial treaty
+with Spain. The delegates from Northern States were ready to barter away
+the Southwest; but the Southern delegates succeeded in postponing action
+until the impotent Confederation gave way to a more perfect union.
+
+At the Court of St. James, John Adams was having no better luck in
+pressing the rights of the moribund Confederation. Notwithstanding the
+explicit terms of the Treaty of 1783, British garrisons still held
+strategic posts along the Great Lakes, exercising a strong influence
+upon the Indians and guarding the interests of British fur traders. Such
+a situation would have been intolerable to a self-respecting nation.
+Smothering his pride, Adams mustered all the diplomacy which his nature
+permitted and sought an explanation of this extraordinary conduct from
+the ministers. He was finally told that he need not expect Great Britain
+to relinquish the Western posts so long as the States continued to put
+obstacles in the way of the collection of British debts.
+
+A general reluctance to meet financial obligations was a deplorable
+aspect of the depression to which American society had succumbed. In all
+the States there was a more or less numerous class of debtors who were
+convinced that the Government could help them out of all their
+distresses. As the cause of all their woes was the scarcity of money,
+why, let the Government manufacture money and so put an end to the
+stringency. What Madison called "the general rage for paper money"
+seized upon Rhode Island, New Jersey, Pennsylvania, the Carolinas, and
+Georgia. Coupled with paper-money acts were others designed to alleviate
+the distress of the unfortunate. Stay laws of one sort or another were
+devised to keep the wolf, in the guise of the sheriff, from the door.
+Legal-tender acts made cattle and produce equivalent to money when
+offered in payment of debts. Nor was this legislation inspired
+altogether by dishonest intent. Many believed with Luther Martin, of
+Maryland, that there were times of great public distress and extreme
+scarcity of specie when it was the duty of the Government to pass stay
+laws and legal-tender acts, "to prevent the wealthy creditor and the
+moneyed man from totally destroying the poor, though even industrious,
+debtor."
+
+No State suffered more from the paper-money aberration than Rhode
+Island. Under pressure from the radical elements the legislature passed
+an act for the emission of bills of credit which were to be issued to
+any freeholder who would offer as security real estate of any sort to
+double the amount of the loan. "Many from all parts of the State made
+haste to avail themselves of their good fortune, and mortgaged fields
+strewn thick with stones and covered with cedars and stunted pines for
+sums such as could not have been obtained for the richest pastures." But
+when they sought their creditors, not a merchant nor a shop-keeper could
+be found. Nobody fished to have a just debt discharged in such currency.
+Not to be thwarted in their purpose, the radicals then enacted a law
+which threatened with a summary trial and a heavy fine any one who
+refused to accept paper money in payment of debt.
+
+Under this Force Act, one John Weeden, a butcher, was brought to trial
+for refusing to receive the paper offered by a customer in payment for
+meat. To the discomfiture of the legislature the court refused to
+enforce the law in this instance, on the ground that the statute was
+contrary to the constitution of Rhode Island; and when summoned before
+the legislature to answer for their defiance, the judges boldly stood
+their ground. The case of _Trevett_ v. _Weeden_ was not without its
+lesson to those who were casting about for ways and means to defend
+property from the assaults of popular majorities. In Virginia, too, the
+highest state court, in the case of _Commonwealth_ v. _Caton_, boldly
+asserted the right of the judiciary to declare void such acts of the
+legislature as were repugnant to the constitution.
+
+Meantime the debtor and creditor classes in Massachusetts were locked in
+a struggle which menaced the peace of the country. Here as elsewhere
+hard times had forced the small farmers of the interior counties to the
+wall. No doubt their difficulties were caused in part by their own
+improvidence, but they were increased by the prevailing scarcity of
+money. So dire was the want of a medium of exchange that many
+communities resorted to barter. The editor of a Worcester paper
+advertised that he would accept Indian corn, rye, wheat, wood, or
+flaxseed, in payment of debts owed to him, up to the amount of twenty
+shillings. It seemed to the ignorant farmer that his creditors were
+taking an unfair advantage of circumstances in demanding currency to
+settle debts which had been contracted when money was abundant. The
+law, however, favored the creditor. The jails were filled to overflowing
+with men imprisoned for debt; the courts were overwhelmed with actions.
+In Worcester County, with a population of less than fifty thousand
+people, there were in 1784 two thousand cases on the docket of the
+Inferior Court of Common Pleas. In this age of litigation only one class
+appeared to thrive--the lawyers. The anger of the poor debtors, inflamed
+by attachments and foreclosures, vented itself upon the ostensible cause
+of their misfortunes. The excessive costs of courts and the immoderate
+fees of lawyers are grievances which bulk large in every indictment
+drawn by town meeting or county convention. Young John Quincy Adams,
+then a senior in Harvard College, was so affected by the odium which had
+fallen upon the practice of law that he was almost ready to abandon the
+career which he had chosen.
+
+The adjournment of the General Court in July, 1786, without authorizing
+an issue of paper money or passing a legal-tender act or fixing the fees
+of lawyers and the costs of courts, contributed to the unrest which was
+now assuming a threatening aspect. During August and September riotous
+mobs prevented the courts from sitting at Northampton, Worcester, Great
+Barrington, and Concord. Alarmed by these disorders Governor Bowdoin
+convened the legislature in special session and summoned the militia to
+the protection of the capital. While the legislature was devising ways
+and means of allaying the public excitement, another demonstration
+occurred at Worcester which resulted in the dispersion of the Court of
+General Sessions by a force of armed men. From Worcester the disorders
+spread into adjoining counties; and something like a concerted movement
+upon Boston and Cambridge seemed to be preparing. The prompt action of
+the state authorities however, balked the plans of the insurgents. The
+main body of insurgents under Shays scattered; but a month later they
+rallied around Springfield to prevent the holding of court. Governor
+Bowdoin then dispatched troops, four thousand strong, under the command
+of General Lincoln, to the assistance and protection of the civil
+authorities. A civil war seemed imminent. Shays had planned an attack
+upon the national arsenal at Springfield, but he could not bring his
+rustics to act together. Before the determined resistance of the local
+militia his undisciplined troops broke and fled. The arrival of the
+state militia under Lincoln completed the demoralization of Shays' army.
+Retreating through the hilly country of Hampshire, they wore finally
+overtaken and routed at Petersham. Some of the insurgents went to their
+homes, completely humbled and subdued; others fled across the border to
+await better times; and still others, unrepentant and unsubdued,
+continued to harass the countryside. It was not until the following
+September that Governor Bowdoin ventured to disband the militia.
+
+To these disturbances in Massachusetts, Congress had not remained
+indifferent. Aside from the direct interest that all members were bound
+to take in a rebellion which seemed to threaten the very foundations of
+a sister State and which might easily recur in their own, Congress was
+concerned for the fate of the national arsenal at Springfield. But no
+forces were available for the protection of the property of the
+Confederation. The few hundred men who comprised the army were scattered
+in garrisons along the western frontier. Acting as intermediary between
+Congress and Governor Bowdoin, General Knox as Secretary of War made
+what provision he could for the defense of the arsenal by local militia;
+but these measures were confessedly inadequate. Upon his report Congress
+was finally moved to increase the army, ostensibly for the protection of
+the frontier, where in truth Indian hostilities required the presence of
+additional troops. As these forces would be raised chiefly in New
+England, they could be employed first to protect Springfield. Any open
+avowal of this plan was avoided, however, lest the insurgents should
+take alarm and immediately attack the arsenal. But these plans were
+wrecked on the reef of financial bankruptcy. Congress could only
+supplicate the States for money and borrow what it might on its
+expectations. Recruiting went on so slowly that the rebellion was
+practically over when two companies of artillery, numbering
+seventy-three men each, which had been raised in Massachusetts, were
+finally marched to Springfield. All the other recruits were dismissed.
+The inefficiency of Congress and its want of moral influence were
+self-confessed.
+
+In his famous circular letter of 1783, Washington had spoken of the
+times as a period of "political probation." The moment had come for the
+United States to determine, said he, "whether they will be respectable
+and prosperous, or contemptible and miserable, as a nation." Three years
+had now passed and the period of probation seemed to have ended in the
+ruin of national hopes. The events of the years 1786 made a profound
+impression upon the minds of all responsible and conservative men. In
+undisguised alarm, Washington wrote: "There are combustibles in every
+State which a spark might set fire to.... I feel ... infinitely more
+than I can express to you, for the disorders which have arisen in these
+States. Good God! Who, besides a Tory, could have foreseen, or a Briton,
+predicted them?" Rightly or wrongly, men of the upper classes believed
+that the foundations of society were threatened and that the State
+Governments would fall a prey to the radical and unpropertied elements,
+unless a stronger Federal Government were created. "With this idea, they
+are thinking, very seriously," wrote an interested observer at the seat
+of Federal Government in New York, "in what manner to effect the most
+easy and natural change of the present form of the Federal Government to
+one more energetic, that will, at the same time, create respect, and
+secure properly life, liberty, and property. It is, therefore, not
+uncommon to hear the principles of government stated in common
+conversation. Emperors, kings, stadtholders, governors-general, with a
+senate or house of lords, and house of commons, are frequently the
+topics of conversation." There were those who frankly advocated a
+monarchical government as the only way of escape from the ills under
+which American society was laboring. There is reason to believe that a
+project was on foot to invite Prince Henry of Prussia to become the head
+of a new consolidated government. The influence of the Order of the
+Cincinnati was much feared by friends of republican institutions.
+Individually members of the order did not hesitate to express their
+impatience with popular government. What was to come out of this
+political chaos, no man could tell.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     The two most extensive histories dealing with the period of the
+     Confederation are George Bancroft's _History of the Formation of
+     the Constitution of the United States of America_ (2 vols., 1882)
+     and G. T. Curtis's _History of the Origin, Formation, and Adoption
+     of the Constitution of the United States_ (2 vols., 1854). In the
+     fourth volume of Hildreth's _History of the United States_ (6
+     vols., 1849-52), a concise but rather dry account of the
+     Confederation may be found. More entertaining is John Fiske's _The
+     Critical Period of American History, 1783-1789_ (1888). Valuable
+     information bearing on the social as well as the political history
+     of the times is contained in the first volume of J. B. McMaster's
+     _History of the People of the United States from the Revolution to
+     the Civil War_ (7 vols., 1883-1913). More recent histories of the
+     period are A. C. McLaughlin's _The Confederation and the
+     Constitution, 1783-1789_ (in _The American Nation_, vol. 10,
+     1905), and Edward Channing's _History of the United States_, vol.
+     III (3 vols., 1905- ). A vigorous narrative of the exploits of the
+     pioneers beyond the Alleghanies has been written by Theodore
+     Roosevelt, _Winning of the West_ (4 vols., 1889-96). A more
+     restrained account of the beginnings of Western settlement is B.
+     A. Hinsdale's _The Old Northwest, the Beginnings of our Colonial
+     System_ (1899).
+
+
+
+
+CHAPTER II
+
+THE MAKING OF THE CONSTITUTION
+
+
+Notwithstanding the manifold differences between State and State in the
+Confederation, there were everywhere groups of men who confronted much
+the same economic conditions. Between the farmer who tilled his sterile
+hillside acres in the interior of New England and the cultivator of the
+richer soil of the Piedmont in Virginia and the Carolinas, a greater
+identity of economic interests existed than the casual observer would
+have suspected. The feeling of hostility which circumstances bred in the
+followers of Daniel Shays toward the merchants of Boston was akin to
+that which the farmers of middle and western Pennsylvania harbored
+toward the aristocratic and wealthy classes of Philadelphia and the
+eastern counties. A similar antagonism appears between the yeomen of the
+uplands and the planters of the tidewater farther to the south,
+accentuated, no doubt, by religious and racial differences. The
+Scotch-Irish or German dissenter, who was treated with contempt as a
+foreigner and forced to support a church established by a State
+Government which discriminated against numbers and in favor of property,
+was not likely to feel kindly toward the tidewater aristocracy. Bad
+crops spelled disaster for these farmers, for they had incurred debt to
+purchase their lands and had borrowed capital to work them. In hard
+times they were the first to suffer, for whether money was scarce or
+plentiful, the tax-collector and the money-lender knocked inexorably at
+their doors. Bad roads kept them isolated and want of intercourse bred
+much ignorance and prejudice in even honest men. Were the recorded
+grievances of these inland groups brought together, they would show a
+surprising agreement.
+
+Set over against this interior population with predominant agrarian
+interests were those classes, urban for the most part, whose income was
+derived from personal rather than real property. Even at this time a
+capitalist class of no mean proportions existed. No inconsiderable part
+of this personalty was invested in shipping and manufacturing. A part,
+not easily determined, was tied up in Western lands, which appealed
+strongly to the speculative instincts of the American. The amount of
+money at interest was also considerable in States like Massachusetts. As
+creditors of the debt-burdened farmers these classes were everywhere on
+the defensive. To this group should be added the holders of public
+securities, both state and continental, who could not have remained
+uninterested witnesses of the demise of the Confederation.
+
+The logic of events was drawing these holders of personal property
+together. Capitalists with idle money found the avenues to profitable
+investment closed by the inability of Congress to offer protection to
+either manufacturing or shipping; creditors with money at interest
+witnessed with alarm the inability or unwillingness of state
+legislatures to resist attacks upon private contracts and public
+credit; holders of public securities shared the general contempt for a
+Government, which, so far from providing for the ultimate redemption of
+its obligations, could not even pay interest on its debts; speculators
+in lands despaired of a rise in values so long as the Government could
+not defend its borders and protect its frontier population. The desire
+of all these classes, from Boston to Charleston, was for a Government
+which would govern.
+
+Under these circumstances the idea of a special convention to revise the
+Articles of Confederation grew in favor. Some of the States, notably
+Delaware, Massachusetts, and New Hampshire, had employed constituent
+conventions to draft new frames of government. The legislature of New
+York had in 1782 proposed a convention to revise the Articles of
+Confederation. At the suggestion of Governor Bowdoin, the General Court
+of Massachusetts had resolved in 1785 in favor of such a convention; but
+the delegates in Congress, for reasons best known to themselves, had
+refused to present the resolution. In any case Congress could hardly be
+expected to take the initiative.
+
+For many years Virginia and Maryland had been at loggerheads over the
+navigation of the Potomac River and Chesapeake Bay. In 1784
+commissioners from both States met at Alexandria, and subsequently at
+Washington's country-seat, at Mount Vernon, to make a last effort to
+adjudicate their differences. It speedily appeared that the question of
+commercial regulations was one that concerned also their neighbors to
+the north. Maryland proposed that Pennsylvania and Delaware should be
+invited to a further conference. The assembly of Virginia went still
+further and appointed delegates to meet with delegates from other States
+"to take into consideration the trade of the United States" and "to
+consider how far a uniform system in their commercial regulations may be
+necessary to their common interest and their permanent harmony."
+Annapolis was selected as the place of meeting.
+
+The response of the States to this call was disappointing. Only five
+States sent delegates. Positive action on trade relations was, of
+course, out of the question. But Alexander Hamilton, who attended as a
+delegate from New York, drafted a report which went far to redeem the
+situation. Addressed to the legislatures of the States represented at
+Annapolis, it called attention to the critical state of the Union and
+the need of a convention of delegates with wider powers from all the
+States; and in conclusion, it named Philadelphia and the second Monday
+in May, 1787, as a suitable place and time for such a convention. "From
+motives of respect" a copy of this report was sent to Congress.
+
+With its wonted indecision, Congress dallied with this bold proposal
+until late in the following February. Meantime, Virginia and other
+States appointed delegates to the convention which Congress had not yet
+sanctioned. When Congress finally issued the summons, it made no
+reference to the Annapolis Convention, though it took over bodily the
+recommendations of that body. The sole and express purpose of the
+convention was declared to be the revision of the Articles of
+Confederation.
+
+The delegates to the Philadelphia Convention were to be "appointed by
+the States." As a matter of course, the choice devolved upon the
+legislature in every instance. To what extent the active economic
+interests directed and controlled the selection is a mere matter of
+speculation. Certain it is that the members of the convention belonged
+to the governing class in their respective communities. Almost to a man
+they had held important public positions. To a surprising extent they
+came from the commercial sections of their States. "Not one member
+represented in his immediate personal economic interests the small
+farming or mechanic classes." A large majority were "directly and
+personally interested in the outcome of their labors through their
+ownership of property, real or personal." Many were holders of public
+securities and profited by the later funding operations of the new
+Government; some had invested in Western lands; others had capital
+invested in manufacturing, shipping, and slaves. Thus circumstanced,
+they had no mind to try doubtful experiments in government.
+
+Among the first of the delegates to reach Philadelphia was James
+Madison. Other members of the Virginia delegation soon joined him, and
+on the 13th of May, Washington made what was really a triumphant entry
+into the city. When the 14th dawned only a few delegates had arrived.
+Inclement weather and bad roads detained many, no doubt; but a general
+dilatoriness in heeding the summons was accountable for the tardiness
+of others. Until a majority of States were represented, the delegates
+could only adjourn from day to day. That the gentlemen from Virginia put
+this time to good use appears from the plan which they drew up as a
+tentative program and which Randolph presented to the convention.
+Indeed, there is little doubt that much unrecorded progress was made
+throughout the convention by informal conferences among the leaders.
+
+It was not until Friday, May 25, that seven States were represented and
+a preliminary organization could be effected. Washington was the
+unanimous choice for president, though tradition has it that Franklin
+was the first choice of many delegates. Altogether, though not at any
+one time, there were fifty-five delegates in attendance from twelve
+States. Rhode Island was never represented. The average attendance was
+hardly more than thirty. It was possible, therefore, to adopt simple
+rules of procedure and to permit full discussion. The credentials of the
+delegates gave them, with a single exception, free hand in revising the
+Articles of Confederation. Delaware alone forbade its representatives to
+make any alterations which should deprive the State of its equal vote in
+Congress.
+
+As the doors closed on this notable body in the chamber over
+Independence Hall in the State House, profound secrecy enveloped its
+proceedings. Not until the publication of the journal by act of Congress
+in 1819 were the actual proceedings of the convention divulged; and many
+more years passed before Madison's notes on the debates were given to
+the curious public. The earth scattered on the pavement to silence the
+rattling of wheels and the sentries stationed at the doors to warn
+intruders gave added emphasis to the importance of this gathering.
+
+The task before the convention was one of immense difficulty. The most
+general criticism of the Confederation was that expressed in the vague
+phrase, "lack of power"; but the defect could not be overcome merely by
+giving new powers to Congress. Any such increase of authority involved a
+delicate readjustment of the relations of the States to each other and
+to the central Government. Before the convention had been in session a
+fortnight, a line of cleavage among the delegates appeared. To the most
+obtuse mind the resolutions presented as the Virginia plan seemed to
+reach far beyond any mere revision of the Articles of Confederation.
+Randolph frankly admitted the scope of his resolutions by urging that a
+union of the States merely federal would not suffice. The convention so
+far yielded to the general drift as to adopt, in committee of the whole,
+the resolution "that a national government ought to be established
+consisting of a supreme Legislative, Executive, and Judiciary."
+
+As the group of nationally minded delegates, led by Madison and Wilson,
+of Pennsylvania, seized this initial advantage and secured the
+acceptance, step by step, of the main features of a national government,
+the delegates from the smaller States drew together in alarmed
+opposition. It was in their behalf that Paterson, of New Jersey,
+presented his resolutions. In contrast to the Virginia plan, this held
+out only the prospect of an improved Confederation. Additional powers
+were to be given to Congress and there was to be an executive and a
+supreme judiciary; but the basal principle of the Confederation--the
+equality of the States--was left untouched. Given the alternative
+between the New Jersey plan and the Virginia plan as amended, seven
+States voted for the latter. Only New York, New Jersey, and Delaware
+preferred the former. The vote of Maryland was divided. The convention
+then returned to the detailed consideration of the amended Virginia
+plan. The large-State men were now disposed to make some concessions.
+The word "national" was dropped from all the resolutions; and minor
+changes were made in the interest of harmony. But on the fundamental
+question of what was termed "proportional representation,"--that is,
+representation of the States in proportion to numbers in the national
+legislature,--no agreement seemed possible. More than once the
+convention was on the point of adjourning _sine die_. Even the usually
+placid Franklin suggested that "prayers imploring the assistance of
+Heaven ... be held in this Assembly every morning."
+
+In spite of the opposition of the smaller States, the convention finally
+voted that the rule of suffrage in the first branch of the legislature
+ought not to be according to that established by the Articles of
+Confederation. Debate then turned on the manner of constituting the
+upper chamber. On July 2, a vote was taken on the proposal of the
+Connecticut delegation that each State should have an equal vote in the
+upper house. The result was a tie, five States against five, with the
+vote of one State divided. The deadlock seemed complete.
+
+Hoping that a compromise might even yet be effected, General Pinckney
+proposed a committee of one from each State to consider the whole
+matter. Opposition was made, but the convention indorsed the proposal
+and chose the members of the committee by ballot. The selection was
+obviously favorable to the small-State party, for the committee
+abandoned the idea of proportional representation in the second chamber.
+On July 5, it recommended that in the first branch of the legislature
+there should be one representative for every forty thousand inhabitants
+in each State, counting three fifths of the slaves, and that in the
+second chamber the States should have an equal vote. The first
+proposition underwent further changes at the hands of a special
+committee, but the principle of representation was accepted. On July 16,
+the first proposition as amended and the second proposition without
+change were adopted by a vote of five States to four, with the vote of
+one State divided. Very properly historians have termed this the great
+compromise of the Constitution, for without it the further work of the
+convention would have been impossible. In agreeing that three fifths of
+the slaves should be counted in apportioning representation, the
+convention made no innovation, but simply took over the federal ratio
+which Congress had recommended in 1783 as the basis for future
+apportionment of requisitions among the States. On this point there was
+no great difference of opinion in the convention.
+
+It would be a mistake, however, to suppose that with this obstacle to
+union removed, the Constitution speedily took form. On the contrary,
+every proposal bristled with controversial points. The Northern
+commercial States demanded insistently that Congress should be given
+power to regulate commerce. It was, indeed, the desire of the commercial
+classes in all the States that Congress should be given power to pass
+retaliatory acts against Great Britain, but the planters of the
+Carolinas and Georgia feared--not without reason--that the power to
+regulate commerce might be used to interfere with the importation of
+slaves. Here, too, the spirit of compromise prevailed. The power was
+granted, but the importation of such persons as the States thought
+proper to admit was not to be prohibited before the year 1808.
+
+From first to last, divergent views were held as to the constitution of
+the chief executive office. After the initial question, whether the
+office should be single or plural, was decided, the manner of election
+remained to be considered. The early proposal to make the President
+elective by the national legislature was dropped as the office assumed
+greater importance in the general scheme. If the independence of the
+legislature was to be maintained, some form of indirect popular choice
+was favored. But if the people were to elect, the larger States would
+have a decided advantage. Here was the old question in another form. The
+electoral scheme finally adopted was essentially a compromise. In most
+instances--Mason, of Virginia, said nineteen out of twenty times--it was
+believed that the electors would so scatter their votes that no
+candidate would have a majority; consequently the Senate would make a
+choice from among the five candidates having the highest votes. By this
+arrangement the large States would in effect nominate and the small
+States elect the President. But because the Senate had already been
+given extensive powers, the convention transferred the final election to
+the House, with the provision that the vote there should be by States.
+The eventual election of a Vice-President was left to the Senate,
+whenever the electoral college failed to make a choice.
+
+From time to time the convention resorted to committees to facilitate
+its work. Most important services were rendered by the committee of
+detail, which early in August put into orderly and connected form the
+conclusions which the convention had reached. It was the committee on
+unfinished business which suggested the method finally adopted of
+electing the President. In its final form and phrasing the Constitution
+is the work of Gouverneur Morris, who prepared the report of the
+committee of style.
+
+Citizens of Philadelphia who took up their copies of the _Pennsylvania
+Advertiser_ on Tuesday, September 17, found to their surprise that the
+columns were completely filled with the new Constitution. This was their
+first intimation of what the convention had really done. Rumor had
+stalked abroad that the convention was rent by dissensions; but the
+envious reader saw at the end of his paper the words, "Done in
+convention by the unanimous consent of the States ... in witness whereof
+we have hereunto subscribed our names." Done by unanimous consent of
+the delegates the Constitution was not, for not all the delegates who
+were present on the last day would affix their signatures. It was
+Gouverneur Morris who suggested the phrase which gave a specious
+unanimity to the work of the convention.
+
+The thoughtful reader of the Constitution must have been impressed by
+the new features which caught his eye. In place of the old inefficient
+and powerless Congress, he observed a well-organized national
+legislature, an independent executive, and a federal judiciary of ample
+jurisdiction. Further scrutiny must have apprised him that the new
+Government would operate directly upon individuals, thus remedying a
+vital defect in the Confederation. The powers given to Congress may well
+have set at rest the minds of anxious public creditors. With the power
+to lay and collect taxes, to raise and support a military and naval
+establishment, and to regulate commerce, Congress had ample means to pay
+the public debt, to enforce its claims, and to offer protection to trade
+and industry. Not less significant to property-owners were the brief
+clauses in the new Constitution which sharply forbade States to emit
+bills of credit, to make anything but gold and silver legal tender in
+payment of debts, and to make laws impairing the obligation of
+contracts.
+
+[Map: Distribution of Votes in Ratification of the Constitution
+The New England States (Based on the map of Dr. O. G. Libby)]
+
+But what guaranty was there that States would observe these
+prohibitions? The power to coerce a State was nowhere conferred. The
+militia, to be sure, could be called out to execute the laws; and the
+United States guaranteed to every State a republican form of government
+and promised protection against domestic violence. Congress could deal
+surely and effectively with any future Shays if it were invited to do
+so. But what if a State passed a law violating the obligation of
+contracts? The answer is contained in the clause which reads: "This
+Constitution, and the Laws of the United States which shall be made in
+Pursuance thereof; and all Treaties made, or which shall be made, under
+the Authority of the United States, shall be the supreme Law of the
+Land; and the Judges in every State shall be bound thereby, any Thing in
+the Constitution or Laws of any State to the Contrary notwithstanding."
+This and the correlative clause which extended the judicial power to all
+cases arising under the Constitution, the laws and the treaties of the
+United States, may be called the keystone of the whole constitutional
+structure. "For the first time in history, courts are called upon by the
+simple processes of administering justice, in cases where private right
+or personal injury is involved, to uphold the structure of the body
+politic." And there were those in the convention who believed that the
+principle of judicial control included the power of passing upon the
+constitutionality of laws enacted by Congress.
+
+It was still within the power of the old Congress to expedite or block
+the ratification of the new Constitution. The document which the
+Philadelphia Convention presented was technically only a revision of the
+Articles of Confederation, which might be altered only with the consent
+of the legislatures of all thirteen States; but the last article of this
+new instrument provided that when ratified by conventions (not
+legislatures) in nine States, it should go into effect among the States
+so acting. In effect, Congress was asked to sanction a secession of nine
+States from the old Union which had been declared perpetual. Making a
+virtue of necessity, Congress finally yielded and passed the
+Constitution on to the States.
+
+[Map: Distribution of Votes in Ratification of the Constitution
+The Middle States (Based on the map of O. G. Libby)]
+
+Since the party struggles of Whigs and Tories no campaign of continental
+proportions had ever been seen like that which ensued between the
+friends and foes of the new Constitution. By their forehandedness and
+their clear perception of what they must do, the Federalists, as the
+proponents of better government styled themselves, had a slight tactical
+advantage. The Anti-Federalists resented the assumption of the name by
+their opponents. They were the true friends of federal government, while
+the friends of the new Constitution aimed to set up a consolidated
+government. The press teemed with letters and essays, allegories and
+satires, squibs and pasquinades, expostulating, warning, ridiculing. The
+public was invited to heed the admonitions of Cato, Cassius, and many
+another worthy Roman.
+
+Although much the same arguments, sober or satirical, were used
+everywhere, the campaign had to be fought out in the several States,
+each with its own peculiar social, economic, and political conditions.
+In Massachusetts the eastern counties, with their dominant commercial
+and mercantile interests, favored the Constitution, while the interior
+agricultural section, which had fought the battles of the Revolution and
+recruited the ranks of Shays' army, opposed it. The interior counties of
+New York containing the farming population were Anti-Federal, while the
+city and county of New York with its environs--the commercial
+section--were Federalist. In Pennsylvania, those who had opposed the
+domination of the Scotch-Irish and German radicals in the State
+Government now united in advocacy of the new Constitution. Here as
+elsewhere the Federal area corresponded closely to the counties where
+commercial and mercantile interests were most in evidence. In Virginia,
+the old-time social and economic antagonism between east and west,
+between the planters and merchants of the tidewater and the small
+farmers of the interior, reappeared. Much the same alignment is found in
+the Carolinas. Beyond the Alleghanies, the people were a unit in
+opposing the Constitution.
+
+Detailed studies of the geographical distribution of votes in the state
+conventions, and recent investigations in the archives of the Treasury
+Department, sustain the conclusion to which the historian is driven by
+the testimony of contemporaries, that the fundamental opposition between
+the advocates and opponents of the Constitution was based on
+distinctions of wealth. On his first view of the Constitution young John
+Quincy Adams wrote in his diary: "It is calculated to increase the
+influence, and power, and wealth of those who have any already." A
+writer in the _Boston Gazette_ declared that the supporters of the
+Constitution consisted generally of the noble Order of Cincinnatus,
+holders of public securities, bankers, and lawyers: "these with their
+train of dependents form the Aristocratick combination." Over against
+this should be put the remark of Alexander Hamilton: that the new
+Constitution encountered the "opposition of all men much in debt, who
+will not wish to see a government established, one object of which is to
+restrain the means of cheating creditors." According to John Adams, the
+Constitution was "the work of the commercial people in the seaport
+towns, of the planters of the slaveholding states, of the officers of
+the Revolutionary army, and the property-holders everywhere."
+
+From November to the following July the campaign continued. Delaware,
+New Jersey, and Georgia ratified the Constitution unanimously;
+Connecticut by a majority of three to one; and Pennsylvania, by a
+majority of two to one. But there is reason to believe that these
+majorities in the ratifying conventions did not reflect public opinion
+accurately. Massachusetts, Maryland, and South Carolina followed
+hesitatingly, each proposing amendments to the Constitution. Toward the
+end of June the ninth State, New Hampshire, threw in her lot with the
+majority; and on the heels of this news came the intelligence that the
+Old Dominion had also ratified. The Constitution was now the law of the
+land. In the stanch Federal city of Philadelphia, the Fourth of July was
+celebrated with great rejoicing, for in the parlance of the time the
+sloop Anarchy was ashore on Union Rock, the old scow Confederation had
+put to sea, and the good ship Federal Constitution had come into port
+bringing a cargo of Public Credit and Prosperity.
+
+[Map: Distribution of Votes in Ratification of the Constitution
+The Southern States, 1787-1790 (Based on the map by Dr. O. G. Libby)]
+
+But until New York ratified the Constitution this rejoicing was
+premature. Geographically New York was a pivotal State. A union without
+this member was not worthy of the name. The task of the Federalists was
+here most difficult. Fully two thirds of the convention were at first
+opposed to the Constitution. The leadership of the Federalists fell to
+Hamilton. Together with James Madison and John Jay, he contributed to
+the newspapers a series of essays in advocacy of the Constitution,
+which, under the title _The Federalist_, have become a classic in our
+political literature. Just how the Federalists succeeded in overcoming a
+hostile majority and in securing a ratification of the Constitution by a
+vote of thirty to twenty-seven, remains a mystery to this day.
+
+Half a century later it became the habit of statesmen of the nationalist
+school to speak of the Constitution as the work of the people of the
+United States. John Marshall declared the Constitution to be "an
+expression of the clear and deliberate will of the whole people." As a
+matter of fact, no direct popular vote was taken at any stage in its
+evolution. The delegates to the Philadelphia Convention were chosen by
+the state legislatures; their work was ratified by conventions of
+delegates in the several States; and these delegates were chosen in
+every State but one on a carefully limited suffrage. New York alone
+provided that delegates to the convention should be elected on the basis
+of manhood suffrage. Elsewhere property qualifications were imposed
+which disfranchised probably about one third of the adult male
+population. In all the States a considerable proportion of the voters
+abstained from voting. In Boston, where twenty-seven hundred were
+qualified to vote, only seven hundred and sixty took the trouble to
+vote for delegates to the state convention. A recent writer hazards the
+guess that "not more than one fourth or one fifth of the adult white
+males took part in the election of delegates to the state conventions."
+If this be true, the Constitution expressed something less than the will
+of the whole people and perhaps not even of a majority. The making of
+the Constitution was clearly the work of a party rather than of the
+whole people. In the ranks of the Federalist party were the wealth and
+intelligence which made possible concerted and rapid action. The
+leadership fell naturally to those who had been accustomed to public
+life. From this point of view, the adoption of the Constitution was the
+triumph of a "natural aristocracy."
+
+Meantime, Congress nearing its end made testamentary provision for its
+heir. After much wrangling and vacillation, it fixed upon New York as
+the seat of the new Government and summoned the States to choose
+presidential electors, Senators, and Representatives. The new national
+legislature was to assemble on the first Wednesday in March, which fell
+upon the 4th. To this summons, two States turned a deaf ear. Not having
+ratified the new Constitution, North Carolina and Rhode Island were
+strangely circumstanced. Of all the States which had entered into the
+"firm league of friendship," they alone remained loyal--loyal, but
+discredited.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     Full accounts of the work of the Federal Convention may be found
+     in the histories of Bancroft and Curtis; briefer accounts, in the
+     volumes already cited, by McMaster, Fiske, McLaughlin, and
+     Channing. A succinct narrative is given by Max Farrand, _The
+     Framing of the Constitution_ (1913). A suggestive volume, treating
+     of the Constitution as the resultant of conflicting economic
+     interests, is C. A. Beard's _An Economic Interpretation of the
+     Constitution of the United States_ (1913). Among the special
+     studies of the ratification of the Constitution may be mentioned,
+     O. G. Libby, _The Geographical Distribution of the Vote of the
+     Thirteen States on the Federal Constitution, 1787-1788_ (1888);
+     McMaster and Stone, _Pennsylvania and the Federal Constitution,
+     1787-1788_ (1888); S. B. Harding, _The Contest over the
+     Ratification of the Federal Constitution in the State of
+     Massachusetts_ (1896); and F. G. Bates, _Rhode Island and the
+     Formation of the Union_ (1898). The most illuminating notes of the
+     debates in the Convention were those taken by James Madison, which
+     are printed in the _Records of the Federal Convention_ (3 vols.,
+     edited by Farrand, 1911). The most valuable commentary on the
+     Constitution is still _The Federalist_, written by Madison,
+     Hamilton, and Jay.
+
+
+
+
+CHAPTER III
+
+THE RESTORATION OF PUBLIC CREDIT
+
+
+"The people have been ripened by misfortune for the reception of a good
+government," Washington wrote to Jefferson, in the midsummer of 1788.
+"They are emerging from the gulf of dissipation and debt into which they
+had precipitated themselves at the close of the war. Economy and
+industry are evidently gaining ground." There is, indeed, abundant
+evidence that thrift and enterprise were steadily banishing hard times.
+The task of establishing the new government was made incomparably easier
+by the confidence inspired by returning prosperity.
+
+Already West India commerce had resumed very nearly its old volume. Both
+France and Spain had made concessions to vessels which came to the
+island ports laden with American produce. The Dutch and the Danish
+islands had always been kept open to American trade; and evidence is not
+wanting that the needs of British West India planters were stronger than
+their respect for orders in council. At all events, by hook or crook,
+American farm products and lumber found their way to British planters as
+well as to their French competitors. But something more than the
+resumption of the West India traffic was needed to restore prosperity.
+Necessity drove American sea captains to longer voyages and larger
+ventures. American vessels found their way in increasing numbers through
+the Baltic to Russia, and around Cape Horn to the Pacific ports, to
+China, and to the East Indies. One of the pioneers of this traffic to
+the Far East was Captain Robert Gray, of Boston, who, in his ship, the
+Columbia, doubled the Cape of Good Hope and completed the first American
+voyage around the world.
+
+While hardy seamen were seeking new markets, American ingenuity was
+trying to reproduce the machinery which was coming into use in England
+for the manufacture of textiles. In the year 1789, Pennsylvania was
+manufacturing cotton cloths, hats, and "all articles in leather," while
+Massachusetts was making cordage, duck, and glass. "The number of shoes
+made in one town, and nails in another, is incredible," wrote
+Washington. When Hamilton made his famous report on manufactures two
+years later, he described some seventeen industries which had already
+attained considerable proficiency, though nearly all of these were
+carried on in the household.
+
+The dawn of the 4th of March was saluted by the guns at the Battery in
+New York and by the ringing of church bells. This day was to witness the
+inauguration of the new Government. Delusive expectation! The dilatory
+habits of a decade were not so readily unlearned. To the amusement of
+ill-wishers, barely a score of Congressmen appeared in the city; and the
+carpenters were still at work remodeling the old City Hall into a
+fitting habitation for the new Federal Congress. It was not until the
+30th that enough Representatives were in attendance to make up a quorum
+and to permit the House to organize. Another week passed before the
+Senate could organize.
+
+On the 6th of April, the Senate summoned the House to attend the
+counting of the electoral votes. It then appeared that George Washington
+had received the highest number (69) and John Adams the next highest
+(34). This happy result had not been achieved without some concerted
+action among the Federalist leaders. The great personal influence of
+Washington was needed, indeed, to give dignity to the new office. While
+messengers were hastening to inform Washington and Adams of their
+election, the members of Congress had ample opportunities to look each
+other over. If they were not well known to each other, they were at
+least conspicuous in their respective communities. Nearly every man had
+held public office under his State Government and a large proportion had
+sat in the state conventions which had ratified the Constitution. Over
+two thirds of the Representatives counted themselves Federalist, or at
+least friends of the new Constitution.
+
+[Map: Distribution of Population 1790
+(Indian Tribes beyond the settled area)]
+
+On the 30th of April, the Senate and House in joint session received the
+President-elect. With simple ceremonies as befitted the occasion, the
+inauguration of our first President was consummated. Stepping from the
+Senate chamber upon the balcony, Washington looked out upon the crowds
+which thronged Wall Street. The Chancellor of New York administered the
+oath, the populace shouted, "Long live George Washington, President of
+the United States!" and then the President withdrew to deliver his
+inaugural address.
+
+When the minutes of the Senate were read next day an incident occurred,
+which, trivial as it seems, was indicative of a spirit that may be truly
+characterized as American. The President's address was referred to as
+"His most gracious Speech." In a moment the doughty Maclay, of
+Pennsylvania, sprang to his feet with a vigorous protest. These were
+words which savored of kingly authority and which were odious to the
+people. He moved that they be struck out. Vice-President John Adams
+remonstrated mildly; he saw no objection to borrowing the practices of a
+government under which we had lived so long and happily. Senator Maclay
+was on his feet at once with the declaration that the sentiments of the
+people had undergone a change adverse to royal government. Such a phrase
+on the minutes of the Senate would immediately be represented as "the
+first rung of the ladder in the ascent to royalty." Maclay had his way
+and the offensive phrase was erased. Much the same republican spirit
+appeared in the debate on titles. The Senate would have preferred to
+address the President as "His Highness, the President of the United
+States and Protector of their Liberties"; but the House insisted on
+having the plain title, "President of the United States."
+
+Even before the inauguration, the House of Representatives had entered
+upon its first tariff debate, for an immediate revenue was needed if the
+wheels of government were to move. Madison was ready with a scheme of
+customs duties patterned very largely after the ill-fated project of
+1783. On all sides it was agreed that taxes should be external rather
+than internal, upon foreign rather than domestic commerce. Madison
+advocated duties upon "articles of requisition likely to occasion the
+least difficulty," such as spirituous liquors, molasses, wines, tea,
+coffee, cocoa, pepper, and sugar. But almost at once the idea was
+broached that indirect aid should be given to certain industries. The
+clash of opposing sectional interests appears even in this first debate.
+In the end Madison's simple revenue measure was set aside. Specific
+duties were levied on more than thirty articles, and _ad valorem_ duties
+ranging from five to fifteen per cent on all others. Revenue was still
+the main object, but protective duties were deliberately grafted upon
+the bill. Tonnage dues were fixed in a separate act, while still another
+act laid the foundations of our national fiscal administration. In every
+State, side by side with local officials, yet independent of state
+control, there were to be collectors, surveyors of ports, inspectors,
+weighers, gaugers, measurers,--in short, so many living witnesses to the
+existence of a self-sufficient central government.
+
+When Congress addressed itself to the work of establishing the executive
+departments, questions of constitutional interpretation thrust
+themselves into the foreground. Experience under the Confederation
+proved the need of at least the three departments of foreign affairs,
+war, and treasury. Bills to establish these departments were at once
+framed and favorably considered, but exception was taken to the
+provisions making the heads of these departments, who were appointed by
+the President and Senate, removable by the President alone. It was
+finally agreed to assume that the President had the power to remove from
+office. The act was therefore made to read, "Whenever said principal
+officer shall be removed by the President." In this wise, by legislative
+construction, the Constitution was expanded at many points in the early
+years of the new Government.
+
+The bill to establish the Treasury Department was drawn in accordance
+with the ideas of Hamilton, for it was expected that he would be the
+first incumbent of the office. It may have been his well-known
+partiality for British institutions that caused the House to mistrust
+the phrase which made it the duty of the Secretary "to digest and report
+plans for the improvement and management of the revenue, and the support
+of the public credit." "If we authorize him to prepare and report
+plans," argued Tucker, of Virginia, voicing that fear of executive
+authority which was then instinctive, "it will create an interference of
+the executive with the legislative powers; it will abridge the
+particular privilege of this House.... How can business originate in
+this House, if we have it reported to us by the Minister of Finance?"
+The House was not minded to make Alexander Hamilton a Chancellor of the
+Exchequer. The bill was amended to read, "digest and prepare."
+Subsequently the House showed unmistakably its determination to assume
+direction of the national revenues and expenditures.
+
+One of the first concerns of Congress was to give substance to the
+colorless statement of the Constitution that there should be one supreme
+court and such inferior courts as Congress should ordain and establish.
+On the day following its organization, while the House was grappling
+with the question of revenue, the Senate appointed a committee to bring
+in a bill to establish the federal courts. The chairman of this
+committee was Oliver Ellsworth, of Connecticut, who had sat on the bench
+of the Court of Appeals under the Confederation and who had been an
+influential member of the Federal Convention. The bill reported by the
+committee was substantially his work. It provided for a supreme court
+bench of six judges--a chief justice and five associates; for thirteen
+district courts, each with a single judge; and for three circuit courts,
+each of which was to consist of two justices of the Supreme Court and a
+district judge. Lengthy provisions in the act carefully delimited the
+jurisdiction of these courts, and laid down the modes of procedure and
+practice in them. Of great importance was the twenty-fifth section,
+which provided for taking cases on appeal to the Supreme Court from the
+lower federal and state courts. The words of the act, by a fair
+implication, would seem to confer upon the Supreme Court the power to
+review the decision of a state court holding an act of the United States
+unconstitutional. It would seem to follow logically that the Supreme
+Court might do also directly what it might do indirectly--declare an act
+of Congress void by reason of its repugnance to the Constitution.
+Ellsworth, at least, held that in the discharge of their ordinary
+duties, the judges of the federal courts would have the right to
+pronounce acts of Congress void when they stood in conflict with the
+Constitution. Attempts were made, in the course of the debate on the
+Judiciary Act, to strip the federal courts of all jurisdiction except in
+admiralty and maritime cases. Many members of Congress agreed with
+Maclay in thinking that the Judiciary Act was calculated to draw all law
+business into the federal courts. "The Constitution is meant to swallow
+all the state constitutions, by degrees," averred the worthy Senator
+from Pennsylvania; "and this [bill] to swallow, by degrees, all the
+state judiciaries."
+
+The wisdom of the new President appeared in his appointments to office.
+Concerned solely with the fate of the federal experiment, he sought
+consistently the support of those who would add weight to the new
+Government, and who were Federalists in politics. Not only personal
+fitness but sectional interests had to be taken into consideration.
+Washington was solicitous to draw "the first characters of the union"
+into the judiciary, particularly those who had served in the state
+courts and commanded public confidence. His choice for Chief Justice
+fell upon John Jay. Rutledge, of South Carolina, Wilson, of
+Pennsylvania, Cushing, of Massachusetts, Harrison, of Maryland, and
+Blair, of Virginia, were first named as Associate Justices. Washington
+chose his chief advisers also from different sections. Thomas Jefferson
+was invited to become Secretary of State--a post which he accepted
+somewhat reluctantly. Hamilton did not have to be urged to take the
+headship of the Treasury. Knox was given the superintendence of a
+military establishment which then numbered only a few hundred men.
+Edmund Randolph was appointed Attorney-General.
+
+Before Congress adjourned in the fall, it adopted and sent to the States
+for ratification twelve amendments to the new Constitution. There were
+those who thought this action precipitate. Why tinker with a
+constitution which had hardly been tried? To all such Madison replied
+cogently that the amendments which his committee reported did not alter
+the framework of the instrument, but added only certain safeguards to
+individual rights. The lack of a declaration of rights had been deplored
+in every convention and had cost the support of many respectable people.
+Moreover, two communities had not yet "thrown themselves into the bosom
+of the Confederacy." The wisdom of this course was attested by the
+prompt ratification of ten of the twelve proposed amendments.
+
+On November 21, 1789, North Carolina ratified the Constitution, leaving
+Rhode Island to a position of hazardous isolation. Congress was
+considering a bill to cut off the commercial privileges of the State, by
+putting her on the footing of a foreign nation, when news came that a
+convention at Newport had ratified the Constitution by the narrow margin
+of two votes. In the following year the number of States was increased
+by the admission of Vermont. The admission of Kentucky followed in 1792;
+and Congress paved the way for the entrance of other States into the
+Union by organizing the Southwest Territory out of Western lands ceded
+by the three southernmost States. The expansion of the United States had
+begun, bringing with it unforeseen problems.
+
+The severest labors of Congress began in the second session, when the
+new Secretary of the Treasury presented his first report on public
+credit. Shortly after the Convention of 1787, Hamilton had expressed his
+belief that one of the great dangers which threatened American society
+was "the depredations which the democratic spirit is apt to make on
+property." Distrusting the political capacity of the people, whom in
+private he called "a great beast," he believed that the new Government
+would succeed or fail in just the proportion that it enlisted the
+support of the influential and wealthy classes. He set himself
+deliberately to the task of identifying the interests of the propertied
+classes with those of the Government.
+
+It was a sorry state in which Hamilton found the national finances. The
+foreign debt, including principal and arrears of interest, amounted to
+$11,710,000. The domestic debt, much more difficult to determine, was
+not less than $42,414,000, about one third of which was made up of
+arrears of interest. The debts of the individual States, principal and
+interest, were estimated at about $25,000,000. These were heavy burdens
+for the shoulders of a young Government whose fiscal powers were as yet
+untested. But the shoulders had to be fitted to the burden, if public
+credit was to be restored.
+
+In this first report on public credit, January 9, 1790, Hamilton
+analyzed the financial situation with masterly clearness and set forth
+his plans for the adjustment of the national debt. The determination of
+Congress to make adequate provision for the support of the public credit
+was justified in his mind by every consideration. A country like the
+United States, possessed of little active wealth, must borrow in
+emergencies; to borrow on good terms, it must establish its credit; and
+to maintain its credit, it must faithfully observe its contracts. But
+over and above these considerations, dictated by expediency, were
+"immutable principles of moral obligation." Moreover, the national debt
+was no ordinary obligation: it was "the price of liberty." On all sides,
+it was agreed that the debt contracted abroad should be provided for in
+the precise terms of the contracts.
+
+It was only in regard to the domestic debt that differences of opinion
+were likely to arise. The notes representing this debt were of all sorts
+and kinds. Much of it had changed hands and all of it had depreciated in
+value. Some of it still circulated as a monetary medium. The vital
+question was: how were the present holders to be paid? At the face value
+of the paper, or at the price for which it had been purchased? Hamilton
+argued firmly against any discrimination, both because it was a breach
+of contract and because it was a violation of the rights of a fair
+buyer.
+
+When this part of Hamilton's plan came before Congress in concrete form,
+it gave rise to the bitterest debate which had been heard. That it would
+give opportunity for immoderate speculation was plain enough; yet every
+alternative which aimed to do justice by both the original and the
+present holder was confessedly inadequate, when a certificate of
+indebtedness, for example, had passed through several hands without
+record.
+
+No sooner was Hamilton's proposal made than a wild scramble began for
+the possession of the hitherto worthless government paper. "Couriers and
+relay horses by land, and swift sailing pilot boats by sea, were flying
+in all directions," wrote Jefferson. "Active partners and agents were
+associated and employed in every state, town, and country neighborhood,
+and this paper was bought up at 5/ and even as low as 2/ in the pound,
+before the holder knew Congress had already provided for its redemption
+at par. Immense fortunes were thus filched from the poor and ignorant,
+and fortunes accumulated by those who had themselves been poor enough
+before."
+
+[Map: Vote on Assumption July 24, 1790]
+
+The second part of the scheme outlined in Hamilton's first report
+aroused even more bitter opposition. With a fine audacity he proposed
+the assumption of state debts. It is difficult to believe that Hamilton
+was perfectly ingenuous in stating his reasons for this move. He
+apprehended, he said, that the States would be hampered in satisfying
+their creditors because they had surrendered one important source of
+revenue to the central Government, duties on imports. In resorting to
+other means, the States might pass conflicting measures which would
+oppose industry. Besides, the debts had been incurred in the cause of
+Union and should be borne by all. But deeper than these reasons was
+probably a political motive. Hamilton had no local attachments. A
+thoroughgoing nationalist, he saw in the claims of the States to
+autonomy only so many obstacles in the path of national unity. "To
+cement more closely the Union of States" by creating a solidarity of
+financial interests, was, indeed, the basal principle of his fiscal
+plans.
+
+The wrath of Congressmen from States like Virginia, which had already
+discharged most of their debts, knew no bounds. After they had practiced
+thrift and met their obligations, should they, forsooth, now aid their
+less provident sisters? The chief opponents of assumption came from the
+South, and the chief advocates from the North. South Carolina and New
+Hampshire parted company with their neighbors, the one because it had a
+large debt and the other because it had not. Pennsylvania was divided on
+this question. For a time the opposition was too strong to be overcome.
+On May 25, 1790, an adverse vote seemed to seal the fate of "Miss
+Assumption," as the wits of the day called this measure. Just at this
+juncture the question of the location of the future capital, which had
+been debated inconclusively during the first session, was revived. Here
+again the North was arrayed against the South. Should the capital be
+located on the Potomac, as Maryland and the Southern States wished, or
+somewhere in Pennsylvania? New York was now out of the question, and
+since Pennsylvania would not support assumption, the New England States
+rather spitefully opposed the claims of Philadelphia.
+
+Here was a situation which called for the _finesse_ of the politician.
+Might not votes for one project be traded for the other? Would the
+Virginia representatives abandon their opposition to assumption for the
+sake of locating the capital on the banks of the Potomac? It was at this
+juncture that Hamilton sought out Jefferson, whose influence over the
+Congressmen from Virginia was very considerable, and laid the project
+before him. With a readiness which he afterward regretted, Jefferson
+fell in with the scheme, and invited Hamilton and certain Virginia
+Representatives to dine at his table. In this comfortable fashion, over
+their wine, these gentlemen reached an amicable agreement. Such is
+Jefferson's account, but the matter could not have been quite so simple,
+for other Representatives than those from Virginia changed their votes
+and so contributed to the final settlement of the controversy. Nor is
+Jefferson quite ingenuous when he afterward described himself as duped
+by Hamilton, for he had not shown himself averse to assumption at any
+time. Be this as it may, Congress voted to assume the debts of the
+States, and to remove the seat of government from Philadelphia after ten
+years to a district ten miles square on the Potomac, which Washington
+was to select.
+
+The need of further revenue was now imperative. As Hamilton said in his
+second report on the public credit, the duties on imported articles had
+reached a point which might not be exceeded "without contravening the
+sense of the body of the merchants." When Congress met for its third
+session in December, 1790, Hamilton boldly urged what was perhaps as
+unpopular a tax as he could have proposed--a duty on distilled spirits.
+To most Americans an excise was not only an internal tax, but as
+Jefferson said, "an infernal one." It was bound to fall with heavy
+weight upon the people of the interior who turned much of their corn and
+rye into whiskey, for more convenient transportation over the mountains
+to Eastern markets. But despite strenuous opposition the excise was
+voted. It was, as a member of Congress expressed it, like "drinking down
+the national debt."
+
+In this same report of December 13, 1790, Hamilton advocated the
+establishment of a national bank. Such an institution, he believed,
+would increase the amount of active capital in the country and at the
+same time serve the Government as a fiscal agent in obtaining loans and
+in collecting taxes. Opposition to this project gathered rapidly and was
+encouraged by the Secretary of State. The debates in Congress touched
+upon the monopolistic tendency of such a banking institution and its
+constitutionality, rather than upon its intrinsic merits and demerits.
+The bill was carried by substantial majorities in February, 1791, and
+sent to the President for his approval.
+
+Washington was so beset with doubts as to the constitutionality of the
+bank bill that he asked his secretaries and the Attorney-General to
+express their opinions. Jefferson argued that the power to incorporate a
+bank was not given by the Constitution to Congress, for it was not among
+the enumerated powers and it was not a power which belonged to any of
+the enumerated powers as indispensably necessary to their exercise.
+Hamilton deprecated this attempt to confine the general Government
+either to powers expressly granted or to powers absolutely necessary to
+carry out the enumerated powers. There was another class, he contended,
+which might be termed "resulting" powers. If the end to be gained by a
+measure was comprehended within the specified powers, and the measure
+was obviously a means to that end and not forbidden by the Constitution,
+then it was clearly within the compass of the national authority.
+Washington finally yielded to Hamilton's persuasions, and signed the
+bill.
+
+The charter of the bank fixed the capital stock at ten million dollars,
+of which the Government was to subscribe one fifth; the rest was open to
+public subscription. Three fourths of the public subscriptions might be
+paid in bonds of the Government. The notes issued by the bank were made
+receivable for all payments to the United States. The bank was to be the
+repository of the government funds. Its management was committed to a
+board of twenty-five directors chosen annually, who could establish
+branch banks as they deemed advisable. The charter was to run for twenty
+years.
+
+The stock of the bank was not only subscribed at once, but soon sold at
+a premium which invited the wildest sort of speculation in Philadelphia,
+New York, and Boston. Stock-jobbing became a mania. "The coffee house is
+in an eternal buzz with the gamblers," Madison wrote from the seat of
+government. Sinister aspects of this speculative craze soon began to
+appear. "Of all the shameful circumstances of this business," said
+Madison, "it is among the greatest to see the members of the Legislature
+who were most active in pushing this job openly grasping its
+emoluments." It was reported that Schuyler, Hamilton's father-in-law,
+was to head the board of directors.
+
+As the wide reach of Hamilton's financial policy became clear, men like
+Madison, whose sympathies had hitherto been enlisted on the side of more
+efficient government, had grave misgivings. When the Secretary of the
+Treasury intimated in his report on manufactures that Congress might
+promote the general welfare by appropriating money in any way it chose,
+Madison definitely parted company with his former collaborator, holding
+that by such an interpretation of the Constitution "the Government is no
+longer a limited one possessing enumerated powers, but an indefinite
+one, subject to particular restrictions." Jefferson had already
+expressed himself in a similar way apropos of the bank bill. The
+suspicions which the Secretary of State entertained of his brilliant
+colleague were deep-seated. Hamilton's well-known preference for the
+British Constitution and his disposition to convert his secretaryship
+into a sort of chief ministerial office confirmed Jefferson's distrust.
+Had he and Madison been alone in their suspicions, their misgivings
+would not be worth recording; but they voiced the sentiments of an
+increasing number of men who disliked the consolidating tendencies of
+the new Government.
+
+Moreover, the aristocratic tone of Washington and his _entourage_ gave
+deep offense. Both by disposition and by calculation the President
+cultivated a certain official etiquette. His receptions were formal to
+the point of frigidity. He received his visitors "with a dignified bow,
+while his hands were so disposed as to indicate that the salutation was
+not to be accompanied with shaking hands." His figure clad in black
+velvet was most impressive. His hair was powdered and gathered in a
+large silk bag. His hands were dressed in yellow gloves, and he carried
+a cocked hat adorned with a black feather, while at his side hung a
+sword in a scabbard of white polished leather. To ardent republicans
+these trappings were so many manifestations of monarchical leanings.
+Hamilton's suggestion that coins should bear the head of the President
+under whom they were minted, was additional evidence to suspicious minds
+that the group of men who had the President's ear were monarchists at
+heart.
+
+Before the First Congress adjourned, the nucleus of a new party was at
+hand and its fundamental tenet roughly foreshadowed: namely, opposition
+to the increase of the powers of the Federal Government through the use
+of implied powers and at the expense of the State Governments. The
+appearance of the first number of the _National Gazette_ under the
+editorship of Philip Freneau was a sign that the further conduct of the
+Administration would be subjected to searching criticism. Freneau
+succeeded admirably in voicing the opinions of the nascent party. The
+columns of the _National Gazette_ had much to say about "aristocratic
+juntos," "ministerial systems," and "the control of the government by a
+wealthy body of capitalists and public creditors," whose interests were
+in opposition to those of the people. When Hamilton's paper, the _United
+States Gazette_, attempted to stigmatize the opposition as essentially
+Anti-Federalist, Freneau replied that only those men were true friends
+of the Union who adhered to a limited and republican form of government
+and who were ready to resist the efforts which had been made "to
+substitute, in the room of our equal republic, a baneful monarchy." By
+posing as the only stanch supporters of republicanism, the opposition
+secured a great tactical advantage. To call one's self emphatically a
+Republican was to cast aspersions upon the republicanism of one's
+opponents.
+
+As yet, however, there existed only tendencies toward parties and not
+clearly defined political groups. The voting in the early sessions of
+Congress was far from consistent. The members gave little indication
+that they regarded themselves as adherents of parties whose fortunes
+depended on preserving an unbroken alignment for or against the
+Government. How little coherence the opposition possessed was apparent
+when Giles, of Virginia, presented a resolution censuring Hamilton for
+his management of the Treasury. Despite the unpopularity of Hamilton and
+the general distrust of his policy in Republican circles, the opposition
+could muster only seven votes in favor of the resolution, in the closing
+hours of the Second Congress.
+
+The presidential election of 1792, therefore, was not properly a contest
+between parties. When Washington consented reluctantly to serve a second
+term, his unopposed reëlection was assured. The Republicans expressed
+their opposition only by supporting for Vice-President, George Clinton,
+of New York, whose Anti-Federalism was well known, instead of John
+Adams, of Massachusetts. The congressional elections of this year
+resulted in the choice of men whose leanings were rather Republican than
+Federalist.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     Besides the works of Hildreth and of McMaster, there are several
+     compendious histories which treat of the beginnings of the new
+     government. Among these are James Schouler, _History of the United
+     States under the Constitution_ (7 vols., 1880-1913), and E. M.
+     Avery, _History of the United States and its People from their
+     Earliest Records to the Present Time_ (7 vols., 1904- ). The events
+     of the Administrations of Washington and Adams are narrated by J.
+     S. Bassett, _The Federalist System_ (in _The American Nation_,
+     vol. 11, 1906). Among the special studies of importance are D. R.
+     Dewey, _Financial History of the United States_ (1903); C. R.
+     Fish, _The Civil Service and the Patronage_ (1905); H. B. Learned,
+     _The President's Cabinet_ (1912); and W. W. Willoughby, _The
+     Supreme Court of the United States_ (1890). There are many
+     biographies of the Federalist leaders. Among the best are W. C.
+     Ford, _George Washington_ (2 vols., 1900); W. G. Sumner,
+     _Alexander Hamilton_ (1890); F. S. Oliver, _Alexander Hamilton; an
+     Essay on American Union_ (1907); J. T. Morse, _John Adams_ (1885);
+     W. G. Brown, _Life of Oliver Ellsworth_ (1905). Of contemporary
+     writings none will give a more intimate view of politics than
+     Senator William Maclay's _Journal_ (1890). William Sullivan,
+     _Familiar Letters on Public Characters_ (1834), gives some lively
+     sketches of notable figures, but he writes with a strong
+     Federalist bias.
+
+
+
+
+CHAPTER IV
+
+THE TESTING OF THE NEW GOVERNMENT
+
+
+The new Government fell heir to all the unsettled diplomatic problems of
+the Confederation. The political destiny of the thirteen States seemed
+fixed when they ratified the Constitution; the fate of the Western
+communities beyond the Alleghanies still hung in the balance. In
+Kentucky, General Wilkinson still intrigued in behalf of Spain. Sevier
+and Robertson, in Tennessee, were not averse to separation from the
+Eastern States nor to a Spanish protectorate. From New Orleans, Mobile,
+St. Marks, and Pensacola, the Spanish authorities supplied the Indians
+of the Southwest with arms and ammunition, counting on these uncertain
+allies to maintain their long frontier, for Spain still claimed Florida
+with its most northern boundary and refused to accept the validity of
+the British cession of 1783. More than this: Spain was disposed to claim
+both sides of the Mississippi, at least as far north as the Ohio.
+
+In the Northwest, British garrisons still held Michilimackinac, Detroit,
+Niagara, Oswego, and other posts. The policy of Great Britain was
+dictated by much the same considerations as was that of Spain. Lord
+Dorchester, Governor of Canada, assured the home Government that "the
+flimsy texture of republican government" could not long hold the Western
+settlements in the Union. In 1789, the Lords of Trade reported that it
+was a matter of interest for Great Britain "to prevent Vermont and
+Kentucke, and all other settlements now forming in the Interior parts of
+the great Continent of North America, from becoming dependent upon the
+Government of the United States, or of any other Foreign Country, and to
+preserve them on the contrary in a State of Independence and to induce
+them to form Treaties of Commerce and Friendship with Great Britain."
+
+President Washington had hardly taken the oath of office when a war
+cloud appeared on the western horizon. Certain British vessels, bound
+for Nootka Sound to establish a trading-post, were seized by Spanish
+authorities in a way which provoked bitter resentment. In the early
+months of 1790, war seemed imminent. The situation was full of peril for
+the United States, for war would inevitably bring about military
+operations directed against Florida and Louisiana, and neither party was
+likely to respect the neutrality of the United States. The prospect of a
+conquest of the Spanish colonies by Great Britain alarmed the
+Administration. "Embraced from the St. Croix to the St. Mary's on the
+one side by their possessions, on the other side by their fleet," wrote
+Jefferson, "we need not hesitate to say that they would soon find means
+to unite to them all the territory covered by the ramifications of the
+Mississippi." Representations were therefore made to the British
+Government that "a due balance on our borders is not less desirable to
+us than a balance of power in Europe has always appeared to them."
+
+Fortunately the war cloud vanished as rapidly as it had formed. In the
+fall of 1790, Spain and England entered into a convention which averted
+hostilities. Yet the situation on both flanks of our long frontier was
+full of peril. Spain intrigued with the Creeks of the Southwest, while
+the British authorities in Canada encouraged the Indians north of the
+Ohio in their hostility to the white settlers. The attitude of the
+Indians along the Maumee and Wabash Rivers was so menacing that Governor
+St. Clair sent a punitive expedition against them; but the effect upon
+the Indians was so slight that a second expedition was set on foot in
+the following year. With a force of fourteen hundred raw recruits,
+unused to Indian warfare, St. Clair marched into the heart of the Indian
+country and suffered an inglorious defeat, on November 4, 1791. More
+than half of his command were killed, and scarcely a man escaped
+unscathed. It was a most humiliating reverse for the new Government,
+occurring almost under the eyes of British garrisons, and just as
+opposition was coming to a head in Congress.
+
+While two European powers were thus poised like vultures awaiting the
+demise of the new republic, a third darkened the sky. France deemed the
+moment auspicious for an attack upon the colonial possessions of her
+late ally, the King of Spain. The South American revolutionist, Miranda,
+had persuaded the French Ministry, as he had before persuaded Pitt, that
+the Spanish colonial empire was tottering and would readily fall with
+its rich spoil at the first resolute attack. The French Ministers were
+dazzled by the prospect of reviving a colonial empire in the new world.
+It seemed well within the range of possibilities to reduce Louisiana,
+and from the mouth of the Mississippi to begin the conquest of Spanish
+Central and Southern America. With this purpose in view, the Government
+sent as Minister to the United States, Citizen Genet, an ardent apostle
+of the Revolution. He was instructed to secure a treaty with the United
+States--"a true family compact"--which "would conduce rapidly to freeing
+Spanish America, to opening the navigation of the Mississippi to the
+inhabitants of Kentucky, to delivering our ancient brothers of Louisiana
+from the tyrannical yoke of Spain, and perhaps to uniting the fair star
+of Canada to the American constellation." But without waiting for the
+coöperation of the United States, Genet was to arouse the people of
+Kentucky and Louisiana by sending among them agents who should light the
+fires of revolution.
+
+[Map: The Northwest 1785-1795]
+
+The first news of the revolution in France had kindled the warmest
+sympathy in the United States. Emotional individuals thought they saw
+the events of our own revolution mirrored in the stirring drama in
+France. The spectacle of the new republic confronting the allied
+monarchs of Europe thrilled those who had battled with the hirelings of
+George the Third. Civic feasts became the fashion; liberty caps and
+French cockades were donned; "the social and soul-warming term Citizen"
+was adopted by the more demonstrative. But there were those who did not
+sing "Ça Ira" and who foresaw the peril of a general European war.
+
+Early in April, 1793, a British packet brought the news to New York that
+Louis XVI had been guillotined and that France was at war with England
+and Spain. The ominous tidings brought President Washington post-haste
+from Mount Vernon to Philadelphia. Summoning his advisers, he put before
+them the perplexing questions which had arisen in his mind. Neutrality
+was obviously the policy which national self-interest dictated; but
+neutrality seemed hardly compatible with our treaty obligations to
+France. In the treaties of 1778, the United States had expressly
+guaranteed French possessions in America and had opened its ports to
+French privateers and their prizes, denying the privilege to her
+enemies. Hamilton argued rather fallaciously that these treaties were
+made by the King of France and were binding upon his successors alone;
+they were not in force after the Revolutionary Government had destroyed
+the monarchy. Furthermore, the guaranty did not apply to an offensive
+war such as that which France was now waging. Jefferson and Randolph
+took issue with Hamilton on these points; but all agreed that neutrality
+must be preserved. On April 22, the President issued a proclamation,
+which, avoiding the word "neutrality," declared that the United States
+was at peace with both France and Great Britain, and warned all citizens
+to avoid all acts of hostility.
+
+The proclamation was well-timed, for Genet had already landed at
+Charleston and had begun his extraordinary career as revolutionary agent
+of the Gironde. He found the ground well watered for the seeds of
+revolution. In Georgia and South Carolina, the frontiersmen were
+smarting under the repeated depredations of the Cherokees and Creeks and
+eager to put an end to Spanish ascendancy in that quarter. Under these
+circumstances it was no difficult matter to arrange for expeditions
+against St. Augustine from the Georgia frontier, and against New Orleans
+from South Carolina by way of the Tennessee River and the Mississippi.
+Assuming that the United States was already enlisted in the cause by the
+treaties of 1778, Genet sent out orders to French consuls, bidding them
+set up courts of admiralty for the trial of prize cases, and even
+dispatched privateers from the port of Charleston to prey upon British
+vessels. Before Genet could reach Philadelphia, the French frigate
+L'Ambuscade had captured the Little Sarah in lower Delaware Bay, and had
+anchored with her prize in the river opposite the city.
+
+From Charleston, Genet made a triumphal progress to Philadelphia,
+receiving on all sides demonstrations which convinced him that the heart
+of the nation beat in unison with that of France. He was therefore much
+disconcerted and angered by the studied reserve of the President, to
+whom he presented his credentials in Philadelphia. What a contrast
+between the liberty-loving populace and this haughty aristocrat who kept
+medallions of Capet and his family upon his parlor walls! At a banquet
+in Oeller's Tavern, however, Genet received the sort of demonstrations
+which his French heart craved. There, amid poetic declamations and many
+libations to the Goddess of Liberty, he and his hosts donned the crimson
+cap of liberty and sang with infinite zest the new "Marseillaise." Even
+a well-balanced mind might have become convinced that the Administration
+and the people were out of accord.
+
+On the threshold of his career at Philadelphia, Genet demanded an
+advance payment on the debt which the United States owed to France. The
+refusal of the Administration to supply him with funds embittered him
+still further. He now took up with vigor his revolutionary projects in
+the West. The proposal of George Rogers Clark to raise a force and take
+all Louisiana for France reached him at this time and fitted in well
+with his general mission. Clark was given a commission as "Major General
+of the Independent and Revolutionary Legion of the Mississippi," and was
+promised the coöperation of frigates in his attack upon New Orleans. For
+this purpose Genet made haste to transform the Little Sarah into a
+privateer, under the very eyes of the Government. He was warned that he
+must not allow La Petite Democrate, as the vessel was rechristened, to
+put to sea. Nevertheless, in defiance of the state and federal
+authorities, the ship dropped down the bay and eventually put out to
+sea.
+
+Up to this moment Genet's popularity was immense. Very probably this
+popular devotion to the cause of France was inspired in part by the
+factious opposition which was irritating the Administration on purely
+domestic issues. Nevertheless, Liberty, Equality, and the Rights of Man
+were phrases which appealed cogently to the democratic masses in the
+States. In imitation of the Jacobin Club, Democratic societies sprang up
+in all the considerable centers of population from Boston to Charleston.
+In these organizations the voice of the disfranchised classes was
+articulate for the first time. With unprecedented virulence these
+Democrats attacked not only policies but personalities. Washington was
+libeled in such scurrilous fashion that even his composure broke down on
+one occasion, so Jefferson records; and he declared in a passion that by
+God! he had rather be in his grave than in his present situation.
+
+After the Little Democrat episode, however, popular sentiment began to
+grow cold toward Genet. His plans failed to carry; and he was reported
+to have exclaimed in a moment of irritation that he would appeal from
+the President to the people. This was the last straw. All but his most
+radical followers deserted him. The Administration now determined to
+demand his recall. But events in France had already terminated Genet's
+career. The Girondist party had fallen and the triumphant Jacobins had
+no use for an agent who had served the discredited faction. In February,
+1794, Genet was replaced by Fauchet and his revolutionary mission ended
+with his official duties.
+
+From the moment when France declared war upon Great Britain to the exile
+of Napoleon two decades later, the United States as a neutral nation was
+incessantly menaced by the aggressions of one or the other of the
+belligerents. A faithful picture of American politics must set the
+stirring events of this epoch against the forbidding background of
+European intrigue and war. In this struggle the supremacy of the seas
+fell to Great Britain. However victorious on European battlefields,
+French armies were powerless to defend the colonial possessions in the
+West Indies. Cut off from France the colonies could only maintain
+themselves by direct trade with neutrals like the United States. But by
+the so-called rule of 1756, neutral commerce was forbidden under these
+conditions. Ports closed to neutral commerce in time of peace might not
+be thrown open in time of war. Flinging consistency to the winds, the
+French Convention decreed in February, 1793, that neutral states might
+trade with her colonies on the same terms as French vessels. That Great
+Britain would refuse to sanction this trade was fully expected. It was
+inevitable that Great Britain would treat neutrals who accepted the
+French invitation as having forfeited their neutrality.
+
+With little or no thought of probable consequences, fleets of
+merchantmen set sail from Boston, Philadelphia, and other ports in the
+spring of the year, with cargoes of fish and grain to barter for sugar,
+coffee, and rum at Martinique, Antigua, and St. Kitts. The traffic
+promised to be most lucrative. But disaster overtook many a gallant
+vessel before she could reach her destination. In June, British orders
+in council instructed English cruisers to detain all vessels bound for a
+French port with corn, flour, and meal, and to purchase such supplies as
+were needed. Such vessels were then to be allowed to proceed to any port
+of a state with which His Majesty was living in amity. The skipper who
+had anything worth taking to a foreign port after an experience of this
+sort was lucky indeed. In November orders were issued for the seizure of
+all vessels laden with French colonial products or carrying provisions
+to any French colony.
+
+Tales of outrages perpetrated under the British orders in council soon
+began to reach the home ports of the West India merchantmen. Doubtless
+these tales lost nothing in the telling, but the unimpeachable fact
+remains that scores of American ships were seized and libeled in
+admiralty courts set up in the British West Indies. Nor did the British
+naval officers hesitate to impress seamen who were suspected of being
+British subjects. Republican opponents of the Administration, who had
+felt the proclamation of neutrality as a rebuff to our old ally, France,
+were now confirmed in their hostility to Great Britain. To their minds
+ample cause for war existed.
+
+The policy which Jefferson and Madison would have forced upon the
+Administration was one of retaliation. In a report to Congress Jefferson
+proposed that whenever our commerce was laid under restrictions by a
+foreign nation, similar restrictions should be put upon the trade of the
+offending state. By pacific coercion, the United States would oblige
+foreign states to make favorable commercial treaties. Madison urged this
+policy upon Congress in a series of resolutions; but the supporters of
+the Administration pointed out that retaliatory measures would sacrifice
+the trade with Great Britain, which furnished seven eighths of the total
+imports into the country. It was plain that the mercantile classes which
+upheld the Administration did not desire either war or retaliatory
+legislation, however much they might be suffering from British
+depredations. The resources of diplomacy were not yet exhausted. Might
+not a treaty be secured which would open up the British West India
+trade?
+
+Upon the news of the offensive orders in council of November, which
+reached Philadelphia in the following March, public feeling veered
+strongly toward war. At the same time with tales of new outrages at sea
+came a not very well authenticated but commonly accepted report of Lord
+Dorchester's speech to the Indians of the Northwest, in which he
+assured his dusky hearers that war was imminent between his country and
+the United States. Congress now began to prepare for the inevitable.
+Appropriations were made for the fortification of harbors and the
+collection of military stores. The depredations of the Algerine pirates
+in the Mediterranean gave excuse for the building of six frigates. An
+embargo was laid upon commerce for thirty days and then extended over
+another thirty days. Dayton, of New Jersey, alarmed the administration
+party by proposing the sequestration of all British debts as an
+indemnity for the vessels which had been seized by British cruisers.
+
+A rift now appeared in the war cloud. Early in April, Washington
+received intelligence of a new order in council dated January 8, 1794,
+which only forbade trade between the French colonies and Europe, leaving
+American vessels to trade freely with the French West Indies. Washington
+seized the opportune moment to test the resources of diplomacy. On April
+16, he sent to the Senate the nomination of Chief Justice John Jay as
+Envoy Extraordinary to the Court of St. James. Three days later the
+nomination was confirmed, and by the middle of May, Jay was on his way
+to England upon the most difficult mission of his diplomatic career.
+
+While Jay was pressing American grievances upon Lord Grenville, not the
+least of which was the retention of the Western posts by British
+garrisons, events occurred near one of the unsurrendered posts which
+might easily have brought on war. The humiliating defeat of St. Clair
+in 1791 had left the settlers beyond the Ohio at the mercy of the
+Indians. British authorities in Canada encouraged the Indians to believe
+that by combination they could check the advance of the whites. An
+Indian territory under British protection would have served the purposes
+of Great Britain admirably. To forestall these designs President
+Washington appointed to command in the Northwest Anthony Wayne--"Mad
+Anthony" of Revolutionary days. With a caution and thoroughness which
+belied his reputation, Wayne spent nearly two years in recruiting and
+drilling an army. Every effort in the mean time to conciliate the
+Indians was made futile by the machinations of their British advisers.
+By the spring of 1794, Wayne had an army sufficiently trustworthy to
+undertake a forward movement. His route lay down the Maumee River, at
+the rapids of which Lieutenant-Governor Simcoe had built a fort and
+stationed a small garrison, in anticipation of an American attack upon
+Detroit, which was supposed to be Wayne's objective. At a place known as
+Fallen Timber, a few miles south of the rapids, on August 18, Wayne
+found the Indians ready to offer battle. They had chosen their ground
+with considerable skill, but Wayne employed his cavalry and infantry so
+effectively that he drove the redskins from cover and pursued them with
+great slaughter almost to the walls of the British fort. The British
+commander demanded an explanation. Wayne replied with a taunt which
+amounted to a challenge and which was probably intended to be such; but
+the British refused to be drawn into hostilities. Had Wayne attacked
+and dispersed the British garrison, he would hardly stand condemned at
+the bar of history, for by the Treaty of Paris not he, but the British
+commander, was the intruder on foreign soil. Nevertheless, war at this
+time would have made Jay's mission futile and might have sacrificed the
+whole Mississippi Valley.
+
+The Administration had hardly time to applaud Wayne's victory when it
+was greatly perturbed by an insurrectionary movement in western
+Pennsylvania. The sturdy Scotch-Irish people of the southwestern
+counties beyond the mountains had always felt their aloofness from the
+eastern counties. They were now still further disaffected because of the
+federal tax on spirituous liquors. They shared the feeling of the
+Continental Congress, which in 1774 had declared an excise "the horror
+of all free states." Even before the incidence of the tax was fully
+felt, protests were drafted at mass-meetings and federal collectors were
+roughly treated. The tax fell with heavy weight upon the small farmer.
+Whiskey was not merely his chief marketable commodity: it was also his
+medium of exchange when money was scarce. A tax on his still seemed to
+be an unfair discrimination. Such was the pitch of public feeling in the
+year 1793 that farmers who complied with the law had their stills
+wrecked by masked men, popularly known as "Whiskey Boys."
+
+Early in July, 1794, the marshal of the district court of Philadelphia
+attempted to serve writs against distillers in the western counties who
+were charged with breaking the law. He chose his time unwisely, for the
+farmers were in the midst of harvesting, and liquor was circulating
+freely among the laborers. In serving his last writ, he was threatened
+by a number of reapers. This was the spark needed to start a
+conflagration. On the next morning the house of a revenue inspector,
+Neville, was attacked and blood was shed. A small detachment of soldiers
+from Fort Pitt was stationed at the house; but on the following day they
+were fired upon and forced to surrender, and the house of the inspector
+was burned. The marshal and the inspector fled the country. Matters went
+from bad to worse. The mail was robbed; the militia was summoned to meet
+at Braddock's Field for the avowed purpose of attacking the garrison at
+Fort Pitt; but there the courage of the leaders evaporated. The attack
+upon the garrison was commuted into a boisterous march through the
+streets of Pittsburg, whose citizens purchased immunity by liberal
+donations of whiskey to the thirsty rioters.
+
+On August 7, 1794, the President issued a proclamation commanding the
+insurgents to disperse, and summoned twelve thousand militia from the
+adjoining States to hold themselves in readiness for active service on
+the 1st of September. Meanwhile, earnestly desiring to avoid the use of
+force, Washington sent three commissioners to the scene of the riots in
+the hope of appealing to the sober sense of the people. They held
+protracted negotiations with representatives of the people in the
+disaffected district, but were unable to persuade them to deliver up the
+ringleaders of the revolt. On September 24, the President issued a
+second proclamation and set the troops in motion. Under the command of
+"Light Horse Harry" Lee, now Governor of Virginia, the army marched west
+in two divisions, but encountered no resistance. Many arrests were made
+and eighteen alleged leaders of the insurrection were sent to
+Philadelphia for trial. Only two of these, however, were convicted of
+treasonable conduct, and they were pardoned by the President. Some
+twenty-five hundred troops were quartered near Pittsburg for the winter;
+but rebellion did not again lift its head.
+
+The utter collapse of the Whiskey Rebellion made the whole affair seem
+ridiculous to those who gathered in the coffee-houses to hear the tales
+of the militiamen but the importance of the episode was not slight.
+Hamilton is said to have remarked on one occasion that a government can
+never be said to be established "until some signal display of force has
+manifested its power of military coercion." The Federal Government had
+now demonstrated that it was equal to the emergency whenever the laws
+were opposed by combinations too powerful to be suppressed by the
+ordinary course of judicial proceedings or by the powers vested in the
+marshals by law. The days of Shays' Rebellion had gone, never to return.
+
+There was an aspect of the insurrection which Washington did not fail to
+note in his annual address to Congress in November, 1794. The Democratic
+clubs had been unsparing in their condemnation of the excise law, and
+their resolutions had more than once a treasonable sound. Washington did
+not hesitate to deprecate the untoward influence of these "self-created
+societies" and to condemn those "combinations of men, who, careless of
+consequences, and disregarding the unerring truth that those who rouse
+cannot always appease a civil convulsion, have disseminated, from an
+ignorance or perversion of facts, suspicions, jealousies, and
+accusations of the whole Government." The Democratic societies now fell
+into disrepute and did not long survive their great prototype, the
+Jacobin Club of Paris.
+
+Although Jay had presented his credentials in June, 1794, it was the
+19th of November before a treaty was signed; and it was not until the
+8th of June, 1795, that Washington could send an authentic copy to the
+Senate. The most dispassionate member of that body must have confessed
+privately to a sense of disappointment as he heard the terms for the
+first time. Listening intently for the redress of grievances, he seemed
+to hear only concessions. The United States was to assume the debts
+still unpaid to British merchants since the peace, so far as "lawful
+impediments" had been put in the way of their collection; to open all
+ports to British ships on the footing of the most favored nation; and to
+make restitution for losses and damages to the property of British
+subjects occasioned by French privateers in American waters, whenever
+compensation could not be obtained in the ordinary course of justice.
+And for all these concessions what had been gained? The promise to
+evacuate the Western posts? That was but a tardy redemption of an old
+promise. No mention was made of the negroes carried away by British
+armies during the war. Nothing was said about the impressment of
+American seamen. To be sure, the ports of the East Indies were to be
+opened to direct commerce with the United States; but no American vessel
+might engage in the coasting trade of these East India dependencies. As
+for the West India trade, only vessels of seventy tons burden might
+participate, and even that concession was yielded on the express
+understanding that molasses, sugar, coffee, cocoa, and cotton should not
+be exported from the United States to any part of the world. After
+hearing this obnoxious twelfth article, few Senators could preserve a
+fair mind on the remaining provisions of the treaty.
+
+The historian is in a better position to evaluate the treaty. To the
+cause of international arbitration, Jay and Grenville made a distinct
+contribution. They provided for three commissions which were to settle
+the uncertain boundaries of the United States on the northeast and
+northwest; to adjudicate the claims of British creditors; and to adjust
+the claims of those citizens of the United States whose ships and
+cargoes had been seized in the West India trade, and on the other hand,
+the claims of those British subjects who had suffered losses through
+French privateers in American waters. Moreover, an agreement was reached
+on what should in future be regarded as contraband, and on the treatment
+of vessels which should be captured on suspicion of carrying enemies'
+property or contraband.
+
+There were two cogent reasons for ratifying the treaty despite its
+defects: it provided for indemnity in respect to recent seizures on the
+high seas; and it averted war. But no arguments could justify the
+surrender of American trade in the West Indies, to the minds of either
+the New England shipper or the Southern planter, for while the latter
+might be indifferent to other considerations, he would not willingly
+part with his right to ship his cotton crop, now becoming every year
+more valuable. The requisite two-thirds vote of the Senate was secured
+only by dropping out altogether the objectionable twelfth article.
+
+The publication of the treaty was followed by an outburst of popular
+indignation which made even the President wince. Remonstrances and
+protests poured in upon him from every part of the Union. The sailors
+and shipowners of Portsmouth burned Jay and Grenville in effigy,
+together with a miniature ship of seventy tons. In Charleston, the flags
+were put at half-mast and the public hangman burned copies of the treaty
+in the open street. While remonstrating with a disorderly crowd in Wall
+Street which was vilifying Jay, Hamilton was stoned and forced to give
+way with the blood streaming down his face. Personal abuse of the
+coarsest kind was heaped upon Washington by the opposition press, while
+a host of pamphleteers assailed him under cover of anonymity. Congress
+expressed its hostility toward the President by omitting to congratulate
+him on his birthday.
+
+In the face of this denunciation, Washington might well have hesitated
+to press the ratification of the amended treaty upon Great Britain. His
+perplexities were further increased by the tidings that the Ministry
+had renewed the earlier orders for the seizure of provisions on neutral
+vessels bound for French ports. Hamilton was of the opinion that the
+President should insist upon the withdrawal of this order in council and
+upon the acceptance of the Senate amendment before he ratified the
+treaty. The delicate task of securing the consent of Great Britain to
+these conditions was entrusted to John Quincy Adams, then Minister at
+The Hague.
+
+Meanwhile the skies cleared in the Northwest. Wayne's punitive
+expedition had done its work. With their towns destroyed and their crops
+ruined, the Indians had passed a terrible winter. By the following
+summer they were ready to sue for peace. In a great council at
+Greenville, on August 4, 1795, they agreed to a treaty which ceded to
+the United States all the region south and east of a line running from
+the intersection of the Kentucky and Ohio Rivers to Lake Erie. Only one
+thing was needed to secure the Northwest and that was the evacuation of
+the British posts.
+
+During this same summer, Thomas Pinckney, at the Court of Madrid, was
+trying to secure the liberation of the Southwest from the control of
+Spain. On October 27, 1795, the treaty of San Lorenzo was signed, which
+conceded the thirty-first parallel as the northern boundary of West
+Florida from the Mississippi to the Apalachicola. This was in itself a
+notable achievement; but even more important to the people of the
+Western world was the declaration that the Mississippi River should be
+open to their commerce with the right of deposit at New Orleans.
+
+The mission of Adams at the Court of St. James was not less successful.
+The Ministry agreed to modify the objectionable order in council and to
+accept the treaty without the twelfth article. With a deep sense of
+relief Washington promulgated the treaty as the law of the land on
+February 27, 1795. With these three treaties of 1795, not only was war
+averted, but our slender hold upon the vast tract between the
+Alleghanies and the Mississippi immeasurably strengthened, if not
+secured for all time.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     The attitude of historical writers toward the events recorded in
+     this chapter has been considerably altered since the publication
+     of a series of articles by F. J. Turner. The more important of
+     these contributions are: "The Origin of Genet's Projected Attack
+     on Louisiana and the Floridas" (_American Historical Review_,
+     III); "The Policy of France toward the Mississippi Valley"
+     (_Ibid._, X); and "The Diplomatic Contest for the Mississippi
+     Valley" (_Atlantic Monthly_, XCIII). Nearly all the authorities
+     cited in the foregoing chapter deal in greater or less detail with
+     the diplomatic events of Washington's Administrations. The
+     following may be added to the list: Trescott, _Diplomatic History
+     of the Administrations of Washington and Adams_ (1857); F. A. Ogg,
+     _The Opening of the Mississippi_ (1904); C. D. Hazen,
+     _Contemporary American Opinion of the French Revolution_ (1897).
+     The story of the expeditions against the Indians of the Northwest
+     is told by Roosevelt, _Winning of the West_ (vol. IV). A reliable
+     account of the Whiskey Insurrection is given in Brackenridge,
+     _History of the Western Insurrection_ (1859).
+
+
+
+
+CHAPTER V
+
+ANGLOMEN AND JACOBINS
+
+
+In January, 1795, Hamilton retired from the Treasury Department. The
+moment was well chosen, for his great creative work was done and signs
+were not wanting that the initiative in finance was about to pass to the
+House of Representatives. As he passed out of office, a young
+Representative from Pennsylvania made his appearance in Congress who was
+scarcely his inferior in quick grasp of the intricacies of public
+finance. Almost the first efforts of Albert Gallatin were directed to
+the improvement of the methods of congressional finance. It was at his
+suggestion that the first standing Committee of Ways and Means in the
+House was appointed, in the expectation that it would assume a general
+superintendence of finance. Believing that the Executive could be held
+in check only by systematic, specific appropriations, Gallatin became an
+insistent advocate of the rule, and in consequence a thorn in the flesh
+of the departments. "The management of the Treasury," complained Wolcott
+to Hamilton, "becomes more and more difficult. The legislature will not
+pass laws in gross. Their appropriations are minute; Gallatin, to whom
+they yield, is evidently intending to break down this department, by
+charging it with an impracticable detail." "The heads of departments,"
+Fisher Ames wrote despondently, two years after Hamilton left office,
+"are chief clerks. Instead of being the ministry, the organs of the
+executive power, and imparting a kind of momentum to the operation of
+the laws, they are precluded even from communicating with the House by
+reports." There was no room for a British ministry in the Republican
+scheme of politics.
+
+Meantime, Washington's foreign policy had widened the breach between the
+political factions and had forced him into a partisan position. From the
+Republican point of view, Jay's treaty threw the United States into the
+arms of England and gave just cause of offense to France. Knowing the
+popular temper, which was undoubtedly hostile to the treaty, the
+Republican leaders endeavored to defeat the purposes of the
+Administration by refusing to vote the necessary appropriations. Their
+first demand was for the papers relating to the treaty, on the ground
+that in matters upon which the action of the House was needed, that body
+might properly call for information to guide its deliberations. The
+President refused this demand, both because he deemed it imprudent to
+make the papers public, and because he denied the right of the House to
+participate in the treaty-making power.
+
+The debate which followed is one of the most illuminating in the early
+history of Congress. The trend of argument may be suggested by two
+remarks of opposing partisans. Said Griswold for the Federalists, "The
+House of Representatives have nothing to do with the treaty but provide
+for its execution." Disclaiming that the House was bent upon impairing
+the constitutional right of the President and Senate to make treaties,
+Gallatin contended that the power claimed by the House was "only a
+negative, a restraining power on those subjects over which Congress has
+the right to legislate." In vigorous resolutions the House sustained
+Gallatin's position; and the appropriation for the treaty was carried
+only by the casting vote of the Speaker, on April 29, two months after
+Washington by proclamation had declared the treaty to be the law of the
+land.
+
+The consequences of the _rapprochement_ between the United States and
+Great Britain were far-reaching. The French Minister, Fauchet, urged his
+Government to take immediate steps to acquire a continental colony which
+would not only serve France and her West India colonies as a granary and
+as a market for their exports, but which would also bring pressure to
+bear upon the disaffected border communities of the United States. Such
+a colony was Louisiana. With this province in her possession, a power
+like France would speedily control the Mississippi and the Western
+people who used that highway for their commerce. Throughout the year
+1795, the French Government sought by persuasion and threats to secure
+Louisiana from Spain as the price of an alliance.
+
+How far the Administration was apprised of these designs is not clear;
+but against the background of French intrigue certain passages of
+Washington's Farewell Address take on a new significance. The West was
+warned that it could control "the indispensable outlets for its own
+productions" only by attaching itself firmly to "the Atlantic side of
+the Union." "Any other tenure ... whether derived from its own separate
+strength, or from an apostate and unnatural connection with any foreign
+power, must be intrinsically precarious." And the admission of Tennessee
+as a State in the year 1796 may have been hastened by an ill-defined
+fear that the people of the West might not be proof against French
+machinations.
+
+The purpose of Washington not to accept a re-election was known to his
+intimates early in the spring of 1796. Upon whom would his mantle fall?
+There was much searching of hearts among Federalist leaders, but by the
+end of the summer it was well understood that Federalist electors would
+support John Adams and Thomas Pinckney for the Presidency and
+Vice-Presidency. The most talented man in the party was unquestionably
+Alexander Hamilton; but Hamilton had made too many enemies to be a
+popular candidate. By common consent, Thomas Jefferson became the
+candidate of the Republicans for President; with him was associated
+Aaron Burr, of New York.
+
+The most remarkable aspect of the campaign of 1796 was the undisguised
+attempt of Adet, who had succeeded Fauchet, to turn the election in
+Jefferson's favor. The treaty with England could not be undone; but
+France had much to hope from a Republican administration. In a series of
+letters directed to the Secretary of State, but printed in the
+Philadelphia _Aurora_, Adet announced that the Directory regarded the
+treaty of commerce concluded with Great Britain as "a violation of the
+treaty made with France in 1778, and equivalent to a treaty of alliance
+with Great Britain." "Justly offended," the Directory had ordered him to
+"suspend his ministerial functions with the Federal Government." This
+action, however, was not to be regarded as a rupture between the two
+peoples, but only "as a mark of just discontent, which is to last until
+the Government of the United States returns to sentiments and to
+measures, more conformable to the interests of the alliance, and the
+sworn friendship between the two nations."
+
+Adet would have had the people believe that the alternatives were
+Jefferson or war; and the threat of war, so it was said, was enough to
+drive the peace-loving Quakers of Pennsylvania into the Republican
+ranks. In more northerly States Adet's manifesto probably had the
+opposite effect. "There is not one elector east of the Delaware River,"
+declared the Connecticut _Courant_, "who would not sooner be shot than
+vote for Thomas Jefferson." Not a Republican elector was chosen in the
+States to the north and east of Pennsylvania. On the other hand, Adams
+received only two electoral votes south of the Potomac. South Carolina
+divided its vote between Jefferson and Pinckney. Only unexpected votes
+in Virginia and North Carolina gave Adams the election, for Pennsylvania
+was carried by the Republicans. Pinckney lost the Vice-Presidency
+through the defection of Federalists in New England.
+
+An incident of the election in Pennsylvania revealed the change already
+wrought by parties in the Constitution. The framers of the Constitution
+expected that a small number of persons selected by their fellow
+citizens from the general mass would deliberately weigh "all the reasons
+and inducements which were proper to govern their choice," and in their
+mature wisdom choose the individual who met the requirements of the
+office. It fell out otherwise. In Pennsylvania, one of the six States to
+choose electors by popular vote, each party had put forward a ticket
+with fifteen names. Thirteen of the fifteen Republican electors were
+chosen. Of the two Federalist electors who were chosen, one broke faith
+with his party and cast his vote for Jefferson and Pinckney. The
+Federalists were exasperated by this treachery. "What!" expostulated a
+writer in the _United States Gazette_: "Do I chuse Samuel Miles to
+determine for me whether John Adams or Thomas Jefferson shall be
+President? No! I chuse him to _act_, not to _think_."
+
+While Adet was endeavoring to bring what the Federalists called the
+French party into power, the Administration was urging the reluctant
+Monroe at Paris to make the Jay Treaty as palatable as possible to the
+French Government. This was an irksome task for that ardent Republican.
+From the outset of his mission he found it difficult to sustain that
+detachment from French politics which his position demanded. Moreover,
+after having assured the French Government that Jay was negotiating at
+London only for the redress of grievances and not for a commercial
+treaty, Monroe found it peculiarly humiliating to be obliged to confess
+that he had been kept in ignorance of the real trend of negotiations.
+Under these circumstances, he temporized and gave only half-hearted
+attention to the task of placating the Directory. Hamilton now advised
+his recall; and Washington, who had on two occasions expressed his
+displeasure with Monroe's conduct, determined to send Charles Cotesworth
+Pinckney in his stead.
+
+Trivial as this incident seems, it was not without its effect upon the
+course of diplomacy abroad and of politics at home. When Monroe
+endeavored to put his successor into touch with the French Foreign
+Office, he was told that the Directory was not prepared to receive
+another American representative until their grievances had been
+redressed. This affront left Pinckney in an embarrassing position, for
+until his credentials were accepted, he was liable, like all foreigners
+at that time, to arrest as a spy. It was not until February, after many
+months of waiting, that he was given his passport. He at once crossed
+the border and took up his residence at Amsterdam.
+
+Meantime, Monroe had taken his departure with the warmest expressions of
+regard on the part of the French Government. He was assured that his
+worth and his efforts in behalf of his country's interests were
+understood and appreciated. He returned to the United States with the
+firm conviction, which his Republican friends shared, that he had been
+made the victim of Federalist chicanery. In the following year he
+published an elaborate defense which served admirably as a popular
+campaign document in the next presidential elections.
+
+It fell to John Adams on the very threshold of his administration to
+deal with what he euphemistically called the misunderstanding with
+France. His inaugural address announced unmistakably his intention to
+preserve neutrality between the belligerents of Europe, and to treat
+France with impartiality but with a sincere desire for her friendship.
+Between the lines may be read also an equally sincere desire to placate
+the opposition and to free himself from all imputation of a bias toward
+Great Britain and a monarchical system. From the first news of
+Pinckney's dismissal, President Adams was disposed "to institute a fresh
+attempt at negotiation": he even approached Jefferson to see if he would
+not persuade Madison to serve on a special commission, believing that
+Madison's well-known Gallic sympathies would commend him to the French
+nation. At the same time he declared stoutly in a message to Congress,
+in special session on May 15, that France had treated the United States
+"neither as allies nor as friends nor as a sovereign state." Attempts
+which had been made to create a rupture between the people of the United
+States and their Government "ought to be repelled with a decision which
+shall convince France and the world that we are not a degraded people
+humiliated under a colonial spirit of fear and sense of inferiority."
+While he therefore recommended measures of defense, he asked the Senate
+to confirm the appointment of three commissioners whom he proposed to
+send to France. Two of these, Pinckney and John Marshall, were
+Federalists, but the third was Elbridge Gerry, a Massachusetts
+Republican, who was the second choice of the President, Dana having
+declined to serve.
+
+While Congress was acting upon the President's recommendations and
+voting appropriations for fortifications and for the completion of the
+three frigates which were then on the stocks, disquieting disclosures
+came from the West. Spain having declared war upon England in the
+previous fall, British emissaries, it was rumored, were concerting plans
+for the conquest of New Orleans and West Florida. While expeditions made
+up of Western frontiersmen and Indians descended upon the Spanish
+strongholds in the Southwest, a British fleet was to blockade the mouth
+of the Mississippi. The evidence which President Adams laid before
+Congress in July implicated Senator Blount, of Tennessee. In common with
+other land speculators, he had become alarmed at the rumor that France
+was about to acquire Louisiana, and had agreed to use his influence
+among the whites and Indians of the Southwest, where he had formerly
+been governor, to assist the designs of Great Britain. He was expelled
+from the Senate and impeached. Before his trial could take place, he was
+elected a member of the legislature of Tennessee, and from that point of
+vantage he successfully defied the federal authorities.
+
+The episode had unfortunate consequences: it aroused the distrust of the
+Spanish Government and delayed the surrender of Natchez and other posts
+which Spain had agreed to cede in the Treaty of 1795; and it furnished
+Talleyrand, who had become Minister of Foreign Affairs under the
+Directory, with an additional argument for the cession of Louisiana to
+France. France in control of Louisiana and Florida would be "a wall of
+brass forever impenetrable to the combined efforts of England and
+America."
+
+Early in March, 1797, dispatches arrived from the envoys which were full
+of sinister disclosures. On the 19th, President Adams announced gloomily
+that he perceived "no ground of expectation" that the objects of the
+mission could be accomplished "on terms compatible with the safety,
+honor, or the essential interests of the nation." He renewed his
+recommendations of measures of defense "proportioned to the danger." The
+average Republican regarded this message as tantamount to a declaration
+of war. Jefferson spoke of it as "an insane message." The partisan press
+held it to be further proof of British bias in John Adams, the old
+aristocrat! But when the President sent to Congress the deciphered
+dispatches, and the newspapers had printed extracts from them, a wave of
+indignation swept over the country. For the moment the wildest partisan
+of France was silenced.
+
+The envoys told a sordid tale of French intrigue and greed. It appeared
+that they had never been received officially when they made known their
+presence on French soil, but had been approached by agents of
+Talleyrand, whom they referred to in the dispatches as Mr. X, Mr. Y, and
+Mr. Z. They were much mystified by the language used by these gentlemen,
+until the evening of October 18, when Mr. X called on General Pinckney
+and whispered that he had a message from Talleyrand. "General Pinckney
+said he should be glad to hear it. Mr. X replied that the Directory, and
+particularly two of the members of it, were exceedingly irritated at
+some passages of the President's speech, and desired that they should be
+softened; and that this step would be necessary previous to our
+reception. That, besides this, a sum of money was required for the
+pocket of the Directory and Ministers, which would be at the disposal of
+M. Talleyrand; and that a loan would also be insisted on. Mr. X said if
+we acceded to these measures, M. Talleyrand had no doubt that all our
+differences with France might be accommodated. On inquiry, Mr. X could
+not point out the particular passages of the speech that had given
+offense, nor the quantum of the loan, but mentioned that the _douceur_
+for the pocket was twelve hundred thousand livres, about fifty thousand
+pounds sterling."
+
+Unwilling to believe their ears, the astonished envoys asked to have
+these proposals put in writing. Mr. X not only complied with this
+request, but brought with him Mr. Y, a confidential friend of
+Talleyrand, who repeated the terms upon which the envoys would be
+received, and pointed out convenient means by which the money could be
+secretly transferred.
+
+The American commissioners responded that while they had ample powers to
+make a treaty, they had none to make a loan. They offered, however, to
+send one of their number to America for further instructions, provided
+that the Directory would check the further capture of American vessels.
+Nevertheless, the efforts of X and Y to secure the _douceur_ were not
+relaxed. Finally, finding the envoys either obstinate or obtuse, Mr. X
+exclaimed, "Gentlemen, you do not speak to the point. It is money; it is
+expected that you will offer money." The Americans were inexorable.
+"What is your answer?" asked X impatiently. "It is," said the envoys,
+"no, no; not a sixpence."
+
+On November 1, the commissioners agreed to hold no more indirect
+intercourse with the Government, but to prepare a statement of the
+American grievances against France and to send it to Talleyrand. Two
+weary months passed before they received his answer. Couched in language
+which was both contemptuous and insulting, this reply of Talleyrand
+terminated the mission. The Directory intimated that in future they
+would treat only with Gerry as "the more impartial" member of the
+commission. Pinckney and Marshall remonstrated against this
+discrimination, but Gerry unwisely consented to deal with Talleyrand
+alone. Marshall secured a passport with some difficulty and departed for
+home. Pinckney with more difficulty secured permission to retire to
+southern France with his invalid daughter.
+
+The war spirit now ran high. President Adams declared that he would
+never send another minister to France without assurances that he would
+be "received, respected, and honored as the representative of a great,
+free, powerful, and independent nation," and the people supported this
+declaration with surprising unanimity. Demonstrations occurred in all
+the playhouses of Philadelphia and New York; young men formed
+associations and donned the black cockade as an emblem of patriotic
+devotion; even in the quiet towns of New England, women met to drink tea
+and to sing the new song "Adams and Liberty." Cities along the coast
+vied with one another in their eagerness to build warships. The
+patriotic fervor found expression in original song and verse. "Hail
+Columbia" was the happy inspiration of young Joseph Hopkinson, of
+Philadelphia. For once in his life President John Adams found himself a
+popular hero riding on the crest of public applause.
+
+To the intense disgust of Jefferson, even Republicans caught the war
+fever, and joined with the Federalists in putting the country on a war
+footing. Among the earliest measures of Congress was an act providing
+for the establishment of a Navy Department. In rapid succession followed
+acts authorizing the President to permit merchantmen to arm in their own
+defense and our warships to seize French vessels which preyed upon our
+commerce. On July 7, the existing treaties with France were repealed. In
+short, without a formal declaration, the United States was virtually at
+war with France. The new navy soon put to sea and gratified national
+pride by several gallant victories, the most notable being the capture
+of the frigate L'Insurgente by the newly commissioned Constellation, on
+February 9, 1799. When peace was restored in 1800, the navy had a record
+of eighty-four prizes, most of which were French privateers.
+
+The organization of the provisional army did not move so rapidly, partly
+because of the incompetence of the Secretary of War, and partly because
+of an unseemly wrangle for precedence among the three major-generals
+whom Adams had named. Conscious of his own inexperience in military
+affairs, President Adams had persuaded Washington to take chief command
+of the army with the distinct understanding that he would not be called
+into active service unless an emergency arose. Washington named
+Hamilton, C. C. Pinckney, and Knox as major-generals, and the President
+sent the nominations to the Senate in this order. Misunderstandings
+arose at once as to the relative rank of these three major-generals.
+Hamilton and his intimates in the circle of the President's advisers
+urged that as his name was first on the list he was the ranking officer.
+At this Knox took umbrage, for he had outranked Hamilton in the old
+army; and so, too, had Pinckney. Knowing the intrigue in Hamilton's
+behalf and not a little alarmed at the prospect of having the direction
+of the war pass into the hands of a man whom he regarded as a rival,
+Adams determined to sign the commissions in the reverse order, thus
+giving Knox precedence. The friends of Hamilton were enraged at this
+turn of affairs and prevailed upon Washington to write a letter of
+protest to the President. Adams was finally persuaded to date all three
+commissions alike and to leave the designation of rank to the
+commander-in-chief. Washington promptly named Hamilton as
+inspector-general with precedence over Pinckney and Knox; whereupon Knox
+refused to serve.
+
+The immediate outcome of this controversy was to widen the rift which
+was already separating the President from the faction led by Hamilton.
+Adams had taken office in the belief that Washington's cabinet advisers
+were loyal to him. "Pickering and all his colleagues are as much
+attached to me as I desire," he had written just before his
+inauguration. But he speedily found that all were accustomed to look to
+Hamilton as the virtual leader of the Federalist party. Moreover, he
+found himself thrust into the background in the matter of military
+appointments, as soon as Hamilton took over the actual work of
+organizing the army. The Constitution made him commander-in-chief;
+circumstances seemed to conspire, he complained bitterly, "to annihilate
+the essential powers given to the President." He had, too, all the
+natural aversion of a civilian for military affairs. "Regiments are
+costly articles everywhere," he told McHenry testily, "and more so in
+this country than in any other under the sun. And if this country sees a
+great army to maintain, without an enemy to fight, there may arise an
+enthusiasm that seems to be little foreseen."
+
+It would have been strange, indeed, if under these circumstances the
+President had not scanned the horizon anxiously for the faintest
+intimations of peace. In October, 1798, definite assurances were given
+by Talleyrand, through our Minister at The Hague, that France would
+receive a new minister from the United States. On February 18, 1799, the
+President confounded both friends and foes by sending to the Senate the
+nomination of Vans Murray to be Minister to France. The emotions of the
+militant Federalists were too various to admit of description. It would
+have been madness, however, not to accept the proffered olive branch.
+Swallowing their wrath, they agreed to the mission, but substituted a
+commission of three for a single minister.
+
+From Napoleon, the new master of France, the commissioners secured a
+convention which not only restored peace, but safeguarded the rights of
+neutrals, by restraining the right of search and conceding the principle
+that free ships make free goods. Napoleon consented also to the
+abrogation of the treaties of 1778, but only upon condition that the new
+treaty should contain no provision for the settlement of claims for
+indemnity. John Adams was not far from the truth when he accounted this
+peace one of the most meritorious actions of his life. "I desire no
+other inscription over my gravestone," he wrote fifteen years later,
+"than: 'Here lies John Adams, who took upon himself the responsibility
+of the peace with France in the year 1800.'"
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     On the origin and growth of political parties in the United
+     States, the following books are suggestive and informing: H. J.
+     Ford, _The Rise and Growth of American Politics_ (1898); C. E.
+     Merriam, _A History of American Political Theories_ (1910); J. P.
+     Gordy, _Political History of the United States_ (2 vols.,
+     1900-03); A. E. Morse, _The Federalist Party in Massachusetts to
+     the Year 1800_ (1909); J. D. Hammond, _History of the Political
+     Parties in the State of New York, 1789-1840_ (2 vols., 1850). To
+     those histories already mentioned which describe the quarrel with
+     France may be added G. W. Allen, _Our Naval War with France_
+     (1909), and A. T. Mahan, _Influence of Sea Power on the French
+     Revolution and Empire_ (2 vols., 1898). A most readable account of
+     manners and customs in America is given by La
+     Rochefoucauld-Liancourt, _Travels through the United States,
+     1795-1797_ (2 vols., 1799). Social life in New York and
+     Philadelphia is described by R. W. Griswold, _The Republican
+     Court_ (1864).
+
+
+
+
+CHAPTER VI
+
+THE REVOLUTION OF 1800
+
+
+The greatest obstacle in the path of the people of the United States in
+their struggle toward national life was the vastness of the territory
+which they occupied. Even the region between the Alleghanies and the sea
+was as yet imperfectly subdued. Great tracts of wilderness separated
+communities beyond the fall-line of the rivers. Intercourse was
+incredibly difficult even between the commercial ports of New England
+and the Middle States. Stage-coaches plied between Boston and New York,
+to be sure, and between New York and Philadelphia. By stage, too, a
+traveler could reach Baltimore and Washington in the course of time. But
+beyond the Potomac public conveyances were few and uncertain in their
+routes. The only public stage in the Carolinas and Georgia plied between
+Charleston and Savannah. Those whom either public or private business
+forced to journey from these remote Southern States to Philadelphia took
+passage in coasting vessels. It is difficult to say which were greater,
+the perils by land or by sea. Writing from Philadelphia in 1790, William
+Smith, of South Carolina, described the misfortunes of his fellow
+Congressmen in trying to reach the seat of government, as follows:
+"Burke was shipwrecked off the Capes; Jackson and Mathews with great
+difficulty landed at Cape May and traveled one hundred and sixty miles
+in a wagon to the city. Burke got here in the same way. Gerry and
+Partridge were overset in the stage; the first had his head broke and
+made his _entrée_ with an enormous black patch; the other had his ribs
+sadly bruised and was unable to stir for some days. Tucker had a
+dreadful passage of sixteen days with perpetual storms. I wish these
+little _contretemps_ may not sour their tempers and be inauspicious to
+our proceedings."
+
+Even in the North, where distances were not so great and where great
+arms of the ocean did not penetrate so far inland, as in North Carolina,
+for example, interposing so many barriers to communication, travel was
+painfully slow and hazardous. Travelers who made the journey from Boston
+to New York by stage-coach accounted themselves lucky if they reached
+their destination in six days, for no bridges spanned any of the great
+waterways and the crossing by ferryboats was uncertain and often
+dangerous. Many travelers preferred to journey by water from port to
+port, but coasting vessels, contending with the winds and the tides,
+were often nine or ten days in sailing from Boston to New York.
+
+The post traveled with somewhat greater speed; yet a letter sent from
+Portland, Maine, could not be delivered in Savannah, Georgia, in less
+than twenty days. From Philadelphia a post went to Lexington, Kentucky,
+in sixteen days, and to Nashville, Tennessee, in twenty-two days. The
+cost of these posts, like the cost of traveling, was in many cases
+prohibitive. The rate for a letter of a single sheet was twenty-five
+cents. News traveled slowly from State to State. The best news sheets
+in New York printed intelligence from Virginia which was almost as
+belated as that which the packets brought from Europe.
+
+With such barriers in the way of intercourse, the masses, so far indeed
+as they possessed the suffrage at all, were not politically
+self-assertive. Devoted primarily to the pursuit of agriculture and
+commerce, essentially rural in their distribution, the people had
+neither the desire nor the means, nor yet the leisure, to engage in
+active politics. Politics was the occupation of those who commanded
+leisure and some accumulated wealth. The voters of the several States
+touched each other only through their leaders. In these early years
+national parties were hardly more than divisions of a governing class.
+Party organization was visible only in its most rudimentary form--a
+leader and a personal following. The machinery of a modern party
+organization did not come into existence until the railroad and the
+steamboat tightened the bonds of intercourse between State and State,
+and between community and community.
+
+In another respect political parties of the Federalist period differed
+from later political organizations. Under stress of foreign
+complications, Federalists and Republicans were forced into an
+irreconcilable antagonism. The one group was thought to be British in
+its sympathies, the other Gallic. In the eyes of his opponents, the
+Republican was no better than a democrat, a Jacobin, a revolutionary
+incendiary; and the Federalist no better than a monocrat and a Tory. The
+effect was denationalizing. Each lost confidence in the other's
+Americanism.
+
+The Federalists, in control of the Executive,--and thus, in the common
+phrase, "in power,"--were disposed to view the opposition as factious,
+if not treasonable. Washington deprecated the spirit of party and
+thought it ought not to be tolerated in a popular government. Fisher
+Ames expressed a common Federalist conviction when he wrote in 1796: "It
+is a childish comfort that many enjoy, who say the minority aim at place
+only, not at the overthrow of government. They aim at setting mobs above
+law, not at the filling places which have known legal responsibility.
+The struggle against them is therefore _pro aris et focis_; it is for
+our rights and liberties." Such a state of mind can be understood only
+by a diligent reading of the newspapers and political tracts of the
+time. Republican journalists, many of whom were of alien origin, still
+gloried in the ideals and achievements of the French Revolution. But
+liberty and democracy, as preached by a Tom Paine and glorified by a
+Callender and exemplified by the Reign of Terror in France, had caused
+an ominous reaction in the minds of upholders of the established order
+in the United States.
+
+Under these circumstances, when, in the minds of those in authority,
+party was identified with faction, and faction was held to be synonymous
+with treason, the position of the Republicans was precarious. War with
+France they bitterly opposed, but were powerless to prevent. The path of
+opposition was made all the more difficult by the well-known attitude of
+conspicuous Federalist leaders who favored war as an opportunity for
+discrediting their political opponents, or, as Higginson expressed it,
+for closing the "avenues of French poison and intrigue."
+
+Laboring under the conviction that they had to deal not only with an
+enemy without but with an insidious foe within, the Federalists carried
+through Congress in June and July, 1798, a series of measures which are
+usually cited as the Alien and Sedition Acts. The first in the series
+was the Naturalization Act, which lengthened the period of residence
+required of aliens who desired citizenship, from five to fourteen years.
+The Alien Act authorized the President, for a period of two years, to
+order out of the country all such aliens as he deemed dangerous to
+public safety or guilty of treasonable designs against the Government.
+Failure to leave the country after due warning was made punishable by
+imprisonment for a term not exceeding three years and by exclusion from
+citizenship for all time. A third act conferred upon the President the
+further discretionary power to remove alien enemies in time of war or of
+threatened war. Finally, the Sedition Act added to the crimes punishable
+by the federal courts unlawful conspiracy and the publication of "any
+false, scandalous, and malicious writings" against the Government,
+President, or Congress, with the intent to defame them or to bring them
+into contempt or disrepute. For conspiracy the penalty was a fine not
+exceeding five thousand dollars and imprisonment not exceeding five
+years; for seditious libel, a fine not exceeding two thousand dollars
+and imprisonment not exceeding two years.
+
+The debates in Congress left little doubt that the Sedition Act was a
+weapon forged for partisan purposes. The Federalists were convinced that
+France maintained a party in America which by means of corrupt hirelings
+and subsidized presses was paralyzing the efforts of the Administration
+to defend national rights. That there was great provocation for the act
+cannot be denied. The tone of the press generally was low; but between
+the scurrilous assaults of Cobbett in _Porcupine's Gazette_ upon
+Republican leaders, and the atrocious libels of Bache upon President
+Washington, there is not much to choose.
+
+What the opposition had to fear from the Sedition Act, appeared with
+startling suddenness in October, 1798, when Representative Matthew Lyon,
+of Vermont, an eccentric character who had become the butt of all
+Federalists, was indicted for publishing a letter in which he maintained
+that under President Adams "every consideration of the public welfare
+was swallowed up in a continual grasp for power, in an unbounded thirst
+for ridiculous pomp, foolish adulation, and selfish avarice." The
+unlucky Lyon was found guilty, sentenced to imprisonment for four
+months, and fined one thousand dollars.
+
+Alarmed by this attack on what he termed the freedom of speech and of
+the press, Jefferson cast about for some effective form of protest.
+Collaborating with John Breckenridge, a member of the Kentucky
+Legislature, he prepared a series of resolutions which were adopted by
+that body, while Madison, then a member of the Virginia House of
+Burgesses, secured the adoption of a set of resolutions of similar
+purport which he had drafted. Both sets of resolutions condemned the
+Alien and Sedition Acts as unwarranted by the letter of the Constitution
+and opposed to its spirit. Both reiterated the current theory of the
+Union as a compact to which the States were parties; and both intimated
+that, as in all other cases of compact among parties having no common
+judge, each party had an equal right to judge for itself, as well of
+infractions as of the mode of redress.
+
+The real purport of these Virginia and Kentucky Resolutions has been
+much misunderstood. The emphasis should fall not upon the compact
+theory, for that was commonly accepted at this time; nor yet upon the
+vague remedies suggested by the phrases "nullification" and
+"interposition." With these remedies Jefferson and Madison were not
+greatly concerned. Protest rather than action was uppermost in their
+minds. As Jefferson said to Madison, they proposed to "leave the matter
+in such a train as that we may not be committed absolutely to
+extremities, and yet may be free to push as far as events will render
+prudent." What they desired was such an affirmation of principles as
+should rally their followers and arrest the usurpation of power by their
+opponents. The fundamental position assumed is that the Federal
+Government is one of limited powers and that citizens must look to their
+State Governments as bulwarks of their civil liberties, whenever the
+express terms of the federal compact are violated. The Federal
+Government was not to be allowed to become the judge of its own powers.
+By recalling the party to its original position of opposition to the
+consolidating tendencies of the Federalists, the resolutions of 1798
+served much the same purpose as a modern party platform. In this light,
+their ambiguities are not greater nor their political theories more
+vague than those of later platforms.
+
+In the early months of 1799, petitions for the repeal of the Alien and
+Sedition Acts began to pour in upon Congress from the Middle States; but
+the Federalists felt secure enough in popular favor to ignore these
+protests. With a keener ear for the voice of the people, Jefferson
+summoned his Republican friends to seize the moment to effect an entire
+"revolution of the public mind to its republican soundness." "This
+summer is the season for systematic energies and sacrifices," he wrote
+to Madison. "The engine is the press. Every man must lay his purse and
+pen under contribution." The response was immediate and hearty. Not only
+were political pamphlets printed and distributed from Cape Cod to the
+Blue Ridge, but an astonishing number of newspapers were founded to
+disseminate Republican doctrine. The three or four years before the
+presidential election of 1800 are marked by an unprecedented
+journalistic revival. Instead of being mere purveyors of facts, these
+newspapers became, as a contemporary observes, "Vehicles of discussion,
+in which the principles of government, the interests of nations, the
+spirit and tendency of public measures, and the public and private
+characters of individuals, are all arraigned, tried, and decided." Such
+a systematic attempt to direct public opinion had not been made since
+the early days of the Revolution.
+
+[Map: Vote on the Repeal of the Alien and Sedition Acts House
+of Representatives February 25, 1799]
+
+The Federalists watched this Republican revival with grave misgivings.
+What Jefferson called "the awakening of the spirit of 1776" was to
+Fisher Ames an ominous sign of impending "revolutionary Robespierrism."
+Federalists of the Hamiltonian brand unhesitatingly held the Republicans
+responsible for the Fries Rebellion, which occurred in Pennsylvania. The
+immediate occasion for these disturbances, to be sure, was the federal
+house tax, but the rioting occurred in those eastern counties which were
+ardently Republican; hence the outbreak could be denounced plausibly
+enough as the result of Jacobin teachings. In some alarm the
+Administration dispatched troops to quell the riots, and prosecuted the
+leaders with relentless vigor. Fries was condemned to death, and the
+President's advisers would have carried out the decree of the court, "to
+inspire the malevolent and factious with terror"; but President Adams
+persisted in pardoning Fries, holding wisely that there was grave danger
+in so construing treason as to apply it to "every sudden, ignorant,
+inconsiderable heat, among a part of the people, wrought up by political
+disputes, and personal and party animosities." Such motives were not
+appreciated by the circle of Hamilton's admirers. Why were the renegade
+aliens who were running the incendiary presses not sent out of the
+country, Hamilton asked Pickering. "Are laws of this kind passed merely
+to excite odium and remain a dead letter?"
+
+If the Administration made only a half-hearted effort to arrest and
+deport aliens, it could at least not be accused of letting the Sedition
+Act remain a dead letter. Some unnecessary and thoroughly unwise
+prosecutions in the year 1799 were followed by a series of trials for
+seditious libel in the spring term of the federal courts. All the
+individuals indicted were either editors or printers of Republican
+newspapers. The impression created by these prosecutions was, therefore,
+that the Administration had determined to crush the opposition. What
+deepened this impression was the obvious bias of the federal judges and
+the partisanship of the juries, which it was alleged were packed by the
+prosecution.
+
+With one accord Republican editors lifted up their voices in defense of
+freedom of speech, never losing from view, however, the political
+possibilities of the situation. The more prosecutions the better, wrote
+one editor significantly to a fellow victim: "You know the old
+ecclesiastical observation that the blood of the martyrs was the seed of
+the church." From the Federalist point of view these editors were "lying
+Jacobins," incendiaries, anarchists. "Should Jacobinism gain the
+ascendency," an orator at Deerfield, Massachusetts, warned his auditors,
+in the midst of the elections of 1800, "let every man arm himself, not
+only to defend his property, his wife, and children, but to secure his
+life from the dagger of his Jacobin neighbor." In vain Republicans
+protested that they had a right to form a party to oppose measures which
+they deemed destructive to public liberty. They were not opposing the
+Constitution but the Administration; not government in general, but the
+existing Government, of men who were employing despotic methods.
+
+In the presidential election of 1800 only four of the sixteen States
+provided for a choice of the electors directly by the people. The
+outcome depended upon the action of the legislatures in a comparatively
+few States. New England was so steadfast in the Federalist faith that
+the Republicans gave up all hope of contesting the control of the
+legislatures. After an electioneering tour through Connecticut, Aaron
+Burr is said to have remarked that they might as well attempt to
+revolutionize the Kingdom of Heaven. On the other hand, Jeffersonian
+Republicanism was deeply rooted in Virginia, Kentucky, Tennessee, and
+Georgia. The contestable area lay in the Middle States and in the
+Carolinas.
+
+In the early spring, both parties began to burnish their armor for the
+first encounter in New York. It was generally believed that the May
+elections to the Assembly would determine the vote of the presidential
+electors, and that the vote of the city of New York would settle the
+control of the Assembly. The task of carrying the legislative districts
+of the city for the Republicans fell to Aaron Burr, past-master of the
+art of political management and first of the long line of political
+bosses of the great metropolis. How he concentrated the party vote upon
+a ticket which bore such names as those of George Clinton, Horatio
+Gates, and Henry Rutgers; how he wooed and won voters in the doubtful
+seventh ward among the laboring classes,--these are matters which elude
+the most painstaking researches of the historian. The outcome was a
+Republican Assembly which beyond a peradventure would give the
+electoral vote of the State to the Republican candidates.
+
+In another respect Burr's victory in New York was important. It made him
+the logical and most available candidate for the vice-presidential
+nomination. By general consent Jefferson became for the second time the
+candidate of his party for the Presidency. On May 11, the Republican
+members of Congress met in caucus and unanimously agreed to support Burr
+for the Vice-Presidency. Already wiseacres were figuring out the
+probabilities of a Republican victory.
+
+It was a chastened group of Federalist Congressmen who met in caucus on
+May 3, after the disheartening tidings from New York. Though their
+hearts misgave them, they still supported John Adams. To carry South
+Carolina, they agreed to support Charles C. Pinckney for the
+Vice-Presidency; but rumor had it that many Federalists would be glad to
+see Pinckney outstrip Adams,--a hope which in the course of the summer
+was frankly avowed by Hamilton. In a letter which he had privately
+printed for circulation among the Federalists, Hamilton declared without
+disguise his hostility to Adams. The imprudence of this act was apparent
+when Burr seized upon a copy of the letter and scattered reprints far
+and wide as good campaign material.
+
+[Map: Presidential Election of 1800 Popular Vote by Counties]
+
+The effect of Hamilton's indiscretion was probably slight. Adams carried
+all the electoral votes in the New England States, leading Pinckney by a
+single vote. The Federalists were completely successful also in New
+Jersey and Delaware. Through the tactics of thirteen Federalists in
+the Senate of Pennsylvania, they won seven of the fifteen electoral
+votes of that State. In Maryland they divided the electoral vote evenly
+with their opponents. In North Carolina, they secured four of the twelve
+votes; but in South Carolina they were completely discomfited. Instead
+of carrying his own State for the ticket, Pinckney was outgeneraled by
+the strategy of his cousin Charles Pinckney, who effected an
+irresistible combination of the Piedmont farmers and the artisans of
+Charleston. The loss of South Carolina was irretrievable and decisive.
+The Federalists had to concede the defeat of their ticket.
+
+The exultation of the Republicans was at first unbounded. "The election
+of a Republican President," wrote the editor of the Schenectady
+_Cabinet_ triumphantly, "is a new Declaration of Independence, as
+important in its consequences as that of '76, and of much more difficult
+achievement." But the elation of the Jeffersonians was somewhat tempered
+by the information that Jefferson and Burr had an equal number of votes
+in the electoral college. Adams was defeated, to be sure, but was Thomas
+Jefferson elected? Neither Jefferson nor Burr had "the highest number of
+votes" which the Constitution required for an election. The House of
+Representatives, therefore, must choose between them. But the House was
+Federalist! Coincidently with these tidings came rumors that the
+Federalists would prevent an election by the House until the 4th of
+March passed, when the Presidency and Vice-Presidency would fall vacant,
+necessitating a new election. Scarcely less ominous was the report that
+the Federalists would endeavor to seat Burr in the presidential chair.
+
+When balloting began in the House on February 11, 1801, enough
+Federalists had been involved in an intrigue to defeat Jefferson to give
+the vote of six States to Burr. Jefferson received the vote of eight
+States, but not the majority which was needed to elect, inasmuch as the
+delegations of two States were evenly divided. The result was the same
+on thirty-five successive ballots. On the thirty-sixth, February 17,
+Jefferson received the votes of ten States and Burr of four. The votes
+of Delaware and South Carolina were blank, the Federalists having agreed
+to produce a tie by not voting. A similar abstention from voting on the
+part of Federalists from Vermont and Maryland gave the votes of those
+States to Jefferson.
+
+More than any other man, Bayard, of Delaware, was responsible for the
+election of Jefferson. Finding that Burr would not "commit himself,"
+Bayard announced that he would cast the single vote of his State for
+Jefferson. "You cannot well imagine the clamor and vehement invective to
+which I was subjected for some days," he wrote to Hamilton. "We had
+several caucuses. All acknowledged that nothing but desperate measures
+remained, which several were disposed to adopt, and but few were willing
+openly to disapprove. We broke up each time in confusion and discord,
+and the manner of the last ballot was arranged but a few minutes before
+the ballot was taken." How narrowly the Federalists escaped the folly of
+electing Burr may be inferred from the further statement of Bayard,
+that "the means existed of electing Burr, but this required his
+coöperation. By deceiving one man (a great blockhead), and tempting two
+(not incorruptible), he might have secured a majority of the States."
+
+In after years Jefferson was wont to speak of his election as "the
+Revolution of 1800." To his mind, it was "as real a revolution in the
+principles of our government as that of 1776 was in its form; not
+effected, indeed, by the sword, as that, but by the rational and
+peaceable instrument of reform, the suffrage of the people." In one
+sense, at least, Jefferson was right. Taken collectively, the events of
+1800 do constitute a revolution--the first party revolution in American
+history. For a season it seemed as though the Republican party was to be
+denied the right to exist as a legal opposition, entitled to attain
+power by persuasion. At the risk of incurring the suspicion of
+disloyalty, if not of treason, the Republicans clung tenaciously to
+their rights as a minority. By persistent use of the press, by
+unremitting personal efforts, and by adroit electioneering, the leaders
+succeeded in arousing the apathetic masses and converted their minority
+into an actual majority. They won, therefore, for all time that
+recognition of the right of legal opposition which is the primary
+condition of successful popular government.
+
+The change in political weather was foreshadowed during the summer of
+1800 by the removal of the seat of government to the banks of the
+Potomac. For ten years Philadelphia had been the center of the
+political and the social worlds, which for the only time in American
+history were then identical. Even those who knew the court life of
+Europe marveled at the display of wealth and fashion at this republican
+court. Of this social world, the "President and his Lady" were not
+merely the titular and official leaders, but the real leaders. Between
+the Virginia aristocracy and the wealthy families of Philadelphia there
+were natural affinities. And if the second Federalist President and his
+consort did not become leaders in quite the same sense, it was because
+John and Abigail Adams belonged temperamentally to a more restrained
+society.
+
+Those who had enjoyed the hospitalities of the Morrises, the Binghams,
+and the Willings, and the bodily comforts of Philadelphia hotels and
+inns, were not likely to find any compensations in the unkempt,
+straggling village which the Government and private speculators were
+trying to convert into a fitting abode for the National Government.
+There were few comfortable private dwellings. Most of the houses were
+mere huts occupied by laborers. Great tracts were left unfenced and
+uncultivated, in the firm expectation that an extraordinary rise in land
+value was about to take place. That craze for speculation in land which
+had possessed those with any idle capital afflicted every landowner in
+or near the new city.
+
+When Mrs. Adams finally reached the city, after a difficult journey
+through the forest between Baltimore and Washington, she met with
+anything but a cheering welcome. The President's house was not yet
+finished: the plaster was not even dry on the walls. It was built on a
+grand and superb scale, but the thrifty New England spirit of the
+President's wife was appalled at the prospect of having to employ thirty
+servants to keep the apartments in order and to tend the fires which had
+everywhere to be kept up to drive away the ague. The ordinary
+conveniences were wanting. For lack of a yard, Mrs. Adams made a
+drying-room out of the great unfinished audience room. And the only
+society which she might enjoy was in Georgetown, two miles away. "We
+have, indeed," she wrote, "come into _a new country_." But with true
+pioneer spirit, she added, "It is a beautiful spot, capable of every
+improvement, and, the more I view it, the more I am delighted with it."
+
+The gloom which enveloped the Federalists after the elections of the
+year deepened as they straggled into the new capital in November. They
+approached their labors as men who would save what they could of a
+falling world. For some time there had been an urgent demand for the
+reorganization of the federal judiciary. The justices of the Supreme
+Court objected to circuit duty and urged the erection of a circuit court
+with a permanent bench of judges. Such a reform was inevitable, it was
+said; therefore let the Federalists find what consolation they might
+from the possession of these new judgeships. Patriotism, too, suggested
+the wisdom of filling the judiciary with men who would uphold the
+established order. "In the future administration of our country,"
+President Adams wrote to Jay, "the firmest security we can have against
+the effects of visionary schemes or fluctuating theories will be in a
+solid judiciary."
+
+The Judiciary Act of February 13, 1801, which embodied these aims, added
+five new districts to those which had been established in 1789, and
+grouped the twenty-two districts into six circuits. The amount of
+patronage which thus fell into the President's hands was very
+considerable, though it was grossly exaggerated by Republicans. The
+partisan press pictured President John Adams signing the commissions of
+these new judgeships to the very stroke of twelve on the night of March
+3, and then entering his coach and driving in haste from the city.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     On the organization of parties at the close of the century there
+     are two works of importance: G. D. Luetscher, _Early Political
+     Machinery in the United States_ (1903), and M. Ostrogorski,
+     _Democracy and the Organization of Political Parties_ (2 vols.,
+     1902. Vol. II deals with parties in the United States).
+     Prosecutions under the Sedition Act are reported in F. Wharton,
+     _State Trials of the United States during the Administrations of
+     Washington and Adams_ (2 vols., 1846). F. T. Hill, _Decisive
+     Battles of the Law_ (1907), gives an interesting account of the
+     trial of Callender. Two special studies should be mentioned: E. D.
+     Warfield, _The Kentucky Resolutions of 1798_ (1887), and F. M.
+     Anderson, "Contemporary Opinion of the Virginia and Kentucky
+     Resolutions," in the _American Historical Review_, vol. v. The
+     spirit of American politics at this time can be best appreciated
+     by perusing _Porcupine's Works_, the writings of Callender and Tom
+     Paine, and the letters of Fisher Ames, Alexander Hamilton, Thomas
+     Jefferson, and Timothy Pickering.
+
+
+
+
+CHAPTER VII
+
+JEFFERSONIAN REFORMS
+
+
+The society over whose political destiny Thomas Jefferson was to preside
+for eight years was for the most part still rural and primitive.
+Evidences of a higher culture were wanting outside of communities like
+Philadelphia, Boston, and Charleston. Even in Philadelphia, the literary
+as well as the social and political capital, the poet Moore could find
+only a sacred few whom "'twas bliss to live with, and 'twas pain to
+leave." American life had not yet created an atmosphere in which poetry,
+or even science, could thrive. The scientific curiosity of the younger
+generation does not seem to have been whetted in the least by the
+startling experiments of Franklin; and the figure of Philip Freneau
+stands almost alone, though Connecticut, to be sure, boasted of her
+Dwight, her Trumbull, and her Barlow. The "Connecticut wits" are
+interesting personalities; but the society which could read, with
+anything akin to pleasure, Dwight's _Conquest of Canaan_--an epic in
+eleven books with nearly ten thousand lines--was more admirable for its
+physical endurance than for its poetical intuitions. Latrobe was quite
+right when he wrote that in America the labor of the hand took
+precedence over that of the mind.
+
+The American people were still engaged almost exclusively in agriculture
+and commerce. Manufacturing was in its infancy. In his report on
+manufactures in 1791, Hamilton had named seventeen industries which had
+made notable progress, but most of these were household crafts. In 1790,
+Samuel Slater had duplicated the inventions of Hargreaves and Arkwright,
+and had, with Moses Brown, of Rhode Island, set up a successful cotton
+mill at Pawtucket; but ten years later only four factories were in
+operation in the whole country.
+
+The wars in Europe had created an unprecedented and ever-increasing
+demand for American agricultural products. The price of foodstuffs like
+flour and meal reached a point which made possible enormous profits.
+Shipping became, therefore, the indispensable handmaid of agriculture,
+as Jefferson observed. The volume of trade expanded at an astonishing
+rate. The total value of exports mounted from $20,000,000 in 1790 to
+$94,000,000 in the year of Jefferson's inauguration. One half of this
+amount, however, represented the value of commodities like sugar,
+coffee, and cocoa, which had been brought into the country for
+exportation. The easy and almost certain profits of this trade attracted
+capital which might otherwise have gone into manufacturing.
+
+[Map: Distribution of Population 1800]
+
+Shipping was stimulated also by the Navigation Act of 1789, which
+imposed lower tonnage duties in American ports on vessels built or owned
+by American citizens, and by the Tariff Act of the same year, which
+allowed a ten per cent deduction from the customs duties levied on goods
+imported in American vessels. These discriminating duties, together with
+the law of 1792, which excluded foreign-built ships from American
+registry, would have aided materially in the building of an American
+marine, even in less prosperous times. The registered tonnage engaged in
+foreign trade increased from 346,254 in 1790 to 718,549 in 1801; and in
+coast trade, from 103,775 to 246,255. Yet there was an artificial
+quality in this prosperity. "Temporary benefits were mistaken for
+permanent advantages," writes a contemporary; "so certain were the
+profits on the foreign voyages, that commerce was only pursued as an
+art; ... the philosophy of commerce, if I am allowed the expression, was
+totally neglected ... they [merchants] did not contemplate a period of
+general peace, when each nation will carry its own productions, when
+discriminations will be made in favour of domestic tonnage, when foreign
+commerce will be limited to enumerated articles, and when much
+circumspection will be necessary in all our commercial transactions."
+
+It cannot be said, either, that the American farmer studied the
+philosophy of agriculture. He owed his crops less to intelligent
+cultivation of the soil than to provident Nature in a new and untilled
+country. Both his methods and his implements were bad, and resulted in
+that land spoliation which has been the bane of American industry.
+"Agriculture in the South," said John Taylor, of Caroline, "does not
+consist so much in cultivating land as in killing it"; and the statement
+was scarcely less true when applied to the Northern farmer. The soil was
+rapidly exhausted by planting the same crop year after year, for it was
+easier to take up fresh land than to restore productivity to the old.
+Indeed, the comments of foreign travelers at the close of the century
+suggest doubts as to whether the American farmer understood the
+importance of rotating his crops and of fertilizing his fields. The
+farming implements in use showed little of that mechanical ingenuity
+which is now characteristic of the American people. The plough was still
+a clumsy affair with heavy beam and handles, and wooden mould-board. The
+scythe, the sickle, and the flail were the same as their forbears had
+used for centuries.
+
+The demand of Europe for the food products of the Northern and Middle
+States obscured for a time the importance of cotton as an article of
+export. In 1790, South Carolina and Georgia, then the only
+cotton-growing States, produced less than two million pounds of inferior
+quality, none of which was exported. A decade later thirty-five million
+pounds were raised, one half of which was exported; and Virginia, North
+Carolina, and Tennessee had begun the cultivation. This sudden
+development was due to the invention of the cotton gin by Eli Whitney,
+in 1793. This machine facilitated the separation of the seed from the
+fiber of the short-staple variety of cotton, which alone could be
+profitably cultivated in the uplands, and thus made possible a vast
+extension of the area of cotton culture.
+
+The cotton gin came at an opportune moment for the Southern planters,
+since rice and indigo were declining in importance as exports, and their
+gangs of African slaves were likely to become a burden. They could now
+cultivate cotton under an extensive system of agriculture with large
+immediate profits. Experience proved, however, that the system was
+extraordinarily wasteful, leading to a rapid exhaustion of the soil.
+This ever-recurring exhaustion of the soil and demand for new land was a
+potent cause of the incessant pressure of population into the virgin
+lands of the Southwest, in succeeding decades.
+
+The new President was the embodiment of the national life. Although he
+was tall of stature, he was not outwardly an impressive figure. His red,
+freckled face wore a frank, good-natured expression, but he lacked
+dignity and poise. "His whole figure has a loose, shackling air," wrote
+a contemporary. "A laxity of manner seemed shed about him ... even his
+discourse partook of his personal demeanor. It was loose and rambling."
+With his blue coat and red waistcoat, his green velveteen breeches, yarn
+stockings, and slippers down at the heels, he seemed to an English
+visitor, who saw him in 1804, "very much like a tall, large-boned
+farmer." Jefferson would have been the last to resent this epithet. No
+man had a more profound respect for tillers of the soil. Years before he
+had written: "Generally speaking, the proportion which the aggregate of
+the other classes of citizens bears in any State to that of its
+husbandmen is the proportion of its sound to its healthy parts, and is a
+good enough barometer whereby to measure its degree of corruption." He
+rejoiced in the agricultural possibilities of America. Could he have had
+his way, he would have made the republic, in the apt phrase of Mr. Henry
+Adams, "an enlarged Virginia--a society to be kept pure and free by the
+absence of complicated interests, by the encouragement of agriculture
+and of commerce as its handmaid." He abhorred cities and factories, and
+dreaded the growth of a manufacturing and capitalist class.
+
+An agricultural society bent upon justice, Jefferson believed, could
+always protect itself against the aggressions of foreign nations. "Our
+commerce," he wrote soon after his inauguration, "is so valuable to
+them, that they will be glad to purchase it, when the only price we ask
+is to do us justice. I believe we have in our own hands the means of
+peaceable coercion." In this wise the United States would set an example
+to the world of a society democratically organized and capable of
+unlimited moral and physical progress.
+
+As the head of a party which had effected a revolution in government,
+Jefferson's first care was to reconcile his opponents to Republican
+rule. The inaugural address emphasized the principles upon which all
+republican governments must be based. It is often said that these
+principles might have been uttered by Washington with equal
+propriety--as good Federalist doctrine. This is to mistake the
+significance of the revolution which had occurred. A party had triumphed
+which Federalists firmly believed inimical to all government. The
+announcement that the fundamental principles to which all Americans were
+attached would guide the new Administration had a meaning which it would
+not have had if uttered by a Federalist President. So far did Jefferson
+lean in holding out the olive branch that he ran the risk of minimizing
+the revolution of 1800. To say that "every difference of opinion is not
+a difference of principle. We are all Republicans, we are all
+Federalists," was to contradict his often expressed conviction that his
+party had saved the country from monarchy.
+
+Aside from such generalities as that wise government consists in
+restraining men from injuring one another and leaving them free to
+regulate their own pursuits, the inaugural address contains no
+declaration of purpose or policies. No such reticence marks Jefferson's
+private letters, which are, indeed, the best expression of his political
+philosophy. Nowhere is the governing purpose of his Administration
+stated more clearly than in a letter written just before his
+inauguration. "Let the general government be reduced to foreign concerns
+only, and let our affairs be disentangled from those of all other
+nations, except as to commerce, which the merchants will manage the
+better the more they are left free to manage for themselves, and our
+general government may be reduced to a very simple organization and a
+very unexpensive one,--a few plain duties to be performed by a few
+servants."
+
+The first and most troublesome task of the Administration was to select
+these few servants. Even in naming the heads of departments, the
+President experienced some embarrassment, for, while Madison accepted
+readily the Secretaryship of State and Albert Gallatin that of the
+Treasury, the naval portfolio went begging. Robert Smith, of Maryland,
+was finally persuaded to accept the post. Two New Englanders, Henry
+Dearborn and Levi Lincoln, became Secretary of War and Attorney-General
+respectively. Far more difficult was the distribution of the lesser
+federal offices. Had Jefferson been free to follow his own inclination,
+he would probably have made few removals, even though such a course
+would have seemed somewhat inconsistent with his belief that Federalists
+were monarchists at heart. He yielded slowly and reluctantly to the
+demands of his partisans for their share of the offices; but he
+professed to look forward with joy to that state of things when the only
+questions concerning a candidate shall be, Is he honest? Is he capable?
+Is he faithful to the Constitution?
+
+The embarrassment of the President was all the greater because removals
+from office were likely to defeat his policy of conciliating the
+Federalists; and because the bestowal of offices was likely to alienate
+some local faction, as in New York, where the Clintons and the
+Livingstons were fighting the faction led by Burr. Once started on the
+policy of removal, the descent was easy. The point of equilibrium
+between the parties was soon passed. By the end of Jefferson's second
+term of office, the civil service was as preponderatingly Republican as
+it had been Federalist in 1800. It cannot be denied that Jefferson
+opened the door to the spoils system; but it should be stated also that
+he endeavored to make fitness a qualification for office. The charge
+that offices were given indiscriminately to "wild Irishmen" and French
+refugees, is not sustained by the facts. On the whole Jefferson's
+appointments were not inferior in character to those of his
+predecessors. The vicious aspects of the spoils system did not appear
+for a generation.
+
+As an opposition party the Republicans had always declaimed vociferously
+against the powers wielded by the President. Jefferson sincerely wished
+to avoid what he termed the monarchical tendencies of his predecessors;
+and as an earnest of his intentions he abandoned not only levees but
+also the practice of addressing Congress in a speech, since Republicans
+held this custom a reprehensible imitation of the British speech from
+the throne. Yet with characteristic indirection, Jefferson assigned
+other reasons for substituting a written message for the usual personal
+address. "I have had principal regard," said he, "to the convenience of
+the Legislature, to the economy of their time, to their relief from the
+embarrassment of immediate answers, on subjects not yet fully before
+them, and to the benefits thence resulting to public affairs." It is
+highly probable that Jefferson had his own convenience also in mind, for
+he was not a ready nor an impressive speaker.
+
+The keynote of the reforms which the President suggested tactfully to
+Congress was economy. It was to effect a reduction of the debt, indeed,
+that Jefferson had called Gallatin to the head of the Treasury. Eight
+years later he wrote: "The discharge of the debt is vital to the
+destinies of our government; we shall never see another President and
+Secretary of the Treasury making all other objects subordinate to this."
+By laborious calculation Gallatin reached the conclusion that if
+$7,300,000 were set aside each year, the debt, principal and interest,
+could be discharged within sixteen years. But the party was clamoring
+for the reduction of taxes. The problem before the Secretary of the
+Treasury was how to accomplish these antithetical purposes. The most
+unpopular tax was unquestionably the excise. If this were cut out and
+the estimated appropriation for the reduction of the debt were made, the
+Government would be unable to live within its income. The only
+alternative was to reduce expenditures. It was at this point that
+Jefferson's "chaste reformation" of the government was to begin. Under
+the Federalist régime, in anticipation of war with France, the
+expenditures for the army and navy had mounted to six millions of
+dollars, nearly double the normal expenditure of those departments. All
+good Republicans would welcome a proposal to reverse the militant policy
+of the Federalists, which, indeed, the return of peace seemed to make
+unnecessary. It was agreed that the expenditures for the army and navy
+should be kept below two million dollars.
+
+Notwithstanding Jefferson's wish to avoid everything savoring of
+executive dictation, he could not abdicate his position as leader of his
+party. Throughout his first term, at least, he was the master mind
+directing the policies of the party, in ways which were not less
+effective because they were personal and indirect. The leadership in the
+House of Representatives, which then overshadowed the Senate, fell to
+Southern rather than to Northern Republicans. In close touch with the
+Speaker, Nathaniel Macon, of North Carolina, and with the chairman of
+the Committee of Ways and Means, the eccentric John Randolph, of
+Roanoke, the Administration scored comparatively easy victories over the
+Federalists on matters of financial policy.
+
+The repeal of the Judiciary Act of 1801 was the second task which the
+President laid upon the shoulders of Congress. No act of the outgoing
+Administration had given greater offense. Jefferson expressed a general
+impression when he declared that the Federalists, driven from the
+legislative and executive branches of the Government, had retreated into
+the judiciary as their stronghold. "There the remains of federalism are
+to be preserved and fed from the Treasury; and from that battery all the
+works of republicanism are to be beaten down and destroyed." But no
+suggestion of this animus toward the Federalist judges appeared in the
+studied moderation of the President's message. The President contented
+himself with presenting a record of the causes decided by the courts, in
+order that Congress might "judge of the proportion which the institution
+bears to the business it has to perform."
+
+[Map: Vote on Repeal of the Judiciary Act House of
+Representatives March 2, 1802]
+
+Taking their cue from the President, the Republican leaders in Congress
+urged the repeal of the Judiciary Act on the ground that the new courts
+had not justified their existence. Republican economy required that
+unnecessary, and therefore improper, institutions should be abolished.
+Certain bolder spirits like William Giles, of Virginia, however, frankly
+admitted a fear of the "ultimate censorial and controlling power" of the
+courts over all the departments of the Government--a control "over
+legislation, execution, and decision, and irresponsible to the people."
+In the background of the active mind of this Virginian was hostility to
+the new courts "because of their tendency to produce a gradual
+demolition of State Courts." If this last were the real reason for the
+repeal of the act, consistency should have led the Republicans to revise
+the whole judiciary system from the Supreme Court down. But for such
+radical action few, if any, were prepared. The repealing act passed the
+House by a party vote of fifty-nine to thirty-two, and was signed by the
+President on March 8, 1802.
+
+In the course of the acrimonious debate over the judiciary, Federalists
+had challenged the constitutional right and power of Congress to vacate
+the judgeships, asserting that the plain intent of the Constitution is
+to place the judges beyond the power of Congress by prescribing a tenure
+of office during good behavior. The challenge was disquieting, for with
+John Marshall on the bench of the Supreme Court, the Republican
+reformation of the courts might be brought to naught by an adverse
+decision. A supplementary act was therefore passed which prevented the
+Supreme Court from holding its usual session. It was hoped that when the
+court met in the following year, Federalist partisanship would have lost
+its violence.
+
+Two obnoxious acts of the late Administration--the Alien and the
+Sedition Acts--had expired by limitation. Congress suffered the Alien
+Enemies Act to remain upon the statute book, but insisted upon the
+repeal of the Naturalization Act of the year 1798. The time of residence
+required of aliens before they could acquire citizenship was again fixed
+at five years. With these rather meager performances, the reforms of the
+Republicans came to an end.
+
+Perhaps none of the last appointments of John Adams had so exasperated
+his successor as that of John Marshall as Chief Justice of the Supreme
+Court. Jefferson had an invincible repugnance for Marshall; and the
+feeling was cordially reciprocated. Between these men there were
+temperamental differences as wide as the ocean. Moreover, Jefferson
+entertained the belief that all appointments made by Adams after the
+results of the election were known were nullities, on the theory that a
+retiring President might not bind his successor. Two years later, in
+1803, in the famous case of _Marbury_ v. _Madison_, the Supreme Court,
+speaking through the Chief Justice, took sharp issue with the President.
+William Marbury had applied to the court for a _mandamus_ to compel
+Madison, Secretary of State, to deliver his commission as justice of the
+peace, which, it was alleged, had been duly signed and sealed, but never
+delivered. The Supreme Court held that Marbury was entitled to his
+commission. "To withhold his commission, therefore," said Marshall, "is
+an act deemed by the Court not warranted by law, but violative of a
+legal vested right." Let President Thomas Jefferson take notice of his
+constitutional obligations.
+
+The case of _Marbury_ v. _Madison_, however, has a much deeper
+significance for constitutional history. Having asserted the right of
+Marbury to his commission, the court disappointed expectations by
+refusing to issue the writ of _mandamus_, on the ground that the power
+to issue such writs was not conferred by the Constitution upon the
+Supreme Court as part of its original jurisdiction. And as the Judiciary
+Act of 1789 had conferred this authority, the court was impelled to
+declare this provision of the act unwarranted by the Constitution and
+therefore void. For the first time the Supreme Court asserted its power
+to pronounce an act of Congress repugnant to the Constitution not to be
+law, but void and of no effect. In substantiating its position, the
+court did not inquire into the difficult question whether the framers of
+the Constitution intended or expected the national judiciary to exercise
+this authority. It was enough for the purposes of the court that the
+Constitution was the supreme and paramount law of the land, established
+by the people of the United States. The Constitution defines and limits
+the powers of government it must then control any legislative act
+repugnant to it. "Certainly all those who have framed written
+constitutions contemplate them as forming the fundamental and paramount
+law of the nation, and, consequently, the theory of every such
+government must be, that an act of the legislature, repugnant to the
+constitution, is void."
+
+With equal certitude the court declared that it was the province and
+duty of the judiciary to say what the law is. "Those who apply the rule
+to particular cases, must of necessity expound and interpret that rule.
+If two laws conflict with each other, the courts must decide on the
+operation of each." So if a law stood in opposition to the Constitution,
+the court must decide which of these conflicting rules governs the case.
+"This is of the very essence of judicial duty." Moreover, the judges may
+not shut their eyes to the Constitution and see only the law, for they
+are bound by oath to administer justice not according to the laws alone,
+but "agreeably to the Constitution and the laws of the United States."
+"Thus, the particular phraseology of the Constitution of the United
+States confirms and strengthens the principle, supposed to be essential
+to all written constitutions, that a law repugnant to the Constitution
+is void; and that courts, as well as other departments, are bound by
+that instrument."
+
+On two other occasions the hostility of the Republican Administration
+provoked a trial of strength with the Federalist judiciary. The
+impeachment in 1804 of John Pickering, District Judge in New Hampshire,
+on charges of intoxication and habits unfitting him for his duties,
+amounted to little short of a tragedy. When the trial opened, Judge
+Pickering did not appear, but representations made by his son showed
+beyond a doubt that he was and had been for two years of unsound mind.
+To convict a man of misdemeanors for which he was not morally
+responsible seemed a travesty on justice. Yet there was no other
+constitutional device for removing him. Though Pickering never appeared
+in person, the managers for the House pressed the prosecution; and
+rather than leave the administration of justice to a demented judge, the
+Senate pronounced the unhappy man "guilty as charged," and resolved
+that he should be removed from office.
+
+On the same day that the Senate reached this monstrous decision, March
+12, 1804, the House voted to impeach Justice Samuel Chase, of the
+Supreme Court. While the defiant words of Chief Justice Marshall in the
+Marbury case were still rankling in Jefferson's bosom, Justice Chase had
+gone out of his way to attack the Administration, in addressing a grand
+jury at Baltimore. The repeal of the Judiciary Act, he had declared, had
+shaken the independence of the national judiciary to its foundations.
+"Our republican Constitution," said he, "will sink into a mobocracy--the
+worst of all possible governments." To appreciate the effect of this
+partisan outburst upon the President, one must recall that Chase was the
+judge who had presided at the trials of Fries and of Callender, and who
+had left the bench to electioneer for John Adams in the campaign of
+1800. Jefferson immediately wrote to Nicholson, who was managing
+Pickering's impeachment, raising the question whether "this seditious
+and official attack on the principles of our Constitution" ought to go
+unpunished.
+
+Such was Jefferson's way of initiating the measures of the
+Administration. His supporters in the House were not over-eager to take
+up the gauntlet, but as usual the wishes of the President prevailed. The
+management of the impeachment of Chase fell to John Randolph, who was as
+ill-fitted by temperament for the difficult task as a man could be.
+Instead of impeaching Chase for his indiscretion at Baltimore, Randolph
+dragged into the indictment his conduct on the bench during the trials
+of Fries and of Callender, and certain errors in law which he was
+alleged to have committed. The effect of these latter items was to range
+all the bench on the side of Chase, for if a mere mistake in judgment
+was a proper ground of impeachment, no judge was safe in his tenure.
+Justice Chase secured some of the best legal talent in the country to
+conduct his defense; and the trial assumed from the outset a spectacular
+character from the personalities involved.
+
+The managers of the impeachment were far from consistent in their
+conception of the nature of impeachable offenses. Randolph, Campbell,
+and Giles held that an impeachment was "a kind of inquest into the
+conduct of an officer merely as it regards his office," rather than a
+criminal prosecution. A judge, in short, might be removed for a mistake
+in the administration of the law. Nicholson rejected this theory,
+contending that impeachment was essentially a criminal prosecution which
+aimed at not only the removal but also the punishment of the offender.
+Yet the managers had not specified any offense which could be called a
+"high crime" or "misdemeanor" within the meaning of the Constitution.
+The counsel for Justice Chase, on the other hand, held consistently to
+the position that a judge might not be impeached or removed from office
+for anything short of an indictable offense, an offense indictable under
+the known law of the land.
+
+From the first, the legal counsel for the accused were more than a
+match for the managers. Randolph's erratic course culminated in an
+impassioned but incoherent speech which closed the argument for the
+prosecution and left the outcome hardly in doubt. Not one of the
+articles of impeachment received the two-thirds majority which was
+necessary to convict. The eighth article, which touched upon the real
+provocation for the trial,--the harangue at Baltimore,--received the
+highest vote; but nearly one fourth of the Republican Senators refused
+to sustain the managers. The acquittal of Chase was, therefore, a
+judgment against Randolph. He never recovered his lost prestige as the
+leader of his party in the House. Jefferson could accept Randolph's
+downfall with equanimity, but not the failure of the impeachment. Years
+afterward he wrote, bitterly that impeachment was "an impracticable
+thing, a mere scarecrow." From this time on, said he, the judges held
+office without any sense of responsibility, led "by a crafty chief-judge
+who sophisticates the law to his mind by the turn of his own reasoning."
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     Although the general histories contain much that is important for
+     an understanding of the administrations of Jefferson, the
+     authority _par excellence_ is Henry Adams, _History of the United
+     States of America_ (9 vols., 1889-91). Chapters I-VI of the first
+     volume contain an excellent description of American society about
+     1800; but for the details of social and economic life the reader
+     will turn to McMaster. A briefer account of the Jeffersonian
+     régime may be found in Channing, _The Jeffersonian System,
+     1801-1811_ (in _The American Nation_, vol. 12, 1906). Henry Adams
+     has also contributed two biographies to this period: _Life of
+     Albert Gallatin_ (1878), and _John Randolph_(1882). The Federalist
+     point of view is admirably presented in S. E. Morison, _The Life
+     and Letters of Harrison Gray Otis_ (2 vols., 1913). The larger
+     biographies of Jefferson are: H. S. Randall, _Life of Thomas
+     Jefferson_ (3 vols., 1858), commonly referred to as the standard
+     biography, though exceedingly partisan; G. Tucker, _Life of Thomas
+     Jefferson_ (2 vols., 1837); and James Parton, _Life of Thomas
+     Jefferson_(1874).
+
+
+
+
+CHAPTER VIII
+
+THE PURCHASE OF THE PROVINCE OF LOUISIANA
+
+
+Not a war cloud was in the sky when Jefferson took the oath of office.
+The European calm, to be sure, proved to be only a lull in the tempest
+of war which was to rage fifteen years longer; but no man could have
+cast the horoscope of Europe in that age of storm and stress. The times
+seemed auspicious for the Republican program of retrenchment and
+economy. Jefferson was so sanguine of continued peace that he would have
+been glad to lay up all seven of the frigates which then constituted the
+navy in the eastern branch of the Potomac, where "they would be under
+the immediate eye of the department, and would require but one set of
+plunderers to take care of them." Peace was his passion, he frankly
+avowed. He would have been glad to banish all the paraphernalia of war.
+Yet within three months the United States was at war with an
+insignificant Mediterranean power and menaced by France from an
+unexpected quarter.
+
+Early in the spring of 1801, the Pasha of Tripoli, one of the Barbary
+powers which for years had preyed upon the commerce of the
+Mediterranean, declared war upon the United States by cutting down the
+flagstaff at the residence of the American consul. European states had
+purchased immunity for their commerce by paying tribute to these
+rapacious pirates; and the United States had followed the custom. The
+Pasha of Tripoli, however, was dissatisfied with the American tribute, a
+paltry eighty-three thousand dollars, and demanded more. The other
+Barbary powers threatened to make common cause with him. Anticipating
+trouble, Jefferson had sent a small squadron to the Mediterranean even
+before the dramatic act of the Pasha at the American consulate; and
+hostilities began on August 1 with the capture of a corsair by the
+schooner Enterprise. Therewith Jefferson's dreams of a navy for coast
+defense only vanished in thin air.
+
+Contrary to all expectations, the Tripolitan War dragged on for four
+years, causing the peace-loving Administration no end of embarrassment.
+So far from reducing expenditures, Gallatin was obliged to devise new
+ways and means for an ever-increasing naval force. An additional duty of
+two and one half per cent was laid on all imports which paid an _ad
+valorem_ duty, and the proceeds were kept as a separate treasury
+account. The Administration was sensitive to the charge that it was
+guilty of the very crime which it had accused the Federalists of
+committing--"taxing the industry of our fellow citizens to accumulate
+treasure for war." With superior wisdom and a higher sense of popular
+responsibility, the Republicans, so the argument ran, were establishing
+a "Mediterranean Fund," so that the people might know in detail just
+what was collected and spent for war purposes.
+
+Tales of individual daring go far to relieve the tedious record of
+ineffective blockades and bombardments during the war. Two exploits left
+an imperishable memory in the minds of contemporaries--Lieutenant
+Stephen Decatur's destruction of the captured frigate Philadelphia,
+under the guns of the forts in the harbor of Tripoli; and the tragic
+death of Lieutenant Richard Somers and the crew of the Intrepid, as they
+were about to blow up the Tripolitan gunboats in the harbor. These deeds
+of heroic adventure created the very last thing that Jefferson desired,
+something closely akin to an _esprit de corps_ in the new navy.
+
+It was not so much the onslaughts of Commodore Preble's gunboats,
+however, as an unexpected attack on his eastern frontier which brought
+the Pasha to terms. His exiled brother, Hamet Caramelli, had fallen in
+with an American adventurer by the name of Eaton, who persuaded him to
+join an expedition against their common enemy. With a motley army they
+marched across the desert from Egypt and fell upon the outlying domains
+of the Pasha. That astute monarch then yielded to persuasion. On June 3,
+1805, with many protestations that he was being subjected to humiliating
+terms, he agreed to live on terms of peace with the United States and
+renounce all claim to tribute; but his injured feelings were salved by a
+ransom of sixty thousand dollars for the crew of the Philadelphia. The
+Pasha's brother was rewarded with a pension of two hundred dollars a
+year.
+
+At the same moment that hostilities broke out in the Mediterranean,
+Jefferson heard disquieting news from France. "There is considerable
+reason to apprehend," he wrote to Monroe, on May 26, 1801, "that Spain
+cedes Louisiana and the Floridas to France. It is a policy very unwise
+in both, and very ominous to us." What Jefferson apprehended was,
+indeed, an accomplished fact. On October 1, 1800, the day after Joseph
+Napoleon, in the name of his brother, set his hand to the Treaty of
+Morfontaine, which restored amicable relations between France and the
+United States, General Berthier under instructions from Napoleon signed
+at Ildefonso a treaty which restored Louisiana to France. In effect, as
+Mr. Henry Adams says, the second treaty undid the work of the first.
+
+The retrocession of Louisiana, long desired and sought by the Directory,
+was regarded by Talleyrand as a diplomatic triumph of first magnitude.
+The price, easily paid by one who held Italy under his iron heel, was a
+kingdom in Tuscany for the young Duke of Parma, nephew and son-in-law of
+Charles IV of Spain. The gateway to this vast province was New Orleans,
+and the avenue of approach lay by way of Santo Domingo, once an
+important French colony, but now under the rule of Toussaint
+L'Ouverture. Before Talleyrand's dream of a revived colonial empire in
+the heart of the North American continent could be realized, this
+"gilded African" must be removed and Santo Domingo restored to its
+former position as the center of the French West Indies. The conquest of
+a negro republic surely could not be a difficult undertaking for one who
+had humbled Austria on the battlefields of northern Italy. In November,
+1801, Napoleon dispatched Leclerc with an army of ten thousand men to
+recover Santo Domingo.
+
+Jefferson was thoroughly alarmed at the news of Leclerc's expedition.
+"Every eye in the United States," he wrote, "is now fixed on this affair
+of Louisiana. Perhaps nothing since the Revolutionary War has produced
+more uneasy sensations through the body of the nation." No discerning
+man could mistake the significance of the expedition; the French troops
+would proceed to Louisiana after finishing their work in Santo Domingo.
+The retrocession of Louisiana, in short, as Jefferson said, completely
+reversed all the political relations of the United States. Hitherto,
+from the Republican point of view, France had been our natural friend.
+Henceforth, as the possessor of New Orleans, through which three eighths
+of the produce of the West passed to market, she became a natural and
+habitual enemy. "France placing herself in that door," wrote Jefferson
+to Livingston, "assumes to us the attitude of defiance. The impetuosity
+of her temper, the energy and restlessness of her character, placed in a
+point of eternal friction with us, and our character, ... these
+circumstances render it impossible that France and the United States can
+continue long friends when they meet in so irritable a position.... The
+day that France takes possession of New Orleans fixes the sentence which
+is to restrain her forever within her low-water mark. It seals the union
+of two nations who in conjunction can maintain exclusive possession of
+the ocean. From that moment we must marry ourselves to the British fleet
+and nation."
+
+Even as he expressed his apprehensions to Livingston, then Minister to
+France, Jefferson suggested ways and means for averting the clash of
+conflicting interests. If France was bent on possessing and holding
+Louisiana, might she not make concessions for the sake of retaining the
+friendship of the United States? Livingston was to sound the French
+Government to ascertain whether it would entertain the idea of ceding
+the Island of New Orleans and the Floridas. "We should consider New
+Orleans and the Floridas as equivalent for the risk of a quarrel with
+France produced by her vicinage," he assured Livingston.
+
+What the Western world had to fear from the French occupation of
+Louisiana appeared in November, 1802, when Governor Claiborne, of the
+Mississippi Territory, reported that the right of deposit at New Orleans
+had been withdrawn. The act, to be sure, was that of the Spanish
+intendant, but every one believed that it had been incited by France.
+The people of the Western waters, particularly in Tennessee and
+Kentucky, were outraged and demanded instant war against the aggressor.
+Even in Congress a war party raised its head. During all this popular
+clamor the self-restraint of the Administration was admirable. The
+annual message ignored the existence of the war party and referred to
+the cession of Louisiana in colorless language worthy of Talleyrand.
+
+The Administration was not, however, without a well-considered policy.
+In January, at the instance of party leaders, an appropriation of two
+million dollars was voted by Congress "to defray any expenses in
+relation to the intercourse between the United States and foreign
+nations"; and James Monroe was appointed Minister Extraordinary to
+France and Spain, to aid Livingston and Pinckney in "enlarging and more
+effectually securing our rights and interests in the river Mississippi
+and in the territories eastward thereof."
+
+Meantime, Napoleon's colonial schemes had received a decisive check. The
+transfer of Louisiana had been delayed by the opposition of Godoy, who
+had returned to royal favor in Spain; Leclerc's invading army had been
+worn away by the attrition of incessant war with the negroes; a second
+army had been decimated by yellow fever; and finally Leclerc himself had
+succumbed to the dread destroyer, leaving the remnants of the French
+troops to their fate. Without the most extraordinary exertions, Santo
+Domingo was lost; and what was Louisiana without the island which was
+the very heart of the projected colonial system? The First Consul was
+almost ready to abandon a project which after all had originated in
+Talleyrand's brain rather than in his own. What he sought was a fair
+pretext to cover his retreat from failure.
+
+Livingston plied the French Ministers with arguments to prove that it
+was good policy to put the Americans in possession of the Island of
+Orleans. One day, while he was repeating the old story, Talleyrand
+suddenly asked what he would give for the whole of Louisiana. For the
+moment Livingston was nonplussed, and declined to make any offer.
+Talleyrand repeated his question and Livingston replied that twenty
+millions of francs would be a fair price, if France would pay the
+spoliation claims of American citizens since the Treaty of 1800.
+Talleyrand demurred: the sum was too small. Thereupon Livingston
+promised to advise with Monroe who was expected soon.
+
+Monroe, as it happened, arrived on this very day. On the following day
+Livingston learned casually from Marbois, a minister who stood very
+close to the First Consul, that Napoleon had named a hundred million
+francs and the payment of the American spoliation claims as the price of
+Louisiana. Further conversation elicited the information that Napoleon
+would consider an offer of sixty million francs with claims amounting to
+twenty millions more. For a fortnight the two envoys, at the risk of
+losing everything, sought to secure better terms. But the First Consul
+would not abate his demands. On May 2, 1803, Livingston and Monroe set
+their signatures to a treaty by which Napoleon agreed to sell a province
+of which he was not in possession and which he had contracted never to
+alienate. The price to be paid was the sum last named, amounting in
+American figures to $11,250,000. The amount of outstanding claims which
+the United States agreed to assume was estimated at $3,750,000. After
+signing his name to the treaty, Livingston rose and shook hands with
+Monroe and Marbois. "We have lived long," he said with emotion, "but
+this is the noblest work of our lives."
+
+In less exalted moments, Livingston and Monroe may well have
+experienced some disquietude at what they had done. The instructions
+given to Monroe contemplated no more extensive purchase than New Orleans
+and West Florida, at a sum not exceeding $10,000,000. The envoys had set
+out to purchase a tract of land which controlled the delta of the
+Mississippi they had acquired an empire beyond the Mississippi whose
+limits they did not know, at a price which exceeded their allowance by
+$5,000,000. Besides, it was not at first believed that West Florida was
+included in this purchase. Livingston was keenly disappointed, until on
+narrower examination he found, in the words of the treaty, evidence
+which satisfied him that France--to quote Mr. Henry Adams--"had actually
+bought West Florida without knowing it and had sold it to the United
+States without being paid for it." The words on which he founded his
+theory were those which retroceded Louisiana "with the same extent as it
+now has in the hands of Spain, and that it had when France possessed it,
+and such as it should be according to the treaties subsequently entered
+into between Spain and the other States." Monroe soon adopted
+Livingston's view and pressed it upon the President.
+
+The news of the purchase of Louisiana reached the United States in the
+latter part of June and occasioned much rejoicing among stanch
+Republicans of the Middle and Southern States. The people east of the
+Alleghanies were densely ignorant about this Spanish province, but they
+sensed in a vague way that its possession by a power like France would
+have dragged the United States into the maelstrom of European politics.
+The Federalists of the Eastern States looked askance at this as at every
+act of the Administration of Thomas Jefferson, without knowing anything
+about this vast domain beyond the Mississippi. The President himself was
+not much better informed about Louisiana. In a report to Congress he
+undertook to put together such information as he could cull from books
+of travel and pick up by hearsay. His credulity led him into some
+amazing statements. A thousand miles up the Missouri, he stated soberly,
+there was a salt mountain, one hundred and eighty miles long and
+forty-five miles in width, composed of solid rock salt, without any
+trees or even shrubs on it. He would not have believed the tale but for
+the testimony of travelers who had shown specimens of the salt to the
+people of St. Louis. Federalist newspapers made merry over the
+President's discovery. "Can this be Lot's wife?" asked one editor.
+
+But Jefferson had already taken steps to dispel general ignorance about
+the Far West. Securing from Congress an appropriation for an expedition
+among the Missouri Indians, ostensibly to extend the external commerce
+of the United States, he commissioned his private secretary, Meriwether
+Lewis, and William Clark, brother of George Rogers Clark, to undertake
+one of the most important explorations in American annals. With a body
+of picked men, Lewis and Clark made their way to the upper waters of the
+Missouri, and passed the winter of 1804-05 among the Mandans. In the
+following spring and summer they crossed the Rocky Mountains to the
+waters of the Columbia. Here they spent a second winter, and then began
+their arduous return, by way of the Great Divide, the Yellowstone River,
+and the Missouri, to St. Louis. The journals of the members of this
+expedition are a remarkable record of personal adventures and scientific
+observations. It was not until 1814, however, that the details of this
+expedition were given to the public.
+
+Meantime, Lieutenant Zebulon Montgomery Pike had won immediate fame by
+publishing an account of two thrilling expeditions into the Far West. On
+the first expedition Pike traced the upper course of the Mississippi
+almost to its source; on the second, begun soon after his return to St.
+Louis in 1806, he followed the course of the Arkansas to the peak which
+bears his name. His attempt to explore the headwaters of the Rio Grande,
+which he mistook for the Red River, led to his capture by the Spanish
+authorities. After a roundabout journey through Mexico and Texas, he was
+released on the Louisiana frontier.
+
+Unexpected as the acquisition of Louisiana was to the Administration,
+President Jefferson was quick to appreciate the vast importance of the
+province to the United States. "Giving us the sole dominion of the
+Mississippi," he wrote, "it excludes those bickerings with foreign
+powers, which we know of a certainty would have put us at war with
+France immediately: and it secures to us the course of a peaceable
+nation." At the same time he was equally quick to see that the
+acquisition would give "a handle to the malcontents." To his intimates
+he avowed with the utmost frankness that the Administration had
+exceeded its constitutional powers. The Constitution, he conceived, did
+not contemplate the acquisition of territory not included within the
+limits fixed by the Treaty of 1783. Yet he was firmly convinced of the
+practical necessity of ratifying the treaty of purchase. The only way
+out of the dilemma, he thought, was frankly "to rely on the nation to
+sanction an act done for its great good, without its previous
+authority."
+
+Never doubting that so benevolent a purpose would be cordially approved,
+Jefferson drafted an amendment to the Constitution authorizing the
+acquisition of Louisiana and providing for its government. To his
+surprise, leading Republicans received his proposal with indifference,
+not to say with coolness. Nicholas thought that the power to acquire
+territory by treaty might fairly be inferred from the Constitution, and
+advised the President not to run the risk of turning the Senate against
+the treaty by raising constitutional scruples. In much distress of
+spirit Jefferson replied that to assume by free construction the power
+to acquire territory was to make blank paper of the Constitution. If the
+treaty-making power could be stretched in this fashion, then there was
+no limit to its extent. But finding that his party did not share his
+scruples, Jefferson abandoned his amendment to the Constitution,
+"confiding that the good sense of our country will correct the evil of
+construction when it shall produce ill effects." Hamilton in all the
+pride of triumphant Federalism had never gone further than this.
+
+The debates in Congress over the treaty are full of interest to the
+student of constitutional law. The treaty fairly bristled with
+controversial points. The exigencies of politics played havoc with
+consistency. Parties seemed to have changed sides. Federalists borrowed
+state-rights arguments without a tremor; and Republicans employed the
+language of centralization with Federalist facility. Federalists from
+New England looked beyond the immediate issue and discerned the
+inevitable economic as well as political consequences of westward
+expansion. The men who would have naturally populated the vacant lands
+of Maine, New Hampshire, and Vermont would inevitably seek this "new
+paradise of Louisiana," observed a New England pamphleteer. Jeffersonian
+Democracy rather than Federalism would become the creed of these
+transplanted New Englanders, if Ohio were a fair example of future
+Western Commonwealths. Moreover, as these new States would in all
+probability enter the Union as slaveholding communities, they would
+further impair the influence of the Eastern States in the National
+Government. Even the remnant of the Federalist party in the South
+opposed the purchase of Louisiana, fearing that the Atlantic States
+would be depressed in influence by the formation of great States in the
+West.
+
+Upon one great constitutional principle, both Federalists and
+Republicans were disposed to agree: that the United States had the power
+to acquire foreign territory, either by treaty or conquest. Senator
+Tracy, of Connecticut, conceded this point, but denied that the
+inhabitants of an acquired territory could be admitted into the Union
+and be made citizens by treaty. In providing that "the inhabitants of
+the ceded territory shall be incorporated in the Union," the
+Administration had exceeded its constitutional authority. The consent of
+all the States was necessary to admit into the Union. Senator Pickering,
+of Massachusetts, held the same view. "I believe the assent of each
+individual State to be necessary," said he, "for the admission of a
+foreign country as an associate in the Union, in like manner as in a
+commercial house the consent of each member would be necessary to admit
+a new partner into the company." To this line of argument, Taylor, of
+Virginia, replied that the words of the treaty did not contemplate the
+erection of the ceded territory as a State, but its incorporation as a
+Territory.
+
+On October 17, 1803, the Senate ratified the treaty by a vote
+of twenty-four to seven. Two constitutional principles seemed,
+therefore, to be decided: the Government had a constitutional
+right to acquire foreign territory; and the treaty-making power could
+incorporate--whatever that expression might mean--such territory into
+the Union. A third matter of policy had yet to be determined: what
+powers had Congress over the new territory? Two courses lay open, either
+to make Louisiana a part of the "territory" which the Constitution gives
+Congress power to "dispose of," or to hold the province as a dependency
+apart from other organized Territories. The provisional act which
+Congress adopted pointed in this latter direction, since it authorized
+the President to take possession of the province and concentrated all
+powers, civil and military, in the hands of agents to be appointed by
+him. When objection was made that such despotic authority was
+incompatible with the Constitution, Rodney, of Maryland, declared in the
+House of Representatives that Congress had a power in the Territories
+which it could not exercise in the States, and that the limitations of
+power found in the Constitution were applicable to States and not to
+Territories. The Republicans were making rapid progress in learning the
+vocabulary of Federalism.
+
+It is one of the ironies of history that the province over which parties
+battled with so much display of legal profundity was not yet in the
+possession of the First Consul. Six months after the ratification of the
+treaty, in the old Cabildo at New Orleans, Laussat received from the
+Spanish governor the keys of the city and took possession of the
+province in the name of his master. For twenty days the Tricolor floated
+over the Place d'Armes, emblem of the shadowy French tenure. On December
+2, it, in turn, gave place to the Stars and Stripes, as Louisiana passed
+into the hands of the last of its rulers, the puissant young republic.
+
+In the following year Congress divided the province, giving to the
+southern part, the Territory of Orleans, which contained most of the
+inhabitants, a separate territorial government, and annexing the
+sparsely settled upper part to the Indiana Territory. The Act of 1804
+was roundly abused because it gave to the President the appointment of
+all officers in the Territory of Orleans, even the appointment of the
+legislative council of thirteen. By the treaty, it was pointed out, the
+inhabitants of Louisiana were guaranteed all "the rights, advantages,
+and immunities of citizens of the United States." Was not representative
+government one of these privileges? The obvious answer was the
+unpreparedness of the Spanish inhabitants for Anglo-American
+institutions. To the Western American who floated down the Mississippi,
+past the cotton-fields and sugar plantations cultivated by African
+negroes, and who landed his cargo on the levee at New Orleans, among the
+motley throngs, province and city seemed like a foreign country, and the
+inhabitants aliens in speech and habits. From the buildings, with their
+many arcades and balconies and varied coloring, to the courts of law
+where the Code Napoléon, introduced by Laussat, added confusion to the
+Spanish law, the atmosphere of New Orleans was that of a city of the Old
+World, where one civilization was superimposed upon an older. Men bred
+in the traditions of the English law might reasonably doubt whether the
+people of Louisiana were ready for self-government.
+
+Before the new territorial government could be organized, a remonstrance
+had been drawn up by the people of Louisiana and forwarded by three
+commissioners with all possible dispatch to Washington. In the following
+year (1805), Congress so far yielded to the complaints of the people of
+Louisiana as to authorize an elective assembly and to hold out the
+promise of eventual statehood.
+
+But what were the bounds of Louisiana? No one knew with certitude. The
+letters of Livingston and Monroe had convinced Jefferson that Louisiana
+included at least West Florida, and for two years he sought by every
+diplomatic device to wrest from Spain a confirmation of this shadowy
+title. That Spain did not intend to cede West Florida and that France
+had no expectation of receiving it seems clear enough from the
+instructions to Laussat. What he handed over to the American
+representative was Louisiana, with the Rio Bravo and the Iberville as
+boundaries. With some show of right, Jefferson might have occupied
+Texas; he preferred, however, to chase his phantom claim to Florida. For
+Texas nobody then cared, but the Floridas were coveted by Southern
+planters.
+
+In a letter written soon after the signing of the Louisiana Treaty,
+Robert Livingston relates a suggestive conversation which he had with
+Talleyrand. "What are the eastern bounds of Louisiana?" asked Livingston
+rather naively. "I do not know," replied Talleyrand; "you must take it
+as we received it." "But what did you mean to take?" Livingston
+insisted. "I do not know," was the reply. "Then you mean that we shall
+construe it our own way?" "I can give you no direction," replied the
+astute Frenchman. "You have made a noble bargain for yourselves, and I
+suppose you will make the most of it."
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     The history of the Barbary Wars is well told by G. W. Allen, _Our
+     Navy and the Barbary Corsairs_(1905), and by C. O. Paullin,
+     _Commodore John Rodgers_(1910). The investigations of Henry Adams
+     in foreign archives enabled him to treat the diplomatic history of
+     the purchase of Louisiana with great fullness. F. A. Ogg, _The
+     Opening of the Mississippi_(1904), and J. K. Hosmer, _The
+     Louisiana Purchase_ (1902), contain brief accounts of the
+     acquisition of the province. The actual route of the Lewis and
+     Clark expedition may be traced with the aid of O. D. Wheeler, _The
+     Trail of Lewis and Clark_, 1804-1904 (1904). The constitutional
+     aspects of the Louisiana Treaty and the subsequent legislation for
+     the territory are discussed at length by Adams, and less
+     satisfactorily by Schouler and Von Holst. Channing, _The
+     Jeffersonian System, 1801-1811_ (1906), contains a good account of
+     the whole episode. The problem of the original boundaries is
+     discussed by F. E. Chadwick, _The Relations of the United States
+     and Spain_(1909).
+
+
+
+
+CHAPTER IX
+
+FACTION AND CONSPIRACY
+
+
+Down to the end of the eighteenth century, the people of New England
+possessed a greater degree of social solidarity than any other section
+of the Union. Descended from English stock, imbued with common religious
+and political traditions, and bound together by the ties of a common
+ecclesiastical polity, they cherished, as Jefferson expressed it, "a
+sort of family pride" which existed nowhere else between people of
+different States. In New England, there were elements of political and
+religious dissent, to be sure, but the domination of the Congregational
+clergy and the magistracy was hardly less complete in the year 1800 than
+fifty years earlier. New England was governed by "the wise, the good,
+and the rich." All the forces of education, property, religion, and
+respectability were united in the maintenance of the established order
+against the assaults of democracy. New England Federalism was not so
+much a body of political doctrines as a state of mind. Abhorrence of the
+forces liberated by the French Revolution was perhaps the dominating
+emotion. Democracy seemed an aberration of the human mind, which was
+bound everywhere to produce the same results in society. Jacobinism was
+the inevitable outcome. "The principles of democracy are everywhere what
+they have been in France," wrote Ames. "Democracy is a troubled spirit,
+fated never to rest, and whose dreams, if it sleeps, present only
+visions of hell."
+
+In 1801, New England was in bitter, irreconcilable opposition to the
+National Administration. The situation was fraught with grave
+possibilities. Jefferson himself looked forward to "an uneasy
+government," if the whole body of New England continued in opposition to
+Republican principles. Ordinary political opposition was to be expected,
+of course; but a sectional opposition, fortified by a social solidarity
+like that of New England, was a menace to the Union. From the moment
+when he took the oath of office, Jefferson directed his best energies to
+the Republican conquest of New England. It was a policy dictated not
+only by partisan considerations, but also by the highest instincts of
+statesmanship. The fair-minded historian is bound to record that the
+Jeffersonian party in this period of its history was, in spite of all
+its inconsistencies, a potent agency in the maintenance of the Union.
+
+The first conquest of the Republicans was that of Rhode Island in the
+first year of the new Administration. The President was deeply gratified
+by what he called "the regeneration of Rhode Island," interpreting the
+event as "the beginning of that resurrection of the genuine spirit of
+New England." Vermont, he prophesied, would next emerge from under the
+yoke of the Federalist hierarchy; and the fall election verified his
+prediction. Elsewhere the contest was more stubborn and prolonged, but
+the Federalists noted with alarm that the Republican vote was
+increasing everywhere. By the end of Jefferson's first term, the number
+of Republican voters in New England very nearly equaled that of their
+opponents.
+
+The ranks of the Republican party were recruited largely from the rural
+districts, where hostility to the mercantile and moneyed classes was
+most bitter. It was the old alignment of the men of little or no
+personal property against the prosperous and well-to-do classes. From
+this point of view the Republican movement was an attack upon the
+privileged orders, an attempt to break down the social hierarchy of New
+England. Closely connected with the political movement was also the
+struggle of the Baptists and the Methodists to secure religious freedom
+in Massachusetts and Connecticut. The dissenters looked to Jefferson as
+their natural leader; and the bitter opposition of the Congregational
+clergy to the spread of democracy was due to their persistent, and no
+doubt sincere, belief that dissent and democracy were manifestations of
+the same radical and destructive spirit.
+
+The rising tide of Republicanism and the increasing popularity of the
+Administration cast the Federalist leaders into the deepest gloom. The
+annexation of Louisiana was regarded as a mortal blow, since it
+imperiled the ascendency of New England in the Union, and New England
+was the stronghold of Federalism. At the beginning of the year 1804,
+most of the Federalist members of Congress from New England were agreed
+in thinking that a crisis was approaching. Democracy was about to
+triumph over the forces of law and order. The only question was how to
+save their section, where the ravages of Jacobinism could yet be stayed.
+There was but one answer, from the point of view of Senator Timothy
+Pickering. The people of the Eastern States could not reconcile their
+habits, views, and interests with those of the South and West:
+therefore, let them withdraw from the Union and form a Northern
+Confederation. Plumer, of New Hampshire, and Tracy and Griswold, of
+Connecticut, were in hearty agreement with this view. Pickering then put
+his project before the members of the coterie of Federalists in
+Massachusetts, which was generally known as the "Essex Junto." As the
+confederacy shaped itself in Pickering's imagination, it would of
+necessity include New York, which would act as a barrier to the
+insidious inroads of Southern Jacobinism; but Massachusetts should
+initiate the movement.
+
+Replying for his intimates in the Essex Junto, George Cabot put aside
+the project, not as in any wise morally reprehensible,--on the contrary,
+he thought separation desirable,--but as impracticable. The people of
+New England were not aware of their danger and therefore not prepared
+for so radical a movement. The only chance for a successful revolution,
+Cabot thought, would be "a war with Great Britain manifestly provoked by
+our rulers." Pickering and Griswold then turned to New York for support
+and to Aaron Burr.
+
+The Vice-President was at this time without political influence in the
+Administration, and without credit, either morally or politically. In
+New York, the Livingstons and the Clintons, whom he had mortally
+offended, were determined to drive him from the party. At first, Burr
+was inclined to give way: he even applied to the President for an
+executive appointment; but this resource failing, he determined to fight
+his enemies to the bitter end. In February, 1804, he was nominated for
+governor by a group of his friends in the legislature, in opposition to
+the Clinton faction. It was well known that many Federalists would
+support his candidacy. At this crucial moment, Pickering and Griswold
+sought out Burr as an ally. As Governor of New York, they intimated, he
+would be in a strategic position and could take the lead in the
+secession of the Northern States. His leadership in the movement, in
+short, was to be the price of Federalist support at the polls. But the
+shifty Burr would not commit himself further than to promise an
+administration satisfactory to the Federalists. The conspirators had to
+rest content with this vague assurance and to count on Burr's ambition,
+and his desire to be revenged upon his enemies, to bind him to their
+cause.
+
+Meantime, Alexander Hamilton was straining every nerve to prevent the
+Federalists from indorsing the man who stood in the way of his own
+ambition and whom he believed to be a dangerous and unprincipled
+character. Some vestige of prudence kept the party from committing
+itself openly to Burr, but its vote was cast for him. Burr carried his
+old stronghold, New York City, but he was beaten elsewhere in the State.
+The hopes of the Federalists were shattered; the conspirators were
+confounded; and the bubble of a Northern Confederacy vanished.
+
+The immediate consequences of this political episode were personal.
+Hamilton had again thwarted the ambitions and incurred the deadly enmity
+of an embittered political desperado. A challenge followed and was
+accepted. On a summer morning, July 11, 1804, at Weehawken across the
+Hudson, the rivals faced each other for the last time. Hamilton threw
+away his fire: Burr aimed with murderous intent, and Hamilton fell
+mortally wounded. From this moment Burr was a marked man and an outcast
+from respectable society in the East. The newer society of the West,
+less sensitive in such matters, thought none the less of a man who had
+shot his foe in a fair fight. Thither Burr betook himself when his term
+of office expired.
+
+As the presidential election approached, the Republicans determined to
+prevent any recurrence of the accident which had so nearly seated Burr
+in the President's chair. This resolve took the form of a constitutional
+amendment which provided that presidential electors should designate on
+distinct ballots the persons voted for as President and Vice-President.
+To change the Constitution in this wise was a delicate matter. No part
+of the work of the Federal Convention had been more difficult than to
+reconcile the small-State party to the mode provided for the election of
+a President. The final settlement had been accepted only in the
+expectation that in most cases the electoral college would fail to
+elect, and that a choice would then be made by the House of
+Representatives, where the small States would have an equal voice with
+the large States. To remove the chances of an election by the House was
+to upset the original compromise and to increase the importance of the
+large States in the initial election.
+
+Another consequence would follow the proposed change. The office of
+Vice-President would be degraded. Roger Griswold clearly foresaw this
+eventuality. "The office will generally be carried into the market,"
+said he, "to be exchanged for the votes of some large States for
+President; and the only criterion which will be regarded as a
+qualification for the office of Vice-President will be the temporary
+influence of the candidate over the electors of his State."
+Notwithstanding these and many less obvious objections, the amendment
+was adopted by a party vote in Congress and promptly ratified by
+thirteen out of the sixteen States before the fall elections.
+
+The campaign of 1804 was uneventful. The congressional caucus of the
+Republican party dropped Burr as a candidate and nominated George
+Clinton, of New York. Jefferson was the unanimous choice of his party.
+The depressed Federalists supported Charles Cotesworth Pinckney, of
+South Carolina, and Rufus King, of New York, as their candidates.
+Jefferson was triumphantly reëlected with the loss of only two States,
+Connecticut and Delaware, and of two electoral votes in Maryland. Well
+might he exult at the discomfiture of his enemies. "The two parties," he
+wrote to Volney, "are almost melted into one."
+
+[Map: The Yazoo-Georgia Land Controversy]
+
+Below the calm surface of Republican politics, however, dangerous
+counter-currents swirled. For a time the controversy over the Yazoo land
+claims seemed likely to be a reef on which Republican unity would be
+shattered. Both the United States and Georgia laid claim to the great
+Western tract which is now occupied by the States of Mississippi and
+Alabama. But Georgia with a stronger _prima facie_ case evinced little
+regard for the claims of the Federal Government. In 1795, while a mania
+for land speculation was sweeping over the country, the legislature
+yielded to corrupt influences and sold some thirty-five million acres in
+the disputed territory for the sum of $500,000 to four land companies.
+In the following year, the people of Georgia rose in their wrath, turned
+out the corrupt legislators, and forced the passage of a rescinding act.
+Meantime, sales had been made by the Yazoo speculators to guileless
+purchasers, who now appealed to Congress for relief. In 1798, Congress
+enacted a law providing for commissioners who should confer with Georgia
+regarding these conflicting claims. At the same time the Territory of
+Mississippi was organized.
+
+Such was the status of the Yazoo land claims when Jefferson became
+President. It fell to him to appoint the federal commissioners. They
+wrestled manfully with the perplexing details of the controversy, and in
+1802 reported what they believed to be a fair settlement of the claims
+of all parties. Georgia was to cede her Western lands to the United
+States in return for a payment of $1,250,000 and an agreement on the
+part of the Federal Government to extinguish all Indian titles within
+her limits as soon as might be. In the course of time this Western
+territory was to be admitted as a State. Five million acres were to be
+set aside to satisfy the claims of those who had suffered loss by the
+rescinding act of Georgia.
+
+The morbid imagination of John Randolph could see nothing but jobbery in
+this proposal to satisfy claims which had been fraudulently obtained
+from the Legislature of Georgia. There can be little doubt that
+Randolph's hatred for Madison, who was a member of the federal
+commission, influenced his subsequent action. On two occasions, in 1804
+and again in 1805, he assailed the proposed compromise, and twice he
+secured a postponement, though he could not defeat the bill which
+embodied the conclusions of the commission. From this time on Randolph
+was never more than an uncertain ally of the Administration. The few
+politicians who still followed his lead were styled rather
+contemptuously "Quids." Even Republicans with slender classical training
+grasped the significance of a _tertium quid_. Yet Randolph was still a
+power in the House.
+
+The Yazoo affair dragged on for years. In 1810, a decision of the
+Supreme Court gave aid and comfort to the opposition. In the case of
+_Fletcher_ v. _Peck_, the court held that the original Act of 1795,
+conveying the Yazoo grants, was a contract within the meaning of the
+Constitution which might not be impaired by subsequent legislation. It
+was not until 1814 that Congress voted $8,000,000 to the claimants under
+this act and so settled one of the most obstinate controversies in the
+history of Congress.
+
+In the fall of 1805, Jefferson seemed about to realize what had been the
+object of his diplomatic endeavors ever since the acquisition of
+Louisiana. Intimations came from Talleyrand that the Floridas might be
+obtained by purchase if the United States would prevail upon Spain to
+refer the whole dispute to Napoleon. On December 3, 1805, he sent a
+message to Congress which seemed to break completely with all
+Jeffersonian precedents. It recounted the failure of negotiations with
+Spain, and spoke sternly of the depredations committed in the new
+Territories by Spanish officers and soldiers. The Administration had
+found it necessary to order the troops on the frontier to be in
+readiness to repel future aggressions. Some of the injuries committed
+admitted of a peaceable remedy. Some of them were "of a nature to be met
+by force only, and all of them may lead to it." Coupled with these
+admonitions were suggestions for the fortification of seaports, the
+building of war-vessels, and the organization of the militia.
+
+Coming from the pen of one who had written that peace was his passion
+and who had hitherto avoided war with Quaker-like submission, this
+message caused bewilderment on all sides. The West, however, took the
+President literally and looked forward with enthusiasm to a war which
+was bound to end in the overthrow of Spanish dominion in the Southwest.
+Three days later a secret message was delivered to the House of
+Representatives announcing that Spain was disposed to effect a
+settlement "so comprehensive as to remove as far as possible the grounds
+of future collision and controversy on the eastern as well as the
+western side of the Mississippi." Only a show of force was needed "to
+advance the object of peace."
+
+Randolph for one was thoroughly disgusted by "this double set of
+opinions and principles"; and his ill-temper gave vent to biting
+invective when he learned, that as chairman of the Committee of Ways and
+Means he was expected to propose an appropriation of $2,000,000 for the
+purchase of Florida. He refused flatly to assume the responsibility "of
+delivering the public purse to the first cut-throat that demanded it,"
+for Madison had said in private conversation that the money was destined
+for Napoleon. The opposition of Randolph caused weeks of delay. It was
+not until March 13 that Madison could authorize Armstrong, minister to
+France, to offer $5,000,000 for Florida and Texas. It was then too
+late. Either Armstrong had been misled or Napoleon had changed his mind:
+in either case, the favorable moment had passed. The purchase of Florida
+was indefinitely deferred.
+
+During these months, when relations with Spain were strained to the
+breaking point, Aaron Burr was weaving the strands of one of the most
+intricate and baffling intrigues in American history. Shortly after
+relinquishing the office of Vice-President, Burr undertook an extensive
+tour through the West. In the course of his voyage down the Ohio he
+landed on Blennerhassett's Island, which an eccentric Irish gentleman of
+that name had transformed into an estate. At Cincinnati he was the guest
+of Senator John Smith; and there he met also Jonathan Dayton, who had
+just finished his term as Senator from New Jersey. Both of these
+individuals played an uncertain part in Burr's plans. At Nashville he
+visited General Andrew Jackson; at Fort Massac he spent four days in
+close conference with General James Wilkinson, who was in command of the
+Western army--one of the most precious rascals in the annals of the
+country; and at New Orleans he put himself in touch with the Mexican
+Association, which had been formed by ardent individuals who looked
+forward to war with Spain and the liberation of Mexico.
+
+To men like Andrew Jackson and Daniel Clark, of New Orleans, whose
+loyalty is beyond question, Burr announced his purpose to devote his
+life to the overthrow of the Spanish power in America. It was a mission
+which commended itself to the Spanish-hating people of the Mississippi
+Valley. Western newspapers announced that he meditated some
+extraordinary enterprise; and one editor hinted that he was plotting a
+revolution which would end in the formation of a separate government for
+the region bordering on the Ohio and the Mississippi.
+
+Returning to the East, Burr left no stone unturned in his efforts to
+find funds to finance this mysterious enterprise. He was in conference
+with Merry, the British minister, and with Yrujo, the Spanish minister;
+and each received a different impression as to the scope of his plans.
+At one time Burr talked madly of seizing the government at Washington.
+The kaleidoscopic changes of his plans baffle consistent explanation.
+One thing only is clear: he needed funds. These he obtained in part from
+his son-in-law, Joseph Alston, a wealthy planter in South Carolina, and
+in part from the credulous Blennerhassett, who was persuaded to purchase
+a million acres on the Washita River in northern Louisiana. Thither the
+expedition which started out from Blennerhassett's Island was ostensibly
+directed. How far Burr's plans went beyond the occupation of this tract
+is a matter of conjecture. One of Blennerhassett's servants may
+inadvertently have told the truth when he said that they were "going to
+take Mexico, one of the finest and richest places in the whole world."
+
+If Burr seriously contemplated a filibustering expedition against
+Mexico, he was favored by circumstances. Spanish troops had taken up a
+position east of the Sabine River, on what was American soil; and only
+an overt act was needed to precipitate war. Every frontiersman was
+preparing for a tussle with the hated Spaniard. In the event of war Burr
+knew well enough that an expedition against Mexico would be countenanced
+by the government at Washington. Whether or no war with Spain would
+occur depended upon the coöperation of General Wilkinson, for he had
+been charged by the Secretary of War to take command of the troops at
+New Orleans with as little delay as possible and "to repel any invasion
+of the territory of the United States east of the river Sabine, or north
+and west of the bounds of what has been called West Florida."
+
+The delay of Wilkinson in following these orders of May 6, 1806, has
+been explained on the supposition that he was awaiting the development
+of Burr's plans. Be that as it may, his hesitation was fatal to the
+conspirators. On September 27, the Spanish troops retired beyond the
+Sabine, thus removing an excellent pretext for war. From this time on
+Wilkinson's hand is against Burr. His conduct is enveloped in an
+atmosphere of intrigue. At one moment he is sending alarmist dispatches
+to the President, warning him against a mysterious expedition which was
+being prepared--by what authority he professed not to know--against the
+Spanish province of Mexico; at the next moment he is intriguing with the
+Spanish authorities, warning them against Burr and assuring them of his
+protection. This valuable information Wilkinson thought was worth about
+$111,000; but his aid-de-camp seems to have returned empty-handed from
+the City of Mexico. His further exploits in New Orleans, which he kept
+in a state of perpetual alarm and finally put under martial law, read
+like a chapter from a melodrama.
+
+It was not until October, 1806, that President Jefferson expressed any
+serious concern about Burr's intrigues. Even then he concluded to send
+only a confidential agent to watch the conspirator and to arrest him if
+necessary. In November, dispatches from Wilkinson convinced the
+President of the need of more summary action. On November 27, he issued
+a proclamation, stating that sundry persons were confederating and
+conspiring together to begin a military expedition or enterprise against
+the dominions of Spain. Honest and well-meaning citizens were being
+seduced under various pretenses to engage in the criminal enterprises of
+these men. All faithful citizens and the civil and military authorities
+were therefore enjoined to be vigilant in preventing the expedition and
+in bringing the conspirators to punishment.
+
+The President's proclamation wrought a transformation in the temper of
+the West. People reasoned that the danger must be greater than any one
+had suspected. The newspapers began to print wild stories. The
+Legislature of Ohio authorized the governor to take proper measures to
+prevent acts hostile to the United States. The governor promptly seized
+the bateaux which were being constructed at Marietta and called out the
+militia to overpower Blennerhassett and his followers. On the Virginia
+side of the river, the militia were in readiness for a descent upon the
+island. On the night of December 10, Blennerhassett and a handful of men
+left the island in such boats as they could find. Wild rumors followed
+the expedition as it floated peacefully down the Ohio. The _Western Spy_
+told its readers that Blennerhassett had passed Cincinnati in keel boats
+loaded with military stores; that more were to follow; and that twenty
+thousand men had been enlisted in an expedition against Mexico.
+
+Meantime, Burr had met with embarrassing delays. The promised recruits
+had not come in, since war had not been declared. Only two of the five
+boats which Jackson had agreed to build were ready. Nevertheless, Burr
+left Nashville on December 23, as he had planned, and on the next day
+joined Blennerhassett at the mouth of the Cumberland. The combined
+strength of this flotilla which was causing such public consternation
+was nine bateaux, carrying less than sixty men.
+
+The voyage of the expedition down the Ohio and the Mississippi was
+without incident until January 10, when the expedition put into Bayou
+Pierre, in the Mississippi Territory. There Burr was put under arrest
+and brought before a grand jury. Luck again favored him. As in Kentucky,
+so here the jurors failed to find any ground for indictment.
+Nevertheless, the judge bound Burr over to appear from day to day.
+Holding this proceeding unauthorized by law, Burr forfeited his bond and
+made his escape; but near Fort Stoddert, he was again apprehended. On
+March 5, 1807, he was sent with a guard of six men from Fort Stoddert to
+Richmond, Virginia.
+
+The commitment, indictment, and trial of Aaron Burr form a fittingly
+inconclusive sequel to a strange tale of intrigue and misadventure. Not
+merely the fate of the accused man, but the personalities involved, gave
+a spectacular character to the legal proceedings at Richmond. Arrayed as
+counsel on the side of Burr were three notable attorneys from Virginia,
+and Luther Martin of Maryland. The foreman of the grand jury was John
+Randolph. The chief witness for the prosecution was General Wilkinson.
+The presiding judge was Chief Justice John Marshall, within whose
+circuit Blennerhassett's Island lay. And behind the prosecution,
+straining every nerve to secure the conviction of the conspirators, was
+President Thomas Jefferson.
+
+From first to last the Chief Justice made the task of the prosecution
+exceedingly difficult by a rigorous definition of treason. Treason
+involved an overt act, he insisted; the actual levying of war by an
+assembling of armed men. To convict of treason, the testimony of two
+witnesses was required by the Constitution. Now, Burr was hundreds of
+miles away from Blennerhassett's Island when the alleged overt act of
+treason was committed. The court would not admit any testimony relative
+to the conduct and declarations of Burr elsewhere and subsequent to the
+transactions on Blennerhassett's Island. Such testimony was in its
+nature merely corroborative, the Chief Justice ruled, and inadequate to
+prove the overt act in itself, and therefore irrelevant until the overt
+act was proved by the testimony of two witnesses. On September 1, the
+prosecution abandoned the case, and the jury returned a verdict of not
+guilty. The Government now sought to secure the conviction of Burr on
+the charge of misdemeanor; but less than a week was needed to reveal the
+weakness of the testimony put forward by the prosecution. On September
+15, Burr was again acquitted.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     The New England conspiracy, the Yazoo controversy, and the
+     intrigues of Burr, are admirably recounted by Henry Adams. His
+     account may be corrected at various points, however, by consulting
+     W. F. McCaleb, _The Aaron Burr Conspiracy_ (1903). A brief account
+     of the intrigues and plots of this time may be found in Channing,
+     _The Jeffersonian System, 1801-1811_ (1906). The intrigues of the
+     Federalists in New England have been described recently with new
+     information by S. E. Morison, _Life and Letters of Harrison Gray
+     Otis_ (2 vols., 1913). Other biographies of importance are H. C.
+     Lodge, _Life and Letters of George Cabot_ (1877); James Parton,
+     _Life and Times of Aaron Burr_ (1858); J. S. Bassett, _Life of
+     Andrew Jackson_ (2 vols., 1911). The trial of Burr is described in
+     popular fashion by F. T. Hill, _Decisive Battles of the Law_
+     (1907). The origin and subsequent history of the Yazoo affair may
+     be traced in C. H. Haskins, "The Yazoo Land Companies" (in the
+     _American Historical Association Papers_, 1891).
+
+
+
+
+CHAPTER X
+
+PEACEABLE COERCION
+
+
+The so-called Peace of Amiens in 1801 proved to be only an interlude in
+the wars of France with Europe. Within two years hostilities were
+renewed which closed only with the battle of Waterloo. In the course of
+this prolonged conflict Napoleon won and lost for France the ascendency
+in central and western Europe, but Great Britain remained throughout
+mistress of the seas. The commerce of France and of Holland and Spain,
+which had become virtually her dependencies, was almost driven from the
+seas. For their foodstuffs and colonial supplies, more than ever in
+demand as war devastated the fields of Europe, these nations had to look
+to vessels flying neutral flags. The export trade of the United States,
+which had fallen from $94,000,000 in the year 1801 to $55,800,000 in
+1803, rapidly recovered until in 1805 it passed the high-water mark of
+the earlier year. More than half of this trade was in products of the
+tropics, for while the direct trade between the West India colonies and
+Europe was forbidden by the so-called "Rule of 1756," American shippers
+carried on a lucrative traffic which was virtually direct. Products
+brought from the West Indies to American ports were promptly reshipped
+as part of American stock to European ports; and the British courts had
+held that this importation had broken the voyage. When once import
+duties had been paid in an American port, the courts refused to inquire
+what thereafter became of the cargo and whether in fact rebates were
+given on exportation.
+
+In midsummer of 1805 occurred a reversal of British policy. In the case
+of the Essex, which had made the voyage from Charleston to London with
+colonial produce from Martinique, a British admiralty court ruled for
+the first time that the payment of import duties was not sufficient
+proof of _bona fide_ importation, because of the practice in the United
+States of repaying duties on exportation. Other seizures followed that
+of the Essex, to the consternation of American shippers. Insurance rates
+on cargoes were doubled and doubled again within a year. Early in 1806,
+Monroe, then Minister to England, wrote in protest to the British
+Ministry that "about one hundred and twenty vessels had been seized,
+several condemned, all taken from their course, detained, and otherwise
+subjected to heavy losses and damages." But Monroe could not obtain any
+concession of principle or promise of indemnity.
+
+The policy which the Secretary of State was known to favor was that of
+coercing England through restrictions upon trade. The implications of
+this policy were suggested by his often-quoted remark touching upon the
+dependence of British manufacturers: "There are three hundred thousand
+souls who live by our custom: let them be driven to poverty and despair,
+and what will be the consequences?" He lost no opportunity to urge upon
+his party associates the need of passing retaliatory legislation
+against Great Britain. It was well known, of course, that the President
+would support any fair application of his theory of peaceable coercion.
+
+At first there was a general disposition to try the effect of an
+embargo; but more prudent counsels prevailed when the news of Trafalgar
+reached America. Congress finally adopted, in April, 1806, a
+non-importation bill, which was to become effective eight months later.
+There was some point to Randolph's criticism when he declared it to be
+"a milk-and-water Bill. A dose of chicken broth to be taken nine months
+hence"; for the act prohibited only the importation of such English
+goods as could be manufactured in the United States or procured
+elsewhere. Such a measure was not likely to make the manufacturers of
+England quail. In the mean time, the Administration was to accomplish
+what it might by direct negotiation with the British Ministry, using
+this Nicholson Act as a covert threat. Much against his will, Jefferson
+had to nominate another envoy to act with Monroe. His choice fell upon
+William Pinkney, of Maryland. The friends of Madison were not unwilling
+to humiliate Monroe, whose presidential aspirations might interfere with
+Madison's succession, for Jefferson had let it be known as early as the
+summer of 1805 that he did not seek a reëlection.
+
+A few days after Congress adjourned occurred the Leander episode. This
+frigate was one of several British war vessels whose presence in
+American waters was a constant menace to merchantmen and an insult to
+the National Government. From time to time they appeared off Sandy Hook,
+lying in wait for American vessels which were suspected of carrying
+British seamen who had fled from the hard conditions of service on ships
+of war. An American merchantman was likely at any time to be stopped by
+a shot across her bow and to be subjected to the humiliation of a visit
+from a search crew. On April 25, 1806, the Leander, in rounding up a
+merchantman, fired a shot which killed the helmsman of a passing
+coasting sloop. The incident or accident threatened to assume the
+proportions of a _casus belli_.
+
+The practice of impressment was an old grievance which seemed to
+Americans devoid of any justification. From the British point of view
+there was much to be said in extenuation of the practice. It should not
+be forgotten that Great Britain was locked in a life-and-death struggle
+with a mighty antagonist, and that she had need of every able seaman.
+Owing to the rigorous life on board of men-of-war, every ship's crew was
+likely to be depleted by desertions whenever she touched at an American
+port. Jack Tar found life much more agreeable on an American
+merchantman; and he rarely failed to procure the needful naturalization
+papers or certificates which would give him a claim to American
+citizenship. The right of expatriation was not at this time conceded by
+the British Government. Once an Englishman, always an Englishman.
+Surely, then, British commanders might claim their own seamen on the
+high seas. Officially, at least, they never claimed the right to impress
+American seamen. Yet where differences of speech were so slight, the
+provocation so strong, and the needs of the navy so great, search crews
+were not always careful to distinguish between Britishers and Yankees.
+
+The United States never admitted the justice of these claims. To concede
+the right of search on the high seas was to admit a vast extension of
+British jurisdiction. As early as 1792, Jefferson had stated the
+principle for which the United States had consistently contended: "The
+simplest rule will be that the vessel being American shall be evidence
+that the seamen on board of her are such." The principle was never
+accepted by any British ministry. The practice of impressment continued
+to harass each succeeding administration. In 1806, a crisis seemed at
+hand. Madison reported to the House of Representatives the names of nine
+hundred and thirteen persons who appeared to have been impressed from
+American vessels. How many of these were British deserters under
+American names, it is impossible to say. The number reported by Madison
+is at least an index to the sense of injury which the nation felt.
+
+When President Jefferson sent Pinkney to join Monroe in securing a
+comprehensive treaty with Great Britain, which should restore West India
+trade to its old condition and provide indemnity for the American
+vessels condemned in the admiralty courts, he set down, as a _sine qua
+non_ in his instructions, the renunciation by the British Government of
+the practice of impressment. It was an ultimatum which expressed a truly
+national feeling; but with the consciousness of power which the
+domination of the high seas gave, the British commissioners treated
+this ultimatum, somewhat contemptuously, as an impossible and
+unwarranted demand. The American mission should have ended then and
+there; but on obtaining assurances that greater care would be exercised
+in impressing seamen, Monroe and Pinkney determined to disregard their
+instructions. Negotiations were continued and culminated in a treaty,
+December 1, 1806, which ran counter to the injunctions of the President
+in every particular. He refused to submit the document to the Senate.
+Nevertheless, he permitted Madison to draft new instructions for the
+commissioners, in the hope that the treaty could be made a basis for
+further negotiations. While these new instructions were crossing the
+ocean, a disaster occurred which brought the United States and Great
+Britain to the verge of war.
+
+In the early months of 1807, some French frigates had run up Chesapeake
+Bay to escape a British squadron. Relying on what Jefferson pleasantly
+termed the hospitality of the United States, these British men-of-war
+dropped anchor in Lynnhaven Bay, near Cape Henry, where they could watch
+the passage through the capes. From one of these British vessels a boat
+crew of common seamen made their escape to Norfolk. Just at this time
+the new frigate Chesapeake, which had been partially fitted out at the
+navy yard at Washington for service in the Mediterranean, dropped down
+to Hampton Roads to receive her complement of guns and provisions for a
+three years' cruise.
+
+[Map: Tonnage of the United States 1807]
+
+On June 22, the Chesapeake passed out through the capes, preceded by the
+Leopard, a British frigate of fifty guns. When they were well out on
+the high seas, the Leopard drew alongside the Chesapeake and signaled
+that she had a message for Commodore Barron. This message proved to be
+an order from Admiral Berkeley at Halifax, instructing commanders of
+British vessels who fell in with the Chesapeake to search her for
+deserters. The American commander denied that he had deserters on board
+and refused to allow the search. Almost immediately the Leopard
+approached with her gundecks cleared for action. Unaware of his danger
+Commodore Barron had not called his crew to quarters. The Leopard opened
+fire and poured three broadsides into the helpless American vessel,
+killing three men and wounding eighteen others. After fifteen minutes
+Barron hauled down his flag to spare his crew from needless sacrifice,
+and suffered the British commander to search the dismantled Chesapeake.
+Four alleged deserters were found and taken away, three of whom
+subsequently were proved to be American citizens. The Leopard then
+returned to the squadron off Cape Henry, while the Chesapeake limped
+back to Hampton Roads.
+
+Had the President chosen to go to war at this moment, he would have had
+a united people behind him. But Thomas Jefferson was not a martial
+character. His proclamation ordering all armed British vessels out of
+American waters and suspending intercourse with them if they remained,
+was so moderate in tone as to seem almost pusillanimous. John Randolph
+called it an apology. Instead of demanding unconditional reparation for
+this outrage, Madison instructed Monroe to insist upon an entire
+abolition of impressments as "an indispensable part of the
+satisfaction." The astute Canning, who had become Foreign Secretary in
+the new Portland Ministry, took advantage of this confusion of issues to
+evade the demand for reparation until popular passion in the United
+States had subsided. It was not until November that Canning took active
+measures. He then sent a special commissioner to the United States in
+the person of George Rose.
+
+The instructions which Rose carried with him to Washington, in January,
+1808, were anything but conciliatory. As a preliminary to any
+negotiations, he was to demand the recall of the President's
+proclamation of July 2, and an explicit disavowal of Commodore Barron's
+conduct in encouraging desertion from His Majesty's navy. The United
+States was also to give assurances that it would prevent the recurrence
+of such causes as had provoked the display of force by Admiral Berkeley.
+That the Administration should have continued negotiations after the
+full purport of these instructions was disclosed, seems incredible; but
+it was not until the middle of February that Madison awoke to the fact
+that the United States was being invited to "make as it were an
+expiatory sacrifice to obtain redress." Yet another month passed before
+Rose was given to understand that his mission was futile. By this time
+public attention was engrossed in the contest for neutral rights.
+
+Before the close of the year 1806, Napoleon was master of central Europe
+and in a position to deal his premeditated blow at the commercial
+ascendency of England. A fortnight after the terrible overthrow of
+Prussia at Jena, he made a triumphal entry into Berlin. From this city
+he issued, on November 21, the famous decree which was his answer to the
+British blockade of the continent. Since the British had determined to
+ruin neutral commerce by an illegal blockade, so the preamble read,
+"whoever deals on the continent in English merchandise favors that
+design and becomes an accomplice." All English goods henceforth were to
+be lawful prize in any territory held by the troops of France or her
+allies. The British Isles were declared to be in a state of blockade.
+Every American or other neutral vessel going to or coming from the
+British Isles, therefore, was subject to capture.
+
+The British Ministry took up the gauntlet. An order in council of
+January 7, 1807, forbade neutral trade between ports under the control
+of France or her allies; a second order, November 11, closed to neutrals
+those European ports under French control "as if the same were actually
+blockaded," but permitted vessels which first entered a British port and
+paid port duties to sail to any continental port. Only one more blow
+seemed needed to complete the ruin of American commerce. It fell a month
+later, December 17, 1807, when Napoleon issued his Milan Decree.
+Henceforth any vessel which submitted to be searched by an English
+cruiser or which paid any tonnage duty to the British Government or
+which set sail for any British port was subject to capture and
+condemnation as lawful prize. Such was to be the maritime code "until
+England returned to the principles of international law which are also
+those of justice and honor."
+
+American commerce was now, indeed, between the hammer and the anvil. The
+Nicholson Non-Importation Act, which had been twice suspended and which
+had only just gone into effect (December 14), seemed wholly inadequate
+to meet this situation. It had been designed as a coercive measure, to
+be sure, but no one knew precisely to what extent it would affect
+English trade. The time had come for the blow which Jefferson and his
+advisers had held in reserve. On December 18, the President sent to
+Congress a message recommending "an immediate inhibition of the
+departure of our vessels from the ports of the United States." The
+Senate responded by passing a bill (which Jefferson probably drafted)
+through its three stages in a single day; the House passed the measure
+after only two days of debate; and on December 22, the Embargo Act
+received the President's signature.
+
+The temper of those who supported the embargo was reflected by Senator
+Adams, of Massachusetts, who was reported to have said: "The President
+has recommended the measure on his high responsibility. I would not
+consider, I would not deliberate; I would act." Yet there were members
+of Congress who were not prepared to accept the high authority of the
+President. The vote in the House of Representatives indicates that
+opinion was divided in Adams's own State. Boston with its environs and
+the interior counties were opposed to the embargo. New York was also
+divided, though here the commercial areas favored the measure. Maryland
+showed a like division of opinion. Connecticut was a unit in opposing
+the President's policy.
+
+What was the measure which was accepted almost without discussion on
+"the high responsibility" of the President? So far as it was defended at
+all, it was presented as a measure for the protection of American ships,
+merchandise, and seamen. It forbade the departure of all ships and
+vessels in the ports of the United States for any foreign port, except
+vessels under the immediate direction of the President. Foreign armed
+vessels were exempted as a matter of course from the operation of this
+act; so also were all vessels in ballast or already loaded with goods at
+the time when the act was passed. Coasting vessels were to give bonds
+double the value of vessel and cargo to re-land their goods, wares, or
+merchandise in some port of the United States.
+
+American shippers were so little appreciative of the protection offered
+by a benevolent Government that they evaded the embargo from the very
+first. Foreign trade was lucrative in just the proportion that it was
+hazardous. If some skippers obeyed, the profits were so much the greater
+for the less conscientious. Under guise of engaging in the coasting
+trade, many a ship's captain with the connivance of the owner landed his
+cargo in a foreign port. A brisk traffic also sprang up by land across
+the Canadian border.
+
+[Map: House Vote on the Embargo December 21, 1807]
+
+All pretense that the embargo was designed to protect American commerce
+had now to be abandoned. Jefferson did not attempt to disguise his
+purpose to use the embargo as a great coercive weapon against France and
+Great Britain. Congress passed supplementary acts and suffered the
+President to exercise a vast discretionary power which was strangely at
+variance with Republican traditions. "When you are doubtful," wrote the
+President with reference to coasting vessels, "consider me as voting for
+detention." "We find it necessary," he informed the governors of the
+States, "to consider every vessel as suspicious which has on board any
+article of domestic produce in demand at foreign markets." Governors of
+those States which consumed more wheat than they produced were to issue
+certificates to collectors of ports stating the amount desired. The
+collectors in turn were to authorize merchants in whom they had
+confidence to import the needed supplies. Nor did the President hesitate
+to put whole communities under the ban when individual shipowners were
+suspected of engaging in illicit trade. He so far forgot his horror of a
+standing army that he asked Congress for an addition to the regular army
+of six thousand men. Congress had already made an appropriation of
+$850,000 to build gunboats. It now appropriated a million and a quarter
+for fortifications and for the equipment of the militia.
+
+Through the long summer of 1808, President Jefferson waited anxiously
+for the effects of coercion to appear. The reports from abroad were not
+encouraging. The effects of the embargo upon English economy are even
+now a matter of conjecture. In the opinion of Mr. Henry Adams, the
+embargo only fattened the shipowners and squires who devised the orders
+in council, and lowered the wages and moral standard of the laboring
+classes by cutting off temporarily the importation of foodstuffs and the
+raw material for British manufacturers. When Pinkney approached Canning
+with the proposal that England should revoke her orders upon the
+withdrawal of the embargo, he was told, with biting sarcasm, that "if it
+were possible to make any sacrifice for the repeal of the embargo
+without appearing to deprecate it as a measure of hostility, he [His
+Majesty] would gladly have facilitated its removal as a measure of
+inconvenient restriction upon the American people." The blow aimed at
+Great Britain had missed its mark.
+
+From the first Napoleon had welcomed the embargo as a measure likely to
+contribute to the success of his continental system. On April 17, 1808,
+he issued a decree from Bayonne ordering the seizure of all American
+vessels in French ports. It was argued ingeniously that since they were
+abroad in violation of the embargo, they were not _bona fide_ American
+vessels, but presumptively British, and therefore subject to capture. To
+accept the aid of the French Emperor in enforcing a policy which was
+intended to coerce his action, was humiliating to the last degree.
+Armstrong wrote to Madison that in his opinion the coercive force of the
+embargo had been overrated. "Here it is not felt, and in England ... it
+is forgotten."
+
+The importance of the embargo, Jefferson never tired of repeating, was
+not to be measured in money. If the brutalities of war and the
+corruption incident to war could be avoided by this alternative, the
+experiment was well worth trying. Yet Jefferson himself was startled by
+the deliberate and systematic evasions of the law. "I did not expect,"
+he confessed, "a crop of so sudden and rank growth of fraud and open
+opposition by force could have grown up in the United States." Moreover,
+the cost of the embargo was very great. The value of exports fell from
+$108,000,000 in 1807 to $22,000,000 in the following year. The national
+revenue from import duties was cut down by one half.
+
+The embargo bore down with crushing weight upon New England, where
+nearly one third of the ships engaged in the carrying trade were owned.
+The shipbuilding industry languished, as well as all the industries
+subsidiary to commerce. Even the farmers suffered as the embargo
+continued. A temporary loss of their market could have been borne with
+some degree of equanimity, but not an indefinite loss, for imported
+goods now began to rise in price, adding to the general distress.
+
+The economic distress of New England, however, cannot be measured by the
+volume of indignant protest. The Federalist machine never worked more
+effectively than when it directed this unrest and diverted it to
+partisan purposes. Thomas Jefferson's embargo was made to seem a
+vindictive assault upon New England. The Essex Junto, with Timothy
+Pickering as leader, spared no pains to convince the unthinking that
+Jefferson was the tool or the dupe of Napoleon, who was bent upon
+coercing the United States into war with Great Britain. The spring
+election of 1808 gave the measure of this reaction in Massachusetts. The
+Federalists regained control of both houses of the state legislature,
+and forced the resignation of Senator John Quincy Adams, who had broken
+with his party by voting for the embargo, and who had incurred the
+undying enmity of of the Essex Junto by defending the policy of the
+Administration.
+
+In the midst of what Jefferson called "the general factiousness,"
+following the embargo, occurred a presidential election. Jefferson was
+not a candidate for reëlection. His fondest hope now was that he might
+be allowed to retire with honor to the bosom of his family. Upon whom
+would his mantle fall? Madison was his probable preference; and Madison
+had the doubtful advantage of a formal nomination by the regular
+congressional caucus of the party. But Monroe still considered his
+chances of election good; and Vice-President George Clinton also
+announced his candidacy. Both Monroe and Clinton represented those
+elements of opposition which harassed the closing months of the
+Administration. Contrary to expectation, the Federalists did not ally
+themselves with Clinton, but preferred to go down in defeat under their
+old leaders, Charles C. Pinckney and Rufus King. With the opposition
+thus divided, Madison scored an easy victory; but against him was the
+almost solid vote of a section. All the New England States but Vermont
+cast their electoral votes for the Federalist candidates.
+
+Before the end of the year the failure of the embargo was patent to
+every fair-minded observer. The alternatives, war or submission, were
+not pleasant to contemplate. From force of habit the party in power
+looked to Jefferson for leadership; but since Madison's election, he had
+assumed the rôle of "unmeddling listener," not wishing to commit his
+successor to any policy. The abdication of Jefferson thus left the party
+without a leader and without a program at a most critical moment.
+
+Under the circumstances it was easier to continue the embargo than to
+face the probability of war. Gallatin had already urged the need of more
+stringent laws for the enforcement of the embargo,--laws which he
+admitted were both odious and dangerous. On January 9, 1809, Congress
+passed the desired legislation. Thereafter coasting vessels were obliged
+to give bonds to six times the value of vessel and cargo before they
+were permitted to load. Collectors were authorized to refuse permission
+if in their opinion there was "an intention to violate the embargo."
+Only loss at sea released a shipowner from his bond. In suits at law
+neither capture nor any other accident could be pleaded. Collectors at
+the ports and on the frontiers were authorized to seize goods which were
+"apparently on their way toward the territory of a foreign nation." And
+for such seizures the collectors were not liable in courts of law. The
+army, the navy, and the militia were put at their disposal.
+
+The "Force Act" was the last straw for the Federalists of Massachusetts.
+Town after town adopted resolutions which ran through the whole gamut of
+partisan abuse. The General Court of Massachusetts resolved that it
+would coöperate with other States in procuring such amendments to the
+Constitution as were necessary to obtain protection for commerce and to
+give to the commercial States "their fair and just consideration in the
+government of the Union." Governor Trumbull, of Connecticut, flatly
+declined to allow the militia to assist the collectors in the
+enforcement of the embargo, holding that the act to enforce the embargo
+was unconstitutional, "interfering with the state sovereignties, and
+subversive of the guaranteed rights, privileges, and immunities of the
+citizens of the United States." The legislature rallied to the support
+of the governor with resolutions which breathe much the same spirit as
+the Virginia and Kentucky Resolutions of 1798.
+
+The incessant bombardment by the New England towns was too much for
+Jefferson's equanimity. "I felt the foundation of the government shaken
+under my feet by the New England townships," he said in after years. His
+control over his own party was gone. Northern Republicans combined with
+Federalists to force the repeal of the embargo through Congress; and on
+March 1, 1809, with much bitterness of spirit, Jefferson signed the bill
+that terminated his great experiment. Instead of interdicting commerce
+altogether, Congress suspended intercourse with France and Great Britain
+after March 15 and until one or the other of the offenders repealed its
+obnoxious orders. Meantime, American vessels were free to pick up what
+trade they could with other nations.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     The historical writings of Henry Adams are indispensable aids to
+     an understanding of the foreign policy of Jefferson. On the effect
+     of the embargo, Channing, _The Jeffersonian System_, takes sharp
+     issue with Adams. There is a mass of valuable data on social
+     history in the third volume of McMaster, _History of the People of
+     the United States_. E. L. Bogart, _Economic History of the United
+     States_ (1913); Katherine Coman, _Industrial History of the United
+     States_ (1913); and C. D. Wright, _Industrial Evolution of the
+     United States_ (1907), are manuals containing much valuable
+     matter. The brief introductions to the chapters in G. S.
+     Callender, _Selections from the Economic History of the United
+     Slates_ (1909), are always illuminating. The foreign policy of
+     Jefferson and Madison is extensively reviewed in A. T. Mahan, _Sea
+     Power in its Relations to the War of 1812_ (2 vols., 1905).
+
+
+
+
+CHAPTER XI
+
+THE APPROACH OF WAR
+
+
+The Administration of James Madison began with what seemed like a
+diplomatic triumph. Negotiations with the new British minister, Erskine,
+led to a complete agreement on all the points in dispute. Full
+reparation was to be made for the Chesapeake affair. The offensive
+orders in council of 1807 were to be withdrawn on a fixed date.
+Thereupon, with undisguised satisfaction, the President issued a
+proclamation, April 21, 1809, renewing commercial intercourse with Great
+Britain. General rejoicing followed. Ships which had been tied up to
+wharves for eighteen months put to sea with crowded holds. Those
+Republicans who had stanchly upheld the Jeffersonian policy of peaceable
+coercion boldly claimed for the embargo the credit of having brought
+about this happy consummation. Some misgivings were excited, to be sure,
+by the report of a new order in council which substituted a blockade of
+Holland, France, and Italy for the order of November, 1807; yet weeks of
+smug satisfaction were enjoyed by the Administration before it was
+bewildered by the tidings that Canning had recalled Erskine and
+repudiated all his acts. Madison had to submit to "the mortifying
+necessity" of issuing another proclamation reviving the Non-Intercourse
+Act against Great Britain.
+
+Erskine was replaced by Francis James Jackson, a typical representative
+of the governing class,--intolerant, overbearing, and contemptuous. He
+had been chosen in 1807 for the brutal destruction of the Danish fleet
+at Copenhagen. Pinkney described him as "completely attached to all
+those British principles and doctrines which sometimes give us trouble."
+Madison was speedily convinced that conciliation was not the keynote of
+this man's mission. After the first exchange of notes, he took the pen
+out of the hand of Robert Smith, his incompetent Secretary of State, in
+order to deal more effectually with the adversary. When Jackson
+intimated that Erskine had been disavowed for disobedience to
+instructions and that the Administration was somehow responsible for
+this misconduct, Madison warned him sharply that "such insinuations are
+inadmissible in the intercourse of a foreign minister with a government
+that understands what it owes itself"; and a few days later, after an
+exhibition of domineering temper on the part of Jackson, Madison
+informed him that no further communications would be received. Months
+passed, however, before Jackson was recalled; and in the mean time he
+made a tour through the Eastern States where he was warmly welcomed by
+the Federalists. No better evidence was needed to convince the
+Administration of the unpatriotic and pro-British attitude of Federalist
+New England.
+
+The Non-Intercourse Act had brought some measure of relief to New
+England shipping. Trade with parts of the European continent could now
+be carried on by those who wished to incur the hazard. A greater volume
+of trade was probably carried on illicitly with England. Amelia Island,
+just across the Florida line, and Halifax, in Nova Scotia, became
+intermediate ports to which American goods went for reshipment to Europe
+and to which British merchandise was shipped for distribution in the
+United States. Notwithstanding these well-known evasions of the law,
+Congress would probably have been content to leave well enough alone but
+for the fact that the Non-Intercourse Act would expire by limitation in
+the spring of 1810. Some action was imperative. A bill was drawn by the
+Administration to meet the situation and introduced in the House by
+Macon; but it failed to command the support of the party and was dropped
+in favor of a second bill, commonly known as Macon's Bill No. 2, though
+he was not the author of it. This measure eventually became law, May 1,
+1810. "It marked the last stage toward the admitted failure of
+commercial restrictions as a substitute for war," writes Mr. Adams. By
+repealing the Non-Intercourse Act it left commerce free once more to
+seek the markets of the world. In case either Great Britain or France
+should revoke or modify its hostile policy, the President was authorized
+to revive the Non-Intercourse Act against the delinquent nation.
+
+After the Non-Intercourse Act of 1809, Napoleon had begun the
+"sequestration" of American vessels in European ports. Sequestration
+proved to be only a euphemistic expression for confiscation. On May 14,
+he issued from Rambouillet a decree which authorized the seizure and
+condemnation of all American ships in French ports. With an eye to the
+needs of his war chest, the Emperor calculated that by drawing in this
+net he would make a catch amounting to about six million dollars. As a
+matter of fact, this was a conservative estimate. The American consul at
+Paris reported the seizure of one hundred and thirty-four vessels
+between April, 1809, and April, 1810. The actual loss to American
+shipowners could not have been less than ten millions of dollars.
+
+The news of the passage of Macon's bill suggested another stroke to the
+wily conqueror of Europe. On August 5, he announced to the American
+Minister that the decrees of Berlin and Milan were revoked and would be
+inoperative after November 1, "it being understood that in consequence
+of this declaration the English are to revoke their orders in council
+and renounce the new principles of blockade," and that the United
+States, conforming to its act of May 1, 1810, would "cause their rights
+to be respected by the English."
+
+Accepting this letter at its face value, with a credulity which now
+seems incredible, President Madison proclaimed on November 2 that France
+had withdrawn its decrees, and that in consequence commercial
+intercourse with Great Britain would be suspended on and after February
+2, 1811. Madison's haste was due to a very natural desire to coerce
+Great Britain into a similar renunciation, but to his chagrin, the
+British Ministry refused to accept the mere notification of Napoleon as
+evidence of the repeal of the various decrees. Even the supporters of
+the Administration became uneasy as months passed without any formal
+edict of revocation. Might not the courts adjudge that the decrees had
+not been repealed _pro forma_? The Administration was greatly perturbed
+in December, too, by the news that two American vessels had been
+sequestered at Bordeaux. After much hesitation, Congress came to the
+support of the President and revived the Non-Intercourse Act against
+Great Britain, at the same time admitting the weakness of its position
+by the additional provision that the courts should not entertain the
+question whether the French decrees were or were not revoked. On the
+same day, February 28, 1811, Pinkney took formal leave of the Prince
+Regent under circumstances which presaged, if they did not imply, a
+rupture of diplomatic relations. Yet the British Ministry had so little
+comprehension of the temper of the American people that at this very
+moment Wellesley was drafting instructions for the new Minister, Mr.
+Augustus John Foster, which bade him yield not a jot or a tittle to the
+alleged rights of neutrals. He was, however, to make proper reparation
+for the Chesapeake affair.
+
+In these months of struggle for the rights of neutral commerce, the
+question of impressments had been relegated to second place in the minds
+of Americans. The blockade of New York by British frigates in the spring
+of 1811 suddenly revived the old controversy. For a year past an
+American squadron under the command of Commodore John Rodgers had
+patrolled the coast, under instructions to protect all merchantmen from
+molestation by armed foreign cruisers within the three-mile limit.
+
+The British frigate Guerrière had made itself particularly offensive by
+its search crews and arbitrary seizures of alleged deserters. On May 16,
+1811, Commodore Rodgers's flagship, the frigate President carrying
+forty-four guns, sighted a British sloop-of-war some fifty miles east of
+Cape Henry, which he believed to be the Guerrière, and wishing to make
+inquiries about a certain seaman who was reported to have been
+impressed, Rodgers sailed toward the stranger. The vessel acted in a
+manner which was thought suspicious, so the President gave chase. On
+coming within range about dusk, the American frigate was fired upon, so
+it was alleged in a subsequent court of inquiry. The President then
+opened its batteries and in less than fifteen minutes had overpowered
+the British corvette. To his surprise and disappointment, Rodgers then
+learned that his antagonist was not the Guerrière, but the Little Belt,
+a vessel far inferior to his own and carrying only twenty guns. When the
+new British Minister arrived in Washington, he found the Administration
+singularly indifferent to the historic Chesapeake affair. In the opinion
+of the American public, the President had avenged the Chesapeake.
+
+While Congress was vacillating between non-intercourse and partial
+non-intercourse, in the early months of 1810, with a strong inclination
+toward the path of least resistance, one voice was raised for war. Henry
+Clay was then filling out an unexpired term in the Senate upon
+appointment by the Governor of Kentucky. Born in Virginia, thirty-three
+years before, he had sought his fortune as a young lawyer in the new
+communities beyond the Alleghanies. Closely identified with the
+aggressive spirit of his section, he voiced a growing sense of
+humiliation that his country should be buffeted by every British
+ministry. The people of Kentucky and Tennessee had little patience with
+half measures in defense of national rights. The petty diplomacy of
+closet statesmen did not appeal to the soul of the frontiersman who was
+accustomed to hew his way to his goal. The people of this section,
+imperial in its dimensions, were prepared for large tasks done in a bold
+way. Their ideas of the Union transcended the policies of Eastern
+statesmen, whose eyes saw no farther than the tops of the Alleghanies
+and whose ears listened all too readily to the admonitions of European
+chancellors. Clay spoke heatedly of the "ignominious surrender of our
+rights"--heritage of the heroes of the Revolution. He would have
+Congress exhibit the vigor of their forbears. "The conquest of Canada is
+in your power," he cried. "I trust I shall not be deemed presumptuous
+when I state that I verily believe that the militia of Kentucky alone
+are competent to place Montreal and Upper Canada at your feet." This was
+a new and unfamiliar style of oratory in the Senate of the United
+States.
+
+At this moment, however, the United States seemed far more likely to
+acquire the Floridas than Canada. In the summer of 1810, Americans who
+had crossed the border and settled in and around the district of West
+Feliciana rose in revolt against the Spanish governor at Baton Rouge,
+and declared West Florida a free and independent state, appealing to the
+Supreme Ruler of the world for the rectitude of their intentions. What
+their intentions were appeared in a petition to the President for
+annexation to the United States. This was an opportune moment for the
+realization of the hopes which Madison had cherished ever since the
+acquisition of Louisiana. On October 27, 1810, he issued a proclamation,
+announcing that Governor Claiborne would take possession of West Florida
+to the river Perdido, in the name of the United States.
+
+Not satisfied with this achievement, President Madison called attention
+in a secret message to the condition of East Florida and asked Congress
+for authority to take temporary possession of any part or parts of the
+territory. With equal secrecy Congress gave the desired authorization,
+and the President immediately sent two commissioners with large
+discretionary powers to the St. Mary's River. In March, 1812, another
+"revolution" took place. The Spanish governor of East Florida was forced
+to surrender and to permit the occupation of Amelia Island in the name
+of the United States. The farce was too broad, however, even for the
+eager Administration. The President was obliged to disavow the acts of
+his agents. But Amelia Island was not evacuated until May, 1813, and
+West Florida was never released. After much deliberation Congress
+annexed part of the region to the new State of Louisiana and joined the
+rest to the Territory of Mississippi.
+
+In the Northwest also American pioneers were overrunning the bounds, not
+those fixed by international agreement, to be sure, but those marked by
+Indian treaties, which commanded even less respect. A society which
+believed that the only good Indian was a dead Indian was not likely to
+be over-nice in its appraisal of his property rights. The line of
+intercourse marked by the Treaty of Greenville in 1795 had receded
+somewhat as home-seekers had pushed their way up the rivers from the
+Ohio into the Indiana Territory; but the vast interior around the upper
+waters of the Wabash River was still closed to white men. Governor
+William Henry Harrison fully shared the irritation of the settlers that
+Indians should monopolize the best lands. He was therefore a willing
+agent of the President when in 1804 and 1805 he took advantage of the
+necessities of certain chieftains, whom he called "the most depraved
+wretches on earth," to despoil whole tribes of their lands, under the
+guise of treaties.
+
+Among the better class of Indians this policy aroused the bitterest
+resentment. The rise of Tecumseh, son of a Shawnee warrior, and of his
+brother the Prophet, dates from this time. It was the aim of these
+remarkable individuals to prevent the further alienation of Indian lands
+by limiting the authority of irresponsible local chiefs and conferring
+it upon a congress of warriors from all allied tribes. During the year
+1808, Tecumseh and the Prophet laid the foundation of a confederacy by
+establishing an Indian village on Tippecanoe Creek, one hundred and
+fifty miles above Vincennes.
+
+In the following year (1809), Governor Harrison anticipated the
+formation of this Indian confederation by beginning negotiations with
+the same irresponsible sachems for the cession of more lands. The
+treaty, which was readily concluded, carried despair to the heart of
+every follower of Tecumseh, for it conveyed to the National Government
+three millions of acres of the best lands in the Indian country,
+extending along both banks of the Wabash for a hundred miles. An
+alliance with the British seemed to be the only recourse of the Indians.
+Only a spark was needed to start a conflagration along the whole
+frontier.
+
+Although war was believed to be imminent by the people of Indiana, the
+winter and summer of 1811 passed without untoward events. Toward the end
+of October, Harrison began a forward movement into the Indian country.
+On the morning of November 7, his camp on the banks of the Tippecanoe
+was attacked. A sharp engagement followed, in which the army narrowly
+escaped disaster; but the troops rallied and finally succeeded in
+routing the Indians. In the abandoned village of the Prophet were found
+English arms--confirmatory evidence, it was said, of the part which the
+British in Canada had taken in the projects of Tecumseh and the Prophet.
+Occurring at a moment of tension between the United States and Great
+Britain, the battle of Tippecanoe may be regarded properly as "a
+premature outbreak of the great wars of 1812." An unforeseen consequence
+of this skirmish on the frontier was the rise of a new popular hero in
+the West.
+
+Nationally minded men indulged high hopes of the new Congress which
+convened at the capital in November, 1811. The presence of some seventy
+new members, many of whom belonged to a younger generation, warranted
+the expectation that the Twelfth Congress would exhibit greater vigor
+than its predecessor. In organizing, the House passed over Macon, who
+belonged to the old school of statesmen, and chose as Speaker Henry
+Clay, who had exchanged his seat in the Senate for this more stirring
+arena. Clay's conception of the Speakership was novel. He was determined
+to be something more than a mere presiding officer. As a leader of his
+party he proposed to use his powers of office to shape legislation. His
+heart was set upon an aggressive policy. War had no terrors for him. He
+therefore named his committees with the possibility of war in mind.
+
+There were many young men who shared Clay's impatience with the policy
+of peaceable coercion and its humiliating sequel. Grundy, of Tennessee,
+had been elected because he openly favored war. He admitted that he was
+"anxious not only to add the Floridas to the south, but the Canadas to
+the north of this Empire." John C. Calhoun, a new member from South
+Carolina, openly repudiated the restrictive system of the President as a
+mode of resistance suited neither to the genius of the people nor to the
+geographical character of the country. "We have had a peace like a war,"
+he cried; "in the name of Heaven let us not have the only thing that is
+worse--a war like a peace!" Clay left the chair frequently to stir the
+House by his glowing eloquence. Whatever else might be said about these
+young stalwarts, no one could doubt their ardent nationalism and
+devotion to the Union. Even the President was moved to allude gently in
+his annual message to the duty of assuming "an attitude demanded by the
+crisis and corresponding with the national spirit and expectations."
+
+The response of Congress was exasperatingly slow. It was January before
+a bill to increase the standing army by twenty-five thousand men became
+law. Another month passed before Congress would agree to a bill
+authorizing the President to raise a volunteer force of fifty thousand
+men. No arguments would move the House to vote an appropriation of seven
+and a half million dollars for a navy of twenty frigates and twelve
+ships-of-the-line. Even more discouraging was the reluctance of Congress
+to anticipate the financial drain of war by levying the internal revenue
+taxes which Gallatin strongly recommended, now that Congress had
+suffered the charter of the National Bank to expire. Without that
+important instrument of credit, he saw no alternative but to revive the
+excise which was so hateful to Republicans. In the end Congress
+authorized a loan of eleven million dollars, but no additional taxes.
+
+[Map: Vote of House on the Declaration of War June 4, 1812]
+
+From the first the war party had fixed upon Great Britain as the object
+of attack. In the sober light of history, France appears to be quite as
+much an enemy to American commerce. But so long as the Administration
+maintained that Napoleon had withdrawn his decrees, and that England had
+not, consistency required that Great Britain should be regarded as the
+greater offender. Reparation had been made for the Chesapeake affair, to
+be sure, but no guaranties had been given that the rights of
+neutral vessels would be respected on the high seas. Besides, the group
+of young Republicans led by Clay and Grundy had looked forward to the
+conquest of Canada on the north and of Florida on the south as the
+result of war. Madison was too keen a politician not to know that he
+could not afford to alienate this group if he wished a second term in
+office. On April 1, he recommended an embargo for sixty days, and two
+months later, on June 1, he sent his famous war message to Congress.
+
+In reciting the grievances of the United States, the President thrust
+into the foreground "the continued practice of violating the American
+flag on the great highway of nations, and of seizing and carrying off
+persons sailing under it." No one could deny that these were real
+grievances, but they had not been pressed in recent negotiations as a
+possible cause of war. A second grievance was the blockade of American
+ports by British cruisers. "They hover over and harass our entering and
+departing commerce," said the President. "To the most insulting
+pretentions they have added the most lawless proceedings in our very
+harbors; and have wantonly spilt American blood within the sanctuary of
+our territorial jurisdiction." This grievance was also real, but not of
+recent date. When the President alluded to "pretended blockades" under
+which "our commerce has been plundered in every sea," he touched upon
+outrages which were still fresh in the minds of all. "Not content with
+these occasional expedients for laying waste our neutral trade,"
+continued the message, "the Cabinet of Great Britain resorted, at
+length, to the sweeping system of blockades, under the name of Orders in
+Council." Finally, the President did not refrain from the plain
+intimation that the Indian hostilities on the frontier were due to the
+influence of British traders and British garrisons.
+
+Three days later the House of Representatives passed a bill declaring
+war by a vote of 79 to 49. The opposition came largely from the
+Northeast. The representatives from Connecticut and Rhode Island were to
+a man against war, and they were supported by Federalists from
+Massachusetts, New York, New Jersey, Maryland, and Delaware. In the
+Senate the vote stood 19 for war and 13 against it. "Except
+Pennsylvania, the entire representation of no Northern State declared
+itself for the war; except Kentucky, every State south of the Potomac
+and Ohio voted for the declaration."
+
+While Congress was debating the alternatives of peace or war, the
+British Government took a step which under modern conditions would have
+averted hostilities. Taking advantage of a decree of Napoleon dating
+from 1810, which declared his edicts revoked so far as American vessels
+were concerned, the Ministry announced on June 23 that the British
+orders would be withdrawn. But just five days earlier, President Madison
+had proclaimed a state of war between the United States and Great
+Britain.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     A brief account of the events which formed the prelude to the War
+     of 1812 may be found in K. C. Babcock, _The Rise of American
+     Nationality_ (in _The American Nation_, vol. 13, 1906). The
+     diplomatic and military antecedents of the war are set forth at
+     greater length in A. T. Mahan, _Sea Power in its Relation to the
+     War of 1812_ (2 vols., 1905). Biographies contribute much that is
+     of interest. Carl Schurz, _Henry Clay_ (2 vols., 1887), is one of
+     the best. J. T. Morse, _John Quincy Adams_ (1882), and Edmund
+     Quincy, _Life of Josiah Quincy of Massachusetts_ (1867), also
+     contain interesting information. M. P. Follett, _The Speaker of
+     the House of Representatives_ (1896); Edward Stanwood, _History of
+     the Presidency_ (1898); and M. L. Hinsdale, _History of the
+     President's Cabinet_ (1911), touch upon important aspects of
+     politics. The volume entitled _Memoirs and Letters of Dolly
+     Madison_ (1886) gives many charming glimpses of social life at the
+     capital. The discomforts and hazards of travel in the West are
+     described with great vivacity by Margaret Van Horn, _A Journey to
+     Ohio in 1810_ (1912).
+
+
+
+
+CHAPTER XII
+
+THE WAR OF 1812
+
+
+When hostilities began in North America, the war establishment of the
+United States stood officially at 36,700 men. Actually the army
+consisted of ten regiments with ranks half filled, scattered in
+garrisons from Mackinac to Lake Champlain,--a force of less than 10,000
+men, of whom 4000 were raw recruits. The staff was made up of old and
+incompetent officers; and from a military point of view the new
+appointments left much to be desired. The navy which was to contest the
+supremacy of the seas with the victor at Trafalgar consisted of twelve
+sea-going vessels and some two hundred gunboats, which were useless
+except for coast defense. There was bitter truth in the manifesto issued
+by the Federalist members of Congress when it said: "Our enemy is the
+greatest maritime power that has ever been on earth, and to her we offer
+the most tempting prizes. Our merchantmen are on every sea. Our rich
+cities lie along the Atlantic seaboard close to the water's edge. And to
+defend these from the cruisers of Great Britain we are to have an army
+of raw recruits yet to be raised and a navy of gunboats now stranded on
+the beaches and frigates that have long been rotting in the slime of the
+Potomac."
+
+The worst aspect of the war was its sectional character. New England was
+in opposition. From the outset the activity of the National
+Administration was weakened by the indubitable fact that the United
+States, as the Federalists were never tired of repeating, began the war
+"as a divided people." When General Dearborn made requisition upon the
+governors of Massachusetts and Connecticut for militia to defend the
+coast, Governor Strong ignored the summons. Pressed for a reply, he
+finally stated to the Secretary of War that the judges of the Supreme
+Court of Massachusetts had advised him that the commanders-in-chief of
+the militia in the several States, rather than the President, had the
+right to determine whether any of the exigencies contemplated by the
+Constitution existed so as to require them to place the militia in the
+service of the United States. The judges also advised the governor that
+the militia, when in the service of the United States, could not
+lawfully be commanded by any federal officers below the President, but
+only by state officers. The general assembly of Connecticut sustained
+Governor Griswold in a similar attitude toward the federal authorities,
+holding that the war was an offensive war to which the provisions of the
+Constitution respecting the militia did not apply.
+
+From the first the war-hawks had cried, "On to Canada," for their hope
+of conquest was undisguised. "Agrarian cupidity," declared Randolph,
+"not maritime right, urges the war. Ever since the report of the
+Committee on Foreign Relations came into the House, we have heard but
+one word,--like the whippoorwill, but one eternal monotonous
+tone,--Canada, Canada, Canada!" Military considerations, however,
+probably determined the campaign of 1812,--so far, indeed, as any
+well-considered plans were worked out. A general advance was to be made
+along the route by Lake Champlain to Montreal. Three expeditions were
+also to be sent against Sackett's Harbor, Niagara, and Malden. All were
+strategic points on the Lakes; but Malden was particularly important as
+the center of British influence among the Indians of the Northwest.
+
+The expedition against Malden, which was entrusted to General William
+Hull, not only failed to accomplish its purpose, but terminated in the
+most humiliating reverse of the war. For reasons that have never been
+adequately explained, Hull laid siege to Malden instead of attacking it
+at once with his superior force; and when British reënforcements
+appeared, he not only abandoned the siege, but on August 15, surrendered
+Fort Detroit without firing a shot. The army, the fort, and the
+undisputed control of the Michigan country passed into the hands of the
+British. On the same day occurred the surrender of Fort Dearborn and the
+massacre of its garrison by the Indians.
+
+The other military operations on the northern frontier were scarcely
+less inglorious. The failure of the attack upon Queenston, October 13,
+was due largely to the incompetence of the commanding general. Nowhere
+did the American troops pierce the Niagara or Lake Champlain frontier.
+The Duke of Wellington was well within the truth when he declared the
+American campaign of 1812 "beneath criticism."
+
+The smart of these humiliating failures was only relieved by the series
+of stirring naval victories which began with the duel between the
+Constitution and the Guerrière. The frigates met on August 19, some
+three hundred miles off Cape Race. "In less than thirty minutes from the
+time we got alongside of the enemy," reported Captain Hull of the
+Constitution, "she was left without a spar standing, and the hull cut to
+pieces in such a manner as to make it difficult to keep her above
+water." The effect of this victory was electric. When the Constitution
+reached Boston Harbor, even Federalists broke into exultation. The cry
+in every New England home was, "Thank God for Hull's victory!" Nothing
+could have been better timed and more dramatic. The papers which
+announced the humiliating surrender of General Hull contained the news
+of his nephew's victory.
+
+If the victory of the Constitution was won on unequal terms,--the
+Guerrière was undoubtedly inferior,--the British Admiralty could not
+excuse a second naval defeat on this score. On October 17, the American
+sloop-of-war Wasp encountered the brig Frolic convoying merchantmen six
+hundred miles east of Norfolk. There was little to choose between the
+vessels either in size or equipment, yet the marksmanship of the
+American gunners was so far superior that in forty-three minutes the
+crew of the Wasp had boarded the Frolic. Not even the subsequent capture
+of both vessels by a British ship-of-the-line could dim the glory of
+this victory. A week later the frigate United States under Captain
+Decatur captured the Macedonia and brought her into New London--"the
+only British frigate ever brought as a prize into an American port." In
+December the Constitution, now commanded by Captain Bainbridge, added to
+her laurels by overpowering the powerful frigate Java.
+
+The effect of these disasters upon the British public was out of all
+proportion to the actual value of the vessels lost. Canning afterward
+declared that the loss of the Guerrière and the Macedonia produced a
+sensation scarcely to be equaled by the most violent convulsion of
+nature. "The sacred spell of the invincibility of the British navy was
+broken by those unfortunate captures."
+
+In the midst of the war occurred a presidential election. Madison had
+been the unanimous choice of the congressional caucus held in May; but
+only eighty-three out of one hundred and thirty-three Republicans had
+attended, and the discontent of New York Republicans was well known. The
+nomination of De Witt Clinton by the New York legislative caucus opened
+wide the breach in the party. In September a convention of Federalists
+repeated the error of 1804 and indorsed Clinton's nomination, naming as
+his partner Jared Ingersoll, of Pennsylvania. Elbridge Gerry, of
+Massachusetts, was finally nominated for Vice-President by the
+Republicans. The alternatives presented to the people seemed to be
+Madison and continued war ineffectively conducted, or Clinton and still
+more humiliating peace. New York, New Jersey, Delaware, and all the New
+England States but Vermont, preferred Clinton. The South and West
+supported Madison; but without the vote of Pennsylvania Madison would
+have been defeated.
+
+To retrieve Hull's disaster, General William Henry Harrison, the hero of
+Tippecanoe, was placed in command of the Western army in the fall of
+1812; but a succession of mishaps overtook his expedition into the
+Northwest. He not only failed to reach Detroit, but lost most of his
+available troops by disease, desertion, and the onset of British
+detachments from Fort Malden.
+
+It was now clear that the control of the Lakes was indispensable for a
+successful invasion of Canada. At the close of the year 1812, there was
+not a war-vessel flying the American flag on Lake Erie. To create a
+fleet was the task set for Oliver Hazard Perry, a young naval officer,
+who was sent from Newport to Presqu' Isle. Of the needful supplies only
+timber was abundant; the rest had to be brought overland from
+Philadelphia by way of Pittsburg. Surmounting all obstacles,
+nevertheless, the energetic Perry finally got together a flotilla of
+vessels which was quite equal to the British squadron. The two fleets
+met in battle off Sandusky on September 10, 1813. The American boat
+Lawrence, Perry's flagship, was obliged to strike her colors, but Perry
+boarded another vessel of his fleet and succeeded in turning defeat into
+a brilliant victory. "We have met the enemy and they are ours," was his
+triumphant dispatch to General Harrison.
+
+The way was now open to the invasion of Canada. Under the protection of
+Perry's fleet, Harrison was able to transport his army to the Canadian
+shore below Fort Malden. The British troops were already in full
+retreat. On October 5, 1813, the American army overtook them and in a
+short but decisive battle on the river Thames revenged the loss of
+Detroit. Among the dead on the British side was found the body of
+Tecumseh. In point of numbers, the battle of the Thames is
+insignificant; but it has an important place in the annals of the war
+because it destroyed the British military power in the Northwest and
+recovered control of the Michigan Territory.
+
+No such success attended the movement of American troops on the Niagara
+and St. Lawrence frontier. The control of Lake Ontario was in doubt
+throughout the year 1813. The military operations, first under Dearborn,
+and then under Wilkinson and Hampton, were indecisive. Indeed, the
+events of the year served only one good purpose: they revealed the
+incompetence of the older generals and the ability of the younger
+officers.
+
+The loss of the Chesapeake in a duel with the Shannon, on June 1, 1813,
+outside of Boston Harbor, left the United States with an available
+sea-going navy of just two frigates and a few small sloops. All the
+other frigates were shut up in various ports by the British blockade,
+which extended from Cape Cod to Florida. The burden of offense during
+the rest of the war fell upon privateers. During the war more than five
+hundred fitted out in American ports. In the year 1813 they took over
+three hundred prizes, while the frigates took but seventy-nine. While
+British cruisers were blockading the coast of the United States, these
+craft, with their beautiful lines and wonderful spread of canvas,
+carried consternation to all British shippers in the English Channel and
+in the Irish Sea. They "seize prizes in sight of those that should
+afford protection," complained the London _Times_, "and if pursued put
+on their sea-wings and laugh at the clumsy English pursuers." No
+exploits of the regular navy contributed so much to dispose the British
+governing class to peace as the depredations of these privateers.
+
+In the remote Southwest, the war assumed a different character. There
+the enemy on the border was not Great Britain but Spain. The people of
+the Carolinas and Georgia fully expected to acquire the Floridas while
+the North was wresting Canada from British control. Had President
+Madison been given his way, this wish would have been gratified; but
+Congress refused to countenance the seizure of East Florida, and in May,
+1813, Madison very reluctantly ordered the troops to evacuate Amelia
+Island. No scruples deterred Congress from authorizing the occupation of
+West Florida. In the spring of 1813, General Wilkinson forced the
+surrender of the only Spanish fort on Mobile Bay and took possession of
+the country as far as the Perdido--"the only permanent gain of territory
+made during the war."
+
+During the first year of the war the younger warriors of the Western
+Creeks, in what is now Alabama, had been incited to hostilities by
+Tecumseh, and in the following spring began depredations which
+culminated in the capture of Fort Mims and the massacre of its
+inhabitants on August 30, 1813. The horrors of an Indian war brought
+every able-bodied settler in the adjoining States to arms. Before the
+end of the year seven thousand whites had invaded the Indian territory
+and had killed about one fifth of the Creek warriors. The hero of the
+war was General Andrew Jackson, who at the head of an army of Tennessee
+militiamen won a decisive battle at Horseshoe Bend on the Tallapoosa
+River. On August 9, 1814, he forced the chieftains who had not fled
+across the Florida border to sign a treaty of capitulation at Fort
+Jackson and to cede nearly two thirds of their lands in southern Georgia
+and in what afterward became central Alabama. This phase of the war
+opened up a vast territory to settlement and made the military
+reputation of Andrew Jackson.
+
+Operations on the Niagara frontier were resumed by the American troops
+in 1814; but they were now directed by one of the new major-generals,
+Jacob Brown, who infused a new spirit into his soldiers. On July 5,
+General Winfield Scott's brigade won a signal victory at Chippewa. Three
+weeks later, on July 25, the entire army fought a desperate battle at
+Lundy's Lane, which lasted from sunset to midnight. The Americans
+claimed a victory, but the losses were about even and the British
+remained in possession of the field. At the close of the year, despite
+the valiant fighting of Brown's army, the situation on the Niagara had
+not changed materially. The invasion of Canada and a peace dictated from
+Quebec seemed as remote as ever.
+
+The British plans for the campaign of 1814 called for "a diversion on
+the coasts of the United States, in favor of the army employed in the
+defense of Upper and Lower Canada." For the first time since the
+opening of hostilities, British military authorities could concentrate
+their attention on the war in North America. The defeat of Napoleon on
+the plains of Leipzig had thrown his shattered columns back upon France.
+Thither the allied armies had followed him and forced his capitulation.
+With the end of European wars in sight, Wellington could release his
+veteran troops for service in America. In early summer eleven thousand
+seasoned troops were sent to Canada. Four thousand more were dispatched
+under Major-General Ross, of the Peninsular army, to coöperate with the
+navy under Admiral Cochrane on the shores of Chesapeake Bay. Later in
+the year Major-General Pakenham, also a veteran of the Peninsular
+campaign, was sent with ten thousand troops to seize the mouth of the
+Mississippi and to force the capitulation of the West by closing the
+ports on the Gulf.
+
+Those whose memories went back thirty-seven years may well have recalled
+Burgoyne's expedition, for it was by the old Lake Champlain route that
+Sir George Prevost began his invasion of New York in September, 1814.
+His objective was Plattsburg, where an American army of not more than
+two thousand men was stationed. Accompanying his army, to insure its
+line of communication with Canada, was a fleet consisting of a frigate,
+a brig, and a dozen smaller vessels. To this fleet, Captain Thomas
+Macdonough could oppose only a corvette and a dozen small craft. The
+fleets met in a battle for the control of the lake on September 11. The
+resourcefulness of the young American officer saved the day. By winding
+his corvette, the Saratoga, about, so as to bring her unused guns to
+bear just when the fight seemed lost, he forced the formidable Confiance
+to strike her colors. The surrender of the smaller British boats
+followed. The battle of Plattsburg was decisive of the invasion. Fearing
+greater disasters if he pressed on without the control of the waterway
+at his rear, Prevost at once ordered a retreat.
+
+The expedition directed toward Chesapeake Bay was well under way before
+Prevost's ill-starred invasion began. On August 19, General Ross landed
+his forces on the banks of Patuxent River, within striking distance of
+Washington. Marching leisurely across country toward the capital, the
+British finally met at Bladensburg a motley array of some seven thousand
+Americans, hastily summoned from the countryside. What followed is not
+easily described. Some show of resistance was made by the marines from
+the American gunboats in the Patuxent; but for the most part the
+Americans were seized with a panic and fled in wild disorder. The
+President and his Cabinet took to the Virginia woods, leaving the enemy
+to wreak their vengeance on the government buildings. Having fired the
+Capitol, the White House, and other edifices, the British forces
+returned to their fleet and reëmbarked. The historian can take no
+pleasure in dwelling upon details which are discreditable to all
+concerned; for if the British committed acts of vandalism, the Americans
+had provoked retaliation when they burned the parliament houses at York
+in the campaign of 1813.
+
+An attack upon Baltimore which might have resulted in further outrages
+was frustrated by the measures of defense which the government of the
+city had already wisely undertaken. After a skirmish in which General
+Ross was killed, and an ineffective bombardment of the harbor defenses,
+the British withdrew.
+
+A visitor to the national capital after its capture described the
+President as "miserably shattered and woe-begone," and heart-broken at
+the defection of New England. To prosecute the war, money and men were
+needed; but both were wanting. The Administration hoped, but hoped in
+vain, that the victories at Chippewa, Lundy's Lane, and Plattsburg would
+stimulate enlistments; but recruits were not likely to be lured by
+promises which every one knew the Government could not redeem. It became
+clearer every day that unless Congress was disposed to adopt Monroe's
+plan of conscription, the National Government would have to put its
+dependence upon state armies. In September, after Castine and the
+eastern part of Maine to the Penobscot had been occupied by the British,
+Governor Strong consented to call out the militia of Massachusetts, but
+he was careful to place the troops under the command of state officers.
+At the same time he made inquiry of the Secretary of War whether the
+expenses of the militia would be assumed by the National Government.
+Monroe replied rather sharply that so long as Massachusetts refused to
+put her troops under the command of national officers, she need not
+expect the United States to maintain them. The Governor of Connecticut
+had already withdrawn the militia of that State from national service.
+At the moment when Prevost was beginning his invasion, the Governor of
+Vermont declined to call out the state militia because he doubted his
+authority to order the militia out of the State. The Union seemed on the
+point of disintegrating into its original elements.
+
+The anxieties of the Administration were further increased by the action
+of the Massachusetts General Court, which called a convention of those
+States "the affinity of whose interests is closest," with the avowed
+purpose of devising some mode of common defense and of securing a
+convention of delegates from all the States to revise the National
+Constitution. In spite of vigorous opposition, delegates were chosen, to
+meet on December 15 with "such as may be chosen by any or all of the
+other New England States." The legislatures of Connecticut and Rhode
+Island responded promptly; but the legislature of Vermont unanimously
+declined the invitation, and New Hampshire failed to reply. The movement
+seemed all the more ominous after the fall elections, which resulted in
+the choice of thirty-nine Federalist Congressmen from New England and of
+only two Republicans. In the preceding Congress there had been thirty
+Federalists and eleven Republicans.
+
+That members of the Essex Junto would gladly have seized this
+opportunity to remake the Federal Union by excluding the Western States
+appears clearly enough in the correspondence of men like Timothy
+Pickering. A new Union of the "good old thirteen States" on terms set by
+New England was believed to be well within the bounds of possibility.
+Radical newspapers referred with enthusiasm to the erection of a new
+federal edifice. Little wonder that the harassed President was obsessed
+with the idea that New England was on the verge of secession.
+
+From the first, however, this movement in New England was kept well in
+hand by men like Harrison Gray Otis, who always insisted that the object
+of a convention was to defend New England against the common enemy and
+to prevent radical action under the stress of popular excitement. If
+this be true, it was unfortunate, to say the least, that these patriots
+chose just this moment, when the Federal Government was about to succumb
+to the common enemy, to propose alterations in the Constitution; and it
+was equally unfortunate for the reputations of all concerned that they
+should have held their deliberations in secret, giving an air of
+conspiracy to their proceedings. The official journal of the Convention
+at Hartford was not published until 1823. When the Convention adjourned
+on January 5, 1815, all that the general public was permitted to know of
+its deliberations was contained in its famous report.
+
+The Convention was at no little pains to reassure a waiting world that
+it did not contemplate or countenance secession. It was not yet ready to
+concede that the defects in the Constitution were incurable nor that
+multiplied abuses justified a severance of the Union, "especially in a
+time of war." "If the Union be destined to dissolution, ... it should,
+if possible, be the work of peaceable times, and deliberate consent."
+But these philosophical considerations did not deter the author of the
+report from a vicious and partisan attack upon "the multiplied abuses of
+bad administrations."
+
+President Madison must have read this document with mingled feelings,
+for the Convention held, almost in the words of his Resolutions of 1798,
+that the infractions of the Constitution were so "deliberate, dangerous,
+and palpable" as to put the liberties of the people in jeopardy and to
+make it the duty of a State "to interpose its authority for their
+protection." The legislatures of the several States were recommended to
+adopt measures for protecting their citizens against all
+unconstitutional acts of Congress which should subject the militia or
+other citizens to forcible drafts, conscriptions, or impressments. They
+were also urged to apply to the Federal Government for consent to some
+arrangement whereby the States, separately or in concert, could
+undertake their own defense and retain a reasonable proportion of the
+national taxes for the purpose. Finally, seven amendments to the
+Constitution were proposed, to prevent a recurrence of the grievances
+from which the New England States suffered. Four of these proposed
+amendments put limitations upon Congress: a two-thirds vote of both
+houses was to be required to admit a new State, to interdict commerce,
+to lay an embargo, and to declare war. In future, representation and
+direct taxes were to be apportioned according to the respective numbers
+of free persons. Naturalized citizens were to be excluded from all
+federal civil offices; and finally--a blow at the Virginia
+dynasty--"the same person shall not be elected President of the United
+States a second time; nor shall the President be elected from the same
+State two terms in succession."
+
+The General Court of Massachusetts acted promptly. Three commissioners
+were dispatched at once to Washington, to work out an amicable
+arrangement for the defense of the State. On February 3, 1815, the
+"three ambassadors," as they styled themselves, set out for the capital.
+Ten days later, _en route_, they learned that General Andrew Jackson had
+decisively repulsed an attack of the British upon New Orleans on January
+8. On reaching Washington the commissioners were met with the news that
+a treaty of peace had been signed at Ghent. Their cause had met with the
+most unlucky fate which can befall any cause in the United States: it
+had become ridiculous. The tension of war-times relaxed in a roar of
+laughter at their expense.
+
+Early in the year 1813, Russia had endeavored to mediate between her
+ally and the United States. President Madison had at once, and as it
+appeared somewhat precipitately, sent Albert Gallatin and James A.
+Bayard as peace commissioners to St. Petersburg; but Great Britain
+declined the Czar's good offices. The American envoys, however, remained
+in Europe. When, then, in October, the British Ministry intimated that
+it was prepared to begin direct negotiations, President Madison created
+a new commission by sending John Quincy Adams, Henry Clay, and Jonathan
+Russell to join Gallatin and Bayard. In the last week in June, the
+commissioners repaired to Ghent, which had been chosen as the place of
+meeting. Thither the British negotiators followed them in leisurely
+fashion. The first joint conference was not held until August 8, 1814.
+
+The task of the American commissioners was one of very great difficulty.
+Confronted by the unexpected demand that the revision of the Canadian
+boundary, the fisheries, and the establishment of an Indian state in the
+Northwest should be included in the _pourparler_, they could only reply
+that they had been instructed to discuss only matters of maritime
+law--impressments, blockades, and neutral rights. There seemed so little
+likelihood of agreement that the American commissioners prepared to
+leave Ghent. But the British Ministry abated its extreme demands and
+continued the negotiations. At the same time new instructions from
+Washington advised the American representatives that they might drop the
+subject of impressments if they found it an insuperable obstacle in the
+way of peace.
+
+The insistence of the British agents upon the principle of _uti
+possidetis_--the state of possession at the close of the war--again
+threatened to break off negotiations, for the Americans resolutely
+insisted on the _status quo ante bellum_, a restoration of all places
+taken during the war. It was at this juncture that tidings arrived of
+the British repulse at Plattsburg. For a week the British Ministry
+debated the feasibility of renewing the war; but the complications at
+the Congress of Vienna, the "prodigious expense" of continued war, the
+change in public opinion, and the emphatic conviction of Wellington that
+the Ministry had "no right from the state of the war to demand any
+cession of territory"--these and many lesser considerations disposed the
+Cabinet to ask the American envoys to prepare a draft of a treaty.
+
+Strong differences of opinion developed among the Americans when they
+set to work upon their preliminary draft. As the representative of
+Western interests, Clay set himself obstinately against any further
+recognition of the British right--secured by the treaty of 1783--of free
+navigation of the Mississippi. Adams was equally determined not to
+sacrifice the correlative right to the Labrador and Newfoundland
+fisheries, which his father had secured in the Treaty of Paris.
+Gallatin, the peacemaker, was in favor of offering to renew both
+privileges; and he finally succeeded in winning Clay's reluctant assent
+to this plan. But when the British commissioners objected, both sides
+agreed to omit all reference to these vexing questions.
+
+The treaty which was signed on December 24, 1814, is remarkable for its
+omissions. The reader will scan it in vain for any allusion to
+impressments, blockades, and neutral rights. It is equally silent as to
+the control of the Lakes, Indian territories, the fisheries, and the
+navigation of the Mississippi. It was "simply a cessation of
+hostilities, leaving every claim on either side open for future
+settlement." Clay probably reflected the disappointment of Republicans
+when he pronounced it "a damned bad treaty." Nevertheless, it brought
+what was most desired by the exhausted Administration--peace. Moreover,
+the treaty must be viewed in the light of events in Europe. The
+overthrow of the Napoleonic Empire and the exile of Bonaparte gave
+promise of a return to normal conditions so far as maritime rights were
+concerned. The victories of American seamen in the war were after all
+better guaranties of neutral rights than any declarations on parchment.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     Besides the larger histories, which contain abundant information
+     about the war, mention should be made of B. J. Lossing's
+     _Pictorial Field-Book of the War of 1812_ (1868), written by one
+     who visited most of the battlefields of the war. A well-balanced
+     account of the military operations is contained in K. C. Babcock's
+     _The Rise of American Nationality_ (in _The American Nation_, vol.
+     XIII, 1906). Theodore Roosevelt, _The Naval War of 1812_ (various
+     editions); E. S. Maclay, _History of the United States Navy from
+     1775 to 1901_ (3 vols., 1901-02), and _History of American
+     Privateers_ (1899); J. R. Spears, _History of Our Navy_ (4 vols.,
+     1897); and C. O. Paullin, _Commodore John Rodgers_ (1910), give
+     the history of the maritime war. The most comprehensive study of
+     the naval operations of the war is the work by Admiral Mahan
+     already cited. The part of Jackson in the war is set forth in many
+     biographies. The most picturesque is James Parton, _Life of Andrew
+     Jackson_ (3 vols., 1860); the most recent is J. S. Bassett, _Life
+     of Andrew Jackson_ (2 vols., 1911). S. E. Morison, _Life and
+     Letters of Harrison Gray Otis_ (2 vols., 1913), gives a fresh
+     account of the disaffection in New England and of the Hartford
+     Convention. The peace negotiations at Ghent are set forth
+     circumstantially by Henry Adams in his _History of the United
+     States_ (9 vols., 1889-91).
+
+
+
+
+CHAPTER XIII
+
+THE RESULTS OF THE WAR
+
+
+In a message to Congress transmitting the treaty of peace, President
+Madison congratulated the country on the termination of a war "waged
+with a success which is the natural result of the wisdom of the
+legislative councils, of the patriotism of the people, of the public
+spirit of the militia, and of the valor of the military and naval forces
+of the country." The verdict of history does not sustain this pæan of
+victory. "The record, upon the whole," declares Admiral Mahan, "is one
+of gloom, disaster, and governmental incompetence, resulting from lack
+of national preparation, due to the obstinate and blind prepossessions
+of the Government, and, in part, of the people." Public opinion indorsed
+the President's estimate of the late struggle.
+
+As a matter of fact, the people of the United States had seen little of
+the disasters and ravages of war. All the important battles took place
+on the borders. The great mass of the people were undisturbed in their
+vocations. There was hardly a day during the war when a farmer could not
+till his acres in tranquillity. Not an important city save Washington
+was taken during the war. Nor was the loss of life large in proportion
+to population. All told, the killed and wounded did not exceed five
+thousand men. Napoleon lost nearly two hundred thousand French soldiers
+in his disastrous Russian campaign.
+
+American character appeared at its best and at its worst in these three
+years of war. Even the British press could not gainsay the
+resourcefulness and intelligence of the American soldier and sailor,
+though the phrase "Yankee smartness" conveyed also the unpleasant
+imputation of trickiness and moral laxity. Wherever conditions permitted
+a fair test, the superiority of the American gunner was incontestable.
+The greater losses of the British whenever the armies met on even terms
+proved the superior marksmanship of the American militiaman. The
+adaptation of the fast-sailing schooner to privateering was further
+evidence of an alert intellect which was quick to adapt means to ends.
+This quality, to be sure, has been bred in every frontier folk by the
+very necessities of existence, but it appeared in marked strength in the
+American of this time. While the shipbuilders of New England were laying
+the keels of these privateers, Robert Fulton was perfecting his
+steamboat on the Delaware and Hudson rivers. In the year before the war,
+the first steamboat appeared on the Ohio, and before the end of the war
+fourteen were plying on Western waters, and opening up a new era in the
+American colonization of the continent.
+
+This instinctive adaptation of means to ends was less successful in the
+realm of American politics. No celerity could compensate for want of
+prevision on the part of the authorities at Washington. The lesson of
+the war was not lost upon James Madison, at least. "Experience has
+taught us," said he in a message to Congress,--and the words amounted to
+a confession of error,--"that neither the pacific dispositions of the
+American people nor the pacific character of their political
+institutions, can altogether exempt them from that strife which appears,
+beyond the ordinary lot of nations, to be incident to the actual period
+of the world; and the same faithful monitor demonstrates that a certain
+degree of preparation for war is not only indispensable to avert
+disaster in the onset, but affords also the best security for the
+continuance of peace."
+
+The indirect effects of war were more widely felt. The blockade affected
+adversely all the extractive industries upon which the vast majority of
+the people in all the States depended. Only New England escaped
+unscathed--and the circumstance was not creditable to the section. In
+the latter months of 1814 ruin stared the Southern planter in the face.
+The lifting of the blockade wrought a transformation. Planters in the
+Old Dominion, who could find no market for their tobacco and wheat on
+February 13, sold their produce on February 14 at prices which made them
+rich again. Flour which had found almost no purchasers at seven and a
+half dollars a barrel sold readily at ten. Imported commodities fell in
+price correspondingly. Ships put to sea at once laden with the
+accumulated produce of two long years. The export trade, which had
+fallen to less than $7,000,000, leaped to $46,000,000 between March and
+October. Fully two thirds of this wealth accrued to the Southern
+planters who raised the three great staples, tobacco, cotton, and rice.
+The people of the Middle States shared only moderately in this
+prosperity. The value of the wheat and corn which the farmers of
+Pennsylvania, New York, and New Jersey raised for export did not much
+exceed that of tobacco alone.
+
+The return of peace brought relief also to the shipping industry of New
+England. Vessels which the embargo and the restrictive policy and the
+hazards of war had kept in port now put to sea again. But the European
+conditions which had created such immense profits for the Yankee skipper
+in 1805, 1806, and 1807 had passed away. Foreign ships now bid for the
+carrying trade of the Atlantic, and their competition cut down freight
+rates to a point which caused melancholy forebodings in the homes of
+Boston and Salem shipowners.
+
+The long period of commercial restriction followed by three years of war
+caused a dislocation of industry in New England. Capital which had been
+invested in shipping now sought larger returns in the manufacture of
+those commodities hitherto supplied by British factories. When the
+embargo was laid, only fifteen cotton mills were in operation,
+representing a capital of about $500,000. Two years later, capital to
+the amount of $4,000,000 had been invested in factories which employed
+nearly 4000 hands. At the close of the war, $40,000,000 were invested in
+cotton mills which consumed 27,000,000 pounds of raw cotton and gave
+employment to 100,000 men and women. Hitherto much of the weaving had
+been done on hand looms in the farmhouses of New England: only the
+spinning had been done by machinery. In 1814, Francis Lowell introduced
+the power loom into his mill at Waltham, Massachusetts, and brought the
+various processes of cotton manufacturing under one roof. The foundation
+of the New England factory system was thus laid before the end of the
+war. In the following decade the famous factory towns on the Merrimac
+came into existence. The metamorphosis of the section had begun.
+
+The woolen industry received a great impetus in this same period of
+artificial stimulation, but it failed to expand with the same rapidity,
+owing to the scarcity and cost of the finer grades of wool.
+Nevertheless, in the year 1816, about $12,000,000 were invested in the
+manufacture of woolen fabrics. Like the cotton industry, this owed its
+development to the policy of Presidents from Virginia. It is one of the
+ironies of history that Jefferson and Madison should have unwittingly
+sacrificed Southern planters to build up industries in the North, and
+that New Englanders should have excoriated those worthies for policies
+which became the source of New England prosperity.
+
+To these new industries peace spelled disaster. English manufacturers
+seized the opportunity to unload the goods which they had been piling up
+in their warehouses for years. Importations which had amounted to
+$13,000,000 in 1813 rose to the staggering sum of $147,000,000 in 1816.
+Not even import duties stemmed the tide, for as Lord Brougham stated in
+Parliament, "It was well worth while to incur a loss upon the first
+exportation, in order, by a glut, to stifle in the cradle those rising
+manufactures in the United States which the war had forced into
+existence, contrary to the natural course of things."
+
+In October, 1815, the cotton manufacturers of Rhode Island sent a
+memorial to Congress, stating that their one hundred and forty factories
+were threatened with destruction by this cut-throat competition. Such
+complaints seemed unduly apprehensive; yet before the year closed, most
+of the textile mills had shut down. The distress of New England was no
+longer feigned. Caught in a process of transition from shipping to
+manufacturing, capital could neither advance nor retreat. It was a
+legitimate case for governmental aid. Even Jefferson laid aside his
+early prepossessions in favor of a simple bucolic life for the American
+citizen, and admitted that "to be independent for the comforts of life,
+we must fabricate them for ourselves. We must now place the manufacturer
+by the side of the agriculturist." Madison, too, departed from the
+Virginia faith so far as to recommend sufficient protection of "the
+enterprising citizens whose interests are now at stake" to guard them
+"against occasional competition from abroad."
+
+Within sight of the blackened walls of the Capitol, in temporary
+quarters which it had rented, Congress set its hand to the work of
+national reconstruction. Before many months had passed, the new Capitol,
+under the supervision of Latrobe, began to rise from the ruins of the
+old, a symbol of a new era. On the walls of the rotunda, John Trumbull
+painted scenes which were to remind coming generations of the heroic
+days of the Revolution, and within its confines was eventually installed
+what was left of the library of Congress, with the gaps supplied in part
+by Jefferson's private collection, which Congress purchased. The new
+nation was not to disdain wholly the finer aspects of life nor to
+despise the garnered wisdom of the ages.
+
+In March, 1816, Congress took under consideration a tariff bill which
+had been drafted on lines marked out by the new Secretary of the
+Treasury, A. J. Dallas, of Pennsylvania. The debates brought out a wide
+diversity of interests. Daniel Webster represented admirably the mingled
+feelings of his New England constituents when he professed to favor
+existing manufactures, but deprecated any action calculated to produce
+new industries. He never wished to see the time when the young men of
+the country would be forced to close their eyes to heaven and earth, and
+open them in the dust and smoke of unwholesome factories. On the other
+hand, Calhoun, eschewing a narrow sectionalism, declared that
+manufacturing must be encouraged as a wise national policy. "Neither
+agriculture, manufactures, nor commerce, taken separately, is the cause
+of wealth," said he. "It flows from the three combined and cannot exist
+without each." The South showed little of the apprehension which John
+Randolph expressed when he cried, "Upon whom bears the duty on coarse
+woolens and linens and blankets, upon salt, and all the necessaries of
+life?" and answered, "On poor men, and on slaveholders."
+
+The bill which Congress eventually passed fixed somewhat lower duties
+than Dallas had advised. A duty of twenty-five per cent was placed on
+cotton and woolen goods until June 30, 1819, when it was to be reduced
+to twenty per cent. By what was known as the minimum principle, all
+cotton fabrics costing less than twenty-five cents a square yard were
+held to have cost that amount and were made to pay corresponding duties.
+The object of this provision was to exclude from India the coarser and
+cheaper cotton textiles which would menace the products of New England
+looms. Other important articles were made subject to higher duties, such
+as rolled and hammered iron, leather goods, hats, carriages, and
+writing-paper. A comparison of these duties with those of the tariff of
+1789 shows a marked increase. Where the average duty was seven and one
+half per cent in 1789, it was thirty per cent in the tariff of 1816. So
+far as the intent of the law is concerned, this tariff act committed the
+country to a fiscal policy in which "revenue was subordinated to
+industrial needs."
+
+Although the largest vote against the tariff bill came from the South
+and Southwest, twenty-three out of fifty-seven Representatives voted for
+the bill. New England showed a prepondering opinion in favor of
+protection: only ten out of twenty-seven Representatives opposed the
+bill. The Representatives of the Middle States ranged themselves
+emphatically on the side of protection; and with them stood the
+Congressmen from Ohio and Kentucky.
+
+The close of the war found the country with a badly disordered currency
+and with a bankrupt treasury. Nowhere were the remedial efforts of
+Congress needed more. The condition of the currency was due, in part at
+least, to the failure of Congress in 1811 to perceive the regulative
+influence of a national bank. By refusing to recharter the United States
+Bank, Congress not only deprived the Treasury of an exceedingly valuable
+fiscal agent during the war, but also threw the door wide open to
+indiscriminate and unregulated state banking. Between 1811 and 1816 the
+number of these state institutions increased from eighty-eight to two
+hundred and forty-six, all of which exercised the right of issuing notes
+with little or no restriction. Inflation followed inevitably. During the
+blockade the banks of the Middle and Southern States suffered great
+distress by the constant drain of specie to New England and abroad.
+After the capture of Washington, practically all banks outside of New
+England were forced to suspend specie payments. The country experienced
+once more all the evils of a depreciated currency. Southern bank notes
+were refused for deposit in Philadelphia banks. Notes of these
+institutions in Philadelphia, in turn, were subject to a discount of
+twenty-four per cent in Boston. Uncertainty and distrust demoralized
+financial operations everywhere.
+
+Wiser by the experience of five years, Congress was now disposed to
+establish another national bank. A first bill, however, fell short of
+the President's desires and was vetoed. A second bill became law on
+April 10, 1816. The provisions of this Bank of the United States
+differed in several particulars from that chartered in 1790. Its capital
+was three and one half times as large. One fifth of the total capital
+of $35,000,000 was to be subscribed by the Government, and the remainder
+by individuals. Five of the twenty-five directors were to be appointed
+by the President of the United States. The funds of the Government were
+to be deposited in the Bank unless the Secretary of the Treasury should
+otherwise direct, laying his reasons for any such change before
+Congress. In return for the privileges granted in the charter, the Bank
+was required to transfer the government funds from place to place
+without charge, and to pay $1,500,000 to the Government. On its side the
+Government agreed not to charter any other bank except in the District
+of Columbia. The circulation of the Bank was limited to the amount of
+its capital. Its notes were to be payable on demand in specie and to be
+receivable in all payments to the Government.
+
+Such an institution gave promise of serving the Government as a sound
+fiscal agent and of assisting materially in the restoration of the
+currency to a specie basis. The stock was subscribed promptly by 31,334
+individuals, all but three thousand of whom resided in the Middle
+States. New England was still reluctant to support the plans of Mr.
+Madison; the South had other uses for its capital. To facilitate the
+resumption of specie payments, Congress passed a joint resolution, that
+after February 20 of the following year (1817), all dues to the
+Government should be paid in specie, treasury notes, national bank
+notes, or notes of banks payable in the "said currency of the United
+States." This was strong medicine for the state banks. Unwilling or
+unable to contract their circulation and to call in their loans, the
+banks of the Middle States asked to have the date of resumption
+deferred, on the ostensible ground that the new bank could not be
+organized in time to assist them. The energetic Secretary of the
+Treasury disposed of this plea by putting the Bank in operation in
+January, 1817. On the date set by Congress the banks very generally
+resumed specie payments.
+
+The propulsive force given to the Government by the war seemed likely to
+continue. The task of the National Government no longer seemed merely
+negative,--to "restrain men from injuring one another," in the
+Jeffersonian phrase,--but positive and constructive. Even Madison, in
+his annual message of 1815, recommended liberal provision for defense,
+more military academies, an improved and enlarged navy, protection to
+manufactures, new national roads and canals, and a national university.
+He gave his support to Monroe's proposal to fix the peace establishment
+at twenty thousand men; and he experienced the unique sensation of
+finding himself in advance of his party, which finally agreed upon an
+army of ten thousand men. Still more striking evidence of the change
+which had passed over the party of Jefferson was its willingness to
+retain the entire naval establishment and to appropriate $4,000,000 for
+frigates and ships-of-the-line. Clay and Calhoun, speaking for the
+younger Republicans, agreed that the greatest danger of the future lay
+in weak government. They were not in the least intimidated by the
+addition of $80,000,000 to the national debt as the result of war. That
+sum represented to their minds simply the price, none too large, of
+commercial and industrial independence.
+
+These young aggressive spirits seemed at times quite indifferent to nice
+questions of constitutional law. Calhoun dismissed constitutional
+objections to a national bank with a wave of the hand: he thought
+discussion of such abstract themes "a useless consumption of time." On
+introducing his bill for internal improvements, in December, 1816, he
+intimated that he did not propose to indulge in metaphysical subtleties
+respecting the Constitution. "The instrument was not intended as a
+thesis for the logician to exercise his ingenuity on; ... it ought to be
+construed with plain good sense." If Clay exhibited more sensitiveness
+to constitutional limitations, it was because he had to clear himself
+from the charge of inconsistency. In supporting the Bank Bill in 1816 he
+frankly confessed that he had changed his mind on the point of
+constitutionality. He had believed the incorporation of a bank in 1811
+unwarranted by the Constitution; but conditions had changed. What was
+then neither necessary nor proper was now both necessary and proper. The
+interpretation of the Constitution must always take existing
+circumstances into account. If Clay did not add to his reputation as an
+expounder of the Constitution by this speech, he represented admirably,
+nevertheless, the changes which circumstances had wrought in the
+convictions of his associates.
+
+Against these new tendencies John Randolph set himself stark and grim.
+"The question is," said he, replying to Calhoun's new nationalism,
+"whether or not we are willing to become one great consolidated nation,
+or whether we have still respect enough for those old, respectable
+institutions [the States] to regard their integrity and preservation as
+a part of our policy." Randolph spoke for a generation which was passing
+away; but his words touched a responsive chord in the breast of
+President Madison. On March 3, 1817, as he was about to leave office, he
+sent to Congress a message vetoing the Internal Improvements Bill and
+warning his party associates of the danger of latitudinarian views of
+the Constitution. This message was Madison's farewell address. It was
+thoroughly characteristic of the man and the statesman.
+
+The relaxing of Republican doctrines, and of party ties generally,
+divested the presidential election of any real political significance.
+The Federalists were thoroughly discredited. As a party they made no
+concerted effort to nominate candidates. Virtually, therefore, the
+selection of a President rested with the congressional caucus of the
+Republican party. The choice lay between two members of the President's
+Cabinet: James Monroe, Secretary of State, and William H. Crawford,
+Secretary of the Treasury. Governor Tompkins, of New York, was put
+forward by enthusiastic partisans from that State, but he was not a
+national figure in any sense and commanded no support outside of his
+State. Intrigue played a part in this caucus, if contemporary testimony
+may be believed. Tradition has it that Martin Van Buren and Peter B.
+Porter prevented their New York delegation from voting for Crawford and
+thus threw the nomination to Monroe. Governor Tompkins was the choice of
+the caucus for Vice-President. No one could safely affirm that these
+nominees were the choice of the rank and file of the party. Here and
+there public meetings were held to protest against the dictation of the
+congressional caucus; but no organized opposition developed. The
+campaign proved to be a tame affair. Nowhere was there a real contest.
+Only three States, Massachusetts, Connecticut, and Delaware, chose
+Federalist electors. Not a ripple of excitement stirred the public when
+announcement was finally made that Monroe had received 183 electoral
+votes and Rufus King, 34. For the fourth time a Virginian had been
+raised to the Presidency.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     Of the general histories, only that by McMaster contains any great
+     amount of information bearing on the economic changes wrought by
+     war and the preceding period of commercial restriction. Adams
+     summarizes the economic results of war in a single chapter in the
+     last volume of his work. K. C. Babcock, _The Rise of American
+     Nationality_ (in _The American Nation_, vol. 13, 1906), attempts
+     the same task. Besides the manuals on economic history which have
+     already been mentioned, there are several excellent volumes
+     dealing with various phases of national life: such as, D. R.
+     Dewey, _Financial History of the United States_ (1903); F. W.
+     Taussig, _Tariff History of the United Stales_ (rev. ed., 1913);
+     R. C. H. Catterall, _The Second Bank of the United Stales_ (1903);
+     J. L. Bishop, _History of American Manufactures from 1608-1860_ (2
+     vols., 1861-64); C. W. Wright, _Wool-Growing and the Tariff_
+     (1910). Among the biographies of statesmen of the new generation,
+     the best are: G. T. Curtis, _Life of Daniel Webster_ (2 vols.,
+     1869); W. W. Story, _Life and Letters of Joseph Story_ (2 vols.,
+     1851); G. Hunt, _John C. Calhoun_ (1908).
+
+
+
+
+CHAPTER XIV
+
+THE WESTWARD MOVEMENT
+
+
+At the end of the second decade of the nineteenth century, the people of
+the United States were still in the main a homogeneous folk, native-born
+descendants of native-born ancestors. The tide of immigration which was
+by the end of the century to inundate the nation and transform its
+character was just beginning to flow. Its volume between the close of
+the Revolution and the year 1820, when the first official statistics
+were collected, must remain a matter of conjecture. In 1817, the
+painstaking Niles, in his _Register_, estimated that about twenty-two
+thousand immigrants had arrived in that year in the ports of New York,
+Philadelphia, and Boston, of whom four thousand were Germans and the
+rest inhabitants of the British Isles. Fully one half of these British
+subjects were brawny Irishmen, often a turbulent lot, but always in
+demand for hard labor on the roads and canals which were projected in
+every part of the Union. Among these newcomers, however, were many
+undesirables. Not a few English parishes emptied their poorhouses by
+sending the helpless inmates to the New World. Some of these deported
+paupers, no doubt, found a livelihood and became respectable citizens;
+but the records of almshouses in the Eastern States indicate that many
+of these unfortunates had only exchanged one asylum for another. In the
+Philadelphia poorhouses in the early thirties, from one third to one
+half of the inmates were foreign-born. Cargoes of redemptioners came
+into American ports as late as the year 1818. Of that traffic which was
+bringing helpless Africans into bondage in the Southern States, more
+will be said in a subsequent chapter.
+
+Among the new arrivals, it goes without saying, were men and women, who,
+and whose descendants, contributed mightily to the building up of
+American Commonwealths. Entire communities seeking an asylum in the New
+World continued to arrive as in the early years of the seventeenth
+century. In 1817, a body of German separatists from Württemberg, under
+the leadership of Joseph Baumeler, landed at Philadelphia. Like the
+English Pilgrims they sought freedom from religious persecution, but the
+Plymouth which they founded was on a new frontier--at Zoar in the
+wilderness of Ohio.
+
+What particularly impressed every foreign traveler in America during
+these years of transition and expansion was the incessant movement of
+society. The earlier westward movement of population had never wholly
+ceased, but it had been retarded by the war. The return of peace was
+like the first warm days of spring. The roads leading West were fairly
+inundated by a swelling stream of emigrants. An observer at the Genesee
+turnpike noted a train of some twenty wagons and one hundred and sixteen
+persons on their way to Indiana from a single town in Maine. A traveler
+on his way from Nashville to Georgia, in January, 1817, met an
+astonishing number of people from the Carolinas and Georgia who were
+bound for the cotton lands of Alabama. He counted over two hundred
+conveyances and three thousand people, driving herds of cattle and
+droves of hogs before them. But the great highway to the West lay
+through Pennsylvania. On the road from Chambersburg to Pittsburg,
+Fearon, an intelligent and in such particulars a trustworthy English
+traveler, counted one hundred and three stage-wagons, drawn by four and
+six horses, proceeding from Philadelphia and Baltimore to Pittsburg, and
+seventy-nine wagons bound in the opposite direction. "On the road,"
+comments Fearon, "every emigrant tells you he is going to Ohio; when you
+arrive in Ohio, its inhabitants are 'moving' to Missouri and Alabama;
+thus it is that the point for final settlement is forever receding as
+you advance, and thus it will hereafter proceed, and only be terminated
+by that effectual barrier--the Pacific Ocean."
+
+To this emigration all sections of the Union contributed. In the
+back-country of New England--in Maine, New Hampshire, Vermont, and
+western Massachusetts--was a restive population little loved by the
+governing class. President Timothy Dwight, of Yale College, described
+these people as "impatient of the restraints of law, religion, and
+morality," contentious, always complaining, and always indebted. They
+were likely to be Baptists or Methodists, by persuasion, and Democrats
+in politics. As small farmers their lot was a hard one. They needed only
+the incentive of cheap lands in the West to sever the slender ties which
+bound them to the stony hillsides of New England. Yet the older towns of
+New England also complained of the Western fever which was carrying off
+the available labor supply. Fearon found "the small and middling
+tradesmen" always ready to sell out when business got bad and "pack up
+for the back-country." The immediate destination of these New Englanders
+was western New York. Within a decade what had been a frontier area was
+filled with an industrious population eager to secure markets for the
+surplus products of their farms.
+
+[Map: Land Sales and Land Offices to 1821]
+
+Before a very large number of New Englanders passed beyond western New
+York, emigrants from the Middle States were pushing into the Ohio
+country, where Harrison's victories had opened vast tracts to the white
+settlers. The earliest settlers in Indiana and Illinois, however, were
+of Southern extraction. Tennessee and Kentucky, having no longer a
+supply of good land at low prices, sent the younger generation on to a
+new frontier. In the year 1816 the father of Abraham Lincoln took his
+family across the Ohio on a raft and hewed his way into the timber lands
+along the river bottoms of Indiana. With these migratory Kentuckians
+went also descendants of the Germans and the Scotch-Irish who had
+peopled the Great Valley in the previous century. Even from the
+Carolinas came all sorts and conditions of men,--poor whites, Quakers,
+Baptists,--small farmers whom the advancing plantation system was
+driving from the uplands.
+
+Even more significant than this advance of population into the region
+north of the Ohio was the contemporaneous movement from the Southern
+Seaboard States into the cotton lands of the Gulf plains. The way had
+been prepared by Andrew Jackson's conquest of the Creeks. Alabama was
+the immediate goal of the migrating Southerner. From Kentucky, also, but
+more particularly from Tennessee, stalwart pioneers entered this new El
+Dorado. The father of Jefferson Davis was one of those who tried their
+luck in the alluvial plains of the lower Mississippi. By the year 1820,
+the area of settlement had extended from southern Tennessee to Mobile,
+and from Mobile to the Mississippi along the Gulf.
+
+[Illustration: The Cotton Crop in the United States 1801-1834
+  Based on Estimates furnished to Congress by the Secretary of Treasury
+  Figures indicate the crop in million pounds
+  Shaded segments indicate the Gulf States]
+
+The causes and consequences of this colonization of the Southwest form a
+vital chapter in the economic history of the country. In the year before
+the war, Virginia, the Carolinas, and Georgia produced 75,000,000 pounds
+of cotton; the only other cotton-raising States, Tennessee and
+Louisiana, produced 5,000,000 pounds. Ten years later, the Seaboard
+States raised 117,000,000 pounds; the Southwest, 60,000,000. In another
+decade the States of the Southwest had outstripped the Old South. This
+comparison throws a flood of light upon Southern history. The invention
+of the cotton gin had made possible the cultivation of the short-staple
+cotton plant, which was the only variety that could be raised profitably
+in the uplands. Occurring just at the moment when the use of the power
+loom in factories was giving an unprecedented stimulus to the
+manufacture of cotton, the cotton gin worked a revolution in Southern
+life and industry. From the tidewater, with its large plantations
+worked by African slaves, the cultivation of cotton passed into the
+region above the fall-line of the rivers, where the small farmer
+practiced a diversified agriculture. Socially and politically the two
+regions had always been distinct. The gentlemen planters of the
+tidewater, with much the same outlook as the English gentry of the same
+period, regarded the democratic yeomen of the Piedmont with distrust not
+unmixed with contempt. By excluding them from their proportionate
+representation in the state legislatures, the aristocratic planters
+maintained an ascendency which was at once political and social. But as
+cotton-growing became more profitable and advanced into the interior,
+the farmer of the uplands found himself pushed to the wall. Either he
+must adopt the plantation system and purchase slaves, or sell his land
+and move on. For want of capital large numbers chose the latter
+alternative and swelled the numbers of those who had already set their
+faces westward.
+
+The communities which within six years after the Treaty of Ghent were
+admitted into the Union as the States of Mississippi and Alabama, did
+not at first differ materially from Indiana and Illinois, which became
+Commonwealths at the same time. Much the same obstacles confronted the
+pioneer in the pine forests of Mississippi as in the hard woods of the
+Northwest. Either as squatter or _bona fide_ purchaser he had with the
+aid of his neighbors hewed out a clearing, or single-handed girdled the
+trees, and laid the sills of his log cabin. A "raising" or "frolic" was
+one of the few opportunities for social intercourse in the hard life of
+the frontiersman. Between the stumps of his clearing he planted his
+first crop of Indian corn; and what the soil did not yield for his
+sustenance, he supplied with his trusty rifle. Time wrought vast
+transformations in these new communities. The thriftless, who scratched
+the surface of the ground and then sold out to a newcomer of sterner
+fiber, passed on to a new frontier. Log cabins gave way to frame houses.
+Clearings became well-tilled farms. Better methods of cultivation
+extracted a surplus of produce which could be sent to market. Along the
+rivers of the Northwest, cities sprang up like mushrooms.
+
+From this point the history of the Southwest diverged from that of the
+Northwest. The virgin lands of the Gulf attracted also the planter with
+his capital invested in African slaves. Once again the small farmer felt
+the combined pressure of social and economic forces. He saw his
+wealthier neighbor acquire the more fertile lands; he found himself
+thrust into a socially inferior class; and again he yielded to fate.
+While a democratic society of self-reliant yeomen was developing in the
+northern half of the Mississippi Valley, a society based upon a
+plantation economy and aristocratic in its outward characteristics was
+forming in the Gulf States. Yet in its aggressiveness and commercial
+enterprise, the new South resembled the Northwest rather than the old
+South.
+
+[Map: The West as an Economic Section in 1820]
+
+While the South was producing staples for an ever-growing market, it
+became itself the market for the surplus products of the Northwest. An
+active internal trade sprang up between the sections in spite of the
+natural barriers to commercial intercourse. Live stock could be driven
+to market. It was a common occurrence to see droves of thousands of
+"razor-back" hogs on their way from Kentucky to the Seaboard States,
+feeding on nuts and roots by the way. Rivers were the chief highways for
+such produce as could not provide for its own locomotion. The Western
+waters floated all sorts of craft, from the lumber raft to the flatboat,
+laden with pork, cheese, butter, flour, corn, and whiskey. The greater
+part of these boats were makeshifts, and made no return voyage. It was
+not until 1809 that a barge was warped upstream from New Orleans to
+Nashville. The entire traffic on the Mississippi and the Ohio was
+carried on until 1817 in less than a score of keel boats, which made the
+voyage downstream from Louisville to New Orleans in about forty days,
+and upstream in ninety. When, then, a steamboat succeeded in making a
+return voyage in twenty-five days, it was hailed as an epoch-making
+performance. In the next year twenty steamboats were competing for the
+river traffic; and three years later (1820) seventy-two were in actual
+service. Yet the steamboat did not drive the flatboat from the Western
+rivers. So late as 1840 one fifth of the freight handled on the lower
+Mississippi was carried in flatboats or barges.
+
+The rapid rise of this internal commerce between the farmer of the
+Northwest and the cotton planter of the South increased the ability of
+both to purchase manufactures in the Eastern markets. Both sections had
+wants which they could not supply by their simple household industries.
+They had to import not only their farming implements, but most of those
+articles, useful or ornamental, which were thought indispensable to a
+higher civilization. "Spots in Tennessee, in Ohio, and Kentucky,"
+comments an English traveler, "that within the lifetime of even young
+men, witnessed only the arrow and the scalping knife, now present the
+traveler with articles of elegance and modes of luxury which might rival
+the displays of London and Paris." Most of this stock was transported
+over the mountains from Philadelphia or Baltimore. In 1820, three
+thousand wagons carried to Pittsburg, the distributing center of the
+West, nearly eighteen million dollars' worth of merchandise.
+
+The commercial interests of the East were quick to see the possibilities
+of this new market. An eager rivalry sprang up between the merchants of
+New York, Philadelphia, and Baltimore. Everywhere ways and means of
+cheaper transportation were discussed. In this subject the Western
+farmer was vitally interested, for freight charges added nearly one
+third to the cost of merchandise transported over the mountains. The
+cotton planter of the Seaboard States, also, feeling the competition of
+the Southwest, where riverways were abundant and easily navigable, saw
+the need of better roads to tidewater, in order to lessen the cost of
+marketing his produce.
+
+The popular demand for better roads was not recent. All the States had
+encouraged, directly or indirectly, the building of turnpikes and
+bridges. Between 1793 and 1812, Pennsylvania had chartered fifty-five
+turnpike companies, and other States had been scarcely less ready to
+grant articles of incorporation to stock companies. Private enterprise
+had, indeed, done much to improve communication along the seaboard.
+Turnpikes and bridges had shortened the journey by stage from Boston to
+Washington to four and a quarter days by the year 1815. The city of New
+York was in 1816 within twenty-four hours of Albany by the Hudson River
+steamboats.
+
+Numerous canal companies had also been chartered; but of all the canals
+projected, only three had been completed when the War of 1812 began: the
+Dismal Swamp Canal in Virginia, the Santee Canal in South Carolina, and
+the Middlesex Canal in Massachusetts. It remained for New York to usher
+in a new era in internal communication by authorizing in 1817 the
+construction of the Erie Canal. In the ardent imagination of its chief
+promoter, De Witt Clinton, this canal was destined to be "a bond of
+union between the Atlantic and Western States" and "an organ of
+communication between the Hudson, the Mississippi, the St. Lawrence, the
+Great Lakes of the North and West, and their tributary rivers," creating
+"the greatest inland trade ever witnessed" and transforming New York
+into a vast emporium of commerce and "the granary of the world."
+
+This bold bid for Western trade alarmed the merchants of Philadelphia,
+particularly as the completion of the national road threatened to divert
+much of their traffic to Baltimore. In 1825, the legislature of
+Pennsylvania grappled with the problem by projecting a series of canals
+which were to connect its great seaport with Pittsburg on the west and
+with Lake Erie and the upper Susquehanna on the north.
+
+The magnitude of the transportation problem was such, however, that
+neither individual States nor private corporations seemed able to meet
+the demands of an expanding internal trade. As early as 1807, Albert
+Gallatin had advocated the construction of a great system of internal
+waterways to connect East and West, at an estimated cost of $20,000,000.
+But the only contribution of the National Government to internal
+improvements during the Jeffersonian era was an appropriation in 1806 of
+two per cent of the net proceeds of the sales of public lands in Ohio
+for the construction of a national road, with the consent of the States
+through which it should pass. By 1818 the road was open to traffic from
+Cumberland, Maryland, to Wheeling, Virginia.
+
+In 1816, with the experiences of the war before him, no well-informed
+statesman could shut his eyes to the national aspects of the problem.
+Even President Madison invited the attention of Congress to the need of
+establishing "a comprehensive system of roads and canals." Soon after
+Congress met, it took under consideration a bill drafted by Calhoun
+which proposed an appropriation of $1,500,000 for internal improvements.
+Because this appropriation was to be met by the moneys paid by the
+National Bank to the Government, the bill was commonly referred to as
+the "Bonus Bill." "Let it not be forgotten," said Calhoun in advocacy of
+his bill, "that it [the size of the Union] exposes us to the greatest of
+all calamities,--next to the loss of liberty,--and even to that in its
+consequences--disunion. We are great, and rapidly--I was about to say
+fearfully--growing. This is our pride and our danger; our weakness and
+our strength.... We are under the most imperious obligation to
+counteract every tendency to disunion.... Whatever impedes the
+intercourse of the extremes with this, the center of the Republic,
+weakens the Union."
+
+The one section which was impervious to these national considerations at
+this moment was New England; but it was President Madison, and not New
+England, who defeated the Bonus Bill. On the day before he left office,
+Madison sent to Congress a notable veto message. Reverting to his
+earlier faith, he pronounced the measure unconstitutional. Neither the
+express words of the Constitution nor any fair inference could, in his
+judgment, warrant the exercise of such powers by Congress. To pass the
+bill over his veto was impossible. Monroe, too, in his first message to
+Congress intimated that he also held strict views of the powers of
+Congress. The policy of internal improvements by Federal aid was thus
+wrecked on the constitutional scruples of the last of the Virginia
+dynasty.
+
+Having less regard for consistency, the House of Representatives
+recorded its conviction, by close votes, that Congress could appropriate
+money to construct roads and canals, but had not the power to construct
+them. As yet the only direct aid of the National Government to internal
+improvements consisted of various appropriations, amounting to about
+$1,500,000 for the Cumberland Road.
+
+Circumstances were also pressing the claims of the Far West upon the
+Government. Beyond the scattered settlements of Illinois and Indiana
+extended vast forests, known only to the Indians and the fur traders.
+With the experiences of the war fresh in mind, the new Secretary of War,
+Calhoun, urged upon the Government the necessity of taking resolute
+measures to hold this territory. Laws excluding foreigners from the
+Indian trade were passed; forts were established at strategic points
+like Chicago, Prairie du Chien, and Green Bay; and in 1820, Governor
+Cass, of the Michigan Territory, was sent on an expedition through the
+Wisconsin forests into Minnesota, to assert American claims wherever
+British influence was still felt.
+
+Still farther west lay an almost unknown region of imperial dimensions.
+Save where venturesome pioneers had pushed up the Arkansas and the
+Missouri, and where the Spaniards maintained their feeble hold in the
+Southwest, no white men inhabited the great prairies which swept
+westward to the foothills of the Rockies. Only nomadic Indian tribes and
+occasional traders followed the buffalo trails across this wide expanse.
+Between the Rocky Mountains and the Pacific was the region which Lewis
+and Clark had penetrated. Along the valley of the northern branch of the
+Columbia River, the Hudson's Bay Company had planted their trading
+posts. Farther to the south lay Spanish California and the ill-defined
+region to the eastward over which _presidios_ maintained a shadowy
+jurisdiction.
+
+On October 20, 1818, Benjamin Rush and Albert Gallatin, ministers to
+England and France respectively, concluded a convention with Great
+Britain which left the fate of the Oregon country in suspense for a
+period of ten years. To the British claims of prior discovery by Cook
+and Mackenzie and of prior occupation by the Hudson's Bay Company, the
+American commissioners opposed the claims based on the voyage of Captain
+Gray in 1792 and on the founding of Astoria by John Jacob Astor in 1811.
+It was finally agreed that the northern boundary of the United States
+should run from the Lake of the Woods to the Stony Mountains, along the
+forty-ninth parallel, and that the disputed country beyond the mountains
+should be occupied jointly for a period of ten years. An agreement was
+also reached regarding the Newfoundland and Labrador fisheries.
+
+On another frontier conditions existed to which Congress could not
+remain indifferent. East Florida was still a thorn in the side of
+Georgia and Alabama. The province had become a rendezvous for pirates,
+filibusters, renegade Indians, and runaway negroes. Creek warriors who
+would not submit to the loss of their lands had taken refuge with their
+kinsmen, the Seminoles, and were inciting malcontents of every stripe
+against the whites. A band of negroes, estimated at not less than a
+thousand in number, together with some Creek Indians, had taken
+possession of an abandoned fort on the Apalachicola and had terrorized
+the country for miles around. The Spanish commander at Pensacola was
+summoned to destroy this pirates' nest and to disperse the marauders;
+but he was either unable or unwilling to do so, and in 1816 a red-hot
+shot from a United States gunboat blew up the magazine of the negro
+fort, killing nearly three hundred men, women, and children. Early in
+1818, in equally summary fashion troops of the United States expelled a
+band of freebooters from Amelia Island.
+
+The slight regard which the United States paid to the territorial
+sovereignty of Spain in Florida sprang from a general conviction that
+Spain could not and would not observe the provisions of the Treaty of
+1795. Spain had then agreed to restrain the Indians living within her
+borders from attacking the citizens or Indians of the United States.
+President Monroe seemed to assume that Spain had forfeited her rights
+over Florida. At all events, he authorized General Andrew Jackson to
+assume command of the forces at Fort Scott and to call on the governors
+of adjacent States for militia to terminate the war. This order of
+December 26, 1817, was stated in dangerously broad terms. Jackson did
+not doubt for an instant that it authorized him to pursue the Indians
+into Florida. To his mind the time seemed opportune for the seizure of
+East Florida as an indemnity for the outrages committed by the
+Seminoles. He wrote to the President to this effect. "Let it be
+signified to me," said he, "through any channel (say Mr. J. Rhea) that
+the possession of the Floridas would be desirable to the United States
+and in sixty days it will be accomplished."
+
+To his dying day Jackson maintained that the President signified his
+approval through Congressman Rhea, of Tennessee. Monroe denied that he
+had read Jackson's letter until after the exploits which so nearly
+plunged the country into war with Spain. Whatever may be the truth of
+the matter, General Jackson acted in accord with what he believed to be
+the President's desires. With a thousand men he marched across the
+border and was soon in possession of St. Mark's. Among those who fell
+into his hands was Alexander Arbuthnot, a Scotch trader who was
+suspected of inciting the Indians. Continuing his march, Jackson
+surprised and captured Suwanee, another rendezvous of Indians and
+runaway negroes. Here he found Robert Ambrister, another British
+subject, who was also regarded as a suspicious character. Returning to
+St. Mark's, Jackson handed these two suspects over to a court martial,
+which found both guilty of giving aid and comfort to the enemy and of
+inciting or waging war against the United States. Arbuthnot was hanged
+from the yardarm of his own schooner; Ambrister was shot. The fall of
+Pensacola finished the campaign. By the end of May, 1818, Florida was in
+the possession of the troops of the United States and Jackson was on his
+way to Tennessee, the idol of his men and a national hero in the
+estimation of the people of the Southwest.
+
+The outcome of these exploits might easily have been war with both Spain
+and Great Britain. Don Luis de Onis, the Spanish Minister at Washington,
+immediately suspended the negotiations then in progress respecting the
+Floridas and made a spirited protest "against these acts of hostility
+and invasion." He demanded the immediate restitution of the places which
+had been seized, indemnity for all damage to property, and the
+punishment of General Jackson. As for Great Britain, Lord Castlereagh
+afterward said that, such was the temper of Parliament and the country,
+war might have been produced by holding up a finger and an address to
+the Crown carried by an almost unanimous vote.
+
+The Cabinet of President Monroe was divided over the course to be
+pursued. Calhoun insisted that Jackson had virtually committed an act of
+war, which should be promptly disavowed. But Adams held--and the
+President was inclined to side with him--that in reality Spain had been
+the aggressor, and that Jackson had not violated the spirit of his
+orders. In order to terminate the war, Jackson had been obliged to cross
+the Spanish line. He had not done so with the purpose of waging war upon
+Spain.
+
+[Map: Treaty with Spain 1819]
+
+Following a memorandum made by the President, Adams replied to Don Onis
+in this spirit. Later, in a masterly state paper, he set forth the
+intolerable conditions which obtained on the Florida frontier. The lax
+conduct of the Spanish authorities was held to justify the aggressive
+measures of Jackson. The United States was prepared to restore Pensacola
+and St. Mark's whenever Spain should give guaranties for the observance
+of treaty obligations. So far from consenting to punish Jackson, the
+United States demanded the punishment of those Spanish officials who had
+so flagrantly violated the obligations of the Treaty of 1795. "Spain
+must immediately make her election either to place a force in Florida at
+once adequate for the protection of her territory and to the fulfillment
+of her engagements, or cede to the United States a province of which she
+retains nothing but the nominal possession." This latter alternative,
+indeed, the Administration never lost from view.
+
+Confronted by the revolt of all her American colonies, Spain could
+hardly resist this insistent pressure upon a province which she could
+neither govern nor defend. On February 22, 1819, Don Onis set his hand
+to a treaty which ceded the Floridas in return for the assumption by the
+United States of claims of American citizens against her to an amount
+not exceeding $5,000,000. The treaty contained also a definition of the
+boundary between Spanish and American possessions on the North American
+continent. Beginning at the mouth of the Sabine River, the line ran
+along that river to the thirty-second parallel; thence due north to the
+Red River, which it followed to the hundredth meridian; thence north to
+the Arkansas and along that river to its source; thence to the
+forty-second parallel, which it followed to the Pacific. As the United
+States renounced all claims to the west and south of this boundary, so
+Spain surrendered whatever shadowy title she had to the Northwest.
+
+The ratification of the Florida Treaty was delayed by the attempt of the
+Spanish Crown to grant extensive tracts to certain grandees, and by the
+vigorous opposition of Henry Clay in the House of Representatives. The
+treaty seemed to him a bad bargain. "What do we get?" he cried. "We get
+Florida loaded and encumbered with land grants which leave scarcely a
+foot of soil for the United States. What do we give? We give Texas free
+and unencumbered, and we surrender all our claims on Spain for damages
+not included in that five millions of dollars." He challenged the right
+of the President and Senate to alienate territory without the consent of
+the House. Behind Clay's opposition lay some personal pique against the
+President and his Secretary of State; but he voiced, nevertheless, the
+spirit of the Southwest, which already looked toward Texas as a possible
+field of expansion and resented its surrender.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     The westward movement is described in various chapters of volumes
+     IV and V of McMaster, _History of the People of the United
+     States_. The significance of the movement is best explained in F.
+     J. Turner, _Rise of the New West, 1819-1829_ (in _The American
+     Nation_, vol. 14, 1906), which contains also excellent chapters on
+     the social and economic life of the different sections of the
+     country. The highways and waterways to the West are described in
+     A. B. Hurlbert, _Historic Highways of America_ (10 vols.,
+     1902-05). A summary account of the development of transportation
+     is given in J. L. Ringwalt, _Development of Transportation Systems
+     in the United States_ (1888). Among the biographies which
+     contribute materially to an understanding of the new West may be
+     mentioned Theodore Roosevelt, _Thomas H. Benton_ (1887), and James
+     Parton, _Life of Andrew Jackson_ (3 vols., 1860). Edward
+     Eggleston, _The Circuit Rider_ (1888), and the _Autobiography of
+     Peter Cartwright_ (1856), touch upon important aspects of frontier
+     life. The importance of the German element in American history is
+     admirably set forth in Faust, _The German Element in the United
+     States_ (2 vols., 1909). The spread of New Englanders in the West
+     is described by L. K. Mathews, _The Expansion of New England_
+     (1909). The diplomatic negotiations which resulted in the cession
+     of Florida are reviewed by F. E. Chadwick, _The Relations of the
+     United States and Spain_ (1909).
+
+
+
+
+CHAPTER XV
+
+HARD TIMES
+
+
+The phrase "era of good feelings" applied to the Administration of
+President Monroe is a misnomer. It is descriptive neither of politics
+nor of business and industry, for the historic Democratic party was all
+but rent by bitter personal animosities, and the country was prostrated
+by a severe industrial crisis.
+
+The first symptoms of hard times appeared in the early months of the
+year 1819. Undoubtedly the causes of the crisis were world-wide; but
+local conditions go far to explain the industrial collapse in the United
+States. All indications point to the conclusion that the country was
+experiencing the inevitable reaction from a period of too rapid
+commercial expansion and of unsound speculation. The high prices of
+commodities after the war had given a sort of fictitious prosperity to
+industry and trade, and had encouraged unduly the spirit of commercial
+enterprise. On credit easily secured from wild-cat banks, the Western
+pioneer had bought lands beyond the purchasing power of his own meager
+capital; and the speculator in turn had borrowed money to secure title
+to lands which he would unload upon unsuspecting settlers. State banks
+had met these demands by liberal issues of notes which were imperfectly
+covered by their specie reserves. It needed only a sudden demand for
+liquidation to cause widespread distress.
+
+The unwise management of the National Bank may have contributed to the
+approaching disaster. The branch banks in the South and West had loaned
+freely, issuing notes which were payable at any branch of the National
+Bank. Capital was thus diverted from the East to sections of the country
+where there was least conservatism in banking. In 1818, the directors of
+the Bank became alarmed at the excessive expansion of credit, and issued
+instructions which compelled the redemption of notes at the bank where
+they were issued. At the same time the branch banks curtailed their
+loans. This sudden reversal of policy caused a fearful pressure which
+was transmitted from creditor to debtor all along the line.
+
+Every sufferer by the panic was disposed to blame the National Bank for
+his misfortunes, particularly as it was common rumor that the directors
+of the Bank had speculated in its stock and had used their influence to
+cripple local banks. Congress had been obliged to take cognizance of
+these charges and to appoint a committee to investigate the condition of
+the institution. On the report of this committee, in January, 1819, the
+stock of the Bank fell from 140 to 93. The investigation revealed
+nothing worse than mismanagement; but a vigorous effort was made in
+Congress to revoke the charter.
+
+The widespread hostility of the West and South toward the National Bank
+was born at this time. Everywhere it was known as "the Monster." State
+after State passed acts to tax the branch banks out of existence. The
+decision of Chief Justice Marshall, to be sure, in the famous case of
+_M'Culloch_ v. _Maryland_, declared emphatically that the States had no
+constitutional power to tax the branches of an institution chartered
+under the laws of the United States; nevertheless, the legislature of
+Ohio deliberately levied such a tax, and when resistance was offered to
+its collection, withdrew the protection of the State from the branch
+banks. Feeling themselves the victims of the money power, the people in
+many of the Western States resorted to the remedies which were broached
+during hard times under the Confederation. Kentucky became notorious by
+reason of its laws in behalf of the debtor class. In every Western State
+there was a disposition to seek shelter from the operation of federal
+law behind the ægis of State rights. The people of these newer
+communities were slow to accept the force of precedent in cases decided
+by the federal courts. Andrew Jackson voiced this feeling when he became
+President. "Mere precedent," said he, "is a dangerous source of
+authority, and should not be regarded as deciding questions of
+constitutional power, except where the acquiescence of the people and
+the States can be considered as well settled."
+
+That there was much real suffering during this panic admits of no doubt.
+Niles estimated that not less than twenty thousand persons were seeking
+employment in Philadelphia in the summer of 1819, and quite as many
+wandering in the streets of New York looking for work. In both cities
+soup-houses were established by private charitable societies to relieve
+distress in the following winter. In the city of New York, during the
+year 1816, over nineteen hundred unfortunates were imprisoned for debt;
+and of these, over seven hundred owed less than twenty-five dollars.
+
+But it was not merely the city dweller who felt the pinch of poverty.
+Thousands of Western settlers who had purchased land under the Act of
+1800, which permitted deferred payments, found themselves insolvent.
+More than $21,000,000, one fifth of the national debt, remained unpaid
+in the year 1820. To the importunities of these debtors Congress had
+yielded from time to time, but it was not until 1821 that it passed the
+first general relief act. Those who had not completed their payments
+within the prescribed five years were then permitted to give up the land
+which they had not paid for, and to apply the payments already made to
+the full purchase of the lands which they retained. Arrears of interest
+were remitted.
+
+In 1820, Congress passed an act which wrought a far-reaching change in
+the disposal of the public domain. The credit system was abolished
+outright. After July 1, 1820, land was to be sold for cash at a minimum
+price of a dollar and a quarter an acre, and in eighty-acre tracts. A
+payment of one hundred dollars, then, would make a settler the owner of
+eighty acres in his own right. The prospect of actual ownership of a
+small tract made him far less ready to listen to the voice of the
+tempter in the form of the speculator, who had heretofore lured him to
+make larger purchases on credit than he could ever pay for by the labor
+of his hands.
+
+In the midst of this period of financial depression, the Territory of
+Missouri applied for admission into the Union. On February 13, 1819,
+while an enabling act was under consideration in the House of
+Representatives, James Tallmadge, of New York, moved an amendment which
+touched Southern interests to the quick. "_And provided_, That the
+further introduction of slavery or involuntary servitude be prohibited,
+except for the punishment of crimes, whereof the party shall have been
+duly convicted; and that all children born within the said State, after
+the admission thereof into the Union, shall be free at the age of
+twenty-five years."
+
+[Map: Distribution of Slaves 1820]
+
+This bold attempt to prevent the spread of slavery provoked a brief but
+momentous debate. Clay left the Speaker's chair to remonstrate, "in the
+name of humanity," against a policy which could result, he believed,
+only in the misery of the slaves of the South. The lot of the negro
+would be vastly improved if the unfortunate people were more widely
+dispersed. Taylor, of New York, called this a specious plea. "It is that
+humanity," said he, "which seeks to palliate disease by the application
+of nostrums, which scatter its seeds through the whole system." To open
+the West to slavery would be simply to create an additional demand for
+the importation of slaves. Of those Southern Representatives who took
+part in this debate, not a man posed as the defender of slavery in the
+abstract. Barbour, of Virginia, frankly admitted that slavery "like all
+other human things is mixed with good and evil--the latter, no doubt,
+preponderating." And Johnson, of Kentucky, maintained that though
+slavery might be a necessary evil, "not incompatible with true
+religion," even so "slavery must still be a bitter draught."
+
+What rankled in the breasts of all Southern men was the insinuation that
+their social system was founded on hypocrisy and tyranny. Tallmadge
+commented with biting sarcasm on the willingness of Southern gentlemen
+to contribute to missionary enterprises for the uplifting of the
+Hottentots and Hindus, and their determination to keep their African
+slaves in ignorance. And his colleague contrasted the plantations,
+overrun with weeds on one side of Mason and Dixon's line, with the
+cultivated farms on the other: in Pennsylvania, he observed "a neat,
+blooming, animated, rosy-cheeked peasantry"; in Maryland, "a squalid,
+slow-motioned black population." These were barbed shafts which left
+sore wounds.
+
+When the Union was formed, African negroes were held in servitude in
+all but two of the States. At the time of this debate, slavery had been
+abolished, or was on the way to ultimate extinction, in every State
+north of Maryland and Delaware. Climate rather than humanitarian
+considerations sealed the fate of slavery at the North; and climate, in
+the last analysis, fastened African slavery on the South. As the South
+became committed to the raising of a staple, and that staple cotton, the
+negro was regarded as an indispensable factor in plantation economy.
+There were far-sighted individuals, it is true, who deprecated slavery
+on humanitarian grounds; but they were, for the most part, citizens of
+border States where the profitableness of negro labor was less apparent.
+Even in these communities opposition to slavery was tempered by dread of
+what emancipation might bring in its train. The history of Santo Domingo
+revealed the hideous possibilities of a negro insurrection. No father of
+a family could contemplate with equanimity the proximity of a large body
+of free, semi-civilized blacks. For a time even prominent slaveholders
+favored the aims of the Colonization Society which proposed to deport
+emancipated blacks to the African coast. So late as 1820 the Governor of
+Virginia recommended an appropriation by the legislature for the
+emancipation and removal of the negroes.
+
+Although slavery was a local institution, and regulated by state law,
+its existence was recognized by the Federal Convention of 1787. The
+arrangement which obtained under the old Confederation, whereby five
+slaves were to count as three whites in apportioning representation and
+taxes, was continued; the mutual obligation of the States to return
+fugitives from justice and labor was distinctly stated in the
+Constitution; and the slave trade was permitted to continue at least to
+the year 1808.
+
+In 1793, Congress had met its constitutional obligations by enacting a
+law for the return of fugitive slaves; and in 1794, Congress passed an
+act--"the first national act against the slave trade"--which prohibited
+all trade in slaves from the United States to any foreign country. By
+the opening of the new century all the States had forbidden the
+importation of slaves from abroad. But in 1803, South Carolina again
+legalized the slave trade; and in 1805, Congress after a brief
+interdiction removed all restrictions upon the importation of slaves
+into the Louisiana Territory. The slave trade at once assumed alarming
+proportions. It was officially stated that between 1803 and 1807, 39,075
+negroes were brought into the port of Charleston. Eighteen hundred of
+these unfortunate blacks were imported in American vessels. One half of
+the consignees of these slavers were Americans, of whom thirteen were
+natives of Charleston and eighty-eight of Rhode Island.
+
+This traffic, coupled with the alarm caused by negro insurrections in
+the West Indies, prepared the public mind for positive action, as the
+year approached when Congress might constitutionally prohibit the
+foreign slave trade. The Act of March 2, 1807, however, only partially
+met the expectations of the anti-slavery people. The African slave
+trade was forbidden, but negroes illegally imported were to be disposed
+of as the legislatures of the several States should determine. There was
+reason to fear that the Southern States would neglect to legislate on
+this important matter, and that the act would be indifferently enforced.
+Moreover, the coastwise slave trade for purposes of sale was not
+interdicted, but forbidden only in vessels under forty tons burden.
+
+That the Act of 1807 did not prevent the African slave trade was patent
+to every one who knew conditions in the Southern Seaboard States; but
+the extent of this traffic can only be surmised. During the debates on
+the Missouri Bill, Tallmadge stated that fourteen thousand negroes had
+been brought into the country within the last year, and the statement
+was not challenged.
+
+When the Missouri controversy was renewed in the session of December,
+1819, the number of free States equaled the number of slave States. The
+addition of a twenty-third State, then, would unsettle the equilibrium
+between the sections in the Senate. A growing antagonism based upon
+widely different economic and social organizations was coming to be
+felt--felt rather than clearly perceived and openly recognized. In the
+year 1800, the two sections had been nearly equal in population; in
+1820, the North outnumbered the South by over half a million. This
+disparity in numbers had a direct political significance, for the
+national House of Representatives was beyond all question controlled by
+the delegations from the free States. No great prescience was needed to
+warn the South that in self-defense it must maintain the even balance
+of sections in the Senate. The contest for Missouri was therefore
+essentially "a struggle for sectional domination."
+
+The Tallmadge amendment was passed by the House, but rejected by the
+Senate, after a heated debate which convinced Southern statesmen that
+there was a distinct anti-slavery sentiment at the North. The
+adjournment of Congress threw the whole controversy into the crucible of
+public opinion. The latent hostility of men and women with humanitarian
+sympathies was at once raised to white heat. Mass meetings in city,
+town, and county passed resolutions against the spread of slavery and
+the admission of more slave States. Yet it can hardly be said that the
+public conscience was deeply touched. The leaven of abolitionism had to
+work many years before it could produce results in politics.
+
+The whole question assumed a new guise when Congress met in December,
+1820. The people of Maine had held a convention and formed a
+constitution, and were now applying for admission as a State. Here was a
+free State which would offset Missouri if it were admitted as a slave
+State. When the House passed a bill to admit Maine, the Senate promptly
+attached to it, as a "rider," a bill for the admission of Missouri
+without any prohibition of slavery. It was to this bill that Senator
+Thomas, of Illinois, representing a constituency divided against itself
+on the subject of slavery, offered an amendment in the nature of a
+compromise. He would admit Missouri as a slave State, but prohibit
+slavery forever in the rest of the old Province of Louisiana north of
+36° 30'. The Senate accepted this amendment and sent the bill to the
+House. Here the original Maine Bill was stripped of the rider and the
+Thomas amendment by large majorities. Shortly after this vigorous
+assertion of independence, the House passed a bill for the admission of
+Missouri with the prohibition of slavery. The deadlock seemed complete.
+
+The constitutional aspects of the problem called forth some exceedingly
+able argumentation. Those who favored imposing a restriction upon
+Missouri argued, plausibly enough, that as Congress was given the power
+to admit new States, so it was fully warranted in exercising discretion
+and refusing to admit. Precedents existed for imposing restrictions.
+Three States carved out of the Northwest Territory had been admitted on
+condition that their constitutions should not be repugnant to the sixth
+article of the Ordinance of 1787. The State of Louisiana had been
+admitted under explicit conditions. It was fully competent for Congress,
+by virtue of its authority over Territories, to regulate all the stages
+in the process of framing a constitution, and then to give or to
+withhold its approval.
+
+The most brilliant argument on the other side was made by William
+Pinkney, of Maryland. Conceding that the power of Congress was
+discretionary, he insisted that Congress might not exact terms which
+would interfere with the results to be accomplished. "What, then," he
+asked, "is the professed result? To admit a State into this Union. What
+is that Union?... An equal Union between parties equally sovereign....
+It is into that Union that a new State is to come. By acceding to it
+the new State is placed on the same footing with the original States....
+If it comes in shorn of its beams--crippled and disparaged beyond the
+original States--it is not into the original Union that it comes.... The
+first was a Union _inter pares_; this is a Union between _disparates_,
+between giants and a dwarf, between power and feebleness, between full
+proportioned sovereignties and a miserable image of power."
+
+Yet there were Senators and Representatives from the North who would not
+be diverted from the discussion of the larger sectional and ethical
+issues involved in the extension of slavery. Chief among these was Rufus
+King, who then represented New York in the Senate. His cogent arguments
+made a profound impression. "The great slaveholders in the House," Adams
+wrote in his journal, "gnawed their lips and clenched their fists as
+they heard him."
+
+[Map: House Vote on the Missouri Compromise March 2, 1820]
+
+Meantime, a joint committee of conference was endeavoring to reconcile
+the differences between the House and the Senate. The House was put at a
+disadvantage by the approach of March 4--when the consent of
+Massachusetts to the admission of Maine would expire. It was finally
+agreed that the Senate should pass the bill admitting Maine as a
+separate measure, while the House should accept the Missouri Bill with
+the Thomas amendment. Missouri, in short, was to come in as a slave
+State, but slavery was forever prohibited in the rest of the Louisiana
+Purchase north of her southern boundary. An analysis of the voting in
+the House of Representatives reveals no clear-cut sectional divisions,
+though it forecasts a time when slavery might split parties along
+sectional lines. In New England and the Middle States public opinion had
+not yet crystallized into inflexible opposition to the spread of
+slavery; but the Northwest was distinctly in favor of a restriction upon
+Missouri. The Southwest and the South were a unit in desiring the
+admission of Missouri as a slave State.
+
+In the fall of 1820, the Missouri question in another form returned to
+vex Congress. When the constitution of the State was presented to
+Congress, it was found to contain a clause which excluded free negroes.
+Again the two houses locked horns. Passions rose again. The work of the
+preceding session seemed about to be undone. But under the persuasive
+leadership of Henry Clay, a joint committee elaborated a resolution
+which was acceptable to both houses. Missouri was to be admitted on the
+express condition that the offending clause in her constitution should
+never be construed so as to authorize the passing of any law by which
+any citizen of any of the States of the Union should be deprived of his
+privileges and immunities under the Federal Constitution. The
+legislature of Missouri was to give its solemn consent to this
+fundamental condition. Then, and not until then, the President was to
+declare Missouri a member of the Union. The State complied with the
+requirement, though in the same breath protesting that all this was an
+empty form, since Congress could not thus bind a State. On August 10,
+1821, President Monroe declared Missouri a State of the Union.
+
+In the midst of this exciting controversy, Monroe was reëlected
+President. Nowhere but in Pennsylvania was there any serious opposition.
+Old distinctions of party had so far disappeared that the venerable
+ex-President John Adams was chosen as a presidential elector in
+Massachusetts, and voted with his fourteen colleagues--who were half
+Federalists and half Democrats--for James Monroe. In the electoral count
+Monroe lacked only a single vote of a unanimous election.
+
+When the electoral vote was about to be counted, an embarrassing
+question arose with regard to the vote of Missouri. As the State had not
+yet complied with the condition imposed by Congress, its right to vote
+was challenged. Again Clay appeared in his rôle of compromiser. The
+delicate question was adroitly avoided by having the President of the
+Senate announce the electoral vote with and without the votes of
+Missouri. At last the Missouri question was disposed of; but words had
+been uttered which could not be recalled; and wounds had been inflicted
+which left scars. The South could never quite forget that it had been
+charged with conniving at crime in maintaining slavery. "You have
+kindled a fire," said Cobb, of Georgia, to Tallmadge, "which all the
+waters of the ocean cannot put out, which seas of blood only can
+extinguish."
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     An account of the crisis of 1819 is contained in F. J. Turner's
+     _Rise of the New West_ (in _The American Nation_, vol. 14, 1906);
+     a shorter and less satisfactory account in A. M. Simons's _Social
+     Forces in American History_ (1911). Much information may be
+     gleaned from the pages of McMaster's history. Detailed information
+     must be sought in the special studies already cited, such as R. C.
+     H. Catterall, _The Second Bank of the United States_ (1903), and
+     P. J. Treat, _The National Land System, 1785-1820_ (1910). From
+     the vast literature dealing with slavery and the slavery
+     controversy, the following titles may be selected as especially
+     important: W. E. B. DuBois, _The Suppression of the African
+     Slave-Trade to the United States of America, 1638-1870_ (1896); W.
+     H. Collins, _The Domestic Slave-Trade_ (1904); A. B. Hart,
+     _Slavery and Abolition_ (in _The American Nation_, vol. 16, 1906);
+     N. D. Harris, _The History of Negro Servitude in Illinois_ (1904);
+     E. R. Turner, _The Negro in Pennsylvania_ (1911); and a number of
+     monographs in the Johns Hopkins University _Studies_. All the
+     larger histories discourse with great particularity upon the
+     Missouri controversy. Contemporary views of the congressional
+     struggle are presented in J. Q. Adams's _Memoirs_, and in T. H.
+     Benton's _Thirty Years' View; or, A History of the Working of
+     American Government, 1820-1850_ (2 vols., 1854).
+
+
+
+
+CHAPTER XVI
+
+THE NATIONAL AWAKENING
+
+
+There is a measure of truth in speaking of the War of 1812 as a second
+war of independence. In throwing off the shackles of British commercial
+ascendency, American society experienced much the same sense of elation
+and liberation as the peoples of Europe who contemporaneously rose in
+their might against Napoleon and asserted their right to independent
+national existence. The war was followed in the United States by an
+expansion of the vital forces of the nation in all directions. The
+earliest manifestations of this new national consciousness, however,
+were characteristically boisterous. An English traveler, who visited the
+United States soon after the war, found every man, woman, and child
+talking about the Guerrière, the Java, the Macedonia, the Frolic, Lake
+Erie, Lake Champlain, and the "vast inferiority of British sailors and
+soldiers to the true-blooded Yankees." The events of the war were
+commemorated in songs which this Briton declared--and no doubt
+truthfully--to be "frothy, senseless bombast." But whatever limitations
+of culture were disclosed by this outburst of national conceit, no one
+could doubt for an instant that an exuberant vitality was coursing
+through the veins of the nation.
+
+It was a fair question, however, whether this national feeling would
+find expression in any permanent literary form. A literature of its own
+America did not possess: every one with literary tastes was forced to
+this humiliating admission. Writing from Berlin in 1801, John Quincy
+Adams hailed the first number of Dennie's _Port Folio_ with delight.
+"The object," he declared, "is noble. It is to take off that foul stain
+of literary barbarism which has so long exposed our country to the
+reproach of strangers and to the derision of our enemies." But the
+periodical had a very limited circle of readers, and its literary merits
+were slight. The _Anthology and Boston Review_, founded in 1805, had a
+wider influence upon letters in America; but it is memorable chiefly as
+the forerunner of the _North American Review_, modeled upon the English
+quarterlies, which was first published by William Tudor, in the year
+1815, at Boston.
+
+The publication of American books at this time was a hazardous
+enterprise. "The successful booksellers of the country," wrote one who
+recalled his own experiences in the book trade, "were for the most part
+the mere reproducers and sellers of English books." Yet American
+publishers often showed commendable enterprise. In 1817, Byron's
+_Manfred_ was received, printed, and published at Philadelphia in a
+single day. Walter Scott, Moore, Miss Edgeworth, Miss Porter, and Lord
+Byron were the favorite British novelists and poets whose writings were
+reprinted in America. Among the American publications advertised by
+booksellers, were sermons, geographies, and schoolbooks; but rarely any
+productions which belonged to the category termed by contemporaries
+_belles-lettres_.
+
+The slender literary product of the United States from 1815 to 1830 is
+contained in magazines rather than in books. Prose and verse which could
+never have found a publisher separately appeared in periodicals of every
+description. Most of these were ephemeral publications. The more serious
+reviews, like the _American Biblical Repository_, the _American Law
+Journal_, and the religious reviews, had a longer life; but the lighter
+magazines, like the _Ladies' Literary Cabinet_, the _Young Ladies'
+Parental Mentor_, and the _Casket: or Flowers of Literature, Wit, and
+Sentiment_, rose and fell on the fickle tide of public taste. Even the
+West had its magazines. Lexington, Kentucky, which disputed with
+Cincinnati the proud title, "Athens of the West," published the _Western
+Review_, one number of which contained a review of _Don Juan_ within six
+weeks after the poem was published in England.
+
+In the September number of the _North American Review_, in 1817,
+appeared an original poem of such merit as to mark an era in the history
+of American verse. There was in William Cullen Bryant's _Thanatopsis_,
+it is true, no such youthful exuberance of feeling as the first
+stirrings of poetic genius in a new world might be expected to exhibit.
+The sense of refined form seemed almost un-American; yet there are lines
+in the poem which suggest the primeval background of American life and
+its influence upon the American mind. In 1819 appeared Washington
+Irving's _Sketch-Book_--the first American book which was widely read
+in England; and in 1821, Cooper published _The Spy_, which was the first
+to win favor on the Continent. Both Cooper and Irving were more or less
+conscious imitators of English prose writers, the one of Scott and the
+other of Addison; and they lacked consequently that originality which
+critics have always demanded as the hall-mark of a genuinely native art.
+It is easy to forget, however, that the Americans were not a primitive
+people. They were folk with a literary inheritance, of which albeit they
+often showed little knowledge. It was not for them to invent new forms,
+but to press new wine into old bottles. Of Irving, moreover, it should
+be said that he drew freely upon a vein of delicious humor, as in his
+_Knickerbocker History of New York_, which may be truly characterized as
+American.
+
+The annals of American art in these years are even more bare. Benjamin
+West, to be sure, was born in Pennsylvania, but he achieved eminence in
+England. That he could succeed Sir Joshua Reynolds as President of the
+Royal Academy was a tribute to his fame, but equally convincing proof
+that he had ceased to be identified with the land of his nativity.
+Gilbert Stuart owed much to West, but his return to America in 1792
+saved him from complete subservience to English models. As a portrait
+painter he developed power and individuality. Posterity may well be
+grateful that the portraits of Washington, Jefferson, and Madison were
+painted with fidelity to nature as Stuart saw it, rather than in the
+grandiose manner of West. Two other names, Malbone and Allston, deserve
+brief mention. The one achieved some distinction as a painter of
+miniatures; the other is remembered both as artist and man of letters in
+the literary circle which was forming about Boston. The name of Jonathan
+Trumbull completes the list of American artists. What David was to the
+great actors in the revolutionary drama in France, Trumbull was to the
+notable characters of the American Revolution. In his conception of his
+themes he was perhaps the most genuinely American painter of his time.
+
+In the pages of his autobiography, Trumbull recounts an interview with
+his father which may take the place of any further comment on the dearth
+of artistic feeling in the United States. The young man was arguing
+passionately for his vocation. The father, a typical Yankee, listened
+with commendable patience, and complimented the lad when he had
+finished. "'But,' added he, 'you must give me leave to say, that you
+appear to have overlooked, or forgotten, one very important point in
+your case.' 'Pray, sir,' I rejoined, 'what was that?' 'You appear to
+forget, sir, that _Connecticut is not Athens_'; and with this pithy
+remark, he bowed and withdrew, and nevermore opened his lips upon the
+subject. How often have those few impressive words recurred to my
+memory."
+
+The names of Bryant, Cooper, and Irving are linked with the city of New
+York which enjoyed for a brief time that primacy in the world of
+American letters which it was fast acquiring in commerce. The center of
+literary and scholarly activity in the next generation was Boston,
+where the New England renaissance began. In this revival of letters
+Harvard College had a notable part. In 1806, John Quincy Adams was
+appointed Professor of Rhetoric and gave a course of lectures which
+moulded the taste of that school of orators to which Edward Everett
+belonged--a school of oratory which found its models in Demosthenes and
+Cicero. Everett became Professor of Greek in 1815; and George Ticknor,
+Professor of Belles-Lettres in 1816. Prescott graduated in 1814, Palfrey
+in 1815, and George Bancroft in 1817,--all three to add to American
+historiography works of enduring excellence. In 1817, young Ralph Waldo
+Emerson entered college.
+
+It was Boston, however, rather than Harvard College, which
+created the atmosphere that these young scholars--all from Boston
+families--breathed: for the Athenæum, the American School of Arts and
+Sciences, and the Massachusetts Historical Society had begun to exercise
+an increasing influence on the younger generation. Harvard College, like
+all colleges of the day, was hardly more than a species of higher
+academy whither boys went at a tender age to continue their study of the
+classics and mathematics, and incidentally to cultivate rhetoric and
+_belles-lettres_.
+
+The liberation of the American mind from time-honored traditions and
+conventions appeared markedly in the ecclesiastical revolts and
+religious revivals of the age. Unitarianism took its rise quite as much
+in protest against the teaching of Calvinism, that man was brought into
+the world hopelessly depraved, as against the orthodox conception of
+Christ's nature. The definite separation of Unitarianism from
+Congregationalism dates from 1815 when William E. Channing published his
+memorable letter to the Reverend Samuel C. Thacher. The writings of
+Buckminster, Channing, and other theological liberals have a distinct
+place in the annals of American intellectual life. Universalism also
+took its rise at this time and spread with remarkable rapidity under the
+lead of Hosea Ballou. In western Pennsylvania and Virginia, the
+Campbells, father and son, led a departure from the established
+Presbyterian order. The Society of Friends was also rent by the
+teachings of Elias Hicks.
+
+Revivals had been a recurring feature of New England religious life
+since the latter years of the seventeenth century. That they stimulated
+many forms of religious activity appears in the annals of missionary
+enterprises at home and abroad. In 1810 the American Board of Foreign
+Missions and in 1814 the American Baptist Missionary Union were founded.
+In 1812 four young missionaries went out to India; and five years later
+other devoted young men began their labors among the Cherokees and
+Choctaws of the Southwest. There is something at once heroic and
+pathetic in the humanitarian zeal of a people, whom Europeans still
+regarded with disdain, to carry to the remote ends of the earth a
+Christian civilization which they had themselves hardly attained. But an
+incomprehensible idealism has from first to last been interwoven in the
+texture of American character.
+
+After the cessation of European wars the United States stood singularly
+aloof from the Old World, yet in the affairs of South America they did
+not cease to take a lively interest. The successive revolutions by which
+the provinces of the Rio de la Plata, Chili, Peru, Colombia, Brazil, and
+Mexico threw off the yoke of Spain woke a thrill in the people of the
+United States, for they thought they saw the events of their own
+revolution repeated in the exploits of San Martín and Bolívar. To the
+imagination of Henry Clay, this was a sublime spectacle--"eighteen
+millions of people struggling to burst their chains and be free." He
+would have had the United States recognize these sister republics and
+join hands with them in forming an American system independent of
+Europe. And when the Administration hesitated, he exclaimed: "We look
+too much abroad. Let us break these commercial and political fetters;
+let us no longer watch the nod of any European politician; let us become
+real and true Americans, and place ourselves at the head of the American
+system."
+
+The conception of an American system did not originate in the ardent
+mind of Henry Clay. It was as old as the Union itself. Foreign
+encroachment had been feared from the very birth of the nation. "You are
+afraid of being made the tool of the powers of Europe," said Richard
+Oswald to John Adams while peace negotiations were pending at Paris.
+"Indeed I am," rejoined Adams. "What powers?" asked Oswald. "All of
+them," said Adams; "it is obvious that all the powers of Europe will be
+continually manoeuvring with us to work us into their real or
+imaginary balances of power.... But I think that it ought to be our rule
+not to meddle." Washington's refusal to enter into an alliance with
+France and his firm insistence upon neutrality were inspired by this
+same fear. Jefferson's negotiations for the purchase of New Orleans were
+motivated by the fear that France, once in possession of the mouth of
+the Mississippi, would threaten the isolation of the United States and
+drive us into the arms of Great Britain. "Jefferson is an American,"
+Adet once said, with rare insight, "and by that title, it is impossible
+for him to be sincerely our friend. _An American is the born enemy of
+European peoples._"
+
+The corollary of the principle of non-intervention was abstention on the
+part of the United States from the affairs of Europe. Could the United
+States, then, recognize the colonies of Spain as independent republics
+without emerging from its traditional isolation? President Monroe would
+have been glad to recognize the South American republics even before
+they had demonstrated their ability to maintain their independence; but
+his cool-headed Secretary of State prevailed upon him to await further
+evidence. It was not until 1822, indeed, that the President recommended
+to Congress the establishment of missions in the new republics of South
+America. Spain protested emphatically against this action; but Adams,
+now sure of his ground, justified the action of the Administration by an
+appeal to facts. So long as Spain was attempting to reduce the colonies
+by arms, the United States had observed "the most impartial neutrality."
+But war had ceased, and the United States had "yielded to an obligation
+of duty of the highest order, by recognizing, as independent states,
+nations which, after deliberately asserting their right to that
+character, had maintained and established it against all the resistance
+which had been or could be brought to oppose it."
+
+In the year 1823, the traditional principles of American foreign policy
+were put to a severer test. Soon after the Congress of Vienna, that
+combination of the great powers was consummated which contemporaries
+usually but erroneously styled the Holy Alliance. Austria, Prussia,
+Russia, and Great Britain covenanted together to meet at fixed periods
+to consult upon their common interests and to consider the measures
+"most salutary for the repose and prosperity of nations, and for the
+maintenance of the peace of Europe." Three years later, France was
+admitted to the councils of these "self-appointed keepers of the world's
+peace." Innocent enough in its public professions, this association of
+the great powers was converted by Metternich of Austria, who had
+acquired a remarkable ascendency over the mind of his own sovereign and
+over that of the impressionable czar, into an instrument of reaction and
+repression, whenever and wherever the specter of revolution raised its
+head. Within a few years revolutionary uprisings occurred in Italy and
+Spain. The so-called legitimate sovereigns were driven from their
+thrones and constitutional governments were established. In successive
+congresses at Troppau and Laybach, the three powers, Austria, Russia,
+and Prussia, resolved to suppress these revolutionary movements. An
+Austrian army was commissioned to carry out this policy of intervention,
+as it was termed; and the King of the Two Sicilies was restored to his
+uneasy throne. Neither Great Britain nor France took part in these
+congresses. It now remained to chastise the revolutionists of Spain. At
+the Congress of Verona in 1822, the representative of Great Britain
+openly protested against any intervention in Spain. But again the three
+powers, now joined by France, resolved to restore the deposed Fernando
+VII. Early in the following year a French army crossed the Pyrenees and
+entered Madrid. It was commonly believed that the restoration of the
+monarchy was to be followed by a reduction of the revolted colonies and
+a restoration of the Spanish colonial empire.
+
+It was at this juncture that Canning, who had become the head of the
+British ministry, protested against the policy of intervention and
+sought for ways and means to make the protest effective. The one power
+whose traditions of liberty and whose interests in this particular
+seemed to be identical with those of Great Britain was the United
+States. In truth, their interests were far from being identical. Two
+years before, in a conversation with the British minister at Washington,
+the Secretary of State, in his most uncompromising manner, had
+challenged the right of Great Britain to the valley of the Columbia
+River or to any part of the Pacific Coast. And so recently as April of
+this critical year 1823, Adams had taken alarm at the appearance of a
+British naval force off the coast of Cuba and had warned the Government
+at Madrid that "the transfer of Cuba to Great Britain would be an event
+unpropitious to the interests of the United States." At the same time
+Adams stated his conviction that within half a century the annexation of
+Cuba to the United States would be "indispensable to the continuance of
+the Union itself." Coupled with this prophecy was the equally frank
+assurance that the United States desired to have Cuba and Porto Rico
+"continue attached to Spain"--for the present.
+
+[Map: Russian Claims in North America]
+
+It was in midsummer of this year, too, that Adams protested against the
+ukase of the czar which had asserted the claim of Russia to the Pacific
+Coast as far south as the fifty-first degree, and to a maritime
+jurisdiction one hundred Italian miles from the coast. Adams records in
+his diary that he told the Russian minister "that we should contest the
+right of Russia to _any_ territorial establishment on this continent,
+and that we should assume distinctly the principle that the American
+continents are no longer subjects for _any_ new European colonial
+establishments." The time had come when the United States was bound to
+take more than a sentimental interest in the affairs of Spanish America.
+The disintegration of the Spanish colonial empire not only invited the
+Intervention of European powers in the internal affairs of the new
+republics, but also exposed portions of the North American continent to
+their aggressions.
+
+On several occasions Canning conferred with Richard Rush, the minister
+of the United States resident in London, to ascertain whether his
+Government would join Great Britain in a public declaration against any
+"forcible enterprise for reducing the colonies to subjugation on behalf
+of or in the name of Spain; or which meditates the acquisition of any
+part of them to itself, by cession or by conquest." England had no
+designs upon the distant colonies of Spain, Canning asseverated; at the
+same time it "could not see any part of them transferred to any other
+power with indifference." Not trusting implicitly in Canning's altruism,
+Rush wisely suggested that Great Britain should first recognize the
+South American republics as a preliminary to a joint declaration. To
+this Canning would not commit himself; and Rush would not assume
+responsibility for a public declaration on any other conditions.
+
+On receiving the dispatches from Rush recounting these interesting
+conferences, President Monroe took counsel with the two Virginia
+oracles, Jefferson and Madison. Both advised him to meet Canning's
+overtures and to make common cause with Great Britain--the one nation,
+as Jefferson put it, which could prevent America from having an
+independent system and which now offered "to lead, aid, and accompany us
+in it." Monroe was disposed to follow this advice. He not only drafted a
+message to Congress upon these lines, but he went further and urged the
+recognition of Greek independence in a way which departed widely from
+the traditional aloofness which earlier Presidents had maintained in
+matters of European concern. On the other hand, Adams was decidedly of
+the opinion that Canning's invitation should be declined. He did not
+wish the country to appear "as a cock-boat in the wake of the British
+man-of-war." Moreover, Adams was considerably alarmed at the reactionary
+principles which the Russian ministry had avowed in a communication
+addressed to the minister at Washington. He urged the President to seize
+the occasion to make an explicit declaration of American principles.
+"The ground I wish to take," said he, "is that of earnest remonstrance
+against the interference of European powers by force with South America,
+but to disclaim all interference on our part with Europe; to make an
+American cause and adhere inflexibly to that."
+
+Yielding to his contentious Secretary of State, President Monroe
+redrafted his message to Congress. In its final form, December 2, 1823,
+this famous state paper contained the essential principles of what has
+come to be known as the Monroe Doctrine. It was asserted "as a general
+principle in which the rights and interests of the United States are
+involved that the American continents, by the free and independent
+condition which they have assumed and maintain, are henceforth not to be
+considered as subjects for future colonization by any European powers."
+The message expressly disclaimed any purpose to interfere in European
+politics; but respecting the affairs of the Western hemisphere a direct
+and immediate interest was frankly avowed. "The political system of the
+allied powers is essentially different in this respect from that of
+America." "We should consider any attempt on their part to extend their
+system to any portion of this hemisphere as dangerous to our peace and
+safety. With the existing colonies or dependencies of any European power
+we have not interfered and shall not interfere. But with the Governments
+who have declared their independence and maintained it, and whose
+independence we have, on great consideration and on just principles,
+acknowledged, we could not view any interposition for the purpose of
+oppressing them, or controlling in any manner their destiny, by any
+European power in any other light than as the manifestation of an
+unfriendly disposition toward the United States."
+
+The immediate effects of the message are not easily traced. It is not
+clear, even, that the favorable treaty made with Russia in the following
+year was the outcome of what Canning somewhat contemptuously styled "the
+new Doctrine of the President." Russia, it is true, agreed to waive her
+claims below fifty-four degrees forty minutes and to exclusive
+jurisdiction in Bering Sea; but the conflicting claims of England in the
+Northwest remained, and Canning predicted that England would "have a
+squabble with the Yankees yet in and about those regions."
+
+Later generations have read strange meanings into the message of
+President Monroe. Even contemporaries were not clear as to its import.
+Interpreted in the light of its origin, it was a candid announcement
+that the United States did not purpose to meddle in the affairs of
+European states or of their existing dependencies, and a protest against
+the increase of power of European states in America either by
+intervention or by new colonization.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     In the concluding volume of Henry Adams's _History of the United
+     States_ are excellent chapters on American literature, art, and
+     religious thought. W. B. Cairns's _On the Development of American
+     Literature from 1815 to 1833_ (1898) contains much interesting
+     information about periodicals. Barrett Wendell's _A Literary
+     History of America_ (1900) is full of pungent comment on early men
+     of letters. C. C. Caffin, _The Story of American Painting_ (1907),
+     and H. T. Tuckerman, _Artist-Life, or Sketches of American
+     Artists_ (1847), record the small achievements of American art.
+     John Trumbull's _Autobiography, Reminiscences, and Letters, from
+     1756 to 1841_ (1841), is a book of great interest. E. G. Dexter's
+     _A History of Education in the United States_ (1904) is an
+     excellent manual. The Unitarian Movement can be best followed in
+     J. W. Chadwick's _William Ellery Channing_ (1903). The history of
+     the various denominations may be found in volumes of the _American
+     Church History Series_. The genesis of Monroe's message is
+     described by F. J. Turner, _The Rise of the New West_(in _The
+     American Nation_, vol. 14, 1906), and F. E. Chadwick, _The
+     Relations of the United States and Spain_ (1909). Both of these
+     accounts are based on W. C. Ford, _John Quincy Adams: His
+     Connection with the Monroe Doctrine_ (in Massachusetts Historical
+     Society _Proceedings_, 1902). An excellent essay is that by W. F.
+     Reddaway, _The Monroe Doctrine_ (2d. ed., 1905).
+
+
+
+
+CHAPTER XVII
+
+THE NEW DEMOCRACY
+
+
+By the year 1824, the West had become a section to be reckoned with by
+those who were calculating their chances in the presidential race. Since
+the war six Western States had been admitted into the Union. The
+population west of the Alleghanies had increased by nearly a million and
+a half within a decade. The relative importance of this new section
+appears in the census returns. In 1790, less than six per cent of the
+total population lived west of the Alleghanies; in 1820, nearly
+thirty-two per cent were domiciled in this vast region. In the National
+Legislature the West had acquired notable weight. By the apportionment
+of 1822, it had forty-seven out of two hundred and thirteen members of
+the House; in the Senate, eighteen out of forty-eight. But these figures
+do not tell the whole tale. As Professor Turner has well said, rightly
+to estimate the weight of Western population we must add the people of
+western New York and of the interior counties of Pennsylvania, and of
+the trans-Alleghany counties of Virginia, as well as the people of the
+back-country of Maine, New Hampshire, Vermont, North Carolina, and
+Georgia. "All of these regions were to be influenced by the ideals of
+democratic rule which were springing up in the Mississippi Valley."
+
+[Map: Distribution of Population 1820]
+
+Economic conditions bred a democratic society in the West. What
+Gallatin said of Pennsylvania was true of the greater West: "An equal
+distribution of property made every individual independent and produced
+a true and real equality." The basal characteristic of the West was
+individual ownership of land; and the reaction of the sense of
+proprietorship upon individual character was the most significant fact
+in the history of its population. Intense individualism and rugged
+self-reliance were the salient characteristics of the Westerner. So far
+as he reflected upon his social relations, he believed in complete
+social equality. In numberless instances the pioneer had migrated to
+escape the social inequalities and depressing conventions of older
+communities; and he was not minded to encourage the reproduction of
+these conditions in his new home. "America, then, exhibits in her social
+state an extraordinary phenomenon," wrote De Tocqueville in his notable
+study of American democracy. "Men are there seen on a greater equality
+in point of fortune and intellect, or, in other words, more equal in
+their strength, than in any other country of the world, or in any age of
+which history has preserved the remembrance."
+
+Life on the frontier, where a man wrestled with the primitive forces of
+Nature and conquered by dint of his indomitable will, made the Westerner
+perhaps overconfident in his ability to deal with all obstacles in the
+way of human achievement and withal somewhat impatient under the
+restraints imposed by the more complicated social order in the older
+communities to the East. The sweep of the prairies and the wide horizon
+lines of the Middle West may have exercised a subtle influence upon
+temperament. At all events, the Westerner was buoyant and optimistic,
+taking large views of national destiny and of the possibilities of human
+achievement in a democracy.
+
+There was danger, indeed, that in cutting loose from the irritating
+restraints of the older communities, the people of the West would
+sacrifice much of the grace and many of the intellectual and spiritual
+refinements of an older civilization. "In this part of the American
+continent," observes De Tocqueville, "population has escaped the
+influence not only of great names and great wealth, but even of the
+natural aristocracy of knowledge and virtue." It seemed to two young New
+Englanders who traversed the vast region from the Western Reserve to New
+Orleans in 1813, in the interests of missionary societies, that the
+people were wrapped in spiritual darkness, "being ignorant, often
+vicious, and utterly destitute of Bibles and religious literature." The
+General Bible Society of the United States was founded in 1816 to dispel
+this irreligious gloom. Within five years this organization and its
+numerous auxiliaries had distributed one hundred and forty thousand
+Bibles and Testaments through the new States.
+
+Yet the irreligion of the West was painted darker than it really was.
+Methodism had struck root where other denominations could not thrive.
+Its methods and organization, indeed, were peculiarly adapted to a
+people which could not support a settled pastor. "A sect, therefore,
+which marked out the region into circuits, put a rider on each and bade
+him cover it once a month, preaching here to-day and there to-morrow,
+but returning at regular intervals to each community, provided the
+largest amount of religious teaching and preaching at the least
+expense." The Baptists, too, secured a footing in the new communities
+and labored effectively in creating religious ties between the old and
+the new sections of the country. In religion as in politics the people
+of the West were responsive to emotional appeals. The circuit rider,
+with his intense conviction of sin and his equally strong conviction of
+salvation through repentance, wrought great crowds in camp meetings into
+ecstasies of religious excitement. Odd religious sects and strange
+"isms" were to be found in the back-country. At New Harmony on the
+Wabash River were the Rappites, a sect of German peasants who came first
+to Pennsylvania under their leader George Rapp, and who afterward
+returned thither. At Zoar in Ohio was the Separatist community led by
+Joseph Baumeler. Shaker societies were formed at many places; and
+Mormonism was just beginning its strange history through the revelations
+of Joseph Smith in western New York.
+
+The intellectual horizon of the Western world was necessarily limited.
+Absorbed in the stern struggle for existence, the people had no leisure
+and no heart to enjoy the finer aspects of life. Education was a luxury
+which only the prosperous might possess. The purpose to make elementary
+education a public charge developed tardily. Outside of New England,
+indeed, a public school system did not exist. Throughout the older
+portions of the West the traveler might find academies and so-called
+colleges, but none supported at public expense. The State of Indiana,
+it is true, entered the Union with a constitution which made it the duty
+of the legislature to provide, as soon as circumstances permitted, "for
+a general system of education, ascending in a regular gradation from
+township schools to a State University, wherein tuition shall be gratis,
+and equally open to all." But years passed before circumstances
+permitted the realization of this ideal. Meantime, the prosperous
+planters of the Southwest employed tutors for their children, and the
+well-to-do farmers of the Northwest paid tuition for their boys at
+academies. But young Abraham Lincoln had to teach himself Euclid and to
+cipher on the back of a wooden shovel, by the flickering embers of a
+log-cabin fire.
+
+The new Commonwealths entered the Union as self-confessed democracies.
+In all the States formed after the War of 1812, with one exception,
+property qualifications such as prevailed in the older States were swept
+away and the right to vote was accorded to every adult white male. In
+Mississippi alone there was the additional qualification that a voter
+should be enrolled in the militia or have paid a state or county tax.
+Everywhere, too, the principle was accepted that representation should
+be based upon population and not upon property. The men who framed these
+new constitutions believed that they were establishing the rule of the
+people. It was, indeed, unthinkable that, believing themselves equal in
+all other respects, they should not accept the principle of political
+equality and popular sovereignty.
+
+There is evidence in these new constitutions, however, that the people
+placed less reliance in their legislative bodies than did the people of
+the Revolutionary era. Instead of general grants of legislative power,
+there are specific prohibitions and positive injunctions. Important
+limitations are imposed upon the form and mode of legislation. It is
+clear, too, that fear of an over-strong executive had given way to a
+belief in the necessity of having a stronger countervailing influence,
+capable of checking the legislative. Everywhere the governor was made
+elective directly by the people and given the veto power. The conviction
+was often expressed in constitutional conventions that the governor was
+peculiarly the representative of the people, a popular tribune who would
+protect them against the indiscretions of their legislative
+representatives. The extension of the elective principle to all
+important offices was accompanied also by a general conviction that life
+tenure of office is undemocratic. "Rotation in office," said Andrew
+Jackson, voicing a popular feeling, "is a cardinal principle of
+democracy."
+
+The spirit of Western democracy leavened also the older States. The
+people of Maine, breaking away from Massachusetts and her ancient
+ideals, boldly declared for manhood suffrage in their new constitution.
+Connecticut adopted a constitution in 1818 to replace the old charter,
+and dissolved the old union of Church and State by declaring that no
+preference should be given by law to any Christian sect or mode of
+worship. At the same time Connecticut extended the suffrage to all who
+served in the militia or paid a state tax. New York in the constitution
+of 1821 and Massachusetts by a constitutional amendment in the same
+year abandoned the old property qualifications for voting.
+
+In both Massachusetts and New York, conservative men like Chancellor
+Kent and Daniel Webster frankly avowed their apprehensions of universal
+suffrage. "The tendency of universal suffrage," said Kent in the New
+York convention, "is to jeopardize the rights of property, and the
+principles of liberty." He held society to be an association for the
+protection of property as well as of life, "and the individual who
+contributes only one cent to the common stock ought not to have the same
+power and influence in directing the property concerns of the
+partnership as he who contributes his thousands."
+
+The democratic movement affected not only the formal organization of
+State Governments, but also the machinery and methods of political
+parties. In the Northern States there was increasing dissatisfaction
+with the practice of nominating candidates for office by legislative
+caucus. The rank and file of the parties were no longer willing to
+submit blindly to the dictation of leaders. In deference to party voters
+in districts which were not represented by men of their political faith,
+the leaders of the respective parties now found it expedient to summon
+special delegates to their party conclaves, in order to give a more
+truly representative character to the organization of party. The
+legislative caucus, in short, gave way to the mixed caucus.
+
+[Map: States Admitted to the Union between 1812 and 1821]
+
+But the old vice remained. The selection of candidates for office was
+still made by those who had no mandate to act for the party except in
+a legislative capacity. If the voters of the party were in truth the
+source of authority within the party, then a means had to be devised of
+ascertaining their will. The democratic principle, in short, had to be
+applied to party. In response to this feeling, mass meetings and
+irregular conventions were held; but these methods of securing an
+expression of party opinion were only transitional. Indeed, so long as
+the means of communication were defective, popular gatherings were
+necessarily poorly attended. The next step in the democratization of
+party organization could only be taken when the barriers of space were
+overcome by the application of the steam engine to transportation. The
+nominating delegate convention waited on the development of
+transportation.
+
+Much the same popular hostility was directed against the congressional
+caucus. Candidates for the presidential nomination were not blind to
+this movement, and for the most part they sought other means of
+promoting their chances. Monroe had hardly entered upon his second term
+when state legislative caucuses began to nominate favorite sons. In
+1821, the legislature of South Carolina put forward the name of William
+Lowndes, and upon his death named John C. Calhoun as its candidate for
+the Presidency. In 1822, the legislature of Tennessee presented the name
+of Andrew Jackson, "the soldier, the statesman, the honest man," to the
+consideration of the people of the United States. In the same year
+Republican members of the legislature of Kentucky recommended Henry Clay
+"as a suitable person to succeed James Monroe as President." A "joint
+meeting of the Republican members of the Massachusetts legislature and
+of Republican delegates from the various towns of the Commonwealth not
+represented in the legislature" nominated John Quincy Adams for the
+Presidency in January, 1823. And finally, illustrative of the varied
+methods in use and of the strange vicissitudes of politics at this time,
+a public gathering or mass meeting at Fredericksburg, Virginia, in
+March, 1824, nominated Adams for President and Jackson for
+Vice-President.
+
+A series of resolutions passed by the legislature of Tennessee in 1823
+called attention in no uncertain language to the shortcomings of the
+congressional caucus and called for its overthrow. A canvass of the
+members of Congress showed that one hundred and eighty-one out of two
+hundred and sixty-one believed a caucus inexpedient at this time.
+Nevertheless, the minority, acting in Crawford's interest, took their
+courage in both hands and held a caucus on February 14, 1824. Sixty-four
+out of sixty-eight votes were cast for William H. Crawford, who thus
+became by all precedents the "regular" candidate of the Republican
+party. This nomination and the indorsement of Jackson by the Republicans
+of Pennsylvania spoiled Calhoun's chances. In the spring of 1824, he
+allied himself with the Jackson faction by accepting the nomination for
+Vice-President at the hands of a state nominating convention at
+Harrisburg, which had put Jackson at the head of the ticket.
+
+Such issues as were discoverable in the presidential contest of 1824
+were formulated in the debates in Congress during the early part of the
+year. As the country recovered from financial depression, the question
+of internal improvements again forged to the front. In 1822, a bill to
+authorize the collection of tolls on the Cumberland Road had been vetoed
+by the President. In an elaborate essay Monroe set forth his views on
+the constitutional aspects of a policy of internal improvements.
+Congress might appropriate money, he admitted, but it might not
+undertake the actual construction of national works nor assume
+jurisdiction over them. For the moment the drift toward a larger
+participation of the National Government in internal improvements was
+stayed. Two years later, however, Congress authorized the President to
+institute surveys for such roads and canals as he believed to be needed
+for commerce and military defense. The vote on this bill shows that the
+source of opposition to internal improvements was chiefly in the
+Northeast, in Virginia, and in the Carolinas. The West and Southwest,
+with Pennsylvania, Maryland, and New Jersey, were a unit in support of
+the general survey.
+
+No one pleaded more eloquently for a larger conception of the functions
+of the National Government than Clay. No one voiced the aspirations of
+his section more faithfully. He called the attention of his hearers to
+provisions made for coast surveys and lighthouses on the Atlantic
+seaboard and deplored the neglect of the great interior of the country.
+"A new world has come into being since the Constitution was adopted," he
+exclaimed. "Are the narrow, limited necessities of the old thirteen
+States, of, indeed, parts only of the old thirteen States as they
+existed at the formation of the present Constitution, forever to remain
+the rule of its interpretation?" Of the other presidential candidates,
+Jackson voted in the Senate for the general survey bill; and Adams left
+no doubt in the public mind that he did not reflect the narrow views of
+his section on this issue. Crawford felt the constitutional scruples
+which were everywhere being voiced in the South, and followed the old
+expedient of advocating a constitutional amendment to sanction national
+internal improvements.
+
+The Tariff Act of 1824 also entered somewhat into the presidential
+campaign. The failure of the protectionists to secure a higher tariff in
+1820 had been followed by other efforts to secure congressional action;
+but none succeeded until Clay was again elected Speaker of the House and
+thrust the matter into the foreground of discussion. Clay dwelt
+eloquently upon the loss of the foreign market for agricultural products
+and upon the consequent widespread distress. To his mind the remedy was
+the establishment of an American market by fostering manufactures. That
+such a policy would involve a clash of sectional interests, he did not
+deny; but he believed that "reconciliation by mutual concessions" could
+be effected and a genuine "American system" be brought into existence.
+
+[Map: House Vote on Tariff Bill April 16, 1824]
+
+The tariff bill presented in 1824 was avowedly a protective measure.
+Among lesser changes, increased duties were proposed on iron, lead,
+wool, hemp, cotton bagging, and cotton and woolen goods. At once
+the clash of sectional interests began. New England shippers protested
+against the duty on hemp, which they needed for cordage; and Southern
+planters made common cause with them on this item, because the cheap
+bagging which they used for baling their cotton was made of coarse hemp.
+For the same reason the maritime sections of New England opposed the
+duty on iron. For precisely opposite reasons, Kentucky clamored for the
+protection of her hemp-growers, and Pennsylvania, for the protection of
+her iron-workers. It was well understood that the cotton industry was
+established and needed no protection; nevertheless, the minimum duty on
+cotton fabrics was raised. The increased duty on woolens, however, was
+offset by an increased duty on raw wool, so that the woolen
+manufacturers profited little by the change of rate. A proposal to apply
+to woolens the minimum principle which had been extended to cottons in
+1816 was defeated by the opposition of the South. Any increase in the
+cost of cheap woolen goods was bound to enhance the cost of clothing the
+slaves. On the other hand, the representatives of the great
+grain-growing and farming States of New York, New Jersey, and
+Pennsylvania, together with the States of the Ohio Valley, were almost
+unanimously in favor of the proposed bill. When the bill came to a vote
+in the House on April 16, 1824, only nine of the combined ninety-five
+votes of these sections were cast in the negative. Equally emphatic was
+the protest of the South and Southwest: only six out of seventy-six
+Representatives favored the bill. New England by its divided vote
+revealed the internal conflict between the commercial and manufacturing
+interests. The bill passed both houses of Congress by small majorities
+and received the signature of the President.
+
+Of the presidential candidates, only one spoke with uncertain sound on
+the tariff issue. Clay was the outspoken advocate of a far-reaching
+American system; Adams thought the tariff of 1824 a fair compromise;
+Jackson, properly coached by his intimates, put himself on record as a
+supporter of a protective policy to create a home market; only Crawford,
+representative of the peculiar interests of the South and candidate for
+Northern support, felt the impossibility of harmonizing the conflicting
+interests of his followers by a clear-cut and explicit utterance on the
+tariff.
+
+With so many candidates in the field, it was difficult to forecast the
+outcome of the presidential campaign. Even if there had been a
+pronounced popular drift toward any candidate, the result would have
+remained in doubt until the six States which still gave the choice of
+electors to their legislatures had completed the complicated electoral
+process. There was a strong likelihood, however, that the election would
+go to the House of Representatives. As the choice would then be confined
+to the three candidates having the highest vote, there was not a little
+bargaining in the States where the legislatures chose the electors. The
+completed returns gave Jackson 99 electoral votes; Adams, 84; Crawford,
+41; and Clay, 37. Calhoun was elected Vice-President by more than two
+thirds of the electoral vote. The House, therefore, as wiseacres had
+foretold, was called upon for the second time to decide a contested
+presidential election.
+
+The position of Clay was one of unenviable distinction and power. He
+could not be elected President, but he could, it was believed, determine
+which of his rivals should have the coveted office. His own State
+favored Jackson as a second choice; but Clay wrote to a friend that he
+could not consider the killing of twenty-five hundred Englishmen at New
+Orleans proved the fitness of Jackson for the chief civil magistracy.
+Crawford was personally less objectionable to Clay; but he had suffered
+a paralytic stroke and his health was precarious. Besides, Crawford had
+opposed some of the policies which Clay had most at heart. For years
+Clay had been a bitter opponent of Adams; yet after all was said, he was
+bound to admit that his interests would be best served by an alliance
+with this stiff-necked New Englander. At an early date, therefore, he
+determined to throw his support to Adams.
+
+For weeks the capital was enveloped in an atmosphere of intrigue. Clay
+was courted by all factions. The possibility of securing his support was
+a standing temptation to wire-pullers. Even Adams wrote in his diary,
+"_Incedo super ignes_" (I walk over fires). When Clay announced
+positively, on January 24, that he and his friends would support Adams,
+a storm of passionate denunciation broke upon him. An anonymous letter
+appeared in a Philadelphia newspaper, charging that friends of Adams had
+offered Clay the Secretaryship of State in return for his support, and
+that friends of Clay had reported the offer to friends of Jackson, with
+the intimation that Clay would support the general on similar terms.
+When the friends of Jackson spurned these overtures, Clay sold out to
+Adams. With quite unnecessary heat Clay branded the author of this
+letter as "a base and infamous calumniator, a dastard, and a liar." His
+first instinct was to challenge the author whoever he might be; but when
+Representative George Kremer, an odd character who was chiefly
+conspicuous by reason of the leopard-skin coat which he wore avowed
+himself the writer of the offensive letter, Clay wisely concluded not to
+make himself ridiculous by an affair of honor with this Gil Blas. He
+demanded a congressional investigation instead.
+
+While this investigation of the alleged bargain between Adams and Clay
+was pending, the House proceeded to the election of a President. On the
+first ballot, Adams received the votes of thirteen States, while Jackson
+was the choice of seven States, and Crawford of four. New England, New
+York, Louisiana, Maryland, and the States of the Northwest, except
+Indiana, supported Adams. Combined with these were now Missouri and
+Kentucky, which had voted for Clay. Jackson received the votes of the
+Southwest, together with those of Pennsylvania, New Jersey, Indiana, and
+South Carolina. Crawford was supported by Georgia, North Carolina,
+Virginia, and Delaware. Two days later the President-elect announced
+that he had invited Henry Clay to be his Secretary of State. After some
+hesitation, Clay accepted the post.
+
+[Map: The Presidential Election of 1824]
+
+The cry of corruption is a recurrent note in the history of
+democracies. The American democracy is no exception. With most of the
+charges of corruption, the historian has little concern; but the bargain
+and corruption cry of 1825 has a historical significance. The falsity of
+the charge against Clay has been proved as nearly as a negative can be.
+Adams may not have been above the uncongenial task of soliciting votes,
+but he kept safely within the moral domain which his conscience marked
+out. The motive which governed his appointment of Clay as Secretary of
+State is stated frankly in a letter to Monroe, two days after the
+election by the House. He considered the appointment "due to his talents
+and services to the western section of the Union, whence he comes, and
+to the confidence in me manifested by their delegations." Upon one
+individual these considerations made no impression: Andrew Jackson left
+the capital with wrath in his soul. He felt that he had been defrauded
+by a corrupt bargain. From this time on his hand was against Clay,--that
+"Judas of the West," as he afterward called him,--who had conspired to
+"impair the pure principles of our republican institutions" and to
+"prostrate that fundamental maxim which maintains the supremacy of the
+people's will."
+
+Years after the events of 1824-25, the belief of Jackson that the will
+of the people had been defeated found classic expression in Thomas H.
+Benton's _Thirty Years' View of Congress_. What Benton termed "the Demos
+Krateo principle" was thoroughly in accord with the spirit of the new
+democracy, but it rested upon an entire misunderstanding of the
+Constitution. A direct popular election of the President was never
+contemplated by the framers of the Constitution. It is impossible to
+find in either the letter or the spirit of the Constitution any
+justification for the view that the House of Representatives is bound to
+elect the candidate having the highest popular vote.
+
+What the will of the people really was in the presidential election of
+1824 is by no means clear. Even in those States where presidential
+electors were chosen by popular vote, Jackson received less than half of
+the popular vote; and in many of these States the actual vote fell far
+below the potential. In Massachusetts, where 66,000 votes had been cast
+for governor the year before, only 37,000 voters took the trouble to
+vote for President. In Pennsylvania, which boasted of a population of
+over a million, less than 48,000 voted in 1824. Moreover, the six States
+which chose the presidential electors through their legislatures,
+contained one fourth of the population of the country. One fact,
+however, stands out with unmistakable clearness,--and it did not escape
+politicians like Van Buren, of New York, who had their fingers on the
+pulse of the people,--this martial hero from out of the West had an
+unprecedented vote-getting capacity. It were well to observe the Western
+horizon more intently.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     The best description of the political characteristics of American
+     society in this period is given by Alexis de Tocqueville,
+     _Democracy in America_ (2 vols., trans., 1862). F. J. Turner has
+     pointed out the importance of the West in the development of the
+     nation in several studies, notably: "The Significance of the
+     Frontier in American History" (American Historical Association,
+     _Report_, 1893); "The Problem of the West" (_Atlantic Monthly_,
+     vol. 78); "Contributions of the West to American Democracy"
+     (_Atlantic Monthly_, vol. 91). The political development of the
+     South is set forth with great thoroughness by U. B. Phillips,
+     _Georgia and State Rights_ (American Historical Association,
+     _Report_, 1901); W. A. Schaper, _Sectionalism and Representation
+     in South Carolina_ (_ibid._, 1900); and C. H. Ambler,
+     _Sectionalism in Virginia from 1776 to 1861_ (1910). Important
+     aspects of the tariff are discussed in Edward Stanwood's _American
+     Tariff Controversies in the Nineteenth Century_ (2 vols., 1903),
+     and in C. W. Wright's _Wool-Growing and the Tariff_ (1910).
+
+
+
+
+CHAPTER XVIII
+
+POLITICS AND STATE RIGHTS
+
+
+The circumstances of his election made the position of President Adams
+one of very great difficulty. He alluded to his embarrassment in his
+first message to Congress. "Less possessed of your confidence in advance
+than any of my predecessors," said he, "I am deeply conscious of the
+prospect that I shall stand more and oftener in need of your
+indulgence." It is doubtful, however, if even he appreciated the
+momentum of the forces which were already combining to discredit his
+administration. In October, the legislature of Tennessee had again
+nominated Jackson for the Presidency, and he had accepted the nomination
+as a summons to wage war upon the forces of evil in high places. The
+campaign of 1828, indeed, had already begun: and it was to be a campaign
+of personal vindication as well as of popular rights.
+
+Under similar circumstances most men would have made sure of the loyalty
+of their constitutional advisers, at least, but Adams flattered himself
+that he could carry on a non-partisan administration. The results were
+disastrous, for at least two of the Cabinet were not above using the
+patronage of office to further the cause of Jackson. In his laudable
+desire not to allow the Government to become "a perpetual and
+unintermitting scramble for office," Adams refused to make removals in
+the civil service on partisan grounds, yet he retained in office
+underlings who labored incessantly in the cause of the opposition.
+
+Equally impolitic was the attitude of the President toward questions of
+public policy in his first message to Congress. Just when the opposition
+was in a fluid state and the winds of conflicting doctrines were
+ruffling the surface of national politics, Adams gave utterance to
+opinions on the functions of government which were bound to alienate
+many of his followers. Entertaining no doubts as to constitutional
+limitations upon the powers of the National Government, he advocated not
+only the construction of roads and canals, but the establishment of
+observatories and a national university. His program included
+governmental aid to the arts, mechanical and literary, and to the
+sciences, "ornamental and profound." He was prepared to give
+encouragement not only to manufacturing but to agriculture and to
+commerce. Many of these were objects which President Jefferson had
+recommended to the consideration of Congress in 1806; but whereas he had
+urged the adoption of amendments to the Constitution which would
+authorize Congress to provide for roads and canals and education, Adams
+seemed oblivious to the limitations of the Constitution. In much alarm
+Jefferson suggested to Madison the desirability of having Virginia adopt
+a new set of resolutions, bottomed on those of 1798, and directed
+against the acts for internal improvements. In March, 1826, the general
+assembly declared that all the principles of the earlier resolutions
+applied "with full force against the powers assumed by Congress" in
+passing acts to protect manufactures and to further internal
+improvements. That the Administration would meet with opposition in
+Congress, whatever its program might be, was a foregone conclusion. The
+only question was whether the diverse and mutually hostile factions
+which had followed the fortunes of Crawford, Calhoun, and Jackson could
+coalesce into a consistent opposition. The first test occurred when the
+Administration proposed the Panama mission.
+
+The overthrow of the authority of Spain in South America had left the
+way clear for the long-projected union of the republics. Early in the
+year 1825, the ministers of Mexico, Guatemala, and Colombia waited on
+Clay to learn whether the United States would accept an invitation to a
+great council or congress which had been called by the revolutionist
+Bolívar, now President of Colombia. The project appealed strongly to
+Clay. A league of young republics in the New World to offset the Holy
+Alliance in Europe was, as his biographer remarks, "one of those large,
+generous conceptions well calculated to fascinate his ardent mind." The
+imagination of the President was not so easily touched: he instructed
+Clay to inquire more particularly into the purposes of the congress.
+
+The condition of affairs in the countries bordering on the Caribbean
+Sea--the American Mediterranean--was such, indeed, as to justify extreme
+caution in dealing with the Latin-American republics. It was matter of
+common knowledge that Colombia and Mexico had designs upon Cuba, the
+last of the Spanish outposts in the New World. So long as Spain
+continued at war with her old colonies, the United States was bound to
+be uneasy about the fate of Cuba and Porto Rico. Even if the islands
+were liberated by the republican armies of Central and South America,
+they were likely to fall a prey to some European power. The appearance
+of a French fleet off the coast of Cuba during the summer of 1825 gave
+point to these not unwarranted apprehensions. It was rumored that Cuba
+was to be made the basis for an expedition against Mexico in behalf of
+Spain. This episode prompted Clay to make strong representations to
+France that the United States could not consent to the occupation of
+Cuba by any other European power.
+
+When, then, a formal invitation came to participate in the Panama
+Congress, the Administration determined to seize the occasion to
+exercise a wholesome restraint by friendly advice upon the assembled
+delegates of the republics, and at the same time to ascertain their
+purposes. In asking the Senate to confirm the nomination of two
+delegates, however, the President voiced his own expectation of what the
+Congress would be and do, rather than the purposes of Bolívar and his
+associates. The occasion would be favorable, the President intimated,
+for the discussion of commercial reciprocity, of neutral rights, and of
+principles of religious liberty. An alliance with the Latin-American
+republics was not contemplated. On the contrary, the delegates from the
+United States would urge "an agreement between all of the parties
+represented at the meeting, that each will guard by its own means
+against the establishment of any future European colony within its
+borders." At this stage in its evolution the Monroe Doctrine was not
+understood to include any obligation on the part of the United States to
+police the territories of the lesser republics of the New World.
+
+The instructions given to the envoys leave no doubt as to the intentions
+of the Administration. Every possible endeavor was to be made to
+dissuade Colombia and Mexico from their designs upon Cuba and Porto
+Rico. The recognition of Hayti as an independent state was to be
+deprecated. In short, the _status quo_ in the Caribbean Sea was to be
+maintained; and throughout, the congress was to be regarded as a
+diplomatic conference and in no wise as a convention to constitute a
+permanent league of republics.
+
+Nevertheless, the opposition in Congress persisted in misrepresenting
+the President's purposes. It was pointed out that the republics to the
+south very generally believed that the United States was pledged by
+Monroe's message to make common cause with them when their independence
+was threatened. "Are we prepared," asked Hayne, of South Carolina, "to
+send ministers to the Congress of Panama for the purpose of making
+effectual this pledge of President Monroe as construed by the present
+administration and understood by the Spanish-American states?" With
+greater sincerity Southern Representatives protested against
+participating in a congress which proposed to discuss the suppression
+of the slave trade and the future of Hayti. "Slavery in all its
+bearings," said Hayne, "is a question of extreme delicacy, concerning
+which there is but one safe rule either for the States in which it
+exists or for the Union. It must ever be treated as a domestic question.
+To foreign governments the language of the United States must be that
+the question of slavery concerns the peace and safety of our political
+family, and that we cannot allow it to be discussed." Least of all, he
+continued, could the United States touch the question of the
+independence of Hayti in connection with revolutionary governments which
+had marched to victory under the banner of universal emancipation and
+which had permitted men of color to command their armies and enter their
+legislative halls.
+
+In the end the Administration had its way and the nominations were
+confirmed; but the delay was most unfortunate. On their way to the
+Isthmus, one of the delegates died, and the other arrived too late to
+take part in the congress. From the viewpoint of domestic politics, the
+controversy over the mission was only an incident in the evolution of a
+party within the bosom of the Democratic party. The animus of the
+opposition is revealed in the often-quoted remark of Martin Van Buren,
+who was trying to drill the varied elements in the Senate into a
+coherent organization: "Yes, they have beaten us by a few votes, after a
+hard battle; but if they had only taken the other side and refused the
+mission, we should have had them."
+
+Of far more serious import than this factional opposition in Congress
+was the resistance which the authorities of Georgia offered to the
+National Administration in the matter of Indian lands. On March 5, 1825,
+the Senate ratified the Treaty of Indian Springs with the Creek Indians,
+which provided for the cession of practically all the lands of the tribe
+between the Flint and Chattahoochee Rivers. For years the planters of
+Georgia had coveted these fertile tracts, awaiting with impatience the
+negotiations of the Federal Government with the reluctant Indians.
+Although the title to the lands was not to pass to Georgia until
+September 1, 1826, Governor Troup ordered them to be surveyed with a
+view to their immediate occupation. Meantime, well-founded charges were
+current that the treaty had been made by a faction among the Creeks,
+without the consent of the responsible chiefs. President Adams at once
+ordered the state authorities to desist from their survey; but the
+governor replied that Georgia was convinced of the validity of the
+treaty and fully determined to enter into possession of her own. The
+tone of the governor's letter was ominous. Nevertheless, the President
+instituted negotiations for a new treaty. The diplomatic shifts resorted
+to by the Indian agents in this instance were not above suspicion, but
+the President seemed to entertain no misgivings, for he assured the
+Senate that the new Treaty of Washington (January 24, 1826) was the will
+and deed of "the chiefs of the whole Creek Nation." The grant left the
+Indians still in possession of some lands west of the Chattahoochee.
+
+The feelings of all loyal Georgians were outraged by the course of the
+Administration. The legislature protested against the Treaty of
+Washington as "illegal and unconstitutional," and denounced the
+President's action as "an instance of dictation and federal supremacy
+unwarranted by any grant of powers to the General Government." "Georgia
+owns exclusively the soil and jurisdiction of all the territory within
+her present chartered and conventional limits," read the resolutions of
+December 22, 1826. "She has never relinquished said right, either
+territorial or jurisdictional, to the General Government."
+
+The ebullient governor hardly needed the indorsement of the legislature.
+He pushed on the surveys to the limits set by the original treaty. But
+the surveyors soon met with resistance from the Indians; and the Indians
+appealed to the President. The Secretary of War then notified Troup that
+the President felt himself compelled to employ all the means under his
+control to maintain the faith of the nation and to carry the treaty into
+effect. Governor Troup replied defiantly that the "military character of
+the menace" was well understood. "You will distinctly understand,
+therefore, that I feel it my duty to resist to the utmost any military
+attack.... From the first decisive act of hostility, you will be
+considered and treated as a public enemy, and with less repugnance
+because you, to whom we might constitutionally have appealed for our
+defense against invasion, are yourselves the invaders, and, what is
+more, the unblushing allies of the savages whose course you have
+adopted." He at once issued orders to the state military officers to
+hold the militia in readiness to repel any invasion of the soil of
+Georgia.
+
+The tension which had now become acute was relieved by the intelligence
+that the President had ordered the Indian agent to the Creeks to resume
+negotiations for the cession of the rest of their lands. The governor
+hastened to point out jubilantly that the President had beaten a
+retreat. Meantime, the President had laid the whole matter before
+Congress in a special message. A committee of the House advised the
+purchase of the rest of the Indian lands, but in the mean time the
+maintenance of the terms of the Treaty of Washington. A committee of the
+Senate, however, with Benton as chairman, took an opposite view of the
+situation, and deprecated any action looking toward the coercion of a
+sister State. A treaty concluded with the Creeks in November, 1827,
+fortunately satisfied all parties and put an end to this exciting
+controversy--a controversy in which the President had played a lone and
+not very successful hand.
+
+In this same year (1827), another Indian problem of even greater
+perplexity arose. The Cherokees of northwestern Georgia, who were ruled
+by a group of intelligent half-breeds, declared themselves one of the
+sovereign and independent nations of the earth, and drafted a
+constitution which completely excluded the authority of the State of
+Georgia. Again, in no uncertain language, Georgia asserted her title to
+all the lands within her limits, regarding the Indians simply as
+"tenants at her will"; but before the controversy reached an acute
+stage Adams had surrendered the Presidency to General Andrew Jackson,
+who had only contempt for Indian rights when they fell athwart the
+purposes of honest white settlers.
+
+In the midst of these protestations against federal intervention, the
+legislature of Georgia sounded a note of defiance also in the matter of
+the tariff. It was "their decided opinion an increase of Tariff duties
+will and ought to be RESISTED by all legal and constitutional means."
+Just what should be "the mode of opposition" they would not pretend to
+say, but for the present they would content themselves with "the
+peaceable course of remonstrating with Congress." This rather ominous
+protest was inspired by the demands of certain manufacturers and
+politicians who had assembled in convention at Harrisburg, Pennsylvania,
+in the summer of 1827.
+
+The woolen industry had profited least of all those which had been
+protected by the Tariff of 1824. Not only had the slight advance in
+rates been offset by the increase of the duty on raw wool, but the
+effect of English competition in 1825 had been most depressing to the
+woolen trade. A tariff bill to meet the wishes of the wool-growers and
+woolen manufacturers had passed the House early in 1827, but had been
+defeated in the Senate by the casting vote of the Vice-President. The
+convention at Harrisburg was designed to create a public sentiment in
+favor of the protected interests and to bring pressure from various
+sources to bear upon Congress. The failure of the tariff bill in the
+spring session had impressed upon woolen manufacturers the necessity of
+securing allies.
+
+The recommendations of the convention at Harrisburg were comprehensive.
+Higher duties all along the line, from wool to glass, were urged. But
+that which the promoters of the convention had most at heart was the
+extension to woolens of the minimum principle already applied to cotton
+fabrics. According to their demands, the _ad valorem_ duty on woolens
+should range from forty to fifty per cent, assessed on minimum
+valuations of fifty cents, two dollars and a half, four dollars, and six
+dollars a yard. That is to say, goods valued at less than fifty cents a
+yard were to be treated as though they had a value of fifty cents; and
+all between fifty cents and two dollars and a half, as though they were
+worth two dollars and a half; and so on--a system which offered a high
+degree of protection to the cheaper fabrics in each group.
+
+[Map: House Vote on Tariff Bill April 22, 1828]
+
+The high hopes of the protectionists were only partially realized. In
+the following session of Congress, economic interests became badly
+tangled with political. The President and the greater part of his
+supporters were protectionists. Indeed, it was openly charged by the
+opposition that the Harrisburg Convention was a device of the Adams men
+to promote his reëlection. The opposition, on the other hand, was far
+from united on the tariff question. The only affinity between Southern
+planters and their Northern allies in the Middle and Western States was
+hostility to the Administration. According to Calhoun, who in after
+years made a frank avowal of his part in the intrigue, the opposition
+determined to frame a tariff bill with a general high level of
+duties to satisfy the Middle and Western States, but to increase
+the duties on raw material which New England manufacturers needed. All
+the stanch Jackson men were to unite in forcing this bill to a passage
+without amendment. At the last moment, however, the Southern group were
+to part company with their allies and to vote against the bill. The
+Representatives from New England, and the supporters of the
+Administration generally, would of course vote against the bill also,
+and so compass its defeat. The odium would then fall upon the Adams men,
+while the Jackson men could pose as the only whole-hearted advocates of
+protection; and, finally, not the least factor in Calhoun's
+calculations, the South would escape the toils of high protection. There
+was only one hitch in this cleverly planned game. To the consternation
+of the plotters, enough New England Representatives swallowed the bitter
+dose to enact the bill.
+
+The "tariff of abominations" deserves all the abuse which has been
+heaped upon it. Shapen in political iniquity, it bore upon its face the
+marks of its origin. High duties for which no one had asked were imposed
+on certain raw material like pig and bar iron, and hemp, the better
+quality of which was always in demand and never produced in the United
+States. Items like the increased duty on molasses and the heavy duty on
+sail-duck were added to make the bill distasteful to New England. But
+the woolen industry suffered the most grievous disappointment. Instead
+of the minimum principle advocated by the Harrisburg Convention, the Act
+of 1828 established a minimum of one dollar between the minimal points
+of fifty cents and two dollars and a half. Whereas the proposed rate
+would have fixed a prohibitory duty on woolens costing about a dollar a
+yard, the act allowed only a duty of forty-five per cent. "The dollar
+minimum," as one of the aggrieved manufacturers put it, "was planted in
+the very midst of the woolen trade."
+
+Again the Middle States and the States of the Ohio Valley united in
+support of the protective principle. New England was divided against
+itself. Political considerations weighed heavily with those New
+Englanders who like Webster voted for the bill. John Randolph hardly
+exaggerated when he declared that "the bill referred to manufactures of
+no sort or kind, except the manufacture of a President of the United
+States."
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     To the bibliography at the close of the preceding chapter only a few
+     titles need be added. The foreign policy of the Adams Administration
+     is well described in F. E. Chadwick's _The Relations of the United
+     States and Spain_ (1909). The stages in the Indian controversy may
+     be traced in U. B. Phillips's _Georgia and State Rights_ (American
+     Historical Association, _Report_, 1901), and in E. J. Hardin's _Life
+     of George M. Troup_ (1859). E. M. Shepard, _Martin Van Buren_
+     (1888), and T. D. Jervey, _Robert Y. Hayne and His Times_ (1909),
+     are important biographies. Josiah Quincy's _Figures of the Past_
+     (1883) contains some interesting sketches of Washington society,
+     while N. Sargent's _Public Men and Events_ (2 vols., 1875) supplies
+     an abundance of political gossip.
+
+
+
+
+CHAPTER XIX
+
+THE RISE OF NATIONAL SOVEREIGNTY
+
+
+Shortly after the Federal Convention of 1787, a friend remarked to
+Gouverneur Morris, "You have made a good constitution." "That," replied
+Morris laconically, "depends on how it is construed!" From Washington to
+Jackson the process of construing the Constitution had gone on,
+intermittently by the executive and legislative, steadily by the
+judiciary. "The judiciary of the United States," wrote Jefferson in
+1820, "is the subtle corps of sappers and miners constantly working
+underground to undermine the foundations of our confederate fabric. They
+are constantly construing our constitution from a coördination of a
+general and a special government, to a general and supreme one alone.
+They will lay all things at their feet, and they are too well versed in
+the English law to forget the maxim, '_boni judicis est ampliare
+jurisdictionem_.'"
+
+Yet as late as 1800 the federal judiciary had pronounced none of those
+decisions which were to make it so powerful a factor in the assertion
+and maintenance of national sovereignty. In declining an appointment as
+Chief Justice, John Jay wrote to President Adams that he had "left the
+bench perfectly convinced that under a system so defective, it would not
+obtain the energy, weight, and dignity, which were essential to its
+affording due support to the National Government; nor acquire the
+public confidence and respect which, as the last resort of the justice
+of the Nation, it should possess."
+
+The uncertainty of the law was in large part responsible for this lack
+of prestige. "Too great inattention," complained a Boston lawyer, in the
+_Columbian Centinel_ in 1801, "has hitherto prevailed as to the
+preservation of the decisions of our courts of law. We have neither
+authorized nor voluntary reporters. Hence we are compelled to the loose
+and interested recollections of counsel, or to depend wholly on British
+decisions." The first systematic attempt to secure records of opinions
+was made by Connecticut in 1785. Four years later, Ephraim Kirby, a
+printer in Litchfield, issued "the first regular printed law reports in
+America." This example was followed in other States; and in 1798 the
+first volume of United States Supreme Court Reports was published by
+Dallas.
+
+The great period in the history of the Supreme Court coincides with the
+thirty-four years during which John Marshall held the office of Chief
+Justice. President John Adams rendered no more lasting service to the
+Federalist cause than when he appointed this great Virginian to the
+bench, for Marshall, if not a Federalist of the strictest sect, was a
+thoroughgoing nationalist. Down to his appointment only six decisions
+involving constitutional questions of any moment had been handed down;
+between 1801 and 1835, sixty-two were rendered, of which Marshall wrote
+thirty-six. The decisions of the court during "the reign of Marshall"
+fill thirty volumes of the Reports. Seven hundred and fifty-three cases
+were taken on appeal to the Supreme Court from the lower federal courts,
+and in nearly one half of these cases the decisions were reversed.
+
+An American constitutional law did not exist when Marshall took office.
+Few precedents were available. In some of his important cases Marshall
+did not cite a single judicial decision. He reached his conclusions by
+the light of reason. "There, Story," he would say to his associate, "is
+the law. Now you must find the authorities." In a peculiar sense it is
+true to say that Marshall both laid the foundations of constitutional
+law and reared the superstructure, as one of his biographers remarks.
+But Marshall was ably supported by his colleagues; and he owed much, as
+he freely admitted, to the arguments of a remarkable body of lawyers of
+the federal bar. Wirt, Pinkney, and Webster were as truly creators of
+American constitutional law as the learned justices.
+
+The constitutional importance of the decision of the Supreme Court in
+_Marbury_ v. _Madison_ has already been pointed out. In the development
+of the idea of national sovereignty, the significance of the decision
+lies in the emphatic assertion that the Supreme Court is the tribunal of
+last resort in cases involving the constitutionality of acts of
+Congress.
+
+The first open resistance of a State to federal authority, as asserted
+by the Supreme Court, occurred in 1809, when the legislature of
+Pennsylvania interposed its authority to prevent the payment of prize
+money which had been awarded by a federal district court to Gideon
+Olmstead and others for their capture of the sloop Active during the
+Revolution. All efforts to secure a peaceful settlement of this
+controversy having failed, the Attorney-General, in behalf of Olmstead,
+applied to the Supreme Court for a writ of _mandamus_, directing Judge
+Peters of the district court to enforce his judgment. In granting the
+writ, Chief Justice Marshall pointed out the gravity of the issue. "If
+the legislatures of the several States," said he, "may at will annul the
+judgment of the courts of the United States, and destroy the rights
+acquired under those judgments, the Constitution becomes a solemn
+mockery, and the nation is deprived of the means of enforcing its laws
+by the instrumentality of its own tribunals." Such a conclusion he
+emphatically repudiated. Reviewing the history of the case with all its
+details, he reached the uncompromising conclusion that "the State of
+Pennsylvania can possess no constitutional right to resist the legal
+process which may be directed in this cause.... A peremptory _mandamus_
+must be awarded."
+
+Judge Peters issued the writ, but all efforts of the marshal to serve
+the writ were thwarted by the state militia. The marshal then summoned a
+_posse comitatus_ of two thousand men. Bloodshed seemed imminent; but
+after an ineffectual appeal to the President, the Pennsylvania
+authorities gave way and paid over the money. Subsequently the officer
+commanding the militia and others were indicted, tried, convicted, and
+sentenced to fine and imprisonment, for resisting the writ of a federal
+court; but they were pardoned by the President because "they had acted
+under a mistaken sense of duty."
+
+In this conflict of authority the National Government won at every
+point. Even the resolution which the legislature adopted in the heat of
+the controversy, calling for an amendment to the Constitution which
+should establish "an impartial tribunal to determine disputes between
+the General and State Governments," met with no approval from other
+States. Virginia, soon to be of a very different mind, responded that "a
+tribunal is already provided ... to wit: the Supreme Court, more
+eminently qualified from their habits and duties, from the mode of their
+selection, and from the tenure of their offices, to decide the disputes
+aforesaid in an enlightened and impartial manner, than any other
+tribunal which could be erected."
+
+In two notable cases, the Supreme Court affirmed the constitutionality
+of the Judiciary Act of 1789 and asserted its authority to review and
+reverse decisions of the state courts when those decisions were adverse
+to alleged federal rights. The opinion in the first case, that of
+_Martin_ v. _Hunter's Lessee_, in 1816, was written by Joseph Story, of
+Massachusetts, who had been appointed to a vacancy on the bench by
+President Madison. Story was reputed to be a Republican, but he
+disappointed all expectations by becoming a stanch supporter of
+nationalist doctrines and only second to Marshall in his influence upon
+the development of American constitutional law.
+
+The case of _Martin_ v. _Hunter's Lessee_ grew out of the old Fairfax
+claims which Marshall had represented as counsel before his appointment
+to the bench. In 1815, the Supreme Court had reversed the decision of
+the Court of Appeals of Virginia, and ordered the state court to execute
+the judgment rendered in the lower state court. The judges of the Court
+of Appeals, headed by Judge Spencer Roane, a bitter opponent of
+Marshall, formally announced that they would not obey the _mandamus_,
+holding that the twenty-fifth section of the Judiciary Act of 1789--that
+extending the appellate jurisdiction of the Supreme Court over state
+tribunals--was unconstitutional. The state-rights elements in Virginia
+quickly rallied to the support of the judges, and the Supreme Court
+found itself face to face with an incensed public opinion in the Old
+Dominion. In no wise daunted by this opposition, the Supreme Court
+reviewed its position in 1816 and again ordered the execution of its
+judgment.
+
+Five years later, Chief Justice Marshall rendered a similar decision in
+the case of _Cohens_ v. _Virginia_. The counsel for the Commonwealth had
+argued that the appellate jurisdiction conferred by the Constitution on
+the Supreme Court was merely authority to revise the decisions of the
+inferior courts of the United States. "Congress," it was contended, "is
+not authorized to make the supreme court or any other court of a State
+an inferior court.... The inferior courts spoken of in the Constitution
+are manifestly to be held by federal judges." "It is the case, not the
+court, that gives jurisdiction," replied Marshall. "The courts of the
+United States can, without question, revise the proceedings of the
+executive and legislative authorities of the States, and if they are
+found to be contrary to the Constitution may declare them to be of no
+legal validity. Surely the exercise of the same right over judicial
+tribunals is not a higher or more dangerous act of sovereign power."
+
+It was in the course of this decision that Marshall asserted in
+unmistakable language the sovereignty of the National Government. "The
+people made the Constitution and the people can unmake it.... But this
+supreme and irresistible power to make or to unmake resides only in the
+whole body of the people; not in any subdivision of them. The attempts
+of any of the parts to exercise it is usurpation, and ought to be
+repelled by those to whom the people have delegated the power of
+repelling it.... The framers of the Constitution were indeed unable to
+make any provisions which should protect that instrument against a
+general combination of the States, or of the people for its destruction;
+and conscious of this inability, they have not made the attempt. But
+they were able to provide against the operation of measures adopted in
+any one State, whose tendency might be to arrest the execution of the
+laws; and this it was the part of wisdom to attempt. We think they have
+attempted it."
+
+Between these notable Virginia cases was decided, in 1819, the case of
+_M'Culloch_ v. _Maryland_, in which the Chief Justice sustained the
+constitutionality of the act establishing the National Bank, and
+declared a state law imposing a tax on a branch of the Bank
+unconstitutional and void. In the course of his opinion, which followed
+much the same line of reasoning that Alexander Hamilton had employed,
+Marshall stated in classic phraseology the doctrine of liberal
+construction. Holding that the Constitution was not a code of law, but a
+document marking out in large characters the powers of government, he
+sought, among the enumerated powers, not the lesser, but the great
+substantive, powers necessary to the purposes of the Union. These
+substantive powers, however, carry with them many incidental (Hamilton
+said _resulting_) powers, among which a choice may freely be made to
+achieve the desired and legitimate end. "Let the end be legitimate,"
+said Marshall, "let it be within the scope of the Constitution, and all
+means which are appropriate, which are plainly adapted to that end,
+which are not prohibited, but consist with the letter and spirit of the
+Constitution, are constitutional." In an earlier decision (_United
+States_ v. _Fisher_, 1804), indeed, Marshall had refused to concede the
+force of the argument that the Federal Government was clothed only with
+the powers indispensably necessary to exercise powers expressly granted
+to it. "Congress must possess the choice of means which are in fact
+conducive to the exercise of a power granted by the Constitution."
+
+The cumulative effect of these decisions was to provoke a violent
+reaction in Virginia. Under the pen-name "Algernon Sidney," Judge Roane
+renewed his attacks upon the Chief Justice in violent and at times
+offensive language. "The judgment before us," he declared, referring to
+the case of _Cohens_ v. _Virginia_, "will not be less disastrous in its
+consequences, than any of these memorable judgments [of the time of
+Charles I]. It completely negatives the idea, that the American States
+have a real existence, or are to be considered, in any sense, as
+sovereign and independent States." It seemed to Jefferson that the
+powerful arguments of Roane completely "pulverized" every word which had
+been uttered by John Marshall. John Taylor of Caroline, however, was the
+philosophical exponent of this reactionary movement. In his
+_Construction Construed_ (1820), _Tyranny Unmasked_ (1822), and _New
+Views of the Constitution_ (1823), he pointed out the manifest tendency
+of the decisions of the Supreme Court and suggested the "state veto" as
+the remedy against usurpation of power by the Supreme Court or by
+Congress. The legislature of Virginia indorsed an amendment to the
+Constitution drafted by Judge Roane which would have limited the
+jurisdiction of the federal courts, where the rights of the States were
+concerned, and which would have forbidden appeals from the courts of a
+State to any court of the United States. Beyond such remonstrances and
+protests, however, public opinion in Virginia was not prepared to go at
+this time.
+
+The judges of the Supreme Court could not remain indifferent to these
+assaults. "If, indeed, the Judiciary is to be destroyed," wrote Story,
+"I should be glad to have the decisive blow now struck, while I am
+young, and can return to my profession and earn an honest livelihood."
+But he added, "For the Judges of the Supreme Court there is but one
+course to pursue. That is, to do their duty firmly and honestly,
+according to their best judgments."
+
+It was in this spirit that the court rendered judgment in the case of
+_Green_ v. _Biddle_ (1823), which gave deep offense to the people of
+Kentucky by setting aside as unconstitutional the so-called "Occupying
+Claimant Laws." The remonstrance of the legislature was all the more
+bitter because the decision had been rendered by a bench of only four
+judges, one of whom dissented from the majority opinion. The resolutions
+of the legislature demanded a reorganization of the court in such wise
+that the concurrence of at least two thirds of the judges should be
+necessary in an opinion affecting the validity of state laws. And when
+Congress made no response, the lower House called upon the governor to
+express his opinion "whether it may be advisable to call forth the
+physical power of the State to resist the execution of the decisions of
+the court, or in what manner the mandates of said court should be met by
+disobedience." But Kentucky like Virginia kept well within the legal
+limits of petition and remonstrance.
+
+In Ohio, also, there was an ominous spirit of resistance to the force of
+precedent. Notwithstanding the decision of the court in the case of
+_M'Culloch_ v. _Maryland_, the general assembly of that State not only
+enacted a law to tax the local branch of the National Bank, but actually
+seized the amount of the tax. Suit was thereupon brought against the
+state auditor; and in spite of the vigorous remonstrance of the
+legislature, the Supreme Court again sustained the constitutionality of
+the Bank and declared the state tax unconstitutional. The State was
+ultimately obliged to make restitution of the funds of the Bank.
+
+[Map: Canals in the United States about 1825]
+
+Meantime, the national judiciary had contributed to the expansion of the
+Constitution in notable ways; sometimes by affirming the
+constitutionality of powers exercised by the President or Congress, and
+at other times by narrowing the limits of state authority. In the case
+of the _American Insurance Company_ v. _Canter_, twenty-five years after
+the acquisition of Louisiana, Marshall affirmed the constitutionality
+of the treaty which had so aroused Jefferson's misgivings. "The
+Constitution," said the Chief Justice, "confers absolutely on the
+Government of the Union the powers of making war and of making treaties;
+consequently, that Government possesses the power of acquiring
+territory, either by conquest or by treaty."
+
+In two instances, on the other hand, the Supreme Court gave an
+interpretation of the "obligation of contracts" clause of the
+Constitution which seriously limited the powers of the States. In the
+case of _Fletcher_ v. _Peck_ (1810), the court declared unconstitutional
+an act of the legislature of Georgia which attempted to revoke the
+notorious Yazoo land grants of 1795. A grant was held to be a contract
+within the meaning of the Constitution; and the court found no adequate
+ground for exempting such contracts from the prohibition of the
+Constitution.
+
+Far-reaching in its implication, also, was the second instance, when the
+Supreme Court held unconstitutional and void the acts of the New
+Hampshire legislature which amended the charter granted by the Crown to
+Dartmouth College in 1769. Arguing as counsel for the college, of which
+he was an honored graduate, Daniel Webster held that the charter of a
+private corporation was a contract which might not be impaired by an act
+of a state legislature. Chief Justice Marshall only restated and
+amplified Webster's argument, when he rendered the opinion of the court
+and declared that New Hampshire might not by law impair the charter of
+Dartmouth College. To the argument of the counsel for the Commonwealth,
+contending that the framers of the Constitution never contemplated such
+a broad use of the word "contract," Marshall replied that it was not
+enough to say this particular use of the word was not in the mind of the
+Convention when the article was adopted. "It is necessary to go farther,
+and to say that, had this particular case been suggested, the language
+would have been so varied as to exclude it, or it would have been made a
+special exception."
+
+The immense significance of this decision was not immediately apparent.
+The peculiar immunity which it gave to private property could not be
+appreciated until the rise of corporations with concentrated capital.
+Not even the Chief Justice foresaw that the guaranty of inviolability
+which he had thrown about a private educational corporation would be
+demanded with equal right by the great business corporations of the
+succeeding era.
+
+[Map: Highways of the United States about 1825]
+
+In the famous case of _Gibbons_ v. _Ogden_ (1824), the Supreme Court
+gave an interpretation of the commerce clause of the Constitution which
+also had a profound effect upon subsequent history. In the course of its
+decision the court declared unconstitutional a law of the State of New
+York which had granted an exclusive right to operate steamboats in the
+waters of New York. The regulation of commerce, the court held, had been
+given exclusively to Congress, and "commerce" as used in the
+Constitution comprehended not merely traffic and intercourse but also
+navigation. The power to regulate was regarded as a unit. In regulating
+commerce with foreign nations, the power of Congress does not stop at
+the jurisdictional lines of the several States. "If a foreign voyage may
+commence or terminate at a port within a State, then the power of
+Congress may be exercised within a State." Similarly, the court reasoned
+that commerce "among the States" cannot stop at the external boundary of
+each State. "Commerce among the States must of necessity be commerce
+with the States." In short, while expressly disclaiming that Congress
+had the power to regulate the internal commerce of a State, the court
+asserted the complete control of Congress over inter-state commerce so
+far as navigation was concerned. The deeper significance of this
+interpretation of the commerce clause appeared only when railroads began
+to span the continent and the jurisdictional lines of States were
+crossed and re-crossed by an ever-increasing volume of trade.
+
+Twenty-five years had wrought a vast change in the position of the
+national judiciary in the American constitutional system. "It is now
+seen on every hand," wrote Attorney-General Wirt, urging the appointment
+of Chancellor Kent to a vacancy on the Supreme Court bench, "that the
+functions to be performed by the Supreme Court of the United States are
+among the most difficult and perilous which are to be performed under
+the Constitution. They demand the loftiest range of talents and learning
+and a soul of Roman purity and firmness. The questions which come before
+them frequently involve the fate of the Constitution, the happiness of
+the whole Nation, and even its peace as it concerns other nations." In
+the light of the decisions reviewed, the nationalizing tendency of the
+federal judiciary is unmistakable. But a constitutional reaction had set
+in; and even while John Marshall was setting forth the doctrine of
+national sovereignty in its most uncompromising form, John C. Calhoun in
+the quiet of his estate in South Carolina was elaborating a defense of
+state rights on premises which the great Chief Justice had combated for
+a quarter of a century.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     An adequate history of the Supreme Court has yet to be written. H.
+     L. Carson, _The History of the Supreme Court of the United States,
+     with biographies of all the chief and associate justices_ (2 vols.,
+     1902-04), and H. Flanders, _The Lives and Times of the
+     Chief-Justices of the Supreme Court_ (2 vols., 1855-58), are
+     serviceable works. The best selection of cases on constitutional
+     law is that by J. B. Thayer, _Cases in Constitutional Law_ (2 vols.,
+     1894-95). Some of the more important decisions may be found
+     abridged in Allen Johnson's _Readings in American Constitutional
+     History_ (1912). W. W. Willoughby, _The Supreme Court: its History
+     and Influence in our Constitutional System_ (1890), and _The American
+     Constitutional System_ (1904), are interesting volumes by an
+     authority on constitutional law. J. P. Kennedy, _Memoirs of the Life
+     of William Wirt_ (2 vols., 1850); G. J. McRee, _Life and
+     Correspondence of James Iredell_ (2 vols., 1857-58); W. W. Story,
+     _Life and Letters of Joseph Story_ (2 vols., 1851); and G. T.
+     Curtis, _Life of Daniel Webster_ (2 vols., 1870), contribute to an
+     understanding of the relation of the federal bench and bar.
+     Especially valuable is Charles Warren's _History of the American
+     Bar, Colonial and Federal, to 1860_ (1911). The progress of American
+     law is reviewed in _Two Centuries' Growth of American Law,
+     1701-1901_, by members of the faculty of the Yale Law School.
+
+
+
+
+INDEX
+
+
+Adams, Abigail, 120, 121.
+
+Adams, John, Minister to England, 7;
+  demands Western posts, 17;
+  on the adoption of the Constitution, 41;
+  elected Vice-President, 48;
+  on the President's address, 50;
+  re-elected Vice-President, 67;
+  candidate for the Presidency, 92;
+  elected President, 93;
+  his attitude toward France, 96;
+  appoints commissioners, 96-97;
+  urges preparations for war, 98;
+  sends X Y Z letters to Congress, 98;
+  appoints officers of army, 101-02;
+  at odds with Hamilton faction, 103;
+  resumes relations with France, 103-04;
+  his title to fame, 104;
+  pardons Fries, 113;
+  candidate for Presidency (1800), 116;
+  and federal judiciary, 121-22;
+  presidential elector (1820), 280;
+  on European entanglements, 289-90;
+  offers Chief Justiceship to Jay, 331.
+
+Adams, John Quincy, and the practice of law, 20;
+  on the new Constitution, 41;
+  special envoy to England, 87;
+  secures amendment of Jay Treaty, 88;
+  defends the embargo, 189;
+  resigns from Senate, 193;
+  commissioner at Ghent, 227-29;
+  on Jackson's invasion of Florida, 262;
+  his reply to Spain, 262-63;
+  on recognition of South American Republics, 290-91;
+  challenges British claims on Pacific, 292;
+  on future of Cuba, 292-93;
+  protests Russian claims on the Pacific Coast, 293;
+  advises against joint declaration with England, 295;
+  candidate for the Presidency (1824), 308;
+  favors internal improvements, 310;
+  favors Tariff of 1824, 312;
+  his electoral vote (1824), 312;
+  wins Clay's following, 313-14;
+  elected President by the House, 314;
+  appoints Clay Secretary of State, 315;
+  his first message, 318-19;
+  and the civil service, 318-19;
+  on the Panama Congress, 320, 321;
+  and the Creek Indians, 324-26;
+  and the Cherokee Indians, 326-27.
+
+Adet, French Minister to United States, interferes in the election
+  of 1800, 92-93;
+  on Jefferson as an American, 290.
+
+Agriculture, American, 126-27.
+
+Alabama, admitted as a State, 251.
+
+Alien and Sedition Acts, 109;
+  petitions for the repeal of, 112;
+  expiration of, 135.
+
+Allston, Washington, 286.
+
+Ambrister, Robert C., 261-62.
+
+Amelia Island, _entrepôt_ for neutral trade, 199;
+  occupied by the United States, 204;
+  evacuated, 219.
+
+American character, disclosed by the war, 232-33.
+
+American Insurance Company _v._ Canter, 341-42.
+
+American literature, want of, 283;
+  from 1815 to 1830, 284.
+
+Ames, Fisher, on the heads of departments, 89-90;
+  on the Republican opposition, 108;
+  on democracy, 161-62.
+
+Annapolis Trade Convention, 28.
+
+_Anthology and Boston Review_, 283.
+
+Anti-Federalists, and the Constitution, 39.
+
+Appointments, by Washington, 54-55;
+  by John Adams, 122;
+  by Jefferson, 130-31;
+  by John Q. Adams, 318-19.
+
+Arbuthnot, Alexander, 261-62.
+
+Army, at the establishment of Government, 55;
+  provisional, in 1798, 101-03;
+  at the beginning of the War of 1812, 212;
+  after the War of 1812, 241.
+
+Articles of Confederation, proposed amendments to, 6;
+  inadequacy of, 16-17, 21-24, 25-27.
+
+Assumption of state debts, 58-61.
+
+
+Ballou, Hosea, 288.
+
+Baltimore, and Western trade, 254, 256.
+
+Bancroft, George, 287.
+
+Bank of the United States, opposed by Jefferson, 62;
+  advocated by Hamilton, 63;
+  charter of, 63;
+  speculation in the stock of, 63-64;
+  Congress refuses to recharter, 239;
+  charter of the second, 239-40;
+  management of, 267;
+  investigation of, 267;
+  popular hostility to, 267-68;
+  taxation of the branches of, 268.
+
+Baptists, in New England, 247;
+  in the West, 301-02.
+
+Barbour, James, 271.
+
+Baumeler, Joseph, 246, 302.
+
+Bayard, James A., and the election of 1801, 118-19;
+  commissioner at Ghent, 227.
+
+Benton, Thomas H., on the election of 1825, 315-16.
+
+Berlin Decree, of Napoleon, 187;
+  its revocation, 200.
+
+Bible Society of the United States, 301.
+
+Bladensburg, battle of, 222.
+
+Blennerhassett, Harman, and Burr, 172-73, 175-76.
+
+Blockade of American ports by British cruisers, 181-82, 201, 218, 233.
+
+Blount conspiracy, 97.
+
+Bonus Bill, advocated by Calhoun, 257;
+  vetoed by Madison, 257.
+
+Boone, Daniel, 14.
+
+Boston, as an intellectual and literary center, 287.
+
+Bowdoin, Governor James, and Shays' Rebellion, 20-21;
+  suggests convention of the States, 27.
+
+Breckenridge, John, 110.
+
+Brown, Jacob, 220.
+
+Brown, Moses, 124.
+
+Bryant, William Cullen, 284.
+
+Burr, Aaron, candidate for the Vice-Presidency (1796), 92;
+  on politics in Connecticut, 115;
+  carries the city of New York (1800), 115-16;
+  elected Vice-President (1800), 118;
+  candidate for Governor of New York, 165;
+  approached by Federalists, 165-66;
+  his duel with Hamilton, 166;
+  his intrigues, 172-73;
+  his expedition, 173-76;
+  his arrest and trial, 176-78.
+
+
+Cabot, George, 164.
+
+Calhoun, John C., repudiates peaceable coercion, 207;
+  favors Tariff of 1816, 237;
+  his nationalism, 241-42;
+  on constitutional limitations, 242;
+  his Bonus Bill, 257;
+  Secretary of War, 258;
+  candidate for the Presidency, 307;
+  candidate for the Vice-Presidency, 308;
+  elected Vice-President, 312;
+  on the Tariff of 1828, 328-29;
+  elaborates his defense of state rights, 345.
+
+Campbell, Alexander, 288.
+
+Canada, proposed conquest of, 203, 213.
+
+Canals, constructed and projected, in 1825, 255-56.
+
+Canning, George, and the Chesapeake affair, 186;
+  on the embargo, 191;
+  on British naval losses, 216;
+  on intervention, 292;
+  overtures to Rush, 294;
+  on the new doctrine of President Monroe, 296.
+
+Capital, location of the national, 60-61;
+  removed from Philadelphia to Washington, 119-21.
+
+Caucus,
+  _congressional_ (1800), 116;
+      (1804), 167;
+      (1808), 193-94;
+      (1812), 216;
+      (1816), 243;
+        hostility to, 307, 308;
+      (1824), 308.
+  _legislative_, 305.
+
+Channing, William E., 288.
+
+Chase, Samuel, impeachment of, 139-41.
+
+Cherokee Indians, in Georgia, 326-27.
+
+Chesapeake Bay, navigation of, 27-28;
+  British military operations in, 221-23.
+
+Chesapeake, United States frigate, and the Leopard, 184-86;
+  reparation offered for, 197;
+  avenged, 202;
+  captured, 218.
+
+Chippewa, battle of, 220.
+
+Cincinnati, Society of the, 24.
+
+Civil service. _See_ Appointments.
+
+Claiborne, W. C. C., Governor of the Mississippi Territory, reports
+  withdrawal of the right of deposit, 148;
+  takes possession of West Florida, 204.
+
+Clark, George Rogers, and Genet, 74-75.
+
+Clay, Henry, his early career, 202-03;
+  in the Senate, 203;
+  Speaker of the House, 207;
+  commissioner at Ghent, 227, 229;
+  his nationalism, 241-42;
+  on the National Bank Bill, 242;
+  opposes the Florida Treaty, 264-65;
+  on the extension of slavery, 270;
+  on the admission of Missouri, 279;
+  on the counting of the electoral vote (1820), 280;
+  advocates an American system, 289;
+  candidate for the Presidency (1824), 307-08;
+  on internal improvements, 309-10;
+  urges a protective tariff, 310;
+  favors the Tariff of 1824, 312;
+  his electoral vote (1824), 312;
+  and Jackson, 313, 314, 315;
+  and Crawford, 313;
+  and Adams, 313-14;
+  accepts Secretaryship of State, 314;
+  denies corrupt-bargain charge, 313-15;
+  favors Panama Congress, 320;
+  on the status of Cuba, 321.
+
+Clinton, De Witt, nominated for the Presidency (1812), 216;
+  promotes the Erie Canal, 255-56.
+
+Clinton, George, candidate for Vice-Presidency (1792), 67;
+  elected Vice-President (1804), 167;
+  candidate for the Presidency (1808), 194.
+
+Cohens _v._ Virginia, 336-37.
+
+Colonization Society, 272.
+
+Commerce,
+  _foreign_, during the Revolution, 2;
+      restrictions upon, 3, 7;
+      power to regulate, 34;
+      revival of, 46-47;
+      aggressions on, 76-77, 86-87;
+      and Jay's Treaty, 85-87;
+    Mississippi opened to, 87;
+    during European wars, 124, 179-80;
+    during the War of 1812, 233;
+    after the Treaty of Ghent, 233-34.
+  _internal_,
+    between South and Northwest, 252-53;
+    along the Mississippi, 253-54;
+    between East and other sections, 254-56.
+
+Commonwealth _v._ Caton, 19.
+
+Compromises of the Constitution, 33-35.
+
+Congress,
+  _of the Confederation_, and finance, 5-6;
+    peregrinations of, 6;
+    and foreign commerce, 7-8;
+    and the public domain, 8;
+    organizes the Northwest Territory, 10-12;
+    and the State of Franklin, 15;
+    and Shays' Rebellion, 21-22;
+    and the Annapolis Convention, 28-29;
+    and the new Constitution, 38, 44.
+  _of the new Union_, elections to, 44;
+    assembles, 47;
+    organizes, 48;
+    attends the counting of the electoral vote, 48;
+    hears the inaugural address, 48, 49;
+    enters upon its duties, 50.
+
+Connecticut, favors the open door, 8;
+  ratifies the Constitution, 41;
+  refuses call for militia, 213;
+  and the Hartford Convention, 224;
+  adopts a new Constitution, 304;
+  suffrage in, 304;
+  authorizes first law reports, 332.
+
+Connecticut Wits, the, 123.
+
+Constitution of the United States, drafting of, 30-35;
+  publication of, 35-38;
+  ratification of, 39-43;
+  voting on, 43-44;
+  first amendments to, 55;
+  Twelfth Amendment to, 166-67;
+  judicial interpretation of, 331-45.
+
+Constitution, United States frigate, captures L'Insurgente, 101;
+  captures the Guerrière, 215;
+  captures the Java, 216.
+
+Constitutions, of new States, 303-04;
+  of the old States, 304-05.
+
+Convention of 1787, origin, 28-29;
+  choice of delegates to, 29;
+  proceedings of, 30-38;
+  journal of, 30;
+  its work, 35-36.
+
+Cooper, J. Fenimore, 285.
+
+Corrupt-bargain cry, in 1825, 313-15.
+
+Cotton gin, invention of, 127;
+  effect of, 127-28.
+
+Cotton-growing, spread of, 127, 249-51.
+
+Cotton manufacturing, beginnings of, 124;
+  after the embargo, 234-35;
+  after the Peace of Ghent, 235-36.
+
+Court reports, first published, 332.
+
+Courts, federal. _See_ Federal judiciary, Judiciary Act, etc.
+
+Crawford, William H., candidate for presidential nomination (1816), 243-44;
+  nominated for the Presidency (1824), 308;
+  on internal improvements, 310;
+  on the Tariff of 1824, 312;
+  his electoral vote (1824), 312;
+  his vote in the election by the House, 314.
+
+Creek Indians, rising of, 219;
+  capitulation of, 220;
+  in East Florida, 260;
+  lands in Georgia, 324-26.
+
+Crisis of 1819, 266-67.
+
+Cuba, interest of the United States in, 293, 321.
+
+Cumberland Road. _See_ National Road.
+
+Currency, under the Confederation, 5;
+  after the War of 1812, 238-39, 240-41.
+
+Cushing, William, 54.
+
+Cutler, Manasseh, 11-12.
+
+
+Dallas, A. J., Secretary of the Treasury, and the tariff, 237-38;
+  and the new National Bank, 241.
+
+Dartmouth College Case, 342-43.
+
+Davis, Jefferson, father of, 249.
+
+Dearborn, Henry, Secretary of War, 130-31;
+  in the War of 1812, 213, 218.
+
+Decatur, Stephen, 145, 215.
+
+Delaware, instructs delegates to the Federal Convention, 30;
+  ratifies the Constitution, 41.
+
+Democracy in the United States, 298-301, 303-07.
+
+Democratic societies, founded, 75;
+  condemned by Washington, 83-84.
+
+_Demos Krateo_ principle, 315-16.
+
+Dennie, Joseph, 283.
+
+Departments, executive, organized, 51-52;
+  Fisher Ames on, 89-90.
+
+Deposit, right of, at New Orleans, 87;
+  withdrawn, 148.
+
+Detroit, surrender of, 214.
+
+Dorchester, Lord, Governor of Canada, 68, 78-79.
+
+Duties on imports, proposed in 1781, 1783, 6.
+
+Dwight, Timothy, his _Conquest of Canaan_, 123;
+  on the back-country people, 247.
+
+
+East Florida, revolution in, 204;
+  occupied by United States, 204;
+  rendezvous, 259-60;
+  invaded by Jackson, 260-62.
+
+Ellsworth, Oliver, 53-54.
+
+Embargo Act, _of 1794_, 79;
+  _of 1807_, 188-89;
+    enforcement of, 190-91, 194-95;
+    as a coercive weapon, 190, 192;
+    effect of, 191-93;
+    in New England, 193, 195;
+    repeal of, 196;
+  _of 1812_, 209.
+
+Emerson, Ralph Waldo, 287.
+
+Emigration, from New England, 247-48;
+  from the Middle States, 248;
+  from the South, 249.
+
+Era of Good Feelings, 266.
+
+Erie Canal, construction of, 255-56.
+
+Erskine, D. M., British Minister to the United States, 197.
+
+Essex, case of the, 180.
+
+Essex Junto, 164, 193, 224.
+
+Everett, Edward, 287.
+
+Executive Departments, establishment of, 51-52.
+
+
+Fallen Timber, battle of, 80-81.
+
+Far West, 258-59.
+
+Fauchet, J. A. J., succeeds Genet, 76;
+  urges acquisition of Louisiana, 91.
+
+Fearon, Henry B., 247, 248.
+
+Federal Convention of 1787. _See_ Convention of 1787.
+
+_Federalist_, the, 43.
+
+Federalist party, origin of, 39-40.
+  _See also_ Presidential elections.
+
+Finances, of the Confederation, 5-6;
+  of the new Government, 50-51, 56-64.
+
+Fiscal administration, beginnings of national, 51.
+
+Fisheries, discussed at Ghent, 229;
+  in the Convention of 1818, 259.
+
+Fletcher _v._ Peck, 170, 342.
+
+Floridas, controversy over the boundaries of, 16, 68;
+  northern boundary settled, 87;
+  proposed purchase of, 148;
+  and the province of Louisiana, 151, 158-59;
+  sought by Jefferson, 170-71;
+  acquisition of, 264.
+
+Florida Treaty, 264-65.
+
+Foreign-born in the United States, 245-46.
+
+Foster, A. J., British Minister to the United States, 201.
+
+France, concessions to American commerce, 46;
+  covets Spanish colonies, 70-71;
+  sends Genet to United States, 71-72;
+  demands rights under treaties of 1778, 72-73;
+  substitutes Fauchet for Genet, 76;
+  opens colonies to neutral trade, 76-77;
+  attempts to procure Louisiana, 91;
+  offended at Jay's Treaty, 92-93;
+  refuses to receive Pinckney, 95;
+  the X Y Z affair, 98-99;
+  involved in hostilities with United States, 101;
+  convention of 1800, 104, 146;
+  acquires Louisiana, 146;
+  expedition against Santo Domingo, 146-47;
+  cedes Louisiana to United States, 149, 150;
+  continental system, 187-88;
+  and the embargo, 191-92;
+  sequesters American vessels, 199-200;
+  withdraws decrees, 200.
+
+Franklin, Benjamin, in the Convention of 1787, 30, 32.
+
+Franklin, State of, 15.
+
+French Revolution, influence on America, 72.
+
+Freneau, Philip, 65-66, 123.
+
+Fries Rebellion, 113.
+
+Fulton, Robert, 232.
+
+
+Gallatin, Albert, Representative, 89;
+  on the treaty-making power, 90-91;
+  Secretary of the Treasury, 130;
+  his policy of retrenchment, 132-33;
+  and the Mediterranean Fund, 144;
+  urges enforcement of the embargo, 194;
+  recommends war taxes, 208;
+  commissioner at Ghent, 227, 229;
+  and the Convention of 1818, 259;
+  on equality in Pennsylvania, 300.
+
+Gardoqui, Don Diego de, Spanish Minister to United States, 16.
+
+Genet, E. C., French Minister to United States, 71-72;
+  designs on Florida and Louisiana, 73;
+  sets up prize courts, 73-74;
+  revolutionary activities, 73-75;
+  discredited, 76;
+  recalled, 76.
+
+Georgia, ratifies the Constitution, 41;
+  and the Yazoo land grants, 168-70;
+  and the Creek Indians, 324;
+  protests against the Treaty of Washington, 325;
+  and the Indian lands, 325-26;
+  protests against the tariff, 327.
+
+Gerry, Elbridge, commissioner to France, 96;
+  and the X Y Z affair, 98-100;
+  elected Vice-President (1812), 216.
+
+Ghent, Treaty of, preliminary negotiations, 227-29;
+  terms of, 229-30.
+
+Gibbons _v._ Ogden, 343-45.
+
+Giles, William, resolution censuring Hamilton, 66;
+  on the reform of the judiciary, 134-35;
+  on impeachment, 140.
+
+Gray, Captain Robert, of the Columbia, 47.
+
+Great Britain, imposes restriction on American commerce, 3;
+  refuses commercial treaty, 7;
+  retains Western posts, 7;
+  Nootka Sound affair, 69;
+  policy in the Northwest, 68-70;
+  and the Rule of 1756, 76-77;
+  preys on neutral commerce, 77-78;
+  and the Jay Treaty, 84-88;
+  and the Blount conspiracy, 97;
+  and the case of the Essex, 180;
+  exercises right of search, 182;
+  condones impressment, 182;
+  evades reparation for the Chesapeake affair, 186;
+  demands recall of proclamation, 186;
+  retaliates for French decrees, 188;
+  and the embargo, 191;
+  repudiates Erskine Treaty, 197;
+  recalls Jackson, 198;
+  and the withdrawal of French decrees, 200;
+  offers reparation for the Chesapeake affair, 201;
+  blockades New York, 201;
+  incurs American hostility, 208-10;
+  withdraws orders in council, 210;
+  and the War of 1812, 212-30;
+  declines Russian mediation, 227;
+  negotiates for peace, 227;
+  concludes Treaty of Ghent, 228-29;
+  concludes Convention of 1818, 259;
+  aroused by Jackson's Florida campaign, 262;
+  and the European congresses, 291;
+  protests against intervention, 292;
+  overtures to the United States, 292-94.
+
+Green _v._ Biddle, 340.
+
+Greenville, Treaty of, 87;
+  disregarded by settlers, 205.
+
+Grenville, Lord, negotiates with Jay, 79, 85.
+
+Griswold, Roger, on the treaty-making power, 90;
+  and the project of a New England confederacy, 164;
+  on the office of Vice-President, 167.
+
+Grundy, Felix, 207.
+
+Guerrière, British frigate, 202, 215.
+
+
+Hamilton, Alexander, defends Waddington, 4;
+  drafts Annapolis report, 28;
+  on the opposition to the Constitution, 41;
+  contributes to the _Federalist_ papers, 43;
+  and the bill to establish the Treasury Department, 52;
+  Secretary of the Treasury, 54;
+  first Report on the Public Credit, 56-60;
+  alleged deal with Jefferson, 61-62;
+  second Report, 61-62;
+  on the National Bank Bill, 62-63;
+  on the French treaties, 73;
+  defends Jay's Treaty, 86;
+  retires from the Treasury, 89;
+  and the Presidency, 92;
+  advises recall of Monroe, 95;
+  major-general, 102;
+  urges enforcement of Alien Act, 113;
+  hostility to John Adams, 116;
+  opposes Federalist alliance with Burr, 165;
+  duel with Burr, 166.
+
+Hard times, under the Confederation, 2-3;
+  in 1819-20, 268-69.
+
+Harmar, Fort, seat of government in the Northwest, 14.
+
+Harrisburg Convention, 327-28.
+
+Harrison, William Henry, concludes Indian treaties, 205-06;
+  wins battle of Tippecanoe, 200;
+  in the War of 1812, 217-18.
+
+Hartford Convention, origin of, 224-25;
+  journal of, 225;
+  report of, 225-27.
+
+Harvard College, 287.
+
+Hayne, Robert Y., on the Panama Mission, 322-23.
+
+Henry of Prussia, Prince, and the regency of the United States, 24.
+
+Hicks, Elias, 288.
+
+Holy Alliance, designs of the so-called, 291.
+
+Hopkinson, Joseph, 101.
+
+Horseshoe Bend, battle of, 220.
+
+Hudson's Bay Company, 259.
+
+Hull, Captain Isaac, captures the Guerrière, 215.
+
+Hull, General William, surrenders Detroit, 214.
+
+
+Ildefonso, Treaty of, 146.
+
+Illinois, settlement of, 248;
+  admitted as a State, 251.
+
+Immigration into the United States, 245.
+
+Impeachment, of Senator Blount, 97;
+  of Judge Pickering, 138-39;
+  of Justice Chase, 139-41.
+
+Impressment of American seamen, in 1793-94, 77-78;
+  not mentioned in the Jay Treaty, 84-85;
+  condoned by the British Admiralty, 182;
+  deeply resented in United States in 1806, 183;
+  abolition demanded by Monroe, 186;
+  as a cause of the War of 1812, 209;
+  in the negotiations at Ghent, 228
+  and the Treaty of Ghent, 229-30.
+
+Imprisonment for debt, 269.
+
+Indiana, settlement of, 245;
+  admitted as a State, 251.
+
+Indian Treaties in the Northwest, 205-06.
+
+Industry, during the Revolution, 2;
+  revival of, 47;
+  protection of, in the tariff of 1789, 51;
+  growth of, 124.
+  _See also_ special industries, and Tariff Acts.
+
+Ingersoll, Jared, 216.
+
+Internal improvements, popular demand for, 255;
+  carried on by States, 255-56;
+  proposed by Gallatin in 1806, 256;
+  Calhoun's Bonus Bill, 257;
+  Madison on, 257;
+  Monroe on, 258;
+  in Congress, 258, 309;
+  Survey Bill, 309.
+
+Intervention of the Great Powers, in Italy, 292;
+  in Spain, 292.
+
+Irving, Washington, 284, 285.
+
+
+Jackson, Andrew, wins battle of Horseshoe Bend, 220;
+  concludes treaty with the Creeks, 220;
+  wins the battle of New Orleans, 227;
+  invades East Florida, 261-62;
+  on precedent, 268;
+  on rotation in office, 304;
+  candidate for the Presidency (1824), 307-08;
+  favors Survey Bill, 310;
+  favors protective policy, 312;
+  his electoral vote (1824), 312;
+  his vote in the House election, 314;
+  and Clay, 315;
+  significance of his popular vote, 316;
+  candidate for the Presidency (1828), 318.
+
+Jackson, F. J., British Minister to United States, 198.
+
+Jacobinism, 107, 114, 161.
+
+Jay, John, diplomatic agent of United States, 16;
+  contributes to the _Federalist_ papers, 43;
+  appointed Chief justice, 54;
+  envoy extraordinary to England, 79;
+  drafts treaty, 84;
+  declines appointment as Chief Justice, 331-32.
+
+Jay Treaty, negotiated, 84;
+  discussed in Senate, 84-85;
+  evaluation of, 85-86;
+  popular opinion of, 86;
+  amended in Senate, 86-87;
+  promulgated by President, 88;
+  debated in the House, 90-91;
+  gives offense to France, 92-93.
+
+Jefferson, Thomas, Ordinance of 1784, 8;
+  Secretary of State, 54;
+  on speculation in government paper, 58;
+  on assumption, 60-61;
+  on the excise, 62;
+  on the Bank Bill, 62-63;
+  his distrust of Hamilton, 64;
+  fears British designs on Louisiana, 69;
+  on the French treaties, 73;
+  proposes retaliatory legislation against England, 78;
+  candidate for the Presidency (1796), 92;
+  elected Vice-President, 93;
+  on war message of Adams, 98;
+  drafts Kentucky Resolutions, 110;
+  candidate for the Presidency (1800), 110;
+  directs political campaign of 1800, 112;
+  elected President, 118;
+  on the Revolution of 1800, 119;
+  personal appearance, 128;
+  on husbandry, 128;
+  on commerce and coercion, 129;
+  inaugural address, 129-30;
+  on the work of the general Government, 130;
+  and the patronage, 131-33;
+  mastery of Congress, 132, 133-34;
+  on retrenchment, 132-33;
+  on the judiciary, 134-35, 141, 331;
+  on impeachment, 141;
+  on the navy, 143;
+  on the retrocession of Louisiana, 147;
+  instructions to Livingston, 148;
+  his information about Louisiana, 152;
+  authorizes Lewis and Clark expedition, 152;
+  on the acquisition of Louisiana, 153-54;
+  on New England Federalism, 162-63;
+  reëlected President (1804), 167;
+  attempts to acquire the Floridas, 170-71;
+  his proclamation against Burr, 175;
+  sends Pinkney to England, 181;
+  and the Chesapeake affair, 186;
+  recommends embargo, 190;
+  abdicates, 194;
+  favors protection of manufactures, 236;
+  on Canning's overtures, 294;
+  on internal improvements, 319.
+
+Johnson, R. M., 271.
+
+Judicial review, power of, 4, 19, 137-38.
+
+Judiciary Act, _of 1789_, passed, 53-54;
+    tested, 335-37;
+  _of 1801_, passed, 121-22;
+    repealed, 134-35.
+
+Judiciary, federal, organized, 53-54;
+  reorganized, 121-22;
+  and Republican reforms, 134-35;
+  feared by Jefferson, 331;
+  influence in 1800, 331-32;
+  controversy with Pennsylvania, 333-35;
+  controversy with Virginia, 336-37, 338-39;
+  expands the Constitution, 341-45;
+  nationalizing influence, 345.
+
+
+Kent, James, on universal suffrage, 305;
+  his appointment to the Supreme Court urged, 345.
+
+Kentucky, separatist movement in, 16;
+  admitted as a State, 55;
+  intrigues in, 68;
+  radical legislation in, 268;
+  protests against the decision of court in Green _v._ Biddle, 340.
+
+King, Rufus, candidate for the Vice-Presidency, 167, 194;
+  elected Vice-President, 244;
+  on slavery in Missouri, 277.
+
+Kirby, Ephraim, 332.
+
+Knox, Henry, refuses to serve in the provisional army, 10;
+  Secretary of War, 22, 55;
+  and Shays' Rebellion, 22.
+
+Kremer, George, 314.
+
+
+L'Ambuscade, French frigate, 74.
+
+Land Act of 1820, 269.
+
+Land Ordinance of 1785, 10.
+
+Lands, disposal of the public, 10-12, 269-70.
+
+Latrobe, Benjamin H., 123, 236.
+
+Leander, British frigate, 181-82.
+
+Leclerc, V. E., expedition against Santo Domingo, 146-47, 149.
+
+Lee, Henry, and the Whiskey Insurrection, 83.
+
+Leopard-Chesapeake affair, 184-86.
+
+Lewis and Clark expedition, 152-53.
+
+Lincoln, Abraham, father of, 249;
+  education of, 303.
+
+Lincoln, Levi, 130-31.
+
+L'Insurgente, French frigate, 101.
+
+Little Belt, British sloop-of-war, 202.
+
+Little Sarah affair, 75.
+
+Livingston, Robert, Minister to France, 148-49;
+  negotiates for Louisiana, 150-51;
+  on the bounds of Louisiana, 151, 158-59.
+
+Louisiana, Spanish province, threatened by France, 71;
+  retroceded to France, 146;
+  acquired by the United States, 149-51;
+  Senate opposition to, 155-56;
+  provision for the government of, 156-58;
+  transfer of, 157;
+  bounds of, 158-59;
+  western boundary settled, 264.
+
+Lowndes, William, 307.
+
+Lundy's Lane, battle of, 220.
+
+Lyon, Matthew, prosecution of, 110.
+
+
+M'Culloch _v._ Maryland, 268, 337-38.
+
+Macdonough, Thomas, wins battle of Plattsburg, 221-22.
+
+McHenry, James, Secretary of War, 101, 103.
+
+Maclay, William, on the President's address, 50;
+  on the Judiciary Act, 54.
+
+Macon bills, 199.
+
+Macon, Nathaniel, Speaker of the House, 133-34;
+  on non-intercourse, 199.
+
+Madison, James, on affairs in Georgia, 7;
+  on state jealousies, 8;
+  in the Federal Convention, 29-30;
+  contributes to the _Federalist_ papers, 43;
+  proposes constitutional amendments, 55;
+  on stock-jobbing, 63-64;
+  on Hamilton's financial policy, 64;
+  proposes retaliatory legislation (1793), 78;
+  drafts Virginia Resolutions, 110-11;
+  Secretary of State, 130;
+  on the Yazoo commission, 169;
+  favors peaceable coercion, 180-81;
+  on impressments, 186;
+  and George Rose, 187;
+  elected President, 194;
+  and Erskine, 197;
+  and Jackson, 198;
+  issues proclamation against England, 200;
+  authorizes occupation of West Florida, 204;
+  and the war party, 208-09;
+  recommends an embargo, 209;
+  his war message, 209-10;
+  his proclamation of war, 210;
+  reëlected President (1812), 216-17;
+  and New England, 223, 225;
+  his estimate of the war, 231-32;
+  favors mild protection of industries, 236;
+  vetoes Bank Bill, 239;
+  signs second Bank Bill, 239;
+  message of 1815, 241;
+  his farewell address, 243, 257;
+  on Canning's overtures, 294.
+
+Magazines as literature, 1815-30, 284.
+
+Mahan, Admiral A. T., on the War of 1812, 231.
+
+Maine, the admission of, 275-77;
+  suffrage in, 304.
+
+Malbone, Edward G., 286.
+
+Manufactures, beginnings of, 46, 124.
+  _See_ special industries.
+
+Marbury _v._ Madison, case of, 136-37;
+  constitutional importance of, 333.
+
+Marietta, founding of, 13.
+
+Marshall, John, on the Constitution as the expression of the will of
+  the people, 43;
+  commissioner to France, 96;
+  and the X Y Z affair, 98-100;
+  appointed Chief Justice, 136;
+  and Jefferson, 136;
+  opinion in Marbury _v._ Madison, 136-37, 333;
+  at the trial of Burr, 177-78;
+  influence of, 332-33;
+  opinion in United States _v._ Peters, 334;
+  opinion in Cohens _v._ Virginia, 336-37;
+  opinion in M'Culloch _v._ Maryland, 337-38;
+  opinion in United States _v._ Fisher, 338;
+  opinion in American Insurance Company _v._ Canter, 341-42;
+  opinion in Fletcher _v._ Peck, 342;
+  opinion in Dartmouth College Case, 342-43;
+  opinion in Gibbons _v._ Ogden, 343-45.
+
+Martin, Luther, 18, 177.
+
+Martin _v._ Hunter's Lessee, 335-36.
+
+Maryland, commercial differences with Virginia, 27-28;
+  ratifies the Constitution, 41;
+  taxes branch bank, 337.
+
+Mason, George, 34.
+
+Massachusetts, disorders in, 19-20;
+  Shays' Rebellion, 20-22;
+  ratifies the Constitution, 41;
+  refuses call for militia, 213;
+  calls Hartford Convention, 224;
+  dispatches commissioners to Washington, 227;
+  suffrage in, 305.
+
+Mediterranean Fund, 144.
+
+Methodism, in New England, 247;
+  in the West, 301-02.
+
+Metternich, Prince, and the Holy Alliance, 291-92.
+
+Migration, inter-state, after the Revolution, 13-14;
+  after the War of 1812, 246-47.
+
+Milan Decree, issued by Napoleon, 188;
+  withdrawn, 200.
+
+Militia question, in Massachusetts, 213, 223.
+
+Miranda, Francisco, 70.
+
+Missionary enterprises, 288.
+
+Mississippi, admitted as a State, 25;
+  suffrage in, 303.
+
+Mississippi River, navigation of, 16, 87, 229.
+
+Missouri, admission as a State, 277, 279;
+  electoral vote in 1820, 280.
+
+Missouri Compromise, the, 277.
+
+Missouri controversy, political aspects, 274-75;
+  and public opinion, 275;
+  constitutional aspects, 276-77;
+  settlement, 277, 279.
+
+Monroe, James, Minister to France, 94-95;
+  recalled, 95;
+  and the purchase of Louisiana, 149-50;
+  Minister to England, 183-84;
+  candidate for the Presidency (1808), 194;
+  elected President (1816), 244;
+  on internal improvements, 258;
+  and General Jackson, 260-63;
+  reëlected President (1820), 280;
+  on recognition of South American republics, 290;
+  on Canning's overtures, 294;
+  re-drafts message, 295;
+  message of 1823, 295-96;
+  vetoes Cumberland Road Bill, 309;
+  pardons Pennsylvania militiamen, 334-35.
+
+Monroe Doctrine, genesis of, 289-95;
+  in the President's message, 295-96;
+  Canning on, 296;
+  implications of, 296-97, 322.
+
+Moore, Thomas, on American letters, 123.
+
+Morfontaine, Treaty of, 104, 146.
+
+Mormonism, rise of, 302.
+
+Morris, Gouverneur, in Federal Convention, 35-36;
+  on the Constitution, 331.
+
+Morris, Robert, Superintendent of Finance, 5.
+
+
+Napoleon Bonaparte, concludes convention with United States, 146;
+  acquires Louisiana, 146;
+  sends Leclerc against Santo Domingo, 146;
+  sells Louisiana to United States, 149-50;
+  his Berlin Decree, 187;
+  his Milan Decree, 188;
+  sequesters American vessels, 189-200;
+  and the embargo, 191-92;
+  revokes decrees, 200.
+
+_National Gazette_, Republican newspaper, 65.
+
+National Road, construction of, 256;
+  appropriations for, 258;
+  bill for collection of tolls on, 309.
+
+Naturalization Act, _of 1798_, 109;
+  _of 1801_, 135-36.
+
+Navigation laws, want of power in Congress to pass, 7;
+  of the States, 8;
+  passed by Congress (1789), 51;
+  and shipping, 124.
+
+Navy of the United States, in 1798-99, 101;
+  under Jefferson, 133;
+  in Tripolitan War, 144-45;
+  in the War of 1812, 212-30, _passim_.
+
+Navy Department, established, 101.
+
+Neutrality, proclamation of, 72-73.
+
+Neutral trade. _See_ Commerce.
+
+New England Confederacy, projected in 1804, 163-66.
+
+New England Federalism, characteristics of, 161-63;
+  and the embargo, 192-93, 195-96.
+
+New Hampshire, ratifies the Constitution, 41;
+  on assumption, 60;
+  and the Hartford Convention, 224.
+
+New Jersey, and its neighbors under the Confederation, 8;
+  ratifies the Constitution, 41.
+
+New Orleans, battle of, 227.
+
+Newspapers, character of, in 1800, 107, 110, 112;
+  founding of, 112.
+
+New York, treatment of the Tories in, 4;
+  ratifies the Constitution, 42-43;
+  settlement of western, 248;
+  constitution of 1821, 304-05.
+
+New York City, and Western trade, 255-56;
+  as a literary center, 286.
+
+Nicholson, Joseph, and the impeachment of Pickering, 139;
+  on the nature of impeachable offenses, 140.
+
+Nominating methods, changes in, 305, 307, 308.
+
+Non-Importation Act of 1806, 181, 188.
+
+Non-Intercourse Act of 1809, 196;
+  evasions of, 198-99;
+  enforcement of, 198-99;
+  revived against England, 201.
+
+Nootka Sound affair, 69.
+
+_North American Review_, founded 283-84.
+
+North Carolina, and the Watauga settlers, 14-15;
+  rejects the Constitution, 44;
+  ratifies the Constitution, 55.
+
+Northwest, receives settlers from New England, 13-14, 247;
+  from the Middle States, 248;
+  from the South, 248-49;
+  commerce of, 252-54.
+
+
+Ohio Company, origin of, 10-11;
+  concessions of Congress to, 11-12;
+  begins colonization, 13.
+
+Ohio, taxes branch Bank of the United States, 268;
+  seizes funds, 340;
+  forced to make restitution, 341.
+
+Olmstead, Gideon, claimant in federal courts, 333-34.
+
+Onis, Luis de, Spanish Minister to the United States, 262-64.
+
+Orders in council, _of 1783_, 3;
+  _of 1793-94_, 77-78;
+  _of 1807_, 188;
+  withdrawal in 1812, 210.
+
+Ordinance of 1784, 9;
+  _of 1785_, 10;
+  _of 1787_, 12-13.
+
+Oregon, joint occupation of, 259.
+
+Otis, Harrison Gray, 225.
+
+
+Palfrey, John G., 287.
+
+Panama, Congress, invitation to, 320-21;
+  opposition in Congress to, 322-23;
+  fate of the mission, 323.
+
+Paper money, continental, 5;
+  state, 17-18.
+
+Paris, Treaty of, aftermath of, 1-2.
+
+Parsons, Samuel, 11.
+
+Party, deprecated by Washington, 108;
+  identified with faction, 108-09;
+  rights of, in opposition, 114;
+  place of, in popular government, 119.
+
+Party organization, 107, 305, 307.
+
+Pasha of Tripoli, 143, 145.
+
+Paterson, William, in the Federal Convention, 31-32.
+
+Patronage. _See_ Appointments.
+
+Pennsylvania, and the Federal judiciary, 333-35.
+
+Perry, Oliver H., wins naval supremacy of Lake Erie, 217.
+
+Philadelphia, as the seat of government, 119-20;
+  as a literary center, 123;
+  and Western trade, 254, 256.
+
+Pickering, John, impeachment of, 138-39.
+
+Pickering, Timothy, Secretary of State, 103, 113;
+  on the Louisiana Treaty, 156;
+  plots a New England confederacy, 164;
+  opposes the embargo, 193;
+  secessionist in 1814, 225.
+
+Pike, Zebulon M., expeditions of, 153.
+
+Pinckney, Charles, and the election of 1800, 117.
+
+Pinckney, Charles C, Minister to France, 95;
+  commissioner to France, 96;
+  and the X Y Z affair, 98-99;
+  appointed major-general, 102;
+  candidate for the Vice-Presidency (1800), 116;
+  candidate for the Presidency (1804), 167;
+  candidate for the Presidency (1808), 194.
+
+Pinckney, Thomas, concludes Treaty of San Lorenzo, 87;
+  candidate for the Vice-Presidency (1800), 92-93.
+
+Pinkney, William, Envoy to England, 181;
+  negotiates treaty, 184;
+  takes abrupt leave, 201;
+  on the admission of Missouri, 276-77;
+  influence at the federal bar, 333.
+
+Pittsburg, distributing center in the West, 254.
+
+Plattsburg, battle of, 221-22.
+
+_Port Folio_, Dennie's, 283.
+
+Postal service in 1800, 106.
+
+Posts, retention of Western, 17, 68, 79, 84.
+
+Potomac, navigation of, 16, 27-28;
+  location of the capital on, 60-61.
+
+Preble, Edward, and the Tripolitan War, 145.
+
+Prescott, William H., 287.
+
+Presidency, created in the Federal Convention, 34-35.
+
+President, appointing and removing power of, 52.
+
+President, American frigate, 202.
+
+Presidential elections, _of 1788_, 48;
+  _of 1792_, 66-67;
+  _of 1796_, 92-94;
+  _of 1800_, 115-17;
+  _of 1801_, 118-19;
+  _of 1804_, 167;
+  _of 1808_, 193-94;
+  _of 1812_, 216-17;
+  _of 1816_, 243-44;
+  _of 1820_, 280;
+  _of 1824_, 312-13, 316;
+  _of 1825_, 314.
+
+Prevost, Sir George, 221-22.
+
+Privateers, in the War of 1812, 218-19.
+
+Prophet, the, 205.
+
+Public domain, origin of, 8.
+
+
+Quids, followers of Randolph, 170.
+
+
+Rambouillet, decree of, 199-200.
+
+Randolph, Edmund, in the Federal Convention, 30-31;
+  Attorney-General, 55;
+  on the French treaties of 1778, 73.
+
+Randolph, John, position in the House, 134;
+  in the Chase impeachment, 139-41;
+  and the Yazoo controversy, 169-70;
+  and the purchase of Florida, 171;
+  and the indictment of Burr, 177;
+  derides the Non-Importation Bill, 181;
+  on the cause of the War of 1812, 213;
+  on the Tariff of 1816, 237;
+  on state rights, 243;
+  on the Tariff of 1828, 330.
+
+Rapp, George, 302.
+
+Relief Act of 1821, 269.
+
+Republican court at Philadelphia, 119-20.
+
+Republican party, origin of, 64-67.
+  _See also_ Presidential elections.
+
+Revivals in New England, 288.
+
+Rhea letter to General Jackson, 261.
+
+Rhode Island, opposes changes in the Articles of Confederation, 6;
+  paper money craze, 18-19;
+  out of the new Union, 44;
+  ratifies the Constitution, 55;
+  and the Hartford Convention, 224.
+
+Right of deposit at New Orleans, 87;
+  withdrawn, 148.
+
+Roane, Spencer, resists judgment in the case of Martin _v._ Hunter's
+  Lessee, 336;
+  attacks the federal judiciary, 338-39.
+
+Robertson, James, 14, 68.
+
+Rodgers, John, 201, 202.
+
+Rose, George, 186-87.
+
+Rule of 1756, 76-77, 179-80.
+
+Rush, Benjamin, Minister to England, 259;
+  Canning's overtures to, 294.
+
+Russell, Jonathan, commissioner at Ghent, 227.
+
+Russia, offers to mediate in 1813, 227;
+  and the Holy Alliance, 291;
+  and intervention, 292;
+  claims on the Pacific Coast, 293;
+  concludes the Treaty of 1824, 296.
+
+Rutgers _v._ Waddington, 4.
+
+Rutledge, John, 54.
+
+
+St. Clair, Arthur, Governor of Northwest Territory, 14;
+  defeated by the Indians, 70.
+
+San Lorenzo, Treaty of, 87.
+
+Santo Domingo, negro republic, 146;
+  resists French expedition, 146-47.
+
+Scioto Company, land grants to, 11-12.
+
+Scott, Winfield, 220.
+
+Sedition Act, prosecutions under, 114.
+
+Seminole War, 260-262.
+
+Sevier, John, 15, 68.
+
+Shaker Societies, 302.
+
+Shays' Rebellion, 20-22.
+
+Shipping, of the United States, during the European wars, 124, 126;
+  after the Treaty of Ghent, 234.
+
+Simcoe, J. G., 80.
+
+Slater, Samuel, 124.
+
+Slavery, debated in Congress, 270-271, 277;
+  in Missouri, 270;
+  extent in 1789, 271-272;
+  decrease in North, 272;
+  recognized by the Constitution, 272-73;
+  congressional legislation on, 273-74;
+  and the Missouri Compromise, 277.
+
+Slave trade, acts relating to, 273;
+  extent of, 273;
+  forbidden by the Act of 1807, 273-74;
+  extent of, after 1808, 274.
+
+Smith, Joseph, 302.
+
+Smith, Robert, 140, 198.
+
+Smith, William, 105.
+
+Somers, Richard, 145.
+
+South, effect of cotton gin upon, 250;
+  extention of cotton growing in, 251-52;
+  becomes the market for Northwest, 252-53.
+
+South American republics, recognition of, 289-91.
+
+South Carolina, ratifies the Constitution, 41.
+
+Southwest, colonization of, 14-15, 249-52;
+  commerce of, 15-16;
+  a frontier society, 251-52;
+  diverges from Northwest, 252.
+
+Spain, disputes the line of 1783, 16-17;
+  in the Southwest, 68, 70;
+  concludes Treaty of San Lorenzo, 87;
+  withholds posts, 97;
+  cedes Louisiana to France, 146;
+  retains the Floridas, 159;
+  menaced by the United States, 170-72;
+  threatens hostilities, 173-74;
+  in East Florida, 260;
+  protests against Jackson's invasion, 262;
+  cedes the Floridas to the United States, 264;
+  loses her American colonies, 289-90;
+  invaded by France, 292.
+
+Specie payment, suspension of, 239;
+  resumption of, 240-41.
+
+Speculation, in Western lands, 10-12, 26-27;
+  in government paper, 58;
+  in bank stock, 63-64.
+
+Squatter, the, 251-52.
+
+State banks, increase of, 239;
+  notes of, 266.
+
+Steamboat, on Western waters, 253-54.
+
+Story, Joseph, and Marshall, 333;
+  appointed Associate Justice, 335;
+  on criticism of the judiciary, 339-40;
+  opinion in Martin _v._ Hunter's Lessee, 335-36.
+
+Stuart, Gilbert, 285.
+
+Supreme Court. _See_ Federal judiciary.
+
+Survey Bill, vote in Congress on, 309.
+
+Symmes, John C., land grants to, 11, 12;
+  begins colony, 14.
+
+
+Talleyrand-Périgord, C. M., urges acquisition of Louisiana, 98;
+  and the X Y Z affair, 98-99;
+  to the American commissioners, 100;
+  and the retrocession of Louisiana, 146;
+  and the cession of Louisiana to the United States, 149-50;
+  on the boundaries of the province, 159.
+
+Tallmadge, James, 270, 271.
+
+Tariff Act, _of 1789_, 50-51;
+  _of 1816_, 237-38;
+  _of 1824_, 310-13;
+  _of 1828_, 328-30;
+
+Tariff of Abominations. _See_ Tariff Act, of 1828.
+
+Taylor, John, on agriculture at the South, 126;
+  on the Louisiana Treaty, 156;
+  on state rights, 339.
+
+Taylor, John W., 271.
+
+Tecumseh, 205, 218, 219.
+
+Tennessee, settlement of, 14;
+  intrigues in, 68;
+  admitted as a State, 92.
+
+Thames, battle of the, 218.
+
+Thomas, Jesse B., 275-76.
+
+Ticknor, George, 287.
+
+Tippecanoe, battle of, 206.
+
+Tocqueville, De, on equality in America, 300;
+  on the character of Western society, 301.
+
+Tonnage dues, 51, 124.
+
+Tories, persecution of, 3-5.
+
+Toussaint L'Ouverture, 146.
+
+Tracy, Uriah, on the Louisiana Treaty, 155-56;
+  on a New England confederacy, 164.
+
+Trade. _See_ Commerce.
+
+Transportation, in 1800, 105.
+  _See also_ National Road, Canals, Internal improvements, etc.
+
+Travel, difficulties of, about 1800, 105-06;
+  improvement after the War of 1812, 255.
+
+Treasury, Secretary of, bill to establish, 52;
+  reports of, 56-62.
+
+Treaty-making power, debated in House, 90-91.
+
+Treaty of Paris (1783), 1;
+    (1794), 84-88;
+  of Greenville (1795), 87;
+  of San Lorenzo (1795), 87-88;
+  of Morfontaine (1800), 104, 146;
+  of Louisiana (1803), 150;
+  with Tripoli (1805), 145;
+    (1806), 184;
+    (1809), 197;
+  of Ghent (1814), 229-30;
+  with Spain (1819), 264.
+
+Trespass Act of New York, 4.
+
+Trevett _v._ Weeden, 19.
+
+Tripolitan War, 143-45.
+
+Troup, George M., 325-26.
+
+Trumbull, John, 236-37, 286.
+
+Tudor, William, 283.
+
+Turnpikes, construction of, 255.
+
+
+Unitarianism, rise of, 287-88.
+
+United States, frigate, 215.
+
+_United States Gazette_, Federalist newspaper, 66.
+
+United States _v._ Peters, 333-34.
+
+Universalism, rise of, 288.
+
+
+Van Buren, Martin, 243-44, 316, 323.
+
+Vans Murray, William, 103.
+
+Vermont, admitted as a State, 55;
+  refuses the call for militia, 224;
+  and the Hartford Convention, 224.
+
+Virginia and Kentucky Resolutions, 110-12.
+
+Virginia, commercial difficulties with Maryland, 27-28;
+  ratifies the Constitution, 41;
+  protests against internal improvements, 319-20;
+  on the Supreme Court (1809), 335;
+  protests against decisions of federal courts, 336-37;
+  proposes constitutional amendment, 339.
+
+
+War of 1812, preparations for, 208-09;
+  motives for, 208-10;
+  vote for, 210;
+  political aspects of, 212-13, 216-17, 223-27;
+  land operations of, 213-14, 217-18, 220-23;
+  naval operations, 215-16, 218-19, 221-22;
+  in the Southwest, 219-20;
+  end of, 228;
+  results of, 231-244, 282.
+
+Washington, George, on the prospects of the United States, 1;
+  on Tories, 3;
+  resigns commission, 6;
+  on the West, 16;
+  on Shays' Rebellion, 23;
+  in the Federal Convention, 29;
+  on the growth of industry, 46-47;
+  elected President, 48;
+  inauguration, 48-50;
+  appointments of, 54-55;
+  and the Bank Bill, 62-63;
+  levees of, 65;
+  reëlected President, 66-67;
+  proclaims neutrality, 73;
+  sends Jay on mission to England, 79;
+  and the Whiskey Insurrection, 82-83;
+  censures Democratic Clubs, 83-84;
+  and the Jay Treaty, 86-88;
+  Farewell Address, 91-92;
+  appointed head of provisional army, 102.
+
+Wasp, American sloop-of-war, 215.
+
+Watauga settlement, 14.
+
+Wayne, Anthony, wins battle of Fallen Timber, 80-81;
+  secures Treaty of Greenville, 87.
+
+Webster, Daniel, on the principle of protection, 237;
+  on universal suffrage, 305;
+  and the Tariff of 1828, 330;
+  influence at the federal bar, 333;
+  counsel for Dartmouth College, 342.
+
+Wellington, Duke of, 214, 228-29.
+
+West, Benjamin, 285.
+
+West, the, social aspects, 252, 299-300;
+  political aspects, 298, 303-04;
+  intellectual aspects, 300-01, 302;
+  religious aspects, 301-02;
+  education in, 302-03.
+
+Western lands, speculation in, 26.
+
+West Florida, claimed by the United States, 151, 158-59;
+  revolt in, 203-04;
+  annexed in part, 204.
+
+Whiskey Insurrection, the, 81-83.
+
+Whitney, Eli, 127.
+
+Wilkinson, James, in Kentucky, 68;
+  his relation to Burr's conspiracy, 172-75, 177;
+  in the campaign of 1813, 218;
+  occupies West Florida, 219.
+
+Wilson, James, in the Federal Convention, 31;
+  appointed Associate Justice, 54.
+
+Wirt, William, 333, 345.
+
+Wolcott, Oliver, 89.
+
+Woolen manufacturing, beginnings of, 235;
+  after the War of 1812, 235-36.
+
+
+X Y Z affair, 98-100.
+
+
+Yazoo land controversy, 168-70, 342.
+
+
+
+***END OF THE PROJECT GUTENBERG EBOOK UNION AND DEMOCRACY***
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+<title>The Project Gutenberg eBook of Union and Democracy, by Allen Johnson</title>
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+<h1>The Project Gutenberg eBook, Union and Democracy, by Allen Johnson</h1>
+<pre>
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at <a href = "http://www.gutenberg.org">www.gutenberg.org</a></pre>
+<p>Title: Union and Democracy</p>
+<p>Author: Allen Johnson</p>
+<p>Release Date: August 30, 2007  [eBook #22461]</p>
+<p>Language: English</p>
+<p>Character set encoding: ISO-8859-1</p>
+<p>***START OF THE PROJECT GUTENBERG EBOOK UNION AND DEMOCRACY***</p>
+<p>&nbsp;</p>
+<h3>E-text prepared by G. Edward Johnson, Stacy Brown,<br />
+    and the Project Gutenberg Online Distributed Proofreading Team<br />
+    (http://www.pgdp.net)</h3>
+<p>&nbsp;</p>
+<hr class="full" />
+<p>&nbsp;</p>
+<p>&nbsp;</p>
+
+<div class="figcenter" style="width: 450px;">
+<img src="images/frontis.jpg" width="450" height="608" alt="Thomas Jefferson" title="" style="margin-bottom: 0em;"/>
+<p class="right" style="margin-top: 0.3em; font-size: 90%;">From the original portrait by Stuart, at Bowdoin College.</p>
+</div>
+<div class="figcenter" style="width: 400px;">
+<img src="images/frontis-sig.jpg" width="400" height="91" alt="signature, Th. Jefferson" title="" />
+</div>
+
+
+<hr style="width: 65%;" />
+<h1 class="padtop">UNION AND DEMOCRACY</h1>
+
+<p class="subhead3 padtop">BY</p>
+<h2>ALLEN JOHNSON</h2>
+
+<p class="subhead2">PROFESSOR OF AMERICAN HISTORY<br />
+YALE UNIVERSITY</p>
+
+<div class="figcenter" style="width: 130px;">
+<img src="images/title.jpg" width="130" height="162" alt="The Riverside Press logo" title="" />
+</div>
+
+<p class="subhead2 padtop">HOUGHTON MIFFLIN COMPANY<br />
+BOSTON NEW YORK CHICAGO<br />
+The Riverside Press Cambridge</p>
+
+
+
+<p class="subhead2 padtop">COPYRIGHT, 1915, BY ALLEN JOHNSON<br />
+ALL RIGHTS RESERVED<br />
+<br />
+The Riverside Press<br />
+CAMBRIDGE, MASSACHUSETTS<br />
+U. S. A.</p>
+
+
+
+
+<hr style="width: 65%;" />
+<p class="subhead1"><a name="PREFACE" id="PREFACE"></a>PREFACE</p>
+
+
+<p>The title of this volume must be regarded as suggestive rather than as
+strictly accurate, for the beginnings of union are to be found farther
+back than 1783, and democracy in its largest sense has even yet been
+only imperfectly realized. At the close of the Revolution, union was but
+a name. What Metternich said of the Italy of his day might have been
+said of the United States in 1783: it was only a geographical
+expression. The formation of the new federal union under the
+Constitution is properly the main, though not the sole, theme of this
+volume. Behind the thirteen Atlantic communities lay a vast region which
+almost at once invited the colonizing activities of the people. The rise
+of this western world is a movement of immense significance. Out of the
+bosom of the West emerged the new democracy which transformed the face
+of society in the old States. Whether viewed economically or
+politically, this forms the second theme in any history of the times.
+Around these two movements, therefore, I have endeavored to group the
+events of forty-five years.</p>
+
+<p>Within the last few years special studies have added much to the common
+stock of historical information, and in many ways effected changes in
+the historian's point of view. The time seemed proper to restate the
+salient factors in the history of this formative period. I have frankly
+appropriated the labors of others. Had the plan of the series permitted
+the use of footnotes, I would gladly have made particular acknowledgment
+of my indebtedness. At the same time I have not hesitated to present the
+results of my own studies where they have led away from the conventional
+view of men and events.</p>
+
+<p>In preparation of the maps showing the popular vote in the elections of
+1800 and 1824, I have drawn largely upon the data which Dr. Charles O.
+Paullin, of the Carnegie Institution, has generously put at my disposal.
+In States where the presidential electors were not chosen directly by
+the voters, other votes, such as those for governor, have been made the
+basis for determining the popular choice among party candidates for the
+presidency. Two of my graduate students, Miss Isabel S. Mitchell and Mr.
+Joseph E. Howe, have given me valuable assistance in the execution of
+the maps. I am under particular obligation to my colleague, Professor
+Stewart L. Mims, for reading critically both manuscript and proof.</p>
+
+<p style="margin-left: 6em;"><span class="smcap">Allen Johnson.</span></p>
+
+
+
+<hr style="width: 65%;" />
+<p class="subhead1"><a name="CONTENTS" id="CONTENTS"></a>CONTENTS</p>
+
+
+<table summary="contents" cellpadding="4"><tbody>
+<tr>
+    <td class="ri" style="width: 10%;">I.</td>  <td class="le"><span class="smcap">The Ordeal of the Confederation</span></td>    <td class="ri" style="15%;"><a href="#Page_1">1</a></td>
+</tr><tr>
+   <td class="ri">II.</td>  <td class="le"><span class="smcap">The Making of the Constitution</span></td>                         <td class="ri"><a href="#Page_25">25</a></td>
+</tr><tr>
+  <td class="ri">III.</td>  <td class="le"><span class="smcap">The Restoration of Public Credit</span></td>                       <td class="ri"><a href="#Page_46">46</a></td>
+</tr><tr>
+   <td class="ri">IV.</td>  <td class="le"><span class="smcap">The Testing of the New Government</span></td>                      <td class="ri"><a href="#Page_68">68</a></td>
+</tr><tr>
+    <td class="ri">V.</td>  <td class="le"><span class="smcap">Anglomen and Jacobins</span></td>                                  <td class="ri"><a href="#Page_89">89</a></td>
+</tr><tr>
+   <td class="ri">VI.</td>  <td class="le"><span class="smcap">The Revolution of 1800</span></td>                              <td class="ri"><a href="#Page_105">105</a></td>
+</tr><tr>
+  <td class="ri">VII.</td>  <td class="le"><span class="smcap">Jeffersonian Reforms</span></td>                                  <td class="ri"><a href="#Page_123">123</a></td>
+</tr><tr>
+  <td class="ri">VIII.</td>  <td class="le"><span class="smcap">The Purchase of the Province of Louisiana</span></td>             <td class="ri"><a href="#Page_143">143</a></td>
+</tr><tr>
+   <td class="ri">IX.</td>  <td class="le"><span class="smcap">Faction and Conspiracy</span></td>                                <td class="ri"><a href="#Page_161">161</a></td>
+</tr><tr>
+    <td class="ri">X.</td>  <td class="le"><span class="smcap">Peaceable Coercion</span></td>                                    <td class="ri"><a href="#Page_179">179</a></td>
+</tr><tr>
+   <td class="ri">XI.</td>  <td class="le"><span class="smcap">The Approach of War</span></td>                                   <td class="ri"><a href="#Page_197">197</a></td>
+</tr><tr>
+  <td class="ri">XII.</td>  <td class="le"><span class="smcap">The War of 1812</span></td>                                      <td class="ri"><a href="#Page_212">212</a></td>
+</tr><tr>
+  <td class="ri">XIII.</td>  <td class="le"><span class="smcap">The Results of the War</span></td>                                <td class="ri"><a href="#Page_231">231</a></td>
+</tr><tr>
+  <td class="ri">XIV.</td>  <td class="le"><span class="smcap">The Westward Movement</span></td>                                 <td class="ri"><a href="#Page_245">245</a></td>
+</tr><tr>
+   <td class="ri">XV.</td>  <td class="le"><span class="smcap">Hard Times</span></td>                                            <td class="ri"><a href="#Page_266">266</a></td>
+</tr><tr>
+  <td class="ri">XVI.</td>  <td class="le"><span class="smcap">The National Awakening</span></td>                                <td class="ri"><a href="#Page_282">282</a></td>
+</tr><tr>
+  <td class="ri">XVII.</td>  <td class="le"><span class="smcap">The New Democracy</span></td>                                     <td class="ri"><a href="#Page_298">298</a></td>
+</tr><tr>
+  <td class="ri">XVIII.</td>  <td class="le"><span class="smcap">Politics and State Rights</span></td>                             <td class="ri"><a href="#Page_318">318</a></td>
+</tr><tr>
+  <td class="ri">XIX.</td>  <td class="le"><span class="smcap">The Rise of National Sovereignty</span></td>                      <td class="ri"><a href="#Page_331">331</a></td>
+</tr><tr>
+   <td class="ri"></td>     <td class="le"><span class="smcap">Index</span></td>                                                     <td class="ri"><a href="#Page_i">i</a></td>
+</tr>
+</tbody></table>
+
+
+
+
+
+<hr style="width: 65%;" />
+<p class="subhead1"><a name="MAPS_AND_CHARTS" id="MAPS_AND_CHARTS"></a>MAPS AND CHARTS</p>
+
+
+<table summary="charts" cellpadding="4"><tbody>
+<tr>
+<td class="le"><span class="smcap"><a href="#il1">The United States in 1783</a></span></td>      <td class="ri"><i>facing</i> 1</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il2">State-making in the West, 1783-87</a></span></td>     <td class="ri">9</td>
+</tr><tr>
+<td class="le"><span class="smcap">Distribution of Votes in Ratification of The Constitution</span>:</td><td></td>
+</tr><tr>
+  <td class="le"><span class="smcap"  style="margin-left: 3em;"><a href="#il3">The New England States</a></span></td>      <td class="ri">37</td>
+</tr><tr>
+  <td class="le"><span class="smcap"  style="margin-left: 3em;"><a href="#il4">The Middle States</a></span></td>      <td class="ri">39</td>
+</tr><tr>
+  <td class="le"><span class="smcap"  style="margin-left: 3em;"><a href="#il5">The Southern States</a></span></td>      <td class="ri">42</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il6">Distribution of Population, 1790</a></span></td>      <td class="ri">49</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il7">Vote on Assumption</a></span></td>      <td class="ri">59</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il8">The Northwest, 1785-95</a></span></td>      <td class="ri">71</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il9">Vote on the Repeal of the Alien and Sedition Acts, February 25, 1799</a></span></td>        <td class="ri">&nbsp;&nbsp;&nbsp;<i>between</i> 112 <i>and</i> 113</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il10">Presidential Election of 1800</a></span></td>       <td class="ri"><i>between</i> 116 <i>and</i> 117</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il11">Distribution of Population, 1800</a></span></td>      <td class="ri">125</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il12">Vote on the Repeal of the Judiciary Act, March 2, 1802</a></span></td>       <td class="ri"><i>between</i> 134 <i>and</i> 135</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il13">The Yazoo-Georgia Land Controversy</a></span></td>      <td class="ri">168</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il14">The Tonnage of the United States, 1807</a></span></td>      <td class="ri">185</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il15">Vote on the Embargo, December 21, 1807</a></span></td> <td class="ri"><i>between</i> 190 <i>and</i> 191</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il16">Vote on the Declaration of War, June 4, 1812</a></span></td> <td class="ri"><i>between</i> 208 <i>and</i> 209</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il17">Land Sales and Land Offices To 1821</a></span></td>      <td class="ri">248</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il18">The Cotton Crop in the United States, 1801-34</a></span></td>      <td class="ri">250</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il19">The West As an Economic Section in 1820</a></span></td>      <td class="ri">253</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il20">Treaty With Spain, 1819</a></span></td>      <td class="ri">263</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il21">Distribution of Slaves in 1820</a></span></td>      <td class="ri">270</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il22">Vote on the Missouri Compromise, March 2, 1820</a></span></td>      <td class="ri">278</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il23">Russian Claims in North America</a></span></td>      <td class="ri">293</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il24">Distribution of Population, 1820</a></span></td>      <td class="ri">299</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il25">States Admitted To the Union Between 1812 and 1821</a></span></td>      <td class="ri">306</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il26">Vote on the Tariff Bill, April 16, 1824</a></span></td> <td class="ri"><i>between</i> 310 <i>and</i> 311</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il27">Presidential Election of 1824</a></span></td>      <td class="ri"><i>between</i> 314 <i>and</i> 315</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il28">Vote on the Tariff Bill, April 22, 1828</a></span></td> <td class="ri"><i>between</i> 328 <i>and</i> 329</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il29">Canals in the United States About 1825</a></span></td>      <td class="ri">341</td>
+</tr><tr>
+<td class="le"><span class="smcap"><a href="#il30">Highways of the United States About 1825</a></span></td>      <td class="ri">344</td>
+</tr>
+</tbody></table>
+
+
+
+<hr style="width: 65%;" />
+<h2><a name="UNION_AND_DEMOCRACY" id="UNION_AND_DEMOCRACY"></a>UNION AND DEMOCRACY</h2>
+
+
+
+<hr style="width: 65%;" />
+
+<div class="figcenter" style="width: 400px;">
+<a name="il1" id="il1"></a>
+<a href="images/i1.jpg"><img src="images/i1-thumb.jpg" width="400" height="683"  alt="The United States in 1783" title="" /></a>
+</div>
+
+
+<hr style="width: 65%;" />
+
+<h2 class="padtop">UNION AND DEMOCRACY</h2>
+
+<p><span class='pagenum'><a name="Page_1" id="Page_1">[Pg 1]</a></span></p>
+<p class="subhead1">CHAPTER I</p>
+
+<p class="subhead2">THE ORDEAL OF THE CONFEDERATION</p>
+
+
+<p>It was characteristic of the people of the United States that once
+assured of their political independence they should face their economic
+future with buoyant expectations. As colonizers of a new world they were
+confident in their own strength. When once the shackles of the British
+mercantile system were shaken off, they did not doubt their ability to
+compete for the markets of the world. Even Washington, who had fewer
+illusions than most of his contemporaries, told his fellow citizens of
+America that they were "placed in the most enviable condition, as sole
+lords and proprietors of a vast tract of continent, comprehending all
+the various soils and climates of the world, and abounding with all the
+necessaries and conveniences of life." Independence was the magic word
+which the common man believed would open wide the gates of prosperity.
+Yet within a year after the ratification of the Peace of Paris, American
+society was in the throes of a severe industrial depression.</p>
+
+<p>Contrary to the accepted view, the latter years of the war were not
+years of penury and want among the people. Outside of those regions of
+Virginia and<span class='pagenum'><a name="Page_2" id="Page_2">[Pg 2]</a></span> the Carolinas, which were devastated by the marching and
+countermarching of the combatants, the people were living in comparative
+comfort. North of the Potomac, indeed, there was even a tendency to
+speculation in business and extravagance in living. Throughout the war
+farmers had found a ready market for their produce within the lines of
+the British and French armies. The temporary suspension of commerce had
+encouraged many forms of productive industry. As the war continued,
+venturesome skippers eluded British men-of-war and found their way to
+European or Dutch West India ports, bringing home rich cargoes in
+exchange for tobacco, flour, and rice. The prizes brought in by
+privateers added largely to the stock of desirable and attractive
+merchandise in the shops of Boston, Philadelphia, and Charleston. If
+such prosperity could follow in the wake of war, what commercial gains
+might not be expected in the piping times of peace? In anticipation of
+immediate returns, merchants drew heavily upon their foreign creditors
+and stocked their shops with imported commodities. Southern planters
+indulged similar expectations and bought land and slaves on credit,
+regardless of the price. "A rage for running in debt became epidemical,"
+wrote a contemporary observer. "Individuals were for getting rich by a
+<i>coup de main</i>; a good bargain&mdash;a happy speculation&mdash;was almost every
+man's object and pursuit."</p>
+
+<p>During the hard times of 1785-86 these golden dreams vanished. Instead
+of sharing as the people of an independent nation in the trade and
+commerce<span class='pagenum'><a name="Page_3" id="Page_3">[Pg 3]</a></span> of the world, American shippers found themselves no better off
+than they were as dependents of Great Britain. Orders in council at once
+closed the ports of the British West Indies to all staple products which
+were not carried in British bottoms. Certain commodities,&mdash;fish, pork,
+and beef,&mdash;which might compete with the products of British
+dependencies, were excluded altogether. The policy of France and Spain
+was scarcely less illiberal. The effect was immediate. Cut off from
+their natural markets, American shipowners were forced either to leave
+their vessels to rot at their wharves or to seek new markets. For months
+there seemed to be no other alternative. At the same time the new
+industries which had sprung up during the war had to meet the shock of
+foreign competition, as the British manufacturer dumped on American
+wharves the accumulated stock of his warehouses. The plight of the small
+farmer and of the large planter was much the same; for both had incurred
+debts in expectation of continued prosperity.</p>
+
+<p>Everywhere people complained of hard times. Discouragement and ill-humor
+displaced the buoyant optimism with which peace had been heralded. "What
+is independence?" asked a writer in <i>A Shorter Catechism</i>. "Dependence
+upon nothing" was the cynical answer. In many States the popular
+discontent found vent in a vindictive crusade against the Tories. Even
+sober-minded citizens shared the general detestation of these
+unfortunate people. In the heat of war Washington had declared them to
+be "abominable pests of society" who ought to be<span class='pagenum'><a name="Page_4" id="Page_4">[Pg 4]</a></span> hanged as traitors.
+The States had quite generally confiscated their property and in some
+cases had passed acts of attainder against them. In communities like New
+York, which had long remained in the hands of the British, the popular
+animosity was exceedingly bitter. To aid those citizens who had been
+dispossessed of their estates, the legislature passed the Trespass Act,
+which permitted suits for the recovery of property that had passed into
+the hands of the enemy upon the flight of the owners. The terms of the
+act were in flat contradiction to the treaty of peace. Further to aid
+claimants, it was provided that no military order could be pleaded in
+court in justification of the seizure of property.</p>
+
+<p>In a famous case brought before the Mayor's Court of New York by the
+widow Rutgers to recover her property from Joshua Waddington, a wealthy
+Tory, Alexander Hamilton appeared as counsel for the defendant. It was a
+daring act which brought down upon him the unmitigated wrath of the
+radical elements. Nevertheless, in an opinion which has considerable
+interest for students of constitutional law, the court ruled that the
+Trespass Act, "by a reasonable interpretation," must be construed in
+harmony with the treaty of peace, which was obligatory upon every State.
+It was not to be presumed that the legislature would intentionally
+violate the law of nations. The judgment of the court therefore, was in
+favor of the defendant. With chagrin and resentment the popular party
+declared that the court had set aside a law of the State and had
+presumed to set itself above the legislature. Wherever<span class='pagenum'><a name="Page_5" id="Page_5">[Pg 5]</a></span> the radicals got
+the upper hand, confiscation was the order of the day; and even where
+the conservatives succeeded in restraining their radical brethren from
+legislative reprisals, no Tory was safe from the assaults of
+irresponsible mobs. Thousands took refuge in flight, to the infinite
+delight of the wits in the coffee-houses who jested of the "Independence
+Fever" which was carrying off so many worthy people.</p>
+
+<p>Financially the Confederation was hopelessly embarrassed. Having sowed
+the wind by its issues of bills of credit, it was now reaping the
+whirlwind. By the end of the war this paper money had so far depreciated
+that it ceased to pass as currency. "Not worth a continental" has passed
+into our native idiom. Without power to levy taxes, Congress could only
+make requisitions upon the States. The returns were pitifully inadequate
+to the needs of government. All told, less than a million and a half of
+dollars came into the treasury between 1781 and 1784, although Morris,
+as Superintendent of Finance, had earnestly besought the governors of
+the States for two millions for the year 1783 alone, in order to meet
+outstanding obligations and current expenses. Without foreign and
+domestic loans the war could never have been carried to a successful
+conclusion; but in 1783 even that source was drained. In sheer
+desperation Congress authorized the Superintendent of Finance to draw
+bills of exchange, at his discretion, upon the credit of loans <i>which
+were to be procured</i> in Europe. In vain Morris warned Congress that no
+more loans could be secured. "Our public credit is gone," he declared.<span class='pagenum'><a name="Page_6" id="Page_6">[Pg 6]</a></span></p>
+
+<p>The obvious remedy for the financial ills of the Confederation was to
+give Congress the power to levy taxes. Early in 1781, indeed, before the
+Articles of Confederation had been ratified by Maryland, the proposal
+had been made that Congress should be vested with power to levy a five
+per cent duty on imports; but the obstinate opposition of Rhode Island
+effectually blocked the amendment. "She considered it the most precious
+jewel of sovereignty that no State be called upon to open its purse but
+by the authority of the State and by her own officers." Again, in 1783,
+Congress submitted to the States an amendment which would confer upon it
+the power to place specific duties for a term of twenty-five years upon
+certain classes of imported commodities. The tardy response of the
+States to this proposal left little hope that it would be adopted.</p>
+
+<p>In fact, the Confederation and its woes hardly occupied the thoughts of
+the people at all, except as a subject for jest and ridicule. The
+newspapers made merry over the peregrinations of Congress. Frightened
+away from Philadelphia by the riotous conduct of some troops of the
+Pennsylvania line, who had imbibed too freely, the delegates had
+withdrawn first to Princeton and then to Annapolis. Thither Washington
+repaired to resign his commission; but even so notable an occasion as
+this brought together delegates from only seven of the States. The best
+talent in America was drafted into the service of the several States.
+Men had ceased to think continentally. "A selfish habitude of thinking
+and reasoning," wrote one who styled himself Yorick, in the<span class='pagenum'><a name="Page_7" id="Page_7">[Pg 7]</a></span> <i>New York
+Packet</i>, "leads us into a fatal error the moment we begin to talk of the
+interests of America. The fact is, by the interests of America we mean
+only the interests of that State to which property or accident has
+attached us." "Of the affairs of Georgia," Madison confessed in 1786, "I
+know as little as those of Kamskatska."</p>
+
+<p>On all sides intelligent men agreed that the return of prosperity
+depended upon the opening-up of foreign trade. Their immediate concern
+was the recovery of old markets. When John Adams went to London in 1785
+as the first representative of the United States, he bent all his
+energies to the task of securing a commercial treaty which would provide
+for unrestricted intercourse between the countries. It was an impossible
+task. At every turn he encountered the hostility of the mercantile
+classes, of whom Lord Sheffield was the most conspicuous representative.
+"What have you to give us in exchange for this and that?" "What have you
+to give us as reciprocity for the benefit of going to our islands?"
+"What assurance can you give that the States will agree to a treaty?"
+These were the embarrassing questions which Adams had to encounter.
+Baffled by the cool indifference of the English Ministry, Adams wrote
+home in despair that there was not the slightest prospect of relief for
+American commerce unless the States would confer the power of passing
+navigation laws upon Congress or themselves pass retaliatory acts
+against Great Britain.</p>
+
+<p>Congress had, indeed, already urged upon the States the necessity of
+yielding the power to enact<span class='pagenum'><a name="Page_8" id="Page_8">[Pg 8]</a></span> navigation laws; but they had replied with
+such deliberation and with so many conditions that Congress was as
+powerless as ever. Meantime, each State struck blindly at the common
+enemy with little or no regard for its neighbors. "The States are every
+day giving proofs," wrote Madison, "that separate regulations are more
+likely to set them by the ears than to attain the common object." When
+the other New England States closed their ports to British shipping,
+Connecticut hastened to profit at their expense by throwing her ports
+wide open. New Jersey, with New York on one side and Pennsylvania on the
+other, was likened to a cask tapped at both ends. To find a historical
+parallel to the annals of this period, one must go back to the
+bickerings and jealousies of the states of ancient Greece.</p>
+
+<p>In this dark picture, however, there are cheering rays of light. One by
+one the States were redeeming their promises and ceding their western
+lands. It seemed as though the Confederation, hitherto a disembodied
+spirit, was about to tenant a body. By the year 1786 the United States
+were in joint possession of the greater part of the vast region between
+the Ohio, the Mississippi, and the Great Lakes&mdash;a domain of imperial
+dimensions. In anticipation of these cessions, Congress took under
+consideration an ordinance reported by a committee of which Thomas
+Jefferson was chairman. This ordinance contemplated the division of the
+land north of the thirty-first parallel into fourteen or sixteen States.
+The settlers in these rectangular areas were not to form state
+governments at once, but for their<span class='pagenum'><a name="Page_9" id="Page_9">[Pg 9]</a></span> temporary government were to borrow
+such constitutions as they thought best from the older States. When a
+State had twenty thousand inhabitants, it might frame a permanent
+constitution and send a delegate to Congress. Admission to the Union was
+to be granted only when a State had as many free inhabitants as "the
+least numerous of the thirteen original States." Two features of
+Jefferson's report do not appear in the Ordinance of 1784; the fantastic
+names which Jefferson had selected and the fifth of the fundamental
+conditions which were to be a charter of compact between the old States
+and the new. It is perhaps no misfortune that the names Assenisipia,
+Polypotamia, Pelisipia, do not appear on the map; the article
+prohibiting slavery after the year 1800 might well have been retained.</p>
+
+<div class="figright" style="width: 300px;">
+<a name="il2" id="il2"></a>
+<a href="images/i2.jpg"><img src="images/i2-thumb.jpg" width="300" height="419" alt="State-Making In the West 1783-1787" title="" /></a>
+</div>
+
+<p>More important than the Ordinance of 1784, which indeed is interesting
+chiefly because it was the forerunner of the final ordinance for the
+Northwest Territory, is that adopted by Congress in the following<span class='pagenum'><a name="Page_10" id="Page_10">[Pg 10]</a></span> year.
+The so-called Land Ordinance of 1785 provided in general for the survey
+of a series of townships six miles square in the region immediately west
+of Pennsylvania, and for the further division of each township into
+thirty-six lots, or, as they were later styled, "sections," one mile
+square. After satisfying the claims of the soldiers of the Continental
+Army, Congress proposed to distribute these lands among the States, to
+be sold at auction for a minimum price of one dollar an acre, reserving
+certain sections in each township and one third of the mineral ore which
+might be found. The sixteenth section in each township was to be set
+aside for the support of education. Each purchaser was to receive with
+his deed a definite description of his holding. Subsequent amendments to
+the Land Ordinance made the terms of purchase somewhat easier. Instead
+of making an out-and-out purchase, prospective settlers might pay one
+third in cash and receive a credit of three months for the balance of
+the purchase price. Yet even with these inducements only seventy-three
+thousand acres had been sold to individuals down to 1788. The hazards of
+western settlement were still too great.</p>
+
+<p>Disappointed in the sales under the Land Ordinance, Congress was
+persuaded to consider the alternative course of selling large tracts to
+companies. The collapse of national credit left the public domain almost
+the only available source of revenue. Early in 1787 the Ohio Company
+offered to purchase a tract of land between the Ohio and Muskingum
+Rivers. The promoters of this company had<span class='pagenum'><a name="Page_11" id="Page_11">[Pg 11]</a></span> been interested in an earlier
+project of army officers for the founding of a military colony beyond
+the Ohio. Organized at Boston in March, 1786, with a nominal capital of
+one million dollars, it had within a year raised one fourth of that
+amount and sent first General Samuel Parsons and then the Reverend
+Manasseh Cutler to secure the desired grant from Congress. The labors of
+this astute divine at the seat of government form an interesting chapter
+in the evolution of American legislative methods. By devices well known
+to the modern lobbyist he not only secured the grant of land, but also
+took a hand in the shaping of a new ordinance for the Northwest
+Territory. In order to secure the grant to his associates, he had to
+resort to log-rolling and agree to procure for a group of land
+speculators an option to lands on the Scioto River. The grant to the
+Ohio Company contained a million and a half acres; that to the Scioto
+Company, five million acres. But while the one paid down half a million
+dollars, the other made no payment, expecting to dispose of their
+"rights" before the first payment was due. In the following year a third
+grant of a million acres on the Great and Little Miami Rivers in Ohio
+was made to John Cleve Symmes.</p>
+
+<p>From these sales Congress expected to realize over three and a half
+million dollars in public securities and at the same time to satisfy
+military bounty warrants amounting to about eight hundred thousand
+acres. The actual amount realized was less than six hundred thousand
+dollars. The Scioto Company succeeded in disposing of rights to about
+three million<span class='pagenum'><a name="Page_12" id="Page_12">[Pg 12]</a></span> acres to a company organized in France, which in turn
+sold them to unsuspecting royalist emigrants. Neither company ever
+secured a clear title to these lands, and Congress had eventually to
+come to the relief of the unhappy French settlers with a donation of
+twenty-four thousand acres. Unforeseen circumstances prevented either
+the Ohio Company or Symmes from complying with the conditions of sale;
+and in both cases Congress consented to alter the terms of contract.</p>
+
+<p>On July 13, 1787, Congress adopted the ordinance which it had long had
+under consideration. The authorship of this "charter of the west," after
+long controversy, is still in dispute. Like all legislative measures it
+bears the mark of many hands. Certain features of Jefferson's ordinance
+reappear: the provision for temporary government and eventual statehood,
+and the fundamental articles of compact. Other provisions are stated in
+a detailed fashion and suggest the probability that Congress had
+definite conditions to meet. The ordinance took final form while the
+Reverend Manasseh Cutler was representing the Ohio Company in New York.
+Perhaps the most striking departure from the Ordinance of 1784 is the
+provision for not less than three nor more than five States north of the
+Ohio, where Jefferson planned for ten. Admission to the Union was to be
+gained only after the population had reached sixty thousand. Temporary
+government was to consist of a governor, a secretary, and three judges
+appointed by Congress, who were to adopt such laws from other States as
+they believed suited to local conditions. In each and<span class='pagenum'><a name="Page_13" id="Page_13">[Pg 13]</a></span> every case
+Congress reserved the right to disallow these laws. Whenever a territory
+attained a population of five thousand, it was to pass to the second
+grade of government, with a representative assembly, an appointive
+council, and a delegate in Congress.</p>
+
+<p>Six articles of compact were also written into the ordinance, which were
+to remain forever unalterable except by the common consent of the
+parties thereto&mdash;"the original States and the people and States in the
+said territory." Freedom of worship, the usual rights of person and
+property, and the obligation of private contracts were guaranteed.
+Religion, morality, and education were to be forever encouraged. Neither
+slavery nor involuntary servitude was to be permitted. In imposing these
+conditions Congress undoubtedly exceeded its powers under the Articles
+of Confederation, for that document nowhere confers upon Congress the
+power to make binding contracts, nor for that matter to legislate in any
+wise for the government of the common domain.</p>
+
+<p>The Ohio Company hastened to colonize its broad acres on the Muskingum.
+Before the end of the year 1787, the vanguard of the first colony was on
+the march through Pennsylvania to the upper waters of the Ohio. There
+they spent the winter constructing the craft which was to carry them to
+their destination. As soon as the ice broke up in the spring, they
+embarked on the Mayflower,&mdash;for so they had christened the craft,&mdash;and
+within five days set foot on the soil of Ohio. Other bands joined them,
+and by midsummer their rude huts and a blockhouse marked the site of
+what was to be the town of Marietta, the<span class='pagenum'><a name="Page_14" id="Page_14">[Pg 14]</a></span> first New England settlement
+in the West. Across the Muskingum, at Fort Harmar, the new governor,
+General St. Clair, had already taken up his official residence. Farther
+down the river, Symmes planted a colony from New Jersey on the tract
+which he had purchased; and within the next few years settlements were
+made in the adjoining district, which Virginia had reserved as bounty
+land for her soldiers. The vision of virgin lands in the Ohio country
+was beginning to dawn upon the small farmer of the East. Emigration grew
+apace. Between February and June, 1788, an observer noted not less than
+forty-five hundred settlers drifting past Fort Harmar in their
+flatboats, in search of new homes in the wilderness.</p>
+
+<p>While the colonization of the Northwest was going on under the eye of
+Governor St. Clair, hardy pioneers were laying the foundations of a new
+society in the Southwest, without the protecting arm of the Government.
+Before the war Daniel Boone had made his famous trace to "the country of
+Kentucke" through the Cumberland Gap; and Robertson had led his colony
+from North Carolina to the upper waters of the Tennessee. Settlers had
+followed the long-rangers; and numerous communities sprang up by salt
+lick and water course. In all these settlements there was much local
+independence. For a time the people on the Watauga had established a
+government of their own. Upon the cession by North Carolina of her
+western lands, the settlers of eastern Tennessee took matters into their
+own hands and prepared to organize as a State. Congress had just adopted
+the Ordinance of 1784, and one of Jefferson's<span class='pagenum'><a name="Page_15" id="Page_15">[Pg 15]</a></span> prospective States
+included most of the land already appropriated by these pioneers. They
+nourished, too, long-standing grievances. They were taxed for the
+support of a government which treated them with contumely and ignored
+their administrative needs. The movement toward independence acquired
+such headway that not even the repeal of the act of cession by North
+Carolina could stay its course. With a confidence born of frontier
+conditions these "modern Franks, the hardy mountain men," as a
+contemporary called them, drafted a constitution, organized a
+government, and appealed to Congress for recognition as a State of the
+Confederation. For three years the State of Franklin, as it was
+officially christened, under the able leadership of Governor John
+Sovier, refused to recognize the authority of North Carolina, even to
+the point of resisting the militia by arms. But Congress turned a deaf
+ear to the petitions of the insurgents; and in the year 1788, diplomacy
+succeeding where coercion had failed, the people of Franklin returned to
+their first allegiance.</p>
+
+<p>Much the same centrifugal forces were at work in northwestern Virginia
+and western Pennsylvania, a region which felt its isolation keenly.
+"Separated by a vast, extensive and almost impassible Tract of
+Mountains, by Nature itself formed and pointed out as a Boundary between
+this Country and those below it," the settlers of this trans-Alleghany
+region besought Congress to recognize them as a "sister colony and
+fourteenth province of the American Confederacy."</p>
+
+<p>More menacing to the integrity of Virginia was a<span class='pagenum'><a name="Page_16" id="Page_16">[Pg 16]</a></span> movement for
+independent statehood among the people of Kentucky. Rivers were the
+highways of their commerce and the current of all bore their flatboats
+away from the parent State. New Orleans was their inevitable <i>entrep&ocirc;t</i>.
+The forces of nature seemed to conspire to throw these western
+settlements into the hands of Spain. Washington was deeply impressed by
+the necessity of connecting the headwaters of the James and the Potomac
+with the tributaries of the Ohio, if the trade and allegiance of the
+people of Kentucky were to be secured to Virginia and to the Union. "The
+western States," he wrote to Governor Harrison of Virginia, "stand as it
+were upon a pivot. The touch of a feather would turn them any way." The
+situation in Kentucky became more acute as intimations reached the
+people that John Jay was proposing to renounce the free navigation of
+the Mississippi.</p>
+
+<p>In the summer of 1785, Don Diego de Gardoqui, the first accredited
+Minister from Spain, arrived in the United States to settle all
+outstanding differences between the two countries. Congress appointed
+John Jay as its diplomatic agent and instructed him to hold insistently
+to the thirty-first parallel as the southern boundary of the States and
+to the free navigation of the Mississippi. The prospect of agreement was
+very slight. The American claims were based solely on the Treaty of 1783
+which the King of Spain was determined not to recognize. Negotiations
+dragged on for months. Reporting to Congress in August, 1786, Jay
+advised the abandonment of the claim of free navigation of the
+Mississippi for<span class='pagenum'><a name="Page_17" id="Page_17">[Pg 17]</a></span> the sake of securing an advantageous commercial treaty
+with Spain. The delegates from Northern States were ready to barter away
+the Southwest; but the Southern delegates succeeded in postponing action
+until the impotent Confederation gave way to a more perfect union.</p>
+
+<p>At the Court of St. James, John Adams was having no better luck in
+pressing the rights of the moribund Confederation. Notwithstanding the
+explicit terms of the Treaty of 1783, British garrisons still held
+strategic posts along the Great Lakes, exercising a strong influence
+upon the Indians and guarding the interests of British fur traders. Such
+a situation would have been intolerable to a self-respecting nation.
+Smothering his pride, Adams mustered all the diplomacy which his nature
+permitted and sought an explanation of this extraordinary conduct from
+the ministers. He was finally told that he need not expect Great Britain
+to relinquish the Western posts so long as the States continued to put
+obstacles in the way of the collection of British debts.</p>
+
+<p>A general reluctance to meet financial obligations was a deplorable
+aspect of the depression to which American society had succumbed. In all
+the States there was a more or less numerous class of debtors who were
+convinced that the Government could help them out of all their
+distresses. As the cause of all their woes was the scarcity of money,
+why, let the Government manufacture money and so put an end to the
+stringency. What Madison called "the general rage for paper money"
+seized upon Rhode Island, New Jersey, Pennsylvania, the Carolinas, and<span class='pagenum'><a name="Page_18" id="Page_18">[Pg 18]</a></span>
+Georgia. Coupled with paper-money acts were others designed to alleviate
+the distress of the unfortunate. Stay laws of one sort or another were
+devised to keep the wolf, in the guise of the sheriff, from the door.
+Legal-tender acts made cattle and produce equivalent to money when
+offered in payment of debts. Nor was this legislation inspired
+altogether by dishonest intent. Many believed with Luther Martin, of
+Maryland, that there were times of great public distress and extreme
+scarcity of specie when it was the duty of the Government to pass stay
+laws and legal-tender acts, "to prevent the wealthy creditor and the
+moneyed man from totally destroying the poor, though even industrious,
+debtor."</p>
+
+<p>No State suffered more from the paper-money aberration than Rhode
+Island. Under pressure from the radical elements the legislature passed
+an act for the emission of bills of credit which were to be issued to
+any freeholder who would offer as security real estate of any sort to
+double the amount of the loan. "Many from all parts of the State made
+haste to avail themselves of their good fortune, and mortgaged fields
+strewn thick with stones and covered with cedars and stunted pines for
+sums such as could not have been obtained for the richest pastures." But
+when they sought their creditors, not a merchant nor a shop-keeper could
+be found. Nobody fished to have a just debt discharged in such currency.
+Not to be thwarted in their purpose, the radicals then enacted a law
+which threatened with a summary trial and a heavy fine any one who
+refused to accept paper money in payment of debt.<span class='pagenum'><a name="Page_19" id="Page_19">[Pg 19]</a></span></p>
+
+<p>Under this Force Act, one John Weeden, a butcher, was brought to trial
+for refusing to receive the paper offered by a customer in payment for
+meat. To the discomfiture of the legislature the court refused to
+enforce the law in this instance, on the ground that the statute was
+contrary to the constitution of Rhode Island; and when summoned before
+the legislature to answer for their defiance, the judges boldly stood
+their ground. The case of <i>Trevett</i> v. <i>Weeden</i> was not without its
+lesson to those who were casting about for ways and means to defend
+property from the assaults of popular majorities. In Virginia, too, the
+highest state court, in the case of <i>Commonwealth</i> v. <i>Caton</i>, boldly
+asserted the right of the judiciary to declare void such acts of the
+legislature as were repugnant to the constitution.</p>
+
+<p>Meantime the debtor and creditor classes in Massachusetts were locked in
+a struggle which menaced the peace of the country. Here as elsewhere
+hard times had forced the small farmers of the interior counties to the
+wall. No doubt their difficulties were caused in part by their own
+improvidence, but they were increased by the prevailing scarcity of
+money. So dire was the want of a medium of exchange that many
+communities resorted to barter. The editor of a Worcester paper
+advertised that he would accept Indian corn, rye, wheat, wood, or
+flaxseed, in payment of debts owed to him, up to the amount of twenty
+shillings. It seemed to the ignorant farmer that his creditors were
+taking an unfair advantage of circumstances in demanding currency to
+settle debts which had been contracted when money was<span class='pagenum'><a name="Page_20" id="Page_20">[Pg 20]</a></span> abundant. The
+law, however, favored the creditor. The jails were filled to overflowing
+with men imprisoned for debt; the courts were overwhelmed with actions.
+In Worcester County, with a population of less than fifty thousand
+people, there were in 1784 two thousand cases on the docket of the
+Inferior Court of Common Pleas. In this age of litigation only one class
+appeared to thrive&mdash;the lawyers. The anger of the poor debtors, inflamed
+by attachments and foreclosures, vented itself upon the ostensible cause
+of their misfortunes. The excessive costs of courts and the immoderate
+fees of lawyers are grievances which bulk large in every indictment
+drawn by town meeting or county convention. Young John Quincy Adams,
+then a senior in Harvard College, was so affected by the odium which had
+fallen upon the practice of law that he was almost ready to abandon the
+career which he had chosen.</p>
+
+<p>The adjournment of the General Court in July, 1786, without authorizing
+an issue of paper money or passing a legal-tender act or fixing the fees
+of lawyers and the costs of courts, contributed to the unrest which was
+now assuming a threatening aspect. During August and September riotous
+mobs prevented the courts from sitting at Northampton, Worcester, Great
+Barrington, and Concord. Alarmed by these disorders Governor Bowdoin
+convened the legislature in special session and summoned the militia to
+the protection of the capital. While the legislature was devising ways
+and means of allaying the public excitement, another demonstration
+occurred<span class='pagenum'><a name="Page_21" id="Page_21">[Pg 21]</a></span> at Worcester which resulted in the dispersion of the Court of
+General Sessions by a force of armed men. From Worcester the disorders
+spread into adjoining counties; and something like a concerted movement
+upon Boston and Cambridge seemed to be preparing. The prompt action of
+the state authorities however, balked the plans of the insurgents. The
+main body of insurgents under Shays scattered; but a month later they
+rallied around Springfield to prevent the holding of court. Governor
+Bowdoin then dispatched troops, four thousand strong, under the command
+of General Lincoln, to the assistance and protection of the civil
+authorities. A civil war seemed imminent. Shays had planned an attack
+upon the national arsenal at Springfield, but he could not bring his
+rustics to act together. Before the determined resistance of the local
+militia his undisciplined troops broke and fled. The arrival of the
+state militia under Lincoln completed the demoralization of Shays' army.
+Retreating through the hilly country of Hampshire, they wore finally
+overtaken and routed at Petersham. Some of the insurgents went to their
+homes, completely humbled and subdued; others fled across the border to
+await better times; and still others, unrepentant and unsubdued,
+continued to harass the countryside. It was not until the following
+September that Governor Bowdoin ventured to disband the militia.</p>
+
+<p>To these disturbances in Massachusetts, Congress had not remained
+indifferent. Aside from the direct interest that all members were bound
+to take in a<span class='pagenum'><a name="Page_22" id="Page_22">[Pg 22]</a></span> rebellion which seemed to threaten the very foundations of
+a sister State and which might easily recur in their own, Congress was
+concerned for the fate of the national arsenal at Springfield. But no
+forces were available for the protection of the property of the
+Confederation. The few hundred men who comprised the army were scattered
+in garrisons along the western frontier. Acting as intermediary between
+Congress and Governor Bowdoin, General Knox as Secretary of War made
+what provision he could for the defense of the arsenal by local militia;
+but these measures were confessedly inadequate. Upon his report Congress
+was finally moved to increase the army, ostensibly for the protection of
+the frontier, where in truth Indian hostilities required the presence of
+additional troops. As these forces would be raised chiefly in New
+England, they could be employed first to protect Springfield. Any open
+avowal of this plan was avoided, however, lest the insurgents should
+take alarm and immediately attack the arsenal. But these plans were
+wrecked on the reef of financial bankruptcy. Congress could only
+supplicate the States for money and borrow what it might on its
+expectations. Recruiting went on so slowly that the rebellion was
+practically over when two companies of artillery, numbering
+seventy-three men each, which had been raised in Massachusetts, were
+finally marched to Springfield. All the other recruits were dismissed.
+The inefficiency of Congress and its want of moral influence were
+self-confessed.</p>
+
+<p>In his famous circular letter of 1783, Washington had spoken of the
+times as a period of "political probation."<span class='pagenum'><a name="Page_23" id="Page_23">[Pg 23]</a></span> The moment had come for the
+United States to determine, said he, "whether they will be respectable
+and prosperous, or contemptible and miserable, as a nation." Three years
+had now passed and the period of probation seemed to have ended in the
+ruin of national hopes. The events of the years 1786 made a profound
+impression upon the minds of all responsible and conservative men. In
+undisguised alarm, Washington wrote: "There are combustibles in every
+State which a spark might set fire to.... I feel ... infinitely more
+than I can express to you, for the disorders which have arisen in these
+States. Good God! Who, besides a Tory, could have foreseen, or a Briton,
+predicted them?" Rightly or wrongly, men of the upper classes believed
+that the foundations of society were threatened and that the State
+Governments would fall a prey to the radical and unpropertied elements,
+unless a stronger Federal Government were created. "With this idea, they
+are thinking, very seriously," wrote an interested observer at the seat
+of Federal Government in New York, "in what manner to effect the most
+easy and natural change of the present form of the Federal Government to
+one more energetic, that will, at the same time, create respect, and
+secure properly life, liberty, and property. It is, therefore, not
+uncommon to hear the principles of government stated in common
+conversation. Emperors, kings, stadtholders, governors-general, with a
+senate or house of lords, and house of commons, are frequently the
+topics of conversation." There were those who frankly advocated a
+monarchical government as the only way of<span class='pagenum'><a name="Page_24" id="Page_24">[Pg 24]</a></span> escape from the ills under
+which American society was laboring. There is reason to believe that a
+project was on foot to invite Prince Henry of Prussia to become the head
+of a new consolidated government. The influence of the Order of the
+Cincinnati was much feared by friends of republican institutions.
+Individually members of the order did not hesitate to express their
+impatience with popular government. What was to come out of this
+political chaos, no man could tell.</p>
+
+
+<p class="subhead2">BIBLIOGRAPHICAL NOTE</p>
+
+<div class="blockquot"><p>The two most extensive histories dealing with the period of the
+Confederation are George Bancroft's <i>History of the Formation of
+the Constitution of the United States of America</i> (2 vols., 1882)
+and G. T. Curtis's <i>History of the Origin, Formation, and Adoption
+of the Constitution of the United States</i> (2 vols., 1854). In the
+fourth volume of Hildreth's <i>History of the United States</i> (6
+vols., 1849-52), a concise but rather dry account of the
+Confederation may be found. More entertaining is John Fiske's <i>The
+Critical Period of American History, 1783-1789</i> (1888). Valuable
+information bearing on the social as well as the political history
+of the times is contained in the first volume of J. B. McMaster's
+<i>History of the People of the United States from the Revolution to
+the Civil War</i> (7 vols., 1883-1913). More recent histories of the
+period are A. C. McLaughlin's <i>The Confederation and the
+Constitution, 1783-1789</i> (in <i>The American Nation</i>, vol. 10,
+1905), and Edward Channing's <i>History of the United States</i>, vol.
+III (3 vols., 1905-&nbsp;). A vigorous narrative of the exploits of the
+pioneers beyond the Alleghanies has been written by Theodore
+Roosevelt, <i>Winning of the West</i> (4 vols., 1889-96). A more
+restrained account of the beginnings of Western settlement is B.
+A. Hinsdale's <i>The Old Northwest, the Beginnings of our Colonial
+System</i> (1899).</p></div>
+
+
+
+<hr style="width: 65%;" />
+<p><span class='pagenum'><a name="Page_25" id="Page_25">[Pg 25]</a></span></p>
+<p class="subhead1"><a name="CHAPTER_II" id="CHAPTER_II"></a>CHAPTER II</p>
+
+<p class="subhead2">THE MAKING OF THE CONSTITUTION</p>
+
+
+<p>Notwithstanding the manifold differences between State and State in the
+Confederation, there were everywhere groups of men who confronted much
+the same economic conditions. Between the farmer who tilled his sterile
+hillside acres in the interior of New England and the cultivator of the
+richer soil of the Piedmont in Virginia and the Carolinas, a greater
+identity of economic interests existed than the casual observer would
+have suspected. The feeling of hostility which circumstances bred in the
+followers of Daniel Shays toward the merchants of Boston was akin to
+that which the farmers of middle and western Pennsylvania harbored
+toward the aristocratic and wealthy classes of Philadelphia and the
+eastern counties. A similar antagonism appears between the yeomen of the
+uplands and the planters of the tidewater farther to the south,
+accentuated, no doubt, by religious and racial differences. The
+Scotch-Irish or German dissenter, who was treated with contempt as a
+foreigner and forced to support a church established by a State
+Government which discriminated against numbers and in favor of property,
+was not likely to feel kindly toward the tidewater aristocracy. Bad
+crops spelled disaster for these farmers, for they had incurred debt to
+purchase their lands and had borrowed capital to work them. In hard
+times<span class='pagenum'><a name="Page_26" id="Page_26">[Pg 26]</a></span> they were the first to suffer, for whether money was scarce or
+plentiful, the tax-collector and the money-lender knocked inexorably at
+their doors. Bad roads kept them isolated and want of intercourse bred
+much ignorance and prejudice in even honest men. Were the recorded
+grievances of these inland groups brought together, they would show a
+surprising agreement.</p>
+
+<p>Set over against this interior population with predominant agrarian
+interests were those classes, urban for the most part, whose income was
+derived from personal rather than real property. Even at this time a
+capitalist class of no mean proportions existed. No inconsiderable part
+of this personalty was invested in shipping and manufacturing. A part,
+not easily determined, was tied up in Western lands, which appealed
+strongly to the speculative instincts of the American. The amount of
+money at interest was also considerable in States like Massachusetts. As
+creditors of the debt-burdened farmers these classes were everywhere on
+the defensive. To this group should be added the holders of public
+securities, both state and continental, who could not have remained
+uninterested witnesses of the demise of the Confederation.</p>
+
+<p>The logic of events was drawing these holders of personal property
+together. Capitalists with idle money found the avenues to profitable
+investment closed by the inability of Congress to offer protection to
+either manufacturing or shipping; creditors with money at interest
+witnessed with alarm the inability or unwillingness of state
+legislatures to resist<span class='pagenum'><a name="Page_27" id="Page_27">[Pg 27]</a></span> attacks upon private contracts and public
+credit; holders of public securities shared the general contempt for a
+Government, which, so far from providing for the ultimate redemption of
+its obligations, could not even pay interest on its debts; speculators
+in lands despaired of a rise in values so long as the Government could
+not defend its borders and protect its frontier population. The desire
+of all these classes, from Boston to Charleston, was for a Government
+which would govern.</p>
+
+<p>Under these circumstances the idea of a special convention to revise the
+Articles of Confederation grew in favor. Some of the States, notably
+Delaware, Massachusetts, and New Hampshire, had employed constituent
+conventions to draft new frames of government. The legislature of New
+York had in 1782 proposed a convention to revise the Articles of
+Confederation. At the suggestion of Governor Bowdoin, the General Court
+of Massachusetts had resolved in 1785 in favor of such a convention; but
+the delegates in Congress, for reasons best known to themselves, had
+refused to present the resolution. In any case Congress could hardly be
+expected to take the initiative.</p>
+
+<p>For many years Virginia and Maryland had been at loggerheads over the
+navigation of the Potomac River and Chesapeake Bay. In 1784
+commissioners from both States met at Alexandria, and subsequently at
+Washington's country-seat, at Mount Vernon, to make a last effort to
+adjudicate their differences. It speedily appeared that the question of
+commercial regulations was one that concerned<span class='pagenum'><a name="Page_28" id="Page_28">[Pg 28]</a></span> also their neighbors to
+the north. Maryland proposed that Pennsylvania and Delaware should be
+invited to a further conference. The assembly of Virginia went still
+further and appointed delegates to meet with delegates from other States
+"to take into consideration the trade of the United States" and "to
+consider how far a uniform system in their commercial regulations may be
+necessary to their common interest and their permanent harmony."
+Annapolis was selected as the place of meeting.</p>
+
+<p>The response of the States to this call was disappointing. Only five
+States sent delegates. Positive action on trade relations was, of
+course, out of the question. But Alexander Hamilton, who attended as a
+delegate from New York, drafted a report which went far to redeem the
+situation. Addressed to the legislatures of the States represented at
+Annapolis, it called attention to the critical state of the Union and
+the need of a convention of delegates with wider powers from all the
+States; and in conclusion, it named Philadelphia and the second Monday
+in May, 1787, as a suitable place and time for such a convention. "From
+motives of respect" a copy of this report was sent to Congress.</p>
+
+<p>With its wonted indecision, Congress dallied with this bold proposal
+until late in the following February. Meantime, Virginia and other
+States appointed delegates to the convention which Congress had not yet
+sanctioned. When Congress finally issued the summons, it made no
+reference to the Annapolis Convention, though it took over bodily the
+recommendations of that body. The sole and express purpose<span class='pagenum'><a name="Page_29" id="Page_29">[Pg 29]</a></span> of the
+convention was declared to be the revision of the Articles of
+Confederation.</p>
+
+<p>The delegates to the Philadelphia Convention were to be "appointed by
+the States." As a matter of course, the choice devolved upon the
+legislature in every instance. To what extent the active economic
+interests directed and controlled the selection is a mere matter of
+speculation. Certain it is that the members of the convention belonged
+to the governing class in their respective communities. Almost to a man
+they had held important public positions. To a surprising extent they
+came from the commercial sections of their States. "Not one member
+represented in his immediate personal economic interests the small
+farming or mechanic classes." A large majority were "directly and
+personally interested in the outcome of their labors through their
+ownership of property, real or personal." Many were holders of public
+securities and profited by the later funding operations of the new
+Government; some had invested in Western lands; others had capital
+invested in manufacturing, shipping, and slaves. Thus circumstanced,
+they had no mind to try doubtful experiments in government.</p>
+
+<p>Among the first of the delegates to reach Philadelphia was James
+Madison. Other members of the Virginia delegation soon joined him, and
+on the 13th of May, Washington made what was really a triumphant entry
+into the city. When the 14th dawned only a few delegates had arrived.
+Inclement weather and bad roads detained many, no doubt; but a general
+dilatoriness in heeding the summons was accountable<span class='pagenum'><a name="Page_30" id="Page_30">[Pg 30]</a></span> for the tardiness
+of others. Until a majority of States were represented, the delegates
+could only adjourn from day to day. That the gentlemen from Virginia put
+this time to good use appears from the plan which they drew up as a
+tentative program and which Randolph presented to the convention.
+Indeed, there is little doubt that much unrecorded progress was made
+throughout the convention by informal conferences among the leaders.</p>
+
+<p>It was not until Friday, May 25, that seven States were represented and
+a preliminary organization could be effected. Washington was the
+unanimous choice for president, though tradition has it that Franklin
+was the first choice of many delegates. Altogether, though not at any
+one time, there were fifty-five delegates in attendance from twelve
+States. Rhode Island was never represented. The average attendance was
+hardly more than thirty. It was possible, therefore, to adopt simple
+rules of procedure and to permit full discussion. The credentials of the
+delegates gave them, with a single exception, free hand in revising the
+Articles of Confederation. Delaware alone forbade its representatives to
+make any alterations which should deprive the State of its equal vote in
+Congress.</p>
+
+<p>As the doors closed on this notable body in the chamber over
+Independence Hall in the State House, profound secrecy enveloped its
+proceedings. Not until the publication of the journal by act of Congress
+in 1819 were the actual proceedings of the convention divulged; and many
+more years passed before Madison's notes on the debates were given to
+the<span class='pagenum'><a name="Page_31" id="Page_31">[Pg 31]</a></span> curious public. The earth scattered on the pavement to silence the
+rattling of wheels and the sentries stationed at the doors to warn
+intruders gave added emphasis to the importance of this gathering.</p>
+
+<p>The task before the convention was one of immense difficulty. The most
+general criticism of the Confederation was that expressed in the vague
+phrase, "lack of power"; but the defect could not be overcome merely by
+giving new powers to Congress. Any such increase of authority involved a
+delicate readjustment of the relations of the States to each other and
+to the central Government. Before the convention had been in session a
+fortnight, a line of cleavage among the delegates appeared. To the most
+obtuse mind the resolutions presented as the Virginia plan seemed to
+reach far beyond any mere revision of the Articles of Confederation.
+Randolph frankly admitted the scope of his resolutions by urging that a
+union of the States merely federal would not suffice. The convention so
+far yielded to the general drift as to adopt, in committee of the whole,
+the resolution "that a national government ought to be established
+consisting of a supreme Legislative, Executive, and Judiciary."</p>
+
+<p>As the group of nationally minded delegates, led by Madison and Wilson,
+of Pennsylvania, seized this initial advantage and secured the
+acceptance, step by step, of the main features of a national government,
+the delegates from the smaller States drew together in alarmed
+opposition. It was in their behalf that Paterson, of New Jersey,
+presented his resolutions. In contrast to the Virginia plan, this held
+out only<span class='pagenum'><a name="Page_32" id="Page_32">[Pg 32]</a></span> the prospect of an improved Confederation. Additional powers
+were to be given to Congress and there was to be an executive and a
+supreme judiciary; but the basal principle of the Confederation&mdash;the
+equality of the States&mdash;was left untouched. Given the alternative
+between the New Jersey plan and the Virginia plan as amended, seven
+States voted for the latter. Only New York, New Jersey, and Delaware
+preferred the former. The vote of Maryland was divided. The convention
+then returned to the detailed consideration of the amended Virginia
+plan. The large-State men were now disposed to make some concessions.
+The word "national" was dropped from all the resolutions; and minor
+changes were made in the interest of harmony. But on the fundamental
+question of what was termed "proportional representation,"&mdash;that is,
+representation of the States in proportion to numbers in the national
+legislature,&mdash;no agreement seemed possible. More than once the
+convention was on the point of adjourning <i>sine die</i>. Even the usually
+placid Franklin suggested that "prayers imploring the assistance of
+Heaven ... be held in this Assembly every morning."</p>
+
+<p>In spite of the opposition of the smaller States, the convention finally
+voted that the rule of suffrage in the first branch of the legislature
+ought not to be according to that established by the Articles of
+Confederation. Debate then turned on the manner of constituting the
+upper chamber. On July 2, a vote was taken on the proposal of the
+Connecticut delegation that each State should have an equal vote in the
+upper house. The result was a tie, five States<span class='pagenum'><a name="Page_33" id="Page_33">[Pg 33]</a></span> against five, with the
+vote of one State divided. The deadlock seemed complete.</p>
+
+<p>Hoping that a compromise might even yet be effected, General Pinckney
+proposed a committee of one from each State to consider the whole
+matter. Opposition was made, but the convention indorsed the proposal
+and chose the members of the committee by ballot. The selection was
+obviously favorable to the small-State party, for the committee
+abandoned the idea of proportional representation in the second chamber.
+On July 5, it recommended that in the first branch of the legislature
+there should be one representative for every forty thousand inhabitants
+in each State, counting three fifths of the slaves, and that in the
+second chamber the States should have an equal vote. The first
+proposition underwent further changes at the hands of a special
+committee, but the principle of representation was accepted. On July 16,
+the first proposition as amended and the second proposition without
+change were adopted by a vote of five States to four, with the vote of
+one State divided. Very properly historians have termed this the great
+compromise of the Constitution, for without it the further work of the
+convention would have been impossible. In agreeing that three fifths of
+the slaves should be counted in apportioning representation, the
+convention made no innovation, but simply took over the federal ratio
+which Congress had recommended in 1783 as the basis for future
+apportionment of requisitions among the States. On this point there was
+no great difference of opinion in the convention.</p>
+
+<p>It would be a mistake, however, to suppose that<span class='pagenum'><a name="Page_34" id="Page_34">[Pg 34]</a></span> with this obstacle to
+union removed, the Constitution speedily took form. On the contrary,
+every proposal bristled with controversial points. The Northern
+commercial States demanded insistently that Congress should be given
+power to regulate commerce. It was, indeed, the desire of the commercial
+classes in all the States that Congress should be given power to pass
+retaliatory acts against Great Britain, but the planters of the
+Carolinas and Georgia feared&mdash;not without reason&mdash;that the power to
+regulate commerce might be used to interfere with the importation of
+slaves. Here, too, the spirit of compromise prevailed. The power was
+granted, but the importation of such persons as the States thought
+proper to admit was not to be prohibited before the year 1808.</p>
+
+<p>From first to last, divergent views were held as to the constitution of
+the chief executive office. After the initial question, whether the
+office should be single or plural, was decided, the manner of election
+remained to be considered. The early proposal to make the President
+elective by the national legislature was dropped as the office assumed
+greater importance in the general scheme. If the independence of the
+legislature was to be maintained, some form of indirect popular choice
+was favored. But if the people were to elect, the larger States would
+have a decided advantage. Here was the old question in another form. The
+electoral scheme finally adopted was essentially a compromise. In most
+instances&mdash;Mason, of Virginia, said nineteen out of twenty times&mdash;it was
+believed that the electors would so scatter their votes<span class='pagenum'><a name="Page_35" id="Page_35">[Pg 35]</a></span> that no
+candidate would have a majority; consequently the Senate would make a
+choice from among the five candidates having the highest votes. By this
+arrangement the large States would in effect nominate and the small
+States elect the President. But because the Senate had already been
+given extensive powers, the convention transferred the final election to
+the House, with the provision that the vote there should be by States.
+The eventual election of a Vice-President was left to the Senate,
+whenever the electoral college failed to make a choice.</p>
+
+<p>From time to time the convention resorted to committees to facilitate
+its work. Most important services were rendered by the committee of
+detail, which early in August put into orderly and connected form the
+conclusions which the convention had reached. It was the committee on
+unfinished business which suggested the method finally adopted of
+electing the President. In its final form and phrasing the Constitution
+is the work of Gouverneur Morris, who prepared the report of the
+committee of style.</p>
+
+<p>Citizens of Philadelphia who took up their copies of the <i>Pennsylvania
+Advertiser</i> on Tuesday, September 17, found to their surprise that the
+columns were completely filled with the new Constitution. This was their
+first intimation of what the convention had really done. Rumor had
+stalked abroad that the convention was rent by dissensions; but the
+envious reader saw at the end of his paper the words, "Done in
+convention by the unanimous consent of the States ... in witness whereof
+we have hereunto subscribed our names." Done by unanimous<span class='pagenum'><a name="Page_36" id="Page_36">[Pg 36]</a></span> consent of
+the delegates the Constitution was not, for not all the delegates who
+were present on the last day would affix their signatures. It was
+Gouverneur Morris who suggested the phrase which gave a specious
+unanimity to the work of the convention.</p>
+
+<p>The thoughtful reader of the Constitution must have been impressed by
+the new features which caught his eye. In place of the old inefficient
+and powerless Congress, he observed a well-organized national
+legislature, an independent executive, and a federal judiciary of ample
+jurisdiction. Further scrutiny must have apprised him that the new
+Government would operate directly upon individuals, thus remedying a
+vital defect in the Confederation. The powers given to Congress may well
+have set at rest the minds of anxious public creditors. With the power
+to lay and collect taxes, to raise and support a military and naval
+establishment, and to regulate commerce, Congress had ample means to pay
+the public debt, to enforce its claims, and to offer protection to trade
+and industry. Not less significant to property-owners were the brief
+clauses in the new Constitution which sharply forbade States to emit
+bills of credit, to make anything but gold and silver legal tender in
+payment of debts, and to make laws impairing the obligation of
+contracts.</p>
+
+<div class="figright" style="width: 350px;">
+<a name="il3" id="il3"></a>
+<a href="images/i3.jpg"><img src="images/i3-thumb.jpg" width="350" height="528"  alt="Distribution of Votes in Ratification of the Constitution,
+The New England States (Based on the map of Dr. O. G. Libby)" title="" /></a>
+</div>
+
+<p>But what guaranty was there that States would observe these
+prohibitions? The power to coerce a State was nowhere conferred. The
+militia, to be sure, could be called out to execute the laws; and the
+United States guaranteed to every State a republican form of government
+and promised protection<span class='pagenum'><a name="Page_37" id="Page_37">[Pg 37]</a></span> against domestic violence. Congress could deal
+surely and effectively with any future Shays if it were invited to do
+so. But what if a State passed a law violating the obligation of
+contracts? The answer is<span class='pagenum'><a name="Page_38" id="Page_38">[Pg 38]</a></span> contained in the clause which reads: "This
+Constitution, and the Laws of the United States which shall be made in
+Pursuance thereof; and all Treaties made, or which shall be made, under
+the Authority of the United States, shall be the supreme Law of the
+Land; and the Judges in every State shall be bound thereby, any Thing in
+the Constitution or Laws of any State to the Contrary notwithstanding."
+This and the correlative clause which extended the judicial power to all
+cases arising under the Constitution, the laws and the treaties of the
+United States, may be called the keystone of the whole constitutional
+structure. "For the first time in history, courts are called upon by the
+simple processes of administering justice, in cases where private right
+or personal injury is involved, to uphold the structure of the body
+politic." And there were those in the convention who believed that the
+principle of judicial control included the power of passing upon the
+constitutionality of laws enacted by Congress.</p>
+
+<p>It was still within the power of the old Congress to expedite or block
+the ratification of the new Constitution. The document which the
+Philadelphia Convention presented was technically only a revision of the
+Articles of Confederation, which might be altered only with the consent
+of the legislatures of all thirteen States; but the last article of this
+new instrument provided that when ratified by conventions (not
+legislatures) in nine States, it should go into effect among the States
+so acting. In effect, Congress was asked to sanction a secession of nine
+States from the old Union which had been declared perpetual.<span class='pagenum'><a name="Page_39" id="Page_39">[Pg 39]</a></span> Making a
+virtue of necessity, Congress finally yielded and passed the
+Constitution on to the States.</p>
+
+<div class="figleft" style="width: 300px;">
+<a name="il4" id="il4"></a>
+<a href="images/i4.jpg"><img src="images/i4-thumb.jpg" width="300" height="482" alt="Distribution of Votes in Ratification of the Constitution,
+The Middle States (Based on the map of O. G. Libby)" title="" /></a>
+</div>
+
+<p>Since the party struggles of Whigs and Tories no campaign of continental
+proportions had ever been seen like that which ensued between the
+friends and foes of the new Constitution. By their forehandedness and
+their clear perception of what they must do, the Federalists, as the
+proponents of better government styled themselves, had a slight tactical
+advantage. The Anti-Federalists resented the assumption of the name by
+their opponents. They were the true friends of federal government, while
+the friends of the new Constitution aimed to set up a consolidated
+government. The press teemed with letters and essays, allegories and
+satires, squibs and pasquinades, expostulating, warning, ridiculing. The
+public was invited to heed<span class='pagenum'><a name="Page_40" id="Page_40">[Pg 40]</a></span> the admonitions of Cato, Cassius, and many
+another worthy Roman.</p>
+
+<p>Although much the same arguments, sober or satirical, were used
+everywhere, the campaign had to be fought out in the several States,
+each with its own peculiar social, economic, and political conditions.
+In Massachusetts the eastern counties, with their dominant commercial
+and mercantile interests, favored the Constitution, while the interior
+agricultural section, which had fought the battles of the Revolution and
+recruited the ranks of Shays' army, opposed it. The interior counties of
+New York containing the farming population were Anti-Federal, while the
+city and county of New York with its environs&mdash;the commercial
+section&mdash;were Federalist. In Pennsylvania, those who had opposed the
+domination of the Scotch-Irish and German radicals in the State
+Government now united in advocacy of the new Constitution. Here as
+elsewhere the Federal area corresponded closely to the counties where
+commercial and mercantile interests were most in evidence. In Virginia,
+the old-time social and economic antagonism between east and west,
+between the planters and merchants of the tidewater and the small
+farmers of the interior, reappeared. Much the same alignment is found in
+the Carolinas. Beyond the Alleghanies, the people were a unit in
+opposing the Constitution.</p>
+
+<p>Detailed studies of the geographical distribution of votes in the state
+conventions, and recent investigations in the archives of the Treasury
+Department, sustain the conclusion to which the historian is<span class='pagenum'><a name="Page_41" id="Page_41">[Pg 41]</a></span> driven by
+the testimony of contemporaries, that the fundamental opposition between
+the advocates and opponents of the Constitution was based on
+distinctions of wealth. On his first view of the Constitution young John
+Quincy Adams wrote in his diary: "It is calculated to increase the
+influence, and power, and wealth of those who have any already." A
+writer in the <i>Boston Gazette</i> declared that the supporters of the
+Constitution consisted generally of the noble Order of Cincinnatus,
+holders of public securities, bankers, and lawyers: "these with their
+train of dependents form the Aristocratick combination." Over against
+this should be put the remark of Alexander Hamilton: that the new
+Constitution encountered the "opposition of all men much in debt, who
+will not wish to see a government established, one object of which is to
+restrain the means of cheating creditors." According to John Adams, the
+Constitution was "the work of the commercial people in the seaport
+towns, of the planters of the slaveholding states, of the officers of
+the Revolutionary army, and the property-holders everywhere."</p>
+
+<p>From November to the following July the campaign continued. Delaware,
+New Jersey, and Georgia ratified the Constitution unanimously;
+Connecticut by a majority of three to one; and Pennsylvania, by a
+majority of two to one. But there is reason to believe that these
+majorities in the ratifying conventions did not reflect public opinion
+accurately. Massachusetts, Maryland, and South Carolina followed
+hesitatingly, each proposing amendments to the Constitution. Toward the
+end of June the ninth State,<span class='pagenum'><a name="Page_42" id="Page_42">[Pg 42]</a></span> New Hampshire, threw in her lot with the
+majority; and on the heels of this news came the intelligence that the
+Old Dominion had also ratified. The Constitution was now the law of the
+land. In the stanch Federal city of Philadelphia, the Fourth of July was
+celebrated with great rejoicing, for in the parlance of the time the
+sloop Anarchy was ashore on Union Rock, the old scow Confederation had
+put to sea, and the good ship Federal Constitution had come into port
+bringing a cargo of Public Credit and Prosperity.</p>
+
+<div class="figcenter" style="width: 650px;">
+<a name="il5" id="il5"></a>
+<img src="images/i5.jpg" width="650" height="513" alt="Distribution of Votes in Ratification of the Constitution,
+The Southern States, 1787-1790 (Based on the map by Dr. O. G. Libby)" title="" />
+</div>
+
+<p>But until New York ratified the Constitution this rejoicing was
+premature. Geographically New York was a pivotal State. A union without
+this member was not worthy of the name. The task of the Federalists<span class='pagenum'><a name="Page_43" id="Page_43">[Pg 43]</a></span> was
+here most difficult. Fully two thirds of the convention were at first
+opposed to the Constitution. The leadership of the Federalists fell to
+Hamilton. Together with James Madison and John Jay, he contributed to
+the newspapers a series of essays in advocacy of the Constitution,
+which, under the title <i>The Federalist</i>, have become a classic in our
+political literature. Just how the Federalists succeeded in overcoming a
+hostile majority and in securing a ratification of the Constitution by a
+vote of thirty to twenty-seven, remains a mystery to this day.</p>
+
+<p>Half a century later it became the habit of statesmen of the nationalist
+school to speak of the Constitution as the work of the people of the
+United States. John Marshall declared the Constitution to be "an
+expression of the clear and deliberate will of the whole people." As a
+matter of fact, no direct popular vote was taken at any stage in its
+evolution. The delegates to the Philadelphia Convention were chosen by
+the state legislatures; their work was ratified by conventions of
+delegates in the several States; and these delegates were chosen in
+every State but one on a carefully limited suffrage. New York alone
+provided that delegates to the convention should be elected on the basis
+of manhood suffrage. Elsewhere property qualifications were imposed
+which disfranchised probably about one third of the adult male
+population. In all the States a considerable proportion of the voters
+abstained from voting. In Boston, where twenty-seven hundred were
+qualified to vote, only seven hundred and sixty took the trouble to<span class='pagenum'><a name="Page_44" id="Page_44">[Pg 44]</a></span>
+vote for delegates to the state convention. A recent writer hazards the
+guess that "not more than one fourth or one fifth of the adult white
+males took part in the election of delegates to the state conventions."
+If this be true, the Constitution expressed something less than the will
+of the whole people and perhaps not even of a majority. The making of
+the Constitution was clearly the work of a party rather than of the
+whole people. In the ranks of the Federalist party were the wealth and
+intelligence which made possible concerted and rapid action. The
+leadership fell naturally to those who had been accustomed to public
+life. From this point of view, the adoption of the Constitution was the
+triumph of a "natural aristocracy."</p>
+
+<p>Meantime, Congress nearing its end made testamentary provision for its
+heir. After much wrangling and vacillation, it fixed upon New York as
+the seat of the new Government and summoned the States to choose
+presidential electors, Senators, and Representatives. The new national
+legislature was to assemble on the first Wednesday in March, which fell
+upon the 4th. To this summons, two States turned a deaf ear. Not having
+ratified the new Constitution, North Carolina and Rhode Island were
+strangely circumstanced. Of all the States which had entered into the
+"firm league of friendship," they alone remained loyal&mdash;loyal, but
+discredited.</p>
+
+
+<p class="subhead2">BIBLIOGRAPHICAL NOTE</p>
+
+<div class="blockquot"><p>Full accounts of the work of the Federal Convention may be found
+in the histories of Bancroft and Curtis; briefer accounts, in<span class='pagenum'><a name="Page_45" id="Page_45">[Pg 45]</a></span> the
+volumes already cited, by McMaster, Fiske, McLaughlin, and
+Channing. A succinct narrative is given by Max Farrand, <i>The
+Framing of the Constitution</i> (1913). A suggestive volume, treating
+of the Constitution as the resultant of conflicting economic
+interests, is C. A. Beard's <i>An Economic Interpretation of the
+Constitution of the United States</i> (1913). Among the special
+studies of the ratification of the Constitution may be mentioned,
+O. G. Libby, <i>The Geographical Distribution of the Vote of the
+Thirteen States on the Federal Constitution, 1787-1788</i> (1888);
+McMaster and Stone, <i>Pennsylvania and the Federal Constitution,
+1787-1788</i> (1888); S. B. Harding, <i>The Contest over the
+Ratification of the Federal Constitution in the State of
+Massachusetts</i> (1896); and F. G. Bates, <i>Rhode Island and the
+Formation of the Union</i> (1898). The most illuminating notes of the
+debates in the Convention were those taken by James Madison, which
+are printed in the <i>Records of the Federal Convention</i> (3 vols.,
+edited by Farrand, 1911). The most valuable commentary on the
+Constitution is still <i>The Federalist</i>, written by Madison,
+Hamilton, and Jay.</p></div>
+
+
+
+<hr style="width: 65%;" />
+<p><span class='pagenum'><a name="Page_46" id="Page_46">[Pg 46]</a></span></p>
+<p class="subhead1"><a name="CHAPTER_III" id="CHAPTER_III"></a>CHAPTER III</p>
+
+<p class="subhead2">THE RESTORATION OF PUBLIC CREDIT</p>
+
+
+<p>"The people have been ripened by misfortune for the reception of a good
+government," Washington wrote to Jefferson, in the midsummer of 1788.
+"They are emerging from the gulf of dissipation and debt into which they
+had precipitated themselves at the close of the war. Economy and
+industry are evidently gaining ground." There is, indeed, abundant
+evidence that thrift and enterprise were steadily banishing hard times.
+The task of establishing the new government was made incomparably easier
+by the confidence inspired by returning prosperity.</p>
+
+<p>Already West India commerce had resumed very nearly its old volume. Both
+France and Spain had made concessions to vessels which came to the
+island ports laden with American produce. The Dutch and the Danish
+islands had always been kept open to American trade; and evidence is not
+wanting that the needs of British West India planters were stronger than
+their respect for orders in council. At all events, by hook or crook,
+American farm products and lumber found their way to British planters as
+well as to their French competitors. But something more than the
+resumption of the West India traffic was needed to restore prosperity.
+Necessity<span class='pagenum'><a name="Page_47" id="Page_47">[Pg 47]</a></span> drove American sea captains to longer voyages and larger
+ventures. American vessels found their way in increasing numbers through
+the Baltic to Russia, and around Cape Horn to the Pacific ports, to
+China, and to the East Indies. One of the pioneers of this traffic to
+the Far East was Captain Robert Gray, of Boston, who, in his ship, the
+Columbia, doubled the Cape of Good Hope and completed the first American
+voyage around the world.</p>
+
+<p>While hardy seamen were seeking new markets, American ingenuity was
+trying to reproduce the machinery which was coming into use in England
+for the manufacture of textiles. In the year 1789, Pennsylvania was
+manufacturing cotton cloths, hats, and "all articles in leather," while
+Massachusetts was making cordage, duck, and glass. "The number of shoes
+made in one town, and nails in another, is incredible," wrote
+Washington. When Hamilton made his famous report on manufactures two
+years later, he described some seventeen industries which had already
+attained considerable proficiency, though nearly all of these were
+carried on in the household.</p>
+
+<p>The dawn of the 4th of March was saluted by the guns at the Battery in
+New York and by the ringing of church bells. This day was to witness the
+inauguration of the new Government. Delusive expectation! The dilatory
+habits of a decade were not so readily unlearned. To the amusement of
+ill-wishers, barely a score of Congressmen appeared in the city; and the
+carpenters were still at work remodeling the old City Hall into a
+fitting habitation for the new Federal Congress. It was not until<span class='pagenum'><a name="Page_48" id="Page_48">[Pg 48]</a></span> the
+30th that enough Representatives were in attendance to make up a quorum
+and to permit the House to organize. Another week passed before the
+Senate could organize.</p>
+
+<p>On the 6th of April, the Senate summoned the House to attend the
+counting of the electoral votes. It then appeared that George Washington
+had received the highest number (69) and John Adams the next highest
+(34). This happy result had not been achieved without some concerted
+action among the Federalist leaders. The great personal influence of
+Washington was needed, indeed, to give dignity to the new office. While
+messengers were hastening to inform Washington and Adams of their
+election, the members of Congress had ample opportunities to look each
+other over. If they were not well known to each other, they were at
+least conspicuous in their respective communities. Nearly every man had
+held public office under his State Government and a large proportion had
+sat in the state conventions which had ratified the Constitution. Over
+two thirds of the Representatives counted themselves Federalist, or at
+least friends of the new Constitution.</p>
+
+<div class="figcenter" style="width: 550px;">
+<a name="il6" id="il6"></a>
+<a href="images/i6.jpg"><img src="images/i6-thumb.jpg" width="550" height="980"  alt="Distribution of Population 1790 (Indian Tribes beyond the settled area)" title="" /></a>
+</div>
+
+<p>On the 30th of April, the Senate and House in joint session received the
+President-elect. With simple ceremonies as befitted the occasion, the
+inauguration of our first President was consummated. Stepping from the
+Senate chamber upon the balcony, Washington looked out upon the crowds
+which thronged Wall Street. The Chancellor of New York administered the
+oath, the populace shouted, "Long<span class='pagenum'><a name="Page_50" id="Page_50">[Pg 50]</a></span><span class='pagenum'><a name="Page_49" id="Page_49">[Pg 49]</a></span> live George Washington, President of
+the United States!" and then the President withdrew to deliver his
+inaugural address.</p>
+
+<p>When the minutes of the Senate were read next day an incident occurred,
+which, trivial as it seems, was indicative of a spirit that may be truly
+characterized as American. The President's address was referred to as
+"His most gracious Speech." In a moment the doughty Maclay, of
+Pennsylvania, sprang to his feet with a vigorous protest. These were
+words which savored of kingly authority and which were odious to the
+people. He moved that they be struck out. Vice-President John Adams
+remonstrated mildly; he saw no objection to borrowing the practices of a
+government under which we had lived so long and happily. Senator Maclay
+was on his feet at once with the declaration that the sentiments of the
+people had undergone a change adverse to royal government. Such a phrase
+on the minutes of the Senate would immediately be represented as "the
+first rung of the ladder in the ascent to royalty." Maclay had his way
+and the offensive phrase was erased. Much the same republican spirit
+appeared in the debate on titles. The Senate would have preferred to
+address the President as "His Highness, the President of the United
+States and Protector of their Liberties"; but the House insisted on
+having the plain title, "President of the United States."</p>
+
+<p>Even before the inauguration, the House of Representatives had entered
+upon its first tariff debate, for an immediate revenue was needed if the
+wheels of government were to move. Madison was ready with a<span class='pagenum'><a name="Page_51" id="Page_51">[Pg 51]</a></span> scheme of
+customs duties patterned very largely after the ill-fated project of
+1783. On all sides it was agreed that taxes should be external rather
+than internal, upon foreign rather than domestic commerce. Madison
+advocated duties upon "articles of requisition likely to occasion the
+least difficulty," such as spirituous liquors, molasses, wines, tea,
+coffee, cocoa, pepper, and sugar. But almost at once the idea was
+broached that indirect aid should be given to certain industries. The
+clash of opposing sectional interests appears even in this first debate.
+In the end Madison's simple revenue measure was set aside. Specific
+duties were levied on more than thirty articles, and <i>ad valorem</i> duties
+ranging from five to fifteen per cent on all others. Revenue was still
+the main object, but protective duties were deliberately grafted upon
+the bill. Tonnage dues were fixed in a separate act, while still another
+act laid the foundations of our national fiscal administration. In every
+State, side by side with local officials, yet independent of state
+control, there were to be collectors, surveyors of ports, inspectors,
+weighers, gaugers, measurers,&mdash;in short, so many living witnesses to the
+existence of a self-sufficient central government.</p>
+
+<p>When Congress addressed itself to the work of establishing the executive
+departments, questions of constitutional interpretation thrust
+themselves into the foreground. Experience under the Confederation
+proved the need of at least the three departments of foreign affairs,
+war, and treasury. Bills to establish these departments were at once
+framed and favorably considered, but exception was taken to the
+provisions<span class='pagenum'><a name="Page_52" id="Page_52">[Pg 52]</a></span> making the heads of these departments, who were appointed by
+the President and Senate, removable by the President alone. It was
+finally agreed to assume that the President had the power to remove from
+office. The act was therefore made to read, "Whenever said principal
+officer shall be removed by the President." In this wise, by legislative
+construction, the Constitution was expanded at many points in the early
+years of the new Government.</p>
+
+<p>The bill to establish the Treasury Department was drawn in accordance
+with the ideas of Hamilton, for it was expected that he would be the
+first incumbent of the office. It may have been his well-known
+partiality for British institutions that caused the House to mistrust
+the phrase which made it the duty of the Secretary "to digest and report
+plans for the improvement and management of the revenue, and the support
+of the public credit." "If we authorize him to prepare and report
+plans," argued Tucker, of Virginia, voicing that fear of executive
+authority which was then instinctive, "it will create an interference of
+the executive with the legislative powers; it will abridge the
+particular privilege of this House.... How can business originate in
+this House, if we have it reported to us by the Minister of Finance?"
+The House was not minded to make Alexander Hamilton a Chancellor of the
+Exchequer. The bill was amended to read, "digest and prepare."
+Subsequently the House showed unmistakably its determination to assume
+direction of the national revenues and expenditures.</p>
+
+<p>One of the first concerns of Congress was to give<span class='pagenum'><a name="Page_53" id="Page_53">[Pg 53]</a></span> substance to the
+colorless statement of the Constitution that there should be one supreme
+court and such inferior courts as Congress should ordain and establish.
+On the day following its organization, while the House was grappling
+with the question of revenue, the Senate appointed a committee to bring
+in a bill to establish the federal courts. The chairman of this
+committee was Oliver Ellsworth, of Connecticut, who had sat on the bench
+of the Court of Appeals under the Confederation and who had been an
+influential member of the Federal Convention. The bill reported by the
+committee was substantially his work. It provided for a supreme court
+bench of six judges&mdash;a chief justice and five associates; for thirteen
+district courts, each with a single judge; and for three circuit courts,
+each of which was to consist of two justices of the Supreme Court and a
+district judge. Lengthy provisions in the act carefully delimited the
+jurisdiction of these courts, and laid down the modes of procedure and
+practice in them. Of great importance was the twenty-fifth section,
+which provided for taking cases on appeal to the Supreme Court from the
+lower federal and state courts. The words of the act, by a fair
+implication, would seem to confer upon the Supreme Court the power to
+review the decision of a state court holding an act of the United States
+unconstitutional. It would seem to follow logically that the Supreme
+Court might do also directly what it might do indirectly&mdash;declare an act
+of Congress void by reason of its repugnance to the Constitution.
+Ellsworth, at least, held that in the discharge<span class='pagenum'><a name="Page_54" id="Page_54">[Pg 54]</a></span> of their ordinary
+duties, the judges of the federal courts would have the right to
+pronounce acts of Congress void when they stood in conflict with the
+Constitution. Attempts were made, in the course of the debate on the
+Judiciary Act, to strip the federal courts of all jurisdiction except in
+admiralty and maritime cases. Many members of Congress agreed with
+Maclay in thinking that the Judiciary Act was calculated to draw all law
+business into the federal courts. "The Constitution is meant to swallow
+all the state constitutions, by degrees," averred the worthy Senator
+from Pennsylvania; "and this [bill] to swallow, by degrees, all the
+state judiciaries."</p>
+
+<p>The wisdom of the new President appeared in his appointments to office.
+Concerned solely with the fate of the federal experiment, he sought
+consistently the support of those who would add weight to the new
+Government, and who were Federalists in politics. Not only personal
+fitness but sectional interests had to be taken into consideration.
+Washington was solicitous to draw "the first characters of the union"
+into the judiciary, particularly those who had served in the state
+courts and commanded public confidence. His choice for Chief Justice
+fell upon John Jay. Rutledge, of South Carolina, Wilson, of
+Pennsylvania, Cushing, of Massachusetts, Harrison, of Maryland, and
+Blair, of Virginia, were first named as Associate Justices. Washington
+chose his chief advisers also from different sections. Thomas Jefferson
+was invited to become Secretary of State&mdash;a post which he accepted
+somewhat reluctantly. Hamilton did not have to be urged to take the
+headship of the<span class='pagenum'><a name="Page_55" id="Page_55">[Pg 55]</a></span> Treasury. Knox was given the superintendence of a
+military establishment which then numbered only a few hundred men.
+Edmund Randolph was appointed Attorney-General.</p>
+
+<p>Before Congress adjourned in the fall, it adopted and sent to the States
+for ratification twelve amendments to the new Constitution. There were
+those who thought this action precipitate. Why tinker with a
+constitution which had hardly been tried? To all such Madison replied
+cogently that the amendments which his committee reported did not alter
+the framework of the instrument, but added only certain safeguards to
+individual rights. The lack of a declaration of rights had been deplored
+in every convention and had cost the support of many respectable people.
+Moreover, two communities had not yet "thrown themselves into the bosom
+of the Confederacy." The wisdom of this course was attested by the
+prompt ratification of ten of the twelve proposed amendments.</p>
+
+<p>On November 21, 1789, North Carolina ratified the Constitution, leaving
+Rhode Island to a position of hazardous isolation. Congress was
+considering a bill to cut off the commercial privileges of the State, by
+putting her on the footing of a foreign nation, when news came that a
+convention at Newport had ratified the Constitution by the narrow margin
+of two votes. In the following year the number of States was increased
+by the admission of Vermont. The admission of Kentucky followed in 1792;
+and Congress paved the way for the entrance of other States into the
+Union by organizing the Southwest<span class='pagenum'><a name="Page_56" id="Page_56">[Pg 56]</a></span> Territory out of Western lands ceded
+by the three southernmost States. The expansion of the United States had
+begun, bringing with it unforeseen problems.</p>
+
+<p>The severest labors of Congress began in the second session, when the
+new Secretary of the Treasury presented his first report on public
+credit. Shortly after the Convention of 1787, Hamilton had expressed his
+belief that one of the great dangers which threatened American society
+was "the depredations which the democratic spirit is apt to make on
+property." Distrusting the political capacity of the people, whom in
+private he called "a great beast," he believed that the new Government
+would succeed or fail in just the proportion that it enlisted the
+support of the influential and wealthy classes. He set himself
+deliberately to the task of identifying the interests of the propertied
+classes with those of the Government.</p>
+
+<p>It was a sorry state in which Hamilton found the national finances. The
+foreign debt, including principal and arrears of interest, amounted to
+$11,710,000. The domestic debt, much more difficult to determine, was
+not less than $42,414,000, about one third of which was made up of
+arrears of interest. The debts of the individual States, principal and
+interest, were estimated at about $25,000,000. These were heavy burdens
+for the shoulders of a young Government whose fiscal powers were as yet
+untested. But the shoulders had to be fitted to the burden, if public
+credit was to be restored.</p>
+
+<p>In this first report on public credit, January 9,<span class='pagenum'><a name="Page_57" id="Page_57">[Pg 57]</a></span> 1790, Hamilton
+analyzed the financial situation with masterly clearness and set forth
+his plans for the adjustment of the national debt. The determination of
+Congress to make adequate provision for the support of the public credit
+was justified in his mind by every consideration. A country like the
+United States, possessed of little active wealth, must borrow in
+emergencies; to borrow on good terms, it must establish its credit; and
+to maintain its credit, it must faithfully observe its contracts. But
+over and above these considerations, dictated by expediency, were
+"immutable principles of moral obligation." Moreover, the national debt
+was no ordinary obligation: it was "the price of liberty." On all sides,
+it was agreed that the debt contracted abroad should be provided for in
+the precise terms of the contracts.</p>
+
+<p>It was only in regard to the domestic debt that differences of opinion
+were likely to arise. The notes representing this debt were of all sorts
+and kinds. Much of it had changed hands and all of it had depreciated in
+value. Some of it still circulated as a monetary medium. The vital
+question was: how were the present holders to be paid? At the face value
+of the paper, or at the price for which it had been purchased? Hamilton
+argued firmly against any discrimination, both because it was a breach
+of contract and because it was a violation of the rights of a fair
+buyer.</p>
+
+<p>When this part of Hamilton's plan came before Congress in concrete form,
+it gave rise to the bitterest debate which had been heard. That it would
+give opportunity for immoderate speculation was plain<span class='pagenum'><a name="Page_58" id="Page_58">[Pg 58]</a></span> enough; yet every
+alternative which aimed to do justice by both the original and the
+present holder was confessedly inadequate, when a certificate of
+indebtedness, for example, had passed through several hands without
+record.</p>
+
+<p>No sooner was Hamilton's proposal made than a wild scramble began for
+the possession of the hitherto worthless government paper. "Couriers and
+relay horses by land, and swift sailing pilot boats by sea, were flying
+in all directions," wrote Jefferson. "Active partners and agents were
+associated and employed in every state, town, and country neighborhood,
+and this paper was bought up at 5/ and even as low as 2/ in the pound,
+before the holder knew Congress had already provided for its redemption
+at par. Immense fortunes were thus filched from the poor and ignorant,
+and fortunes accumulated by those who had themselves been poor enough
+before."</p>
+
+<div class="figcenter" style="width: 550px;">
+<a name="il7" id="il7"></a>
+<a href="images/i7.jpg"><img src="images/i7-thumb.jpg" width="550" height="942"  alt="Vote on Assumption July 24, 1790" title="" /></a>
+</div>
+
+<p>The second part of the scheme outlined in Hamilton's first report
+aroused even more bitter opposition. With a fine audacity he proposed
+the assumption of state debts. It is difficult to believe that Hamilton
+was perfectly ingenuous in stating his reasons for this move. He
+apprehended, he said, that the States would be hampered in satisfying
+their creditors because they had surrendered one important source of
+revenue to the central Government, duties on imports. In resorting to
+other means, the States might pass conflicting measures which would
+oppose industry. Besides, the debts had been incurred in the cause of
+Union and should be borne by all. But deeper than these reasons was
+probably a political<span class='pagenum'><a name="Page_60" id="Page_60">[Pg 60]</a></span><span class='pagenum'><a name="Page_59" id="Page_59">[Pg 59]</a></span> motive. Hamilton had no local attachments. A
+thoroughgoing nationalist, he saw in the claims of the States to
+autonomy only so many obstacles in the path of national unity. "To
+cement more closely the Union of States" by creating a solidarity of
+financial interests, was, indeed, the basal principle of his fiscal
+plans.</p>
+
+<p>The wrath of Congressmen from States like Virginia, which had already
+discharged most of their debts, knew no bounds. After they had practiced
+thrift and met their obligations, should they, forsooth, now aid their
+less provident sisters? The chief opponents of assumption came from the
+South, and the chief advocates from the North. South Carolina and New
+Hampshire parted company with their neighbors, the one because it had a
+large debt and the other because it had not. Pennsylvania was divided on
+this question. For a time the opposition was too strong to be overcome.
+On May 25, 1790, an adverse vote seemed to seal the fate of "Miss
+Assumption," as the wits of the day called this measure. Just at this
+juncture the question of the location of the future capital, which had
+been debated inconclusively during the first session, was revived. Here
+again the North was arrayed against the South. Should the capital be
+located on the Potomac, as Maryland and the Southern States wished, or
+somewhere in Pennsylvania? New York was now out of the question, and
+since Pennsylvania would not support assumption, the New England States
+rather spitefully opposed the claims of Philadelphia.</p>
+
+<p>Here was a situation which called for the <i>finesse</i><span class='pagenum'><a name="Page_61" id="Page_61">[Pg 61]</a></span> of the politician.
+Might not votes for one project be traded for the other? Would the
+Virginia representatives abandon their opposition to assumption for the
+sake of locating the capital on the banks of the Potomac? It was at this
+juncture that Hamilton sought out Jefferson, whose influence over the
+Congressmen from Virginia was very considerable, and laid the project
+before him. With a readiness which he afterward regretted, Jefferson
+fell in with the scheme, and invited Hamilton and certain Virginia
+Representatives to dine at his table. In this comfortable fashion, over
+their wine, these gentlemen reached an amicable agreement. Such is
+Jefferson's account, but the matter could not have been quite so simple,
+for other Representatives than those from Virginia changed their votes
+and so contributed to the final settlement of the controversy. Nor is
+Jefferson quite ingenuous when he afterward described himself as duped
+by Hamilton, for he had not shown himself averse to assumption at any
+time. Be this as it may, Congress voted to assume the debts of the
+States, and to remove the seat of government from Philadelphia after ten
+years to a district ten miles square on the Potomac, which Washington
+was to select.</p>
+
+<p>The need of further revenue was now imperative. As Hamilton said in his
+second report on the public credit, the duties on imported articles had
+reached a point which might not be exceeded "without contravening the
+sense of the body of the merchants." When Congress met for its third
+session in December, 1790, Hamilton boldly urged what was perhaps as
+unpopular a tax as he could have proposed&mdash;a<span class='pagenum'><a name="Page_62" id="Page_62">[Pg 62]</a></span> duty on distilled spirits.
+To most Americans an excise was not only an internal tax, but as
+Jefferson said, "an infernal one." It was bound to fall with heavy
+weight upon the people of the interior who turned much of their corn and
+rye into whiskey, for more convenient transportation over the mountains
+to Eastern markets. But despite strenuous opposition the excise was
+voted. It was, as a member of Congress expressed it, like "drinking down
+the national debt."</p>
+
+<p>In this same report of December 13, 1790, Hamilton advocated the
+establishment of a national bank. Such an institution, he believed,
+would increase the amount of active capital in the country and at the
+same time serve the Government as a fiscal agent in obtaining loans and
+in collecting taxes. Opposition to this project gathered rapidly and was
+encouraged by the Secretary of State. The debates in Congress touched
+upon the monopolistic tendency of such a banking institution and its
+constitutionality, rather than upon its intrinsic merits and demerits.
+The bill was carried by substantial majorities in February, 1791, and
+sent to the President for his approval.</p>
+
+<p>Washington was so beset with doubts as to the constitutionality of the
+bank bill that he asked his secretaries and the Attorney-General to
+express their opinions. Jefferson argued that the power to incorporate a
+bank was not given by the Constitution to Congress, for it was not among
+the enumerated powers and it was not a power which belonged to any of
+the enumerated powers as indispensably<span class='pagenum'><a name="Page_63" id="Page_63">[Pg 63]</a></span> necessary to their exercise.
+Hamilton deprecated this attempt to confine the general Government
+either to powers expressly granted or to powers absolutely necessary to
+carry out the enumerated powers. There was another class, he contended,
+which might be termed "resulting" powers. If the end to be gained by a
+measure was comprehended within the specified powers, and the measure
+was obviously a means to that end and not forbidden by the Constitution,
+then it was clearly within the compass of the national authority.
+Washington finally yielded to Hamilton's persuasions, and signed the
+bill.</p>
+
+<p>The charter of the bank fixed the capital stock at ten million dollars,
+of which the Government was to subscribe one fifth; the rest was open to
+public subscription. Three fourths of the public subscriptions might be
+paid in bonds of the Government. The notes issued by the bank were made
+receivable for all payments to the United States. The bank was to be the
+repository of the government funds. Its management was committed to a
+board of twenty-five directors chosen annually, who could establish
+branch banks as they deemed advisable. The charter was to run for twenty
+years.</p>
+
+<p>The stock of the bank was not only subscribed at once, but soon sold at
+a premium which invited the wildest sort of speculation in Philadelphia,
+New York, and Boston. Stock-jobbing became a mania. "The coffee house is
+in an eternal buzz with the gamblers," Madison wrote from the seat of
+government. Sinister aspects of this speculative craze soon began to
+appear. "Of all the shameful circumstances<span class='pagenum'><a name="Page_64" id="Page_64">[Pg 64]</a></span> of this business," said
+Madison, "it is among the greatest to see the members of the Legislature
+who were most active in pushing this job openly grasping its
+emoluments." It was reported that Schuyler, Hamilton's father-in-law,
+was to head the board of directors.</p>
+
+<p>As the wide reach of Hamilton's financial policy became clear, men like
+Madison, whose sympathies had hitherto been enlisted on the side of more
+efficient government, had grave misgivings. When the Secretary of the
+Treasury intimated in his report on manufactures that Congress might
+promote the general welfare by appropriating money in any way it chose,
+Madison definitely parted company with his former collaborator, holding
+that by such an interpretation of the Constitution "the Government is no
+longer a limited one possessing enumerated powers, but an indefinite
+one, subject to particular restrictions." Jefferson had already
+expressed himself in a similar way apropos of the bank bill. The
+suspicions which the Secretary of State entertained of his brilliant
+colleague were deep-seated. Hamilton's well-known preference for the
+British Constitution and his disposition to convert his secretaryship
+into a sort of chief ministerial office confirmed Jefferson's distrust.
+Had he and Madison been alone in their suspicions, their misgivings
+would not be worth recording; but they voiced the sentiments of an
+increasing number of men who disliked the consolidating tendencies of
+the new Government.</p>
+
+<p>Moreover, the aristocratic tone of Washington and his <i>entourage</i> gave
+deep offense. Both by disposition<span class='pagenum'><a name="Page_65" id="Page_65">[Pg 65]</a></span> and by calculation the President
+cultivated a certain official etiquette. His receptions were formal to
+the point of frigidity. He received his visitors "with a dignified bow,
+while his hands were so disposed as to indicate that the salutation was
+not to be accompanied with shaking hands." His figure clad in black
+velvet was most impressive. His hair was powdered and gathered in a
+large silk bag. His hands were dressed in yellow gloves, and he carried
+a cocked hat adorned with a black feather, while at his side hung a
+sword in a scabbard of white polished leather. To ardent republicans
+these trappings were so many manifestations of monarchical leanings.
+Hamilton's suggestion that coins should bear the head of the President
+under whom they were minted, was additional evidence to suspicious minds
+that the group of men who had the President's ear were monarchists at
+heart.</p>
+
+<p>Before the First Congress adjourned, the nucleus of a new party was at
+hand and its fundamental tenet roughly foreshadowed: namely, opposition
+to the increase of the powers of the Federal Government through the use
+of implied powers and at the expense of the State Governments. The
+appearance of the first number of the <i>National Gazette</i> under the
+editorship of Philip Freneau was a sign that the further conduct of the
+Administration would be subjected to searching criticism. Freneau
+succeeded admirably in voicing the opinions of the nascent party. The
+columns of the <i>National Gazette</i> had much to say about "aristocratic
+juntos," "ministerial systems," and "the control of the government by a<span class='pagenum'><a name="Page_66" id="Page_66">[Pg 66]</a></span>
+wealthy body of capitalists and public creditors," whose interests were
+in opposition to those of the people. When Hamilton's paper, the <i>United
+States Gazette</i>, attempted to stigmatize the opposition as essentially
+Anti-Federalist, Freneau replied that only those men were true friends
+of the Union who adhered to a limited and republican form of government
+and who were ready to resist the efforts which had been made "to
+substitute, in the room of our equal republic, a baneful monarchy." By
+posing as the only stanch supporters of republicanism, the opposition
+secured a great tactical advantage. To call one's self emphatically a
+Republican was to cast aspersions upon the republicanism of one's
+opponents.</p>
+
+<p>As yet, however, there existed only tendencies toward parties and not
+clearly defined political groups. The voting in the early sessions of
+Congress was far from consistent. The members gave little indication
+that they regarded themselves as adherents of parties whose fortunes
+depended on preserving an unbroken alignment for or against the
+Government. How little coherence the opposition possessed was apparent
+when Giles, of Virginia, presented a resolution censuring Hamilton for
+his management of the Treasury. Despite the unpopularity of Hamilton and
+the general distrust of his policy in Republican circles, the opposition
+could muster only seven votes in favor of the resolution, in the closing
+hours of the Second Congress.</p>
+
+<p>The presidential election of 1792, therefore, was not properly a contest
+between parties. When Washington consented reluctantly to serve a second
+term,<span class='pagenum'><a name="Page_67" id="Page_67">[Pg 67]</a></span> his unopposed re&euml;lection was assured. The Republicans expressed
+their opposition only by supporting for Vice-President, George Clinton,
+of New York, whose Anti-Federalism was well known, instead of John
+Adams, of Massachusetts. The congressional elections of this year
+resulted in the choice of men whose leanings were rather Republican than
+Federalist.</p>
+
+
+<p class="subhead2">BIBLIOGRAPHICAL NOTE</p>
+
+<div class="blockquot"><p>Besides the works of Hildreth and of McMaster, there are several
+compendious histories which treat of the beginnings of the new
+government. Among these are James Schouler, <i>History of the United
+States under the Constitution</i> (7 vols., 1880-1913), and E. M.
+Avery, <i>History of the United States and its People from their
+Earliest Records to the Present Time</i> (7 vols., 1904-&nbsp;). The events
+of the Administrations of Washington and Adams are narrated by J.
+S. Bassett, <i>The Federalist System</i> (in <i>The American Nation</i>,
+vol. 11, 1906). Among the special studies of importance are D. R.
+Dewey, <i>Financial History of the United States</i> (1903); C. R.
+Fish, <i>The Civil Service and the Patronage</i> (1905); H. B. Learned,
+<i>The President's Cabinet</i> (1912); and W. W. Willoughby, <i>The
+Supreme Court of the United States</i> (1890). There are many
+biographies of the Federalist leaders. Among the best are W. C.
+Ford, <i>George Washington</i> (2 vols., 1900); W. G. Sumner,
+<i>Alexander Hamilton</i> (1890); F. S. Oliver, <i>Alexander Hamilton; an
+Essay on American Union</i> (1907); J. T. Morse, <i>John Adams</i> (1885);
+W. G. Brown, <i>Life of Oliver Ellsworth</i> (1905). Of contemporary
+writings none will give a more intimate view of politics than
+Senator William Maclay's <i>Journal</i> (1890). William Sullivan,
+<i>Familiar Letters on Public Characters</i> (1834), gives some lively
+sketches of notable figures, but he writes with a strong
+Federalist bias.</p></div>
+
+
+
+<hr style="width: 65%;" />
+<p><span class='pagenum'><a name="Page_68" id="Page_68">[Pg 68]</a></span></p>
+<p class="subhead1"><a name="CHAPTER_IV" id="CHAPTER_IV"></a>CHAPTER IV</p>
+
+<p class="subhead2">THE TESTING OF THE NEW GOVERNMENT</p>
+
+
+<p>The new Government fell heir to all the unsettled diplomatic problems of
+the Confederation. The political destiny of the thirteen States seemed
+fixed when they ratified the Constitution; the fate of the Western
+communities beyond the Alleghanies still hung in the balance. In
+Kentucky, General Wilkinson still intrigued in behalf of Spain. Sevier
+and Robertson, in Tennessee, were not averse to separation from the
+Eastern States nor to a Spanish protectorate. From New Orleans, Mobile,
+St. Marks, and Pensacola, the Spanish authorities supplied the Indians
+of the Southwest with arms and ammunition, counting on these uncertain
+allies to maintain their long frontier, for Spain still claimed Florida
+with its most northern boundary and refused to accept the validity of
+the British cession of 1783. More than this: Spain was disposed to claim
+both sides of the Mississippi, at least as far north as the Ohio.</p>
+
+<p>In the Northwest, British garrisons still held Michilimackinac, Detroit,
+Niagara, Oswego, and other posts. The policy of Great Britain was
+dictated by much the same considerations as was that of Spain. Lord
+Dorchester, Governor of Canada, assured the home Government that "the
+flimsy texture of republican government" could not long hold the Western
+settlements in the Union. In 1789, the Lords of<span class='pagenum'><a name="Page_69" id="Page_69">[Pg 69]</a></span> Trade reported that it
+was a matter of interest for Great Britain "to prevent Vermont and
+Kentucke, and all other settlements now forming in the Interior parts of
+the great Continent of North America, from becoming dependent upon the
+Government of the United States, or of any other Foreign Country, and to
+preserve them on the contrary in a State of Independence and to induce
+them to form Treaties of Commerce and Friendship with Great Britain."</p>
+
+<p>President Washington had hardly taken the oath of office when a war
+cloud appeared on the western horizon. Certain British vessels, bound
+for Nootka Sound to establish a trading-post, were seized by Spanish
+authorities in a way which provoked bitter resentment. In the early
+months of 1790, war seemed imminent. The situation was full of peril for
+the United States, for war would inevitably bring about military
+operations directed against Florida and Louisiana, and neither party was
+likely to respect the neutrality of the United States. The prospect of a
+conquest of the Spanish colonies by Great Britain alarmed the
+Administration. "Embraced from the St. Croix to the St. Mary's on the
+one side by their possessions, on the other side by their fleet," wrote
+Jefferson, "we need not hesitate to say that they would soon find means
+to unite to them all the territory covered by the ramifications of the
+Mississippi." Representations were therefore made to the British
+Government that "a due balance on our borders is not less desirable to
+us than a balance of power in Europe has always appeared to them."</p>
+
+<p>Fortunately the war cloud vanished as rapidly as<span class='pagenum'><a name="Page_70" id="Page_70">[Pg 70]</a></span> it had formed. In the
+fall of 1790, Spain and England entered into a convention which averted
+hostilities. Yet the situation on both flanks of our long frontier was
+full of peril. Spain intrigued with the Creeks of the Southwest, while
+the British authorities in Canada encouraged the Indians north of the
+Ohio in their hostility to the white settlers. The attitude of the
+Indians along the Maumee and Wabash Rivers was so menacing that Governor
+St. Clair sent a punitive expedition against them; but the effect upon
+the Indians was so slight that a second expedition was set on foot in
+the following year. With a force of fourteen hundred raw recruits,
+unused to Indian warfare, St. Clair marched into the heart of the Indian
+country and suffered an inglorious defeat, on November 4, 1791. More
+than half of his command were killed, and scarcely a man escaped
+unscathed. It was a most humiliating reverse for the new Government,
+occurring almost under the eyes of British garrisons, and just as
+opposition was coming to a head in Congress.</p>
+
+<p>While two European powers were thus poised like vultures awaiting the
+demise of the new republic, a third darkened the sky. France deemed the
+moment auspicious for an attack upon the colonial possessions of her
+late ally, the King of Spain. The South American revolutionist, Miranda,
+had persuaded the French Ministry, as he had before persuaded Pitt, that
+the Spanish colonial empire was tottering and would readily fall with
+its rich spoil at the first resolute attack. The French Ministers were
+dazzled by the prospect of reviving a colonial empire in the new<span class='pagenum'><a name="Page_71" id="Page_71">[Pg 71]</a></span> world.
+It seemed well within the range of possibilities to reduce Louisiana,
+and from the mouth of the Mississippi to begin the conquest of Spanish
+Central and Southern America. With this purpose in view, the Government
+sent as Minister to the United States, Citizen Genet, an ardent apostle
+of the Revolution. He was instructed to secure a treaty with the United
+States&mdash;"a true family compact"&mdash;which "would conduce rapidly to freeing
+Spanish America, to opening the navigation of the Mississippi<span class='pagenum'><a name="Page_72" id="Page_72">[Pg 72]</a></span> to the
+inhabitants of Kentucky, to delivering our ancient brothers of Louisiana
+from the tyrannical yoke of Spain, and perhaps to uniting the fair star
+of Canada to the American constellation." But without waiting for the
+co&ouml;peration of the United States, Genet was to arouse the people of
+Kentucky and Louisiana by sending among them agents who should light the
+fires of revolution.</p>
+
+<div class="figcenter" style="width: 650px;">
+<a name="il8" id="il8"></a>
+<img src="images/i8.jpg" width="650" height="703" alt="The Northwest 1785-1795" title="" />
+</div>
+
+<p>The first news of the revolution in France had kindled the warmest
+sympathy in the United States. Emotional individuals thought they saw
+the events of our own revolution mirrored in the stirring drama in
+France. The spectacle of the new republic confronting the allied
+monarchs of Europe thrilled those who had battled with the hirelings of
+George the Third. Civic feasts became the fashion; liberty caps and
+French cockades were donned; "the social and soul-warming term Citizen"
+was adopted by the more demonstrative. But there were those who did not
+sing "&Ccedil;a Ira" and who foresaw the peril of a general European war.</p>
+
+<p>Early in April, 1793, a British packet brought the news to New York that
+Louis XVI had been guillotined and that France was at war with England
+and Spain. The ominous tidings brought President Washington post-haste
+from Mount Vernon to Philadelphia. Summoning his advisers, he put before
+them the perplexing questions which had arisen in his mind. Neutrality
+was obviously the policy which national self-interest dictated; but
+neutrality seemed hardly compatible with our treaty obligations to
+France. In the treaties of 1778, the United<span class='pagenum'><a name="Page_73" id="Page_73">[Pg 73]</a></span> States had expressly
+guaranteed French possessions in America and had opened its ports to
+French privateers and their prizes, denying the privilege to her
+enemies. Hamilton argued rather fallaciously that these treaties were
+made by the King of France and were binding upon his successors alone;
+they were not in force after the Revolutionary Government had destroyed
+the monarchy. Furthermore, the guaranty did not apply to an offensive
+war such as that which France was now waging. Jefferson and Randolph
+took issue with Hamilton on these points; but all agreed that neutrality
+must be preserved. On April 22, the President issued a proclamation,
+which, avoiding the word "neutrality," declared that the United States
+was at peace with both France and Great Britain, and warned all citizens
+to avoid all acts of hostility.</p>
+
+<p>The proclamation was well-timed, for Genet had already landed at
+Charleston and had begun his extraordinary career as revolutionary agent
+of the Gironde. He found the ground well watered for the seeds of
+revolution. In Georgia and South Carolina, the frontiersmen were
+smarting under the repeated depredations of the Cherokees and Creeks and
+eager to put an end to Spanish ascendancy in that quarter. Under these
+circumstances it was no difficult matter to arrange for expeditions
+against St. Augustine from the Georgia frontier, and against New Orleans
+from South Carolina by way of the Tennessee River and the Mississippi.
+Assuming that the United States was already enlisted in the cause by the
+treaties of 1778, Genet sent out orders to French consuls, bidding<span class='pagenum'><a name="Page_74" id="Page_74">[Pg 74]</a></span> them
+set up courts of admiralty for the trial of prize cases, and even
+dispatched privateers from the port of Charleston to prey upon British
+vessels. Before Genet could reach Philadelphia, the French frigate
+L'Ambuscade had captured the Little Sarah in lower Delaware Bay, and had
+anchored with her prize in the river opposite the city.</p>
+
+<p>From Charleston, Genet made a triumphal progress to Philadelphia,
+receiving on all sides demonstrations which convinced him that the heart
+of the nation beat in unison with that of France. He was therefore much
+disconcerted and angered by the studied reserve of the President, to
+whom he presented his credentials in Philadelphia. What a contrast
+between the liberty-loving populace and this haughty aristocrat who kept
+medallions of Capet and his family upon his parlor walls! At a banquet
+in Oeller's Tavern, however, Genet received the sort of demonstrations
+which his French heart craved. There, amid poetic declamations and many
+libations to the Goddess of Liberty, he and his hosts donned the crimson
+cap of liberty and sang with infinite zest the new "Marseillaise." Even
+a well-balanced mind might have become convinced that the Administration
+and the people were out of accord.</p>
+
+<p>On the threshold of his career at Philadelphia, Genet demanded an
+advance payment on the debt which the United States owed to France. The
+refusal of the Administration to supply him with funds embittered him
+still further. He now took up with vigor his revolutionary projects in
+the West. The proposal of George Rogers Clark to raise a force and take
+all<span class='pagenum'><a name="Page_75" id="Page_75">[Pg 75]</a></span> Louisiana for France reached him at this time and fitted in well
+with his general mission. Clark was given a commission as "Major General
+of the Independent and Revolutionary Legion of the Mississippi," and was
+promised the co&ouml;peration of frigates in his attack upon New Orleans. For
+this purpose Genet made haste to transform the Little Sarah into a
+privateer, under the very eyes of the Government. He was warned that he
+must not allow La Petite Democrate, as the vessel was rechristened, to
+put to sea. Nevertheless, in defiance of the state and federal
+authorities, the ship dropped down the bay and eventually put out to
+sea.</p>
+
+<p>Up to this moment Genet's popularity was immense. Very probably this
+popular devotion to the cause of France was inspired in part by the
+factious opposition which was irritating the Administration on purely
+domestic issues. Nevertheless, Liberty, Equality, and the Rights of Man
+were phrases which appealed cogently to the democratic masses in the
+States. In imitation of the Jacobin Club, Democratic societies sprang up
+in all the considerable centers of population from Boston to Charleston.
+In these organizations the voice of the disfranchised classes was
+articulate for the first time. With unprecedented virulence these
+Democrats attacked not only policies but personalities. Washington was
+libeled in such scurrilous fashion that even his composure broke down on
+one occasion, so Jefferson records; and he declared in a passion that by
+God! he had rather be in his grave than in his present situation.</p>
+
+<p>After the Little Democrat episode, however, popular<span class='pagenum'><a name="Page_76" id="Page_76">[Pg 76]</a></span> sentiment began to
+grow cold toward Genet. His plans failed to carry; and he was reported
+to have exclaimed in a moment of irritation that he would appeal from
+the President to the people. This was the last straw. All but his most
+radical followers deserted him. The Administration now determined to
+demand his recall. But events in France had already terminated Genet's
+career. The Girondist party had fallen and the triumphant Jacobins had
+no use for an agent who had served the discredited faction. In February,
+1794, Genet was replaced by Fauchet and his revolutionary mission ended
+with his official duties.</p>
+
+<p>From the moment when France declared war upon Great Britain to the exile
+of Napoleon two decades later, the United States as a neutral nation was
+incessantly menaced by the aggressions of one or the other of the
+belligerents. A faithful picture of American politics must set the
+stirring events of this epoch against the forbidding background of
+European intrigue and war. In this struggle the supremacy of the seas
+fell to Great Britain. However victorious on European battlefields,
+French armies were powerless to defend the colonial possessions in the
+West Indies. Cut off from France the colonies could only maintain
+themselves by direct trade with neutrals like the United States. But by
+the so-called rule of 1756, neutral commerce was forbidden under these
+conditions. Ports closed to neutral commerce in time of peace might not
+be thrown open in time of war. Flinging consistency to the winds, the
+French Convention decreed in February, 1793, that neutral states might
+trade with her colonies on the<span class='pagenum'><a name="Page_77" id="Page_77">[Pg 77]</a></span> same terms as French vessels. That Great
+Britain would refuse to sanction this trade was fully expected. It was
+inevitable that Great Britain would treat neutrals who accepted the
+French invitation as having forfeited their neutrality.</p>
+
+<p>With little or no thought of probable consequences, fleets of
+merchantmen set sail from Boston, Philadelphia, and other ports in the
+spring of the year, with cargoes of fish and grain to barter for sugar,
+coffee, and rum at Martinique, Antigua, and St. Kitts. The traffic
+promised to be most lucrative. But disaster overtook many a gallant
+vessel before she could reach her destination. In June, British orders
+in council instructed English cruisers to detain all vessels bound for a
+French port with corn, flour, and meal, and to purchase such supplies as
+were needed. Such vessels were then to be allowed to proceed to any port
+of a state with which His Majesty was living in amity. The skipper who
+had anything worth taking to a foreign port after an experience of this
+sort was lucky indeed. In November orders were issued for the seizure of
+all vessels laden with French colonial products or carrying provisions
+to any French colony.</p>
+
+<p>Tales of outrages perpetrated under the British orders in council soon
+began to reach the home ports of the West India merchantmen. Doubtless
+these tales lost nothing in the telling, but the unimpeachable fact
+remains that scores of American ships were seized and libeled in
+admiralty courts set up in the British West Indies. Nor did the British
+naval officers hesitate to impress seamen who were suspected<span class='pagenum'><a name="Page_78" id="Page_78">[Pg 78]</a></span> of being
+British subjects. Republican opponents of the Administration, who had
+felt the proclamation of neutrality as a rebuff to our old ally, France,
+were now confirmed in their hostility to Great Britain. To their minds
+ample cause for war existed.</p>
+
+<p>The policy which Jefferson and Madison would have forced upon the
+Administration was one of retaliation. In a report to Congress Jefferson
+proposed that whenever our commerce was laid under restrictions by a
+foreign nation, similar restrictions should be put upon the trade of the
+offending state. By pacific coercion, the United States would oblige
+foreign states to make favorable commercial treaties. Madison urged this
+policy upon Congress in a series of resolutions; but the supporters of
+the Administration pointed out that retaliatory measures would sacrifice
+the trade with Great Britain, which furnished seven eighths of the total
+imports into the country. It was plain that the mercantile classes which
+upheld the Administration did not desire either war or retaliatory
+legislation, however much they might be suffering from British
+depredations. The resources of diplomacy were not yet exhausted. Might
+not a treaty be secured which would open up the British West India
+trade?</p>
+
+<p>Upon the news of the offensive orders in council of November, which
+reached Philadelphia in the following March, public feeling veered
+strongly toward war. At the same time with tales of new outrages at sea
+came a not very well authenticated but commonly accepted report of Lord
+Dorchester's speech<span class='pagenum'><a name="Page_79" id="Page_79">[Pg 79]</a></span> to the Indians of the Northwest, in which he
+assured his dusky hearers that war was imminent between his country and
+the United States. Congress now began to prepare for the inevitable.
+Appropriations were made for the fortification of harbors and the
+collection of military stores. The depredations of the Algerine pirates
+in the Mediterranean gave excuse for the building of six frigates. An
+embargo was laid upon commerce for thirty days and then extended over
+another thirty days. Dayton, of New Jersey, alarmed the administration
+party by proposing the sequestration of all British debts as an
+indemnity for the vessels which had been seized by British cruisers.</p>
+
+<p>A rift now appeared in the war cloud. Early in April, Washington
+received intelligence of a new order in council dated January 8, 1794,
+which only forbade trade between the French colonies and Europe, leaving
+American vessels to trade freely with the French West Indies. Washington
+seized the opportune moment to test the resources of diplomacy. On April
+16, he sent to the Senate the nomination of Chief Justice John Jay as
+Envoy Extraordinary to the Court of St. James. Three days later the
+nomination was confirmed, and by the middle of May, Jay was on his way
+to England upon the most difficult mission of his diplomatic career.</p>
+
+<p>While Jay was pressing American grievances upon Lord Grenville, not the
+least of which was the retention of the Western posts by British
+garrisons, events occurred near one of the unsurrendered posts which
+might easily have brought on war. The humiliating<span class='pagenum'><a name="Page_80" id="Page_80">[Pg 80]</a></span> defeat of St. Clair
+in 1791 had left the settlers beyond the Ohio at the mercy of the
+Indians. British authorities in Canada encouraged the Indians to believe
+that by combination they could check the advance of the whites. An
+Indian territory under British protection would have served the purposes
+of Great Britain admirably. To forestall these designs President
+Washington appointed to command in the Northwest Anthony Wayne&mdash;"Mad
+Anthony" of Revolutionary days. With a caution and thoroughness which
+belied his reputation, Wayne spent nearly two years in recruiting and
+drilling an army. Every effort in the mean time to conciliate the
+Indians was made futile by the machinations of their British advisers.
+By the spring of 1794, Wayne had an army sufficiently trustworthy to
+undertake a forward movement. His route lay down the Maumee River, at
+the rapids of which Lieutenant-Governor Simcoe had built a fort and
+stationed a small garrison, in anticipation of an American attack upon
+Detroit, which was supposed to be Wayne's objective. At a place known as
+Fallen Timber, a few miles south of the rapids, on August 18, Wayne
+found the Indians ready to offer battle. They had chosen their ground
+with considerable skill, but Wayne employed his cavalry and infantry so
+effectively that he drove the redskins from cover and pursued them with
+great slaughter almost to the walls of the British fort. The British
+commander demanded an explanation. Wayne replied with a taunt which
+amounted to a challenge and which was probably intended to be such; but
+the British refused<span class='pagenum'><a name="Page_81" id="Page_81">[Pg 81]</a></span> to be drawn into hostilities. Had Wayne attacked
+and dispersed the British garrison, he would hardly stand condemned at
+the bar of history, for by the Treaty of Paris not he, but the British
+commander, was the intruder on foreign soil. Nevertheless, war at this
+time would have made Jay's mission futile and might have sacrificed the
+whole Mississippi Valley.</p>
+
+<p>The Administration had hardly time to applaud Wayne's victory when it
+was greatly perturbed by an insurrectionary movement in western
+Pennsylvania. The sturdy Scotch-Irish people of the southwestern
+counties beyond the mountains had always felt their aloofness from the
+eastern counties. They were now still further disaffected because of the
+federal tax on spirituous liquors. They shared the feeling of the
+Continental Congress, which in 1774 had declared an excise "the horror
+of all free states." Even before the incidence of the tax was fully
+felt, protests were drafted at mass-meetings and federal collectors were
+roughly treated. The tax fell with heavy weight upon the small farmer.
+Whiskey was not merely his chief marketable commodity: it was also his
+medium of exchange when money was scarce. A tax on his still seemed to
+be an unfair discrimination. Such was the pitch of public feeling in the
+year 1793 that farmers who complied with the law had their stills
+wrecked by masked men, popularly known as "Whiskey Boys."</p>
+
+<p>Early in July, 1794, the marshal of the district court of Philadelphia
+attempted to serve writs against distillers in the western counties who
+were charged<span class='pagenum'><a name="Page_82" id="Page_82">[Pg 82]</a></span> with breaking the law. He chose his time unwisely, for the
+farmers were in the midst of harvesting, and liquor was circulating
+freely among the laborers. In serving his last writ, he was threatened
+by a number of reapers. This was the spark needed to start a
+conflagration. On the next morning the house of a revenue inspector,
+Neville, was attacked and blood was shed. A small detachment of soldiers
+from Fort Pitt was stationed at the house; but on the following day they
+were fired upon and forced to surrender, and the house of the inspector
+was burned. The marshal and the inspector fled the country. Matters went
+from bad to worse. The mail was robbed; the militia was summoned to meet
+at Braddock's Field for the avowed purpose of attacking the garrison at
+Fort Pitt; but there the courage of the leaders evaporated. The attack
+upon the garrison was commuted into a boisterous march through the
+streets of Pittsburg, whose citizens purchased immunity by liberal
+donations of whiskey to the thirsty rioters.</p>
+
+<p>On August 7, 1794, the President issued a proclamation commanding the
+insurgents to disperse, and summoned twelve thousand militia from the
+adjoining States to hold themselves in readiness for active service on
+the 1st of September. Meanwhile, earnestly desiring to avoid the use of
+force, Washington sent three commissioners to the scene of the riots in
+the hope of appealing to the sober sense of the people. They held
+protracted negotiations with representatives of the people in the
+disaffected district, but were unable to persuade them to deliver up the
+ringleaders of the revolt. On September 24,<span class='pagenum'><a name="Page_83" id="Page_83">[Pg 83]</a></span> the President issued a
+second proclamation and set the troops in motion. Under the command of
+"Light Horse Harry" Lee, now Governor of Virginia, the army marched west
+in two divisions, but encountered no resistance. Many arrests were made
+and eighteen alleged leaders of the insurrection were sent to
+Philadelphia for trial. Only two of these, however, were convicted of
+treasonable conduct, and they were pardoned by the President. Some
+twenty-five hundred troops were quartered near Pittsburg for the winter;
+but rebellion did not again lift its head.</p>
+
+<p>The utter collapse of the Whiskey Rebellion made the whole affair seem
+ridiculous to those who gathered in the coffee-houses to hear the tales
+of the militiamen but the importance of the episode was not slight.
+Hamilton is said to have remarked on one occasion that a government can
+never be said to be established "until some signal display of force has
+manifested its power of military coercion." The Federal Government had
+now demonstrated that it was equal to the emergency whenever the laws
+were opposed by combinations too powerful to be suppressed by the
+ordinary course of judicial proceedings or by the powers vested in the
+marshals by law. The days of Shays' Rebellion had gone, never to return.</p>
+
+<p>There was an aspect of the insurrection which Washington did not fail to
+note in his annual address to Congress in November, 1794. The Democratic
+clubs had been unsparing in their condemnation of the excise law, and
+their resolutions had more than once a treasonable sound. Washington did
+not hesitate to deprecate the untoward influence of these<span class='pagenum'><a name="Page_84" id="Page_84">[Pg 84]</a></span> "self-created
+societies" and to condemn those "combinations of men, who, careless of
+consequences, and disregarding the unerring truth that those who rouse
+cannot always appease a civil convulsion, have disseminated, from an
+ignorance or perversion of facts, suspicions, jealousies, and
+accusations of the whole Government." The Democratic societies now fell
+into disrepute and did not long survive their great prototype, the
+Jacobin Club of Paris.</p>
+
+<p>Although Jay had presented his credentials in June, 1794, it was the
+19th of November before a treaty was signed; and it was not until the
+8th of June, 1795, that Washington could send an authentic copy to the
+Senate. The most dispassionate member of that body must have confessed
+privately to a sense of disappointment as he heard the terms for the
+first time. Listening intently for the redress of grievances, he seemed
+to hear only concessions. The United States was to assume the debts
+still unpaid to British merchants since the peace, so far as "lawful
+impediments" had been put in the way of their collection; to open all
+ports to British ships on the footing of the most favored nation; and to
+make restitution for losses and damages to the property of British
+subjects occasioned by French privateers in American waters, whenever
+compensation could not be obtained in the ordinary course of justice.
+And for all these concessions what had been gained? The promise to
+evacuate the Western posts? That was but a tardy redemption of an old
+promise. No mention was made of the negroes carried away by British
+armies during the war. Nothing was said<span class='pagenum'><a name="Page_85" id="Page_85">[Pg 85]</a></span> about the impressment of
+American seamen. To be sure, the ports of the East Indies were to be
+opened to direct commerce with the United States; but no American vessel
+might engage in the coasting trade of these East India dependencies. As
+for the West India trade, only vessels of seventy tons burden might
+participate, and even that concession was yielded on the express
+understanding that molasses, sugar, coffee, cocoa, and cotton should not
+be exported from the United States to any part of the world. After
+hearing this obnoxious twelfth article, few Senators could preserve a
+fair mind on the remaining provisions of the treaty.</p>
+
+<p>The historian is in a better position to evaluate the treaty. To the
+cause of international arbitration, Jay and Grenville made a distinct
+contribution. They provided for three commissions which were to settle
+the uncertain boundaries of the United States on the northeast and
+northwest; to adjudicate the claims of British creditors; and to adjust
+the claims of those citizens of the United States whose ships and
+cargoes had been seized in the West India trade, and on the other hand,
+the claims of those British subjects who had suffered losses through
+French privateers in American waters. Moreover, an agreement was reached
+on what should in future be regarded as contraband, and on the treatment
+of vessels which should be captured on suspicion of carrying enemies'
+property or contraband.</p>
+
+<p>There were two cogent reasons for ratifying the treaty despite its
+defects: it provided for indemnity in respect to recent seizures on the
+high seas; and it<span class='pagenum'><a name="Page_86" id="Page_86">[Pg 86]</a></span> averted war. But no arguments could justify the
+surrender of American trade in the West Indies, to the minds of either
+the New England shipper or the Southern planter, for while the latter
+might be indifferent to other considerations, he would not willingly
+part with his right to ship his cotton crop, now becoming every year
+more valuable. The requisite two-thirds vote of the Senate was secured
+only by dropping out altogether the objectionable twelfth article.</p>
+
+<p>The publication of the treaty was followed by an outburst of popular
+indignation which made even the President wince. Remonstrances and
+protests poured in upon him from every part of the Union. The sailors
+and shipowners of Portsmouth burned Jay and Grenville in effigy,
+together with a miniature ship of seventy tons. In Charleston, the flags
+were put at half-mast and the public hangman burned copies of the treaty
+in the open street. While remonstrating with a disorderly crowd in Wall
+Street which was vilifying Jay, Hamilton was stoned and forced to give
+way with the blood streaming down his face. Personal abuse of the
+coarsest kind was heaped upon Washington by the opposition press, while
+a host of pamphleteers assailed him under cover of anonymity. Congress
+expressed its hostility toward the President by omitting to congratulate
+him on his birthday.</p>
+
+<p>In the face of this denunciation, Washington might well have hesitated
+to press the ratification of the amended treaty upon Great Britain. His
+perplexities were further increased by the tidings that<span class='pagenum'><a name="Page_87" id="Page_87">[Pg 87]</a></span> the Ministry
+had renewed the earlier orders for the seizure of provisions on neutral
+vessels bound for French ports. Hamilton was of the opinion that the
+President should insist upon the withdrawal of this order in council and
+upon the acceptance of the Senate amendment before he ratified the
+treaty. The delicate task of securing the consent of Great Britain to
+these conditions was entrusted to John Quincy Adams, then Minister at
+The Hague.</p>
+
+<p>Meanwhile the skies cleared in the Northwest. Wayne's punitive
+expedition had done its work. With their towns destroyed and their crops
+ruined, the Indians had passed a terrible winter. By the following
+summer they were ready to sue for peace. In a great council at
+Greenville, on August 4, 1795, they agreed to a treaty which ceded to
+the United States all the region south and east of a line running from
+the intersection of the Kentucky and Ohio Rivers to Lake Erie. Only one
+thing was needed to secure the Northwest and that was the evacuation of
+the British posts.</p>
+
+<p>During this same summer, Thomas Pinckney, at the Court of Madrid, was
+trying to secure the liberation of the Southwest from the control of
+Spain. On October 27, 1795, the treaty of San Lorenzo was signed, which
+conceded the thirty-first parallel as the northern boundary of West
+Florida from the Mississippi to the Apalachicola. This was in itself a
+notable achievement; but even more important to the people of the
+Western world was the declaration that the Mississippi River should be
+open to their commerce with the right of deposit at New Orleans.<span class='pagenum'><a name="Page_88" id="Page_88">[Pg 88]</a></span></p>
+
+<p>The mission of Adams at the Court of St. James was not less successful.
+The Ministry agreed to modify the objectionable order in council and to
+accept the treaty without the twelfth article. With a deep sense of
+relief Washington promulgated the treaty as the law of the land on
+February 27, 1795. With these three treaties of 1795, not only was war
+averted, but our slender hold upon the vast tract between the
+Alleghanies and the Mississippi immeasurably strengthened, if not
+secured for all time.</p>
+
+
+<p class="subhead2">BIBLIOGRAPHICAL NOTE</p>
+
+<div class="blockquot"><p>The attitude of historical writers toward the events recorded in
+this chapter has been considerably altered since the publication
+of a series of articles by F. J. Turner. The more important of
+these contributions are: "The Origin of Genet's Projected Attack
+on Louisiana and the Floridas" (<i>American Historical Review</i>,
+<span class="smcap">III</span>); "The Policy of France toward the Mississippi Valley"
+(<i>Ibid.</i>, <span class="smcap">X</span>); and "The Diplomatic Contest for the Mississippi
+Valley" (<i>Atlantic Monthly</i>, <span class="smcap">XCIII</span>). Nearly all the authorities
+cited in the foregoing chapter deal in greater or less detail with
+the diplomatic events of Washington's Administrations. The
+following may be added to the list: Trescott, <i>Diplomatic History
+of the Administrations of Washington and Adams</i> (1857); F. A. Ogg,
+<i>The Opening of the Mississippi</i> (1904); C. D. Hazen,
+<i>Contemporary American Opinion of the French Revolution</i> (1897).
+The story of the expeditions against the Indians of the Northwest
+is told by Roosevelt, <i>Winning of the West</i> (vol. <span class="smcap">IV</span>). A reliable
+account of the Whiskey Insurrection is given in Brackenridge,
+<i>History of the Western Insurrection</i> (1859).</p></div>
+
+
+
+<hr style="width: 65%;" />
+<p><span class='pagenum'><a name="Page_89" id="Page_89">[Pg 89]</a></span></p>
+<p class="subhead1"><a name="CHAPTER_V" id="CHAPTER_V"></a>CHAPTER V</p>
+
+<p class="subhead2">ANGLOMEN AND JACOBINS</p>
+
+
+<p>In January, 1795, Hamilton retired from the Treasury Department. The
+moment was well chosen, for his great creative work was done and signs
+were not wanting that the initiative in finance was about to pass to the
+House of Representatives. As he passed out of office, a young
+Representative from Pennsylvania made his appearance in Congress who was
+scarcely his inferior in quick grasp of the intricacies of public
+finance. Almost the first efforts of Albert Gallatin were directed to
+the improvement of the methods of congressional finance. It was at his
+suggestion that the first standing Committee of Ways and Means in the
+House was appointed, in the expectation that it would assume a general
+superintendence of finance. Believing that the Executive could be held
+in check only by systematic, specific appropriations, Gallatin became an
+insistent advocate of the rule, and in consequence a thorn in the flesh
+of the departments. "The management of the Treasury," complained Wolcott
+to Hamilton, "becomes more and more difficult. The legislature will not
+pass laws in gross. Their appropriations are minute; Gallatin, to whom
+they yield, is evidently intending to break down this department, by
+charging it with an impracticable detail." "The heads of departments,"
+Fisher Ames wrote despondently, two years<span class='pagenum'><a name="Page_90" id="Page_90">[Pg 90]</a></span> after Hamilton left office,
+"are chief clerks. Instead of being the ministry, the organs of the
+executive power, and imparting a kind of momentum to the operation of
+the laws, they are precluded even from communicating with the House by
+reports." There was no room for a British ministry in the Republican
+scheme of politics.</p>
+
+<p>Meantime, Washington's foreign policy had widened the breach between the
+political factions and had forced him into a partisan position. From the
+Republican point of view, Jay's treaty threw the United States into the
+arms of England and gave just cause of offense to France. Knowing the
+popular temper, which was undoubtedly hostile to the treaty, the
+Republican leaders endeavored to defeat the purposes of the
+Administration by refusing to vote the necessary appropriations. Their
+first demand was for the papers relating to the treaty, on the ground
+that in matters upon which the action of the House was needed, that body
+might properly call for information to guide its deliberations. The
+President refused this demand, both because he deemed it imprudent to
+make the papers public, and because he denied the right of the House to
+participate in the treaty-making power.</p>
+
+<p>The debate which followed is one of the most illuminating in the early
+history of Congress. The trend of argument may be suggested by two
+remarks of opposing partisans. Said Griswold for the Federalists, "The
+House of Representatives have nothing to do with the treaty but provide
+for its execution." Disclaiming that the House was bent upon impairing<span class='pagenum'><a name="Page_91" id="Page_91">[Pg 91]</a></span>
+the constitutional right of the President and Senate to make treaties,
+Gallatin contended that the power claimed by the House was "only a
+negative, a restraining power on those subjects over which Congress has
+the right to legislate." In vigorous resolutions the House sustained
+Gallatin's position; and the appropriation for the treaty was carried
+only by the casting vote of the Speaker, on April 29, two months after
+Washington by proclamation had declared the treaty to be the law of the
+land.</p>
+
+<p>The consequences of the <i>rapprochement</i> between the United States and
+Great Britain were far-reaching. The French Minister, Fauchet, urged his
+Government to take immediate steps to acquire a continental colony which
+would not only serve France and her West India colonies as a granary and
+as a market for their exports, but which would also bring pressure to
+bear upon the disaffected border communities of the United States. Such
+a colony was Louisiana. With this province in her possession, a power
+like France would speedily control the Mississippi and the Western
+people who used that highway for their commerce. Throughout the year
+1795, the French Government sought by persuasion and threats to secure
+Louisiana from Spain as the price of an alliance.</p>
+
+<p>How far the Administration was apprised of these designs is not clear;
+but against the background of French intrigue certain passages of
+Washington's Farewell Address take on a new significance. The West was
+warned that it could control "the indispensable outlets for its own
+productions" only by<span class='pagenum'><a name="Page_92" id="Page_92">[Pg 92]</a></span> attaching itself firmly to "the Atlantic side of
+the Union." "Any other tenure ... whether derived from its own separate
+strength, or from an apostate and unnatural connection with any foreign
+power, must be intrinsically precarious." And the admission of Tennessee
+as a State in the year 1796 may have been hastened by an ill-defined
+fear that the people of the West might not be proof against French
+machinations.</p>
+
+<p>The purpose of Washington not to accept a re-election was known to his
+intimates early in the spring of 1796. Upon whom would his mantle fall?
+There was much searching of hearts among Federalist leaders, but by the
+end of the summer it was well understood that Federalist electors would
+support John Adams and Thomas Pinckney for the Presidency and
+Vice-Presidency. The most talented man in the party was unquestionably
+Alexander Hamilton; but Hamilton had made too many enemies to be a
+popular candidate. By common consent, Thomas Jefferson became the
+candidate of the Republicans for President; with him was associated
+Aaron Burr, of New York.</p>
+
+<p>The most remarkable aspect of the campaign of 1796 was the undisguised
+attempt of Adet, who had succeeded Fauchet, to turn the election in
+Jefferson's favor. The treaty with England could not be undone; but
+France had much to hope from a Republican administration. In a series of
+letters directed to the Secretary of State, but printed in the
+Philadelphia <i>Aurora</i>, Adet announced that the Directory regarded the
+treaty of commerce concluded with<span class='pagenum'><a name="Page_93" id="Page_93">[Pg 93]</a></span> Great Britain as "a violation of the
+treaty made with France in 1778, and equivalent to a treaty of alliance
+with Great Britain." "Justly offended," the Directory had ordered him to
+"suspend his ministerial functions with the Federal Government." This
+action, however, was not to be regarded as a rupture between the two
+peoples, but only "as a mark of just discontent, which is to last until
+the Government of the United States returns to sentiments and to
+measures, more conformable to the interests of the alliance, and the
+sworn friendship between the two nations."</p>
+
+<p>Adet would have had the people believe that the alternatives were
+Jefferson or war; and the threat of war, so it was said, was enough to
+drive the peace-loving Quakers of Pennsylvania into the Republican
+ranks. In more northerly States Adet's manifesto probably had the
+opposite effect. "There is not one elector east of the Delaware River,"
+declared the Connecticut <i>Courant</i>, "who would not sooner be shot than
+vote for Thomas Jefferson." Not a Republican elector was chosen in the
+States to the north and east of Pennsylvania. On the other hand, Adams
+received only two electoral votes south of the Potomac. South Carolina
+divided its vote between Jefferson and Pinckney. Only unexpected votes
+in Virginia and North Carolina gave Adams the election, for Pennsylvania
+was carried by the Republicans. Pinckney lost the Vice-Presidency
+through the defection of Federalists in New England.</p>
+
+<p>An incident of the election in Pennsylvania revealed<span class='pagenum'><a name="Page_94" id="Page_94">[Pg 94]</a></span> the change already
+wrought by parties in the Constitution. The framers of the Constitution
+expected that a small number of persons selected by their fellow
+citizens from the general mass would deliberately weigh "all the reasons
+and inducements which were proper to govern their choice," and in their
+mature wisdom choose the individual who met the requirements of the
+office. It fell out otherwise. In Pennsylvania, one of the six States to
+choose electors by popular vote, each party had put forward a ticket
+with fifteen names. Thirteen of the fifteen Republican electors were
+chosen. Of the two Federalist electors who were chosen, one broke faith
+with his party and cast his vote for Jefferson and Pinckney. The
+Federalists were exasperated by this treachery. "What!" expostulated a
+writer in the <i>United States Gazette</i>: "Do I chuse Samuel Miles to
+determine for me whether John Adams or Thomas Jefferson shall be
+President? No! I chuse him to <i>act</i>, not to <i>think</i>."</p>
+
+<p>While Adet was endeavoring to bring what the Federalists called the
+French party into power, the Administration was urging the reluctant
+Monroe at Paris to make the Jay Treaty as palatable as possible to the
+French Government. This was an irksome task for that ardent Republican.
+From the outset of his mission he found it difficult to sustain that
+detachment from French politics which his position demanded. Moreover,
+after having assured the French Government that Jay was negotiating at
+London only for the redress of grievances and not for a commercial
+treaty, Monroe found it peculiarly humiliating<span class='pagenum'><a name="Page_95" id="Page_95">[Pg 95]</a></span> to be obliged to confess
+that he had been kept in ignorance of the real trend of negotiations.
+Under these circumstances, he temporized and gave only half-hearted
+attention to the task of placating the Directory. Hamilton now advised
+his recall; and Washington, who had on two occasions expressed his
+displeasure with Monroe's conduct, determined to send Charles Cotesworth
+Pinckney in his stead.</p>
+
+<p>Trivial as this incident seems, it was not without its effect upon the
+course of diplomacy abroad and of politics at home. When Monroe
+endeavored to put his successor into touch with the French Foreign
+Office, he was told that the Directory was not prepared to receive
+another American representative until their grievances had been
+redressed. This affront left Pinckney in an embarrassing position, for
+until his credentials were accepted, he was liable, like all foreigners
+at that time, to arrest as a spy. It was not until February, after many
+months of waiting, that he was given his passport. He at once crossed
+the border and took up his residence at Amsterdam.</p>
+
+<p>Meantime, Monroe had taken his departure with the warmest expressions of
+regard on the part of the French Government. He was assured that his
+worth and his efforts in behalf of his country's interests were
+understood and appreciated. He returned to the United States with the
+firm conviction, which his Republican friends shared, that he had been
+made the victim of Federalist chicanery. In the following year he
+published an elaborate defense which served admirably as a popular
+campaign document in the next presidential elections.<span class='pagenum'><a name="Page_96" id="Page_96">[Pg 96]</a></span></p>
+
+<p>It fell to John Adams on the very threshold of his administration to
+deal with what he euphemistically called the misunderstanding with
+France. His inaugural address announced unmistakably his intention to
+preserve neutrality between the belligerents of Europe, and to treat
+France with impartiality but with a sincere desire for her friendship.
+Between the lines may be read also an equally sincere desire to placate
+the opposition and to free himself from all imputation of a bias toward
+Great Britain and a monarchical system. From the first news of
+Pinckney's dismissal, President Adams was disposed "to institute a fresh
+attempt at negotiation": he even approached Jefferson to see if he would
+not persuade Madison to serve on a special commission, believing that
+Madison's well-known Gallic sympathies would commend him to the French
+nation. At the same time he declared stoutly in a message to Congress,
+in special session on May 15, that France had treated the United States
+"neither as allies nor as friends nor as a sovereign state." Attempts
+which had been made to create a rupture between the people of the United
+States and their Government "ought to be repelled with a decision which
+shall convince France and the world that we are not a degraded people
+humiliated under a colonial spirit of fear and sense of inferiority."
+While he therefore recommended measures of defense, he asked the Senate
+to confirm the appointment of three commissioners whom he proposed to
+send to France. Two of these, Pinckney and John Marshall, were
+Federalists, but the third was Elbridge Gerry, a Massachusetts
+Republican, who<span class='pagenum'><a name="Page_97" id="Page_97">[Pg 97]</a></span> was the second choice of the President, Dana having
+declined to serve.</p>
+
+<p>While Congress was acting upon the President's recommendations and
+voting appropriations for fortifications and for the completion of the
+three frigates which were then on the stocks, disquieting disclosures
+came from the West. Spain having declared war upon England in the
+previous fall, British emissaries, it was rumored, were concerting plans
+for the conquest of New Orleans and West Florida. While expeditions made
+up of Western frontiersmen and Indians descended upon the Spanish
+strongholds in the Southwest, a British fleet was to blockade the mouth
+of the Mississippi. The evidence which President Adams laid before
+Congress in July implicated Senator Blount, of Tennessee. In common with
+other land speculators, he had become alarmed at the rumor that France
+was about to acquire Louisiana, and had agreed to use his influence
+among the whites and Indians of the Southwest, where he had formerly
+been governor, to assist the designs of Great Britain. He was expelled
+from the Senate and impeached. Before his trial could take place, he was
+elected a member of the legislature of Tennessee, and from that point of
+vantage he successfully defied the federal authorities.</p>
+
+<p>The episode had unfortunate consequences: it aroused the distrust of the
+Spanish Government and delayed the surrender of Natchez and other posts
+which Spain had agreed to cede in the Treaty of 1795; and it furnished
+Talleyrand, who had become Minister of Foreign Affairs under the
+Directory,<span class='pagenum'><a name="Page_98" id="Page_98">[Pg 98]</a></span> with an additional argument for the cession of Louisiana to
+France. France in control of Louisiana and Florida would be "a wall of
+brass forever impenetrable to the combined efforts of England and
+America."</p>
+
+<p>Early in March, 1797, dispatches arrived from the envoys which were full
+of sinister disclosures. On the 19th, President Adams announced gloomily
+that he perceived "no ground of expectation" that the objects of the
+mission could be accomplished "on terms compatible with the safety,
+honor, or the essential interests of the nation." He renewed his
+recommendations of measures of defense "proportioned to the danger." The
+average Republican regarded this message as tantamount to a declaration
+of war. Jefferson spoke of it as "an insane message." The partisan press
+held it to be further proof of British bias in John Adams, the old
+aristocrat! But when the President sent to Congress the deciphered
+dispatches, and the newspapers had printed extracts from them, a wave of
+indignation swept over the country. For the moment the wildest partisan
+of France was silenced.</p>
+
+<p>The envoys told a sordid tale of French intrigue and greed. It appeared
+that they had never been received officially when they made known their
+presence on French soil, but had been approached by agents of
+Talleyrand, whom they referred to in the dispatches as Mr. X, Mr. Y, and
+Mr. Z. They were much mystified by the language used by these gentlemen,
+until the evening of October 18, when Mr. X called on General Pinckney
+and whispered that he<span class='pagenum'><a name="Page_99" id="Page_99">[Pg 99]</a></span> had a message from Talleyrand. "General Pinckney
+said he should be glad to hear it. Mr. X replied that the Directory, and
+particularly two of the members of it, were exceedingly irritated at
+some passages of the President's speech, and desired that they should be
+softened; and that this step would be necessary previous to our
+reception. That, besides this, a sum of money was required for the
+pocket of the Directory and Ministers, which would be at the disposal of
+M. Talleyrand; and that a loan would also be insisted on. Mr. X said if
+we acceded to these measures, M. Talleyrand had no doubt that all our
+differences with France might be accommodated. On inquiry, Mr. X could
+not point out the particular passages of the speech that had given
+offense, nor the quantum of the loan, but mentioned that the <i>douceur</i>
+for the pocket was twelve hundred thousand livres, about fifty thousand
+pounds sterling."</p>
+
+<p>Unwilling to believe their ears, the astonished envoys asked to have
+these proposals put in writing. Mr. X not only complied with this
+request, but brought with him Mr. Y, a confidential friend of
+Talleyrand, who repeated the terms upon which the envoys would be
+received, and pointed out convenient means by which the money could be
+secretly transferred.</p>
+
+<p>The American commissioners responded that while they had ample powers to
+make a treaty, they had none to make a loan. They offered, however, to
+send one of their number to America for further instructions, provided
+that the Directory would check the further capture of American vessels.
+Nevertheless,<span class='pagenum'><a name="Page_100" id="Page_100">[Pg 100]</a></span> the efforts of X and Y to secure the <i>douceur</i> were not
+relaxed. Finally, finding the envoys either obstinate or obtuse, Mr. X
+exclaimed, "Gentlemen, you do not speak to the point. It is money; it is
+expected that you will offer money." The Americans were inexorable.
+"What is your answer?" asked X impatiently. "It is," said the envoys,
+"no, no; not a sixpence."</p>
+
+<p>On November 1, the commissioners agreed to hold no more indirect
+intercourse with the Government, but to prepare a statement of the
+American grievances against France and to send it to Talleyrand. Two
+weary months passed before they received his answer. Couched in language
+which was both contemptuous and insulting, this reply of Talleyrand
+terminated the mission. The Directory intimated that in future they
+would treat only with Gerry as "the more impartial" member of the
+commission. Pinckney and Marshall remonstrated against this
+discrimination, but Gerry unwisely consented to deal with Talleyrand
+alone. Marshall secured a passport with some difficulty and departed for
+home. Pinckney with more difficulty secured permission to retire to
+southern France with his invalid daughter.</p>
+
+<p>The war spirit now ran high. President Adams declared that he would
+never send another minister to France without assurances that he would
+be "received, respected, and honored as the representative of a great,
+free, powerful, and independent nation," and the people supported this
+declaration with surprising unanimity. Demonstrations occurred in all
+the playhouses of Philadelphia and New York; young<span class='pagenum'><a name="Page_101" id="Page_101">[Pg 101]</a></span> men formed
+associations and donned the black cockade as an emblem of patriotic
+devotion; even in the quiet towns of New England, women met to drink tea
+and to sing the new song "Adams and Liberty." Cities along the coast
+vied with one another in their eagerness to build warships. The
+patriotic fervor found expression in original song and verse. "Hail
+Columbia" was the happy inspiration of young Joseph Hopkinson, of
+Philadelphia. For once in his life President John Adams found himself a
+popular hero riding on the crest of public applause.</p>
+
+<p>To the intense disgust of Jefferson, even Republicans caught the war
+fever, and joined with the Federalists in putting the country on a war
+footing. Among the earliest measures of Congress was an act providing
+for the establishment of a Navy Department. In rapid succession followed
+acts authorizing the President to permit merchantmen to arm in their own
+defense and our warships to seize French vessels which preyed upon our
+commerce. On July 7, the existing treaties with France were repealed. In
+short, without a formal declaration, the United States was virtually at
+war with France. The new navy soon put to sea and gratified national
+pride by several gallant victories, the most notable being the capture
+of the frigate L'Insurgente by the newly commissioned Constellation, on
+February 9, 1799. When peace was restored in 1800, the navy had a record
+of eighty-four prizes, most of which were French privateers.</p>
+
+<p>The organization of the provisional army did not move so rapidly, partly
+because of the incompetence of the Secretary of War, and partly because
+of an<span class='pagenum'><a name="Page_102" id="Page_102">[Pg 102]</a></span> unseemly wrangle for precedence among the three major-generals
+whom Adams had named. Conscious of his own inexperience in military
+affairs, President Adams had persuaded Washington to take chief command
+of the army with the distinct understanding that he would not be called
+into active service unless an emergency arose. Washington named
+Hamilton, C. C. Pinckney, and Knox as major-generals, and the President
+sent the nominations to the Senate in this order. Misunderstandings
+arose at once as to the relative rank of these three major-generals.
+Hamilton and his intimates in the circle of the President's advisers
+urged that as his name was first on the list he was the ranking officer.
+At this Knox took umbrage, for he had outranked Hamilton in the old
+army; and so, too, had Pinckney. Knowing the intrigue in Hamilton's
+behalf and not a little alarmed at the prospect of having the direction
+of the war pass into the hands of a man whom he regarded as a rival,
+Adams determined to sign the commissions in the reverse order, thus
+giving Knox precedence. The friends of Hamilton were enraged at this
+turn of affairs and prevailed upon Washington to write a letter of
+protest to the President. Adams was finally persuaded to date all three
+commissions alike and to leave the designation of rank to the
+commander-in-chief. Washington promptly named Hamilton as
+inspector-general with precedence over Pinckney and Knox; whereupon Knox
+refused to serve.</p>
+
+<p>The immediate outcome of this controversy was to widen the rift which
+was already separating the President from the faction led by Hamilton.
+Adams<span class='pagenum'><a name="Page_103" id="Page_103">[Pg 103]</a></span> had taken office in the belief that Washington's cabinet advisers
+were loyal to him. "Pickering and all his colleagues are as much
+attached to me as I desire," he had written just before his
+inauguration. But he speedily found that all were accustomed to look to
+Hamilton as the virtual leader of the Federalist party. Moreover, he
+found himself thrust into the background in the matter of military
+appointments, as soon as Hamilton took over the actual work of
+organizing the army. The Constitution made him commander-in-chief;
+circumstances seemed to conspire, he complained bitterly, "to annihilate
+the essential powers given to the President." He had, too, all the
+natural aversion of a civilian for military affairs. "Regiments are
+costly articles everywhere," he told McHenry testily, "and more so in
+this country than in any other under the sun. And if this country sees a
+great army to maintain, without an enemy to fight, there may arise an
+enthusiasm that seems to be little foreseen."</p>
+
+<p>It would have been strange, indeed, if under these circumstances the
+President had not scanned the horizon anxiously for the faintest
+intimations of peace. In October, 1798, definite assurances were given
+by Talleyrand, through our Minister at The Hague, that France would
+receive a new minister from the United States. On February 18, 1799, the
+President confounded both friends and foes by sending to the Senate the
+nomination of Vans Murray to be Minister to France. The emotions of the
+militant Federalists were too various to admit of description. It would
+have been madness, however, not to<span class='pagenum'><a name="Page_104" id="Page_104">[Pg 104]</a></span> accept the proffered olive branch.
+Swallowing their wrath, they agreed to the mission, but substituted a
+commission of three for a single minister.</p>
+
+<p>From Napoleon, the new master of France, the commissioners secured a
+convention which not only restored peace, but safeguarded the rights of
+neutrals, by restraining the right of search and conceding the principle
+that free ships make free goods. Napoleon consented also to the
+abrogation of the treaties of 1778, but only upon condition that the new
+treaty should contain no provision for the settlement of claims for
+indemnity. John Adams was not far from the truth when he accounted this
+peace one of the most meritorious actions of his life. "I desire no
+other inscription over my gravestone," he wrote fifteen years later,
+"than: 'Here lies John Adams, who took upon himself the responsibility
+of the peace with France in the year 1800.'"</p>
+
+
+<p class="subhead2">BIBLIOGRAPHICAL NOTE</p>
+
+<div class="blockquot"><p>On the origin and growth of political parties in the United
+States, the following books are suggestive and informing: H. J.
+Ford, <i>The Rise and Growth of American Politics</i> (1898); C. E.
+Merriam, <i>A History of American Political Theories</i> (1910); J. P.
+Gordy, <i>Political History of the United States</i> (2 vols.,
+1900-03); A. E. Morse, <i>The Federalist Party in Massachusetts to
+the Year 1800</i> (1909); J. D. Hammond, <i>History of the Political
+Parties in the State of New York, 1789-1840</i> (2 vols., 1850). To
+those histories already mentioned which describe the quarrel with
+France may be added G. W. Allen, <i>Our Naval War with France</i>
+(1909), and A. T. Mahan, <i>Influence of Sea Power on the French
+Revolution and Empire</i> (2 vols., 1898). A most readable account of
+manners and customs in America is given by La
+Rochefoucauld-Liancourt, <i>Travels through the United States,
+1795-1797</i> (2 vols., 1799). Social life in New York and
+Philadelphia is described by R. W. Griswold, <i>The Republican
+Court</i> (1864).</p></div>
+
+
+
+<hr style="width: 65%;" />
+<p><span class='pagenum'><a name="Page_105" id="Page_105">[Pg 105]</a></span></p>
+<p class="subhead1"><a name="CHAPTER_VI" id="CHAPTER_VI"></a>CHAPTER VI</p>
+
+<p class="subhead2">THE REVOLUTION OF 1800</p>
+
+
+<p>The greatest obstacle in the path of the people of the United States in
+their struggle toward national life was the vastness of the territory
+which they occupied. Even the region between the Alleghanies and the sea
+was as yet imperfectly subdued. Great tracts of wilderness separated
+communities beyond the fall-line of the rivers. Intercourse was
+incredibly difficult even between the commercial ports of New England
+and the Middle States. Stage-coaches plied between Boston and New York,
+to be sure, and between New York and Philadelphia. By stage, too, a
+traveler could reach Baltimore and Washington in the course of time. But
+beyond the Potomac public conveyances were few and uncertain in their
+routes. The only public stage in the Carolinas and Georgia plied between
+Charleston and Savannah. Those whom either public or private business
+forced to journey from these remote Southern States to Philadelphia took
+passage in coasting vessels. It is difficult to say which were greater,
+the perils by land or by sea. Writing from Philadelphia in 1790, William
+Smith, of South Carolina, described the misfortunes of his fellow
+Congressmen in trying to reach the seat of government, as follows:
+"Burke was shipwrecked off the Capes; Jackson and Mathews with great
+difficulty landed at Cape May and traveled one hundred<span class='pagenum'><a name="Page_106" id="Page_106">[Pg 106]</a></span> and sixty miles
+in a wagon to the city. Burke got here in the same way. Gerry and
+Partridge were overset in the stage; the first had his head broke and
+made his <i>entr&eacute;e</i> with an enormous black patch; the other had his ribs
+sadly bruised and was unable to stir for some days. Tucker had a
+dreadful passage of sixteen days with perpetual storms. I wish these
+little <i>contretemps</i> may not sour their tempers and be inauspicious to
+our proceedings."</p>
+
+<p>Even in the North, where distances were not so great and where great
+arms of the ocean did not penetrate so far inland, as in North Carolina,
+for example, interposing so many barriers to communication, travel was
+painfully slow and hazardous. Travelers who made the journey from Boston
+to New York by stage-coach accounted themselves lucky if they reached
+their destination in six days, for no bridges spanned any of the great
+waterways and the crossing by ferryboats was uncertain and often
+dangerous. Many travelers preferred to journey by water from port to
+port, but coasting vessels, contending with the winds and the tides,
+were often nine or ten days in sailing from Boston to New York.</p>
+
+<p>The post traveled with somewhat greater speed; yet a letter sent from
+Portland, Maine, could not be delivered in Savannah, Georgia, in less
+than twenty days. From Philadelphia a post went to Lexington, Kentucky,
+in sixteen days, and to Nashville, Tennessee, in twenty-two days. The
+cost of these posts, like the cost of traveling, was in many cases
+prohibitive. The rate for a letter of a single sheet was twenty-five
+cents. News traveled slowly from State to State.<span class='pagenum'><a name="Page_107" id="Page_107">[Pg 107]</a></span> The best news sheets
+in New York printed intelligence from Virginia which was almost as
+belated as that which the packets brought from Europe.</p>
+
+<p>With such barriers in the way of intercourse, the masses, so far indeed
+as they possessed the suffrage at all, were not politically
+self-assertive. Devoted primarily to the pursuit of agriculture and
+commerce, essentially rural in their distribution, the people had
+neither the desire nor the means, nor yet the leisure, to engage in
+active politics. Politics was the occupation of those who commanded
+leisure and some accumulated wealth. The voters of the several States
+touched each other only through their leaders. In these early years
+national parties were hardly more than divisions of a governing class.
+Party organization was visible only in its most rudimentary form&mdash;a
+leader and a personal following. The machinery of a modern party
+organization did not come into existence until the railroad and the
+steamboat tightened the bonds of intercourse between State and State,
+and between community and community.</p>
+
+<p>In another respect political parties of the Federalist period differed
+from later political organizations. Under stress of foreign
+complications, Federalists and Republicans were forced into an
+irreconcilable antagonism. The one group was thought to be British in
+its sympathies, the other Gallic. In the eyes of his opponents, the
+Republican was no better than a democrat, a Jacobin, a revolutionary
+incendiary; and the Federalist no better than a monocrat and a Tory. The
+effect was denationalizing. Each lost confidence in the other's
+Americanism.<span class='pagenum'><a name="Page_108" id="Page_108">[Pg 108]</a></span></p>
+
+<p>The Federalists, in control of the Executive,&mdash;and thus, in the common
+phrase, "in power,"&mdash;were disposed to view the opposition as factious,
+if not treasonable. Washington deprecated the spirit of party and
+thought it ought not to be tolerated in a popular government. Fisher
+Ames expressed a common Federalist conviction when he wrote in 1796: "It
+is a childish comfort that many enjoy, who say the minority aim at place
+only, not at the overthrow of government. They aim at setting mobs above
+law, not at the filling places which have known legal responsibility.
+The struggle against them is therefore <i>pro aris et focis</i>; it is for
+our rights and liberties." Such a state of mind can be understood only
+by a diligent reading of the newspapers and political tracts of the
+time. Republican journalists, many of whom were of alien origin, still
+gloried in the ideals and achievements of the French Revolution. But
+liberty and democracy, as preached by a Tom Paine and glorified by a
+Callender and exemplified by the Reign of Terror in France, had caused
+an ominous reaction in the minds of upholders of the established order
+in the United States.</p>
+
+<p>Under these circumstances, when, in the minds of those in authority,
+party was identified with faction, and faction was held to be synonymous
+with treason, the position of the Republicans was precarious. War with
+France they bitterly opposed, but were powerless to prevent. The path of
+opposition was made all the more difficult by the well-known attitude of
+conspicuous Federalist leaders who favored war as an opportunity for
+discrediting their political opponents,<span class='pagenum'><a name="Page_109" id="Page_109">[Pg 109]</a></span> or, as Higginson expressed it,
+for closing the "avenues of French poison and intrigue."</p>
+
+<p>Laboring under the conviction that they had to deal not only with an
+enemy without but with an insidious foe within, the Federalists carried
+through Congress in June and July, 1798, a series of measures which are
+usually cited as the Alien and Sedition Acts. The first in the series
+was the Naturalization Act, which lengthened the period of residence
+required of aliens who desired citizenship, from five to fourteen years.
+The Alien Act authorized the President, for a period of two years, to
+order out of the country all such aliens as he deemed dangerous to
+public safety or guilty of treasonable designs against the Government.
+Failure to leave the country after due warning was made punishable by
+imprisonment for a term not exceeding three years and by exclusion from
+citizenship for all time. A third act conferred upon the President the
+further discretionary power to remove alien enemies in time of war or of
+threatened war. Finally, the Sedition Act added to the crimes punishable
+by the federal courts unlawful conspiracy and the publication of "any
+false, scandalous, and malicious writings" against the Government,
+President, or Congress, with the intent to defame them or to bring them
+into contempt or disrepute. For conspiracy the penalty was a fine not
+exceeding five thousand dollars and imprisonment not exceeding five
+years; for seditious libel, a fine not exceeding two thousand dollars
+and imprisonment not exceeding two years.</p>
+
+<p>The debates in Congress left little doubt that the<span class='pagenum'><a name="Page_110" id="Page_110">[Pg 110]</a></span> Sedition Act was a
+weapon forged for partisan purposes. The Federalists were convinced that
+France maintained a party in America which by means of corrupt hirelings
+and subsidized presses was paralyzing the efforts of the Administration
+to defend national rights. That there was great provocation for the act
+cannot be denied. The tone of the press generally was low; but between
+the scurrilous assaults of Cobbett in <i>Porcupine's Gazette</i> upon
+Republican leaders, and the atrocious libels of Bache upon President
+Washington, there is not much to choose.</p>
+
+<p>What the opposition had to fear from the Sedition Act, appeared with
+startling suddenness in October, 1798, when Representative Matthew Lyon,
+of Vermont, an eccentric character who had become the butt of all
+Federalists, was indicted for publishing a letter in which he maintained
+that under President Adams "every consideration of the public welfare
+was swallowed up in a continual grasp for power, in an unbounded thirst
+for ridiculous pomp, foolish adulation, and selfish avarice." The
+unlucky Lyon was found guilty, sentenced to imprisonment for four
+months, and fined one thousand dollars.</p>
+
+<p>Alarmed by this attack on what he termed the freedom of speech and of
+the press, Jefferson cast about for some effective form of protest.
+Collaborating with John Breckenridge, a member of the Kentucky
+Legislature, he prepared a series of resolutions which were adopted by
+that body, while Madison, then a member of the Virginia House of
+Burgesses, secured the adoption of a set of resolutions of similar<span class='pagenum'><a name="Page_111" id="Page_111">[Pg 111]</a></span>
+purport which he had drafted. Both sets of resolutions condemned the
+Alien and Sedition Acts as unwarranted by the letter of the Constitution
+and opposed to its spirit. Both reiterated the current theory of the
+Union as a compact to which the States were parties; and both intimated
+that, as in all other cases of compact among parties having no common
+judge, each party had an equal right to judge for itself, as well of
+infractions as of the mode of redress.</p>
+
+<p>The real purport of these Virginia and Kentucky Resolutions has been
+much misunderstood. The emphasis should fall not upon the compact
+theory, for that was commonly accepted at this time; nor yet upon the
+vague remedies suggested by the phrases "nullification" and
+"interposition." With these remedies Jefferson and Madison were not
+greatly concerned. Protest rather than action was uppermost in their
+minds. As Jefferson said to Madison, they proposed to "leave the matter
+in such a train as that we may not be committed absolutely to
+extremities, and yet may be free to push as far as events will render
+prudent." What they desired was such an affirmation of principles as
+should rally their followers and arrest the usurpation of power by their
+opponents. The fundamental position assumed is that the Federal
+Government is one of limited powers and that citizens must look to their
+State Governments as bulwarks of their civil liberties, whenever the
+express terms of the federal compact are violated. The Federal
+Government was not to be allowed to become the judge of its own powers.
+By recalling the party to its original position of opposition to the<span class='pagenum'><a name="Page_112" id="Page_112">[Pg 112]</a></span>
+consolidating tendencies of the Federalists, the resolutions of 1798
+served much the same purpose as a modern party platform. In this light,
+their ambiguities are not greater nor their political theories more
+vague than those of later platforms.</p>
+
+<p>In the early months of 1799, petitions for the repeal of the Alien and
+Sedition Acts began to pour in upon Congress from the Middle States; but
+the Federalists felt secure enough in popular favor to ignore these
+protests. With a keener ear for the voice of the people, Jefferson
+summoned his Republican friends to seize the moment to effect an entire
+"revolution of the public mind to its republican soundness." "This
+summer is the season for systematic energies and sacrifices," he wrote
+to Madison. "The engine is the press. Every man must lay his purse and
+pen under contribution." The response was immediate and hearty. Not only
+were political pamphlets printed and distributed from Cape Cod to the
+Blue Ridge, but an astonishing number of newspapers were founded to
+disseminate Republican doctrine. The three or four years before the
+presidential election of 1800 are marked by an unprecedented
+journalistic revival. Instead of being mere purveyors of facts, these
+newspapers became, as a contemporary observes, "Vehicles of discussion,
+in which the principles of government, the interests of nations, the
+spirit and tendency of public measures, and the public and private
+characters of individuals, are all arraigned, tried, and decided." Such
+a systematic attempt to direct public opinion had not been made since
+the early days of the Revolution.</p>
+
+<div class="figcenter" style="width: 550px;">
+<a name="il9" id="il9"></a>
+<a href="images/i9.jpg"><img src="images/i9-thumb.jpg" width="550" height="795"  alt="Vote on the Repeal of the Alien and Sedition Acts House
+of Representatives February 25, 1799" title="" /></a>
+</div>
+
+<p><span class='pagenum'><a name="Page_113" id="Page_113">[Pg 113]</a></span>
+The Federalists watched this Republican revival with grave misgivings.
+What Jefferson called "the awakening of the spirit of 1776" was to
+Fisher Ames an ominous sign of impending "revolutionary Robespierrism."
+Federalists of the Hamiltonian brand unhesitatingly held the Republicans
+responsible for the Fries Rebellion, which occurred in Pennsylvania. The
+immediate occasion for these disturbances, to be sure, was the federal
+house tax, but the rioting occurred in those eastern counties which were
+ardently Republican; hence the outbreak could be denounced plausibly
+enough as the result of Jacobin teachings. In some alarm the
+Administration dispatched troops to quell the riots, and prosecuted the
+leaders with relentless vigor. Fries was condemned to death, and the
+President's advisers would have carried out the decree of the court, "to
+inspire the malevolent and factious with terror"; but President Adams
+persisted in pardoning Fries, holding wisely that there was grave danger
+in so construing treason as to apply it to "every sudden, ignorant,
+inconsiderable heat, among a part of the people, wrought up by political
+disputes, and personal and party animosities." Such motives were not
+appreciated by the circle of Hamilton's admirers. Why were the renegade
+aliens who were running the incendiary presses not sent out of the
+country, Hamilton asked Pickering. "Are laws of this kind passed merely
+to excite odium and remain a dead letter?"</p>
+
+<p>If the Administration made only a half-hearted effort to arrest and
+deport aliens, it could at least not be accused of letting the Sedition
+Act remain a<span class='pagenum'><a name="Page_114" id="Page_114">[Pg 114]</a></span> dead letter. Some unnecessary and thoroughly unwise
+prosecutions in the year 1799 were followed by a series of trials for
+seditious libel in the spring term of the federal courts. All the
+individuals indicted were either editors or printers of Republican
+newspapers. The impression created by these prosecutions was, therefore,
+that the Administration had determined to crush the opposition. What
+deepened this impression was the obvious bias of the federal judges and
+the partisanship of the juries, which it was alleged were packed by the
+prosecution.</p>
+
+<p>With one accord Republican editors lifted up their voices in defense of
+freedom of speech, never losing from view, however, the political
+possibilities of the situation. The more prosecutions the better, wrote
+one editor significantly to a fellow victim: "You know the old
+ecclesiastical observation that the blood of the martyrs was the seed of
+the church." From the Federalist point of view these editors were "lying
+Jacobins," incendiaries, anarchists. "Should Jacobinism gain the
+ascendency," an orator at Deerfield, Massachusetts, warned his auditors,
+in the midst of the elections of 1800, "let every man arm himself, not
+only to defend his property, his wife, and children, but to secure his
+life from the dagger of his Jacobin neighbor." In vain Republicans
+protested that they had a right to form a party to oppose measures which
+they deemed destructive to public liberty. They were not opposing the
+Constitution but the Administration; not government in general, but the
+existing Government, of men who were employing despotic methods.<span class='pagenum'><a name="Page_115" id="Page_115">[Pg 115]</a></span></p>
+
+<p>In the presidential election of 1800 only four of the sixteen States
+provided for a choice of the electors directly by the people. The
+outcome depended upon the action of the legislatures in a comparatively
+few States. New England was so steadfast in the Federalist faith that
+the Republicans gave up all hope of contesting the control of the
+legislatures. After an electioneering tour through Connecticut, Aaron
+Burr is said to have remarked that they might as well attempt to
+revolutionize the Kingdom of Heaven. On the other hand, Jeffersonian
+Republicanism was deeply rooted in Virginia, Kentucky, Tennessee, and
+Georgia. The contestable area lay in the Middle States and in the
+Carolinas.</p>
+
+<p>In the early spring, both parties began to burnish their armor for the
+first encounter in New York. It was generally believed that the May
+elections to the Assembly would determine the vote of the presidential
+electors, and that the vote of the city of New York would settle the
+control of the Assembly. The task of carrying the legislative districts
+of the city for the Republicans fell to Aaron Burr, past-master of the
+art of political management and first of the long line of political
+bosses of the great metropolis. How he concentrated the party vote upon
+a ticket which bore such names as those of George Clinton, Horatio
+Gates, and Henry Rutgers; how he wooed and won voters in the doubtful
+seventh ward among the laboring classes,&mdash;these are matters which elude
+the most painstaking researches of the historian. The outcome was a
+Republican Assembly which beyond<span class='pagenum'><a name="Page_116" id="Page_116">[Pg 116]</a></span> a peradventure would give the
+electoral vote of the State to the Republican candidates.</p>
+
+<p>In another respect Burr's victory in New York was important. It made him
+the logical and most available candidate for the vice-presidential
+nomination. By general consent Jefferson became for the second time the
+candidate of his party for the Presidency. On May 11, the Republican
+members of Congress met in caucus and unanimously agreed to support Burr
+for the Vice-Presidency. Already wiseacres were figuring out the
+probabilities of a Republican victory.</p>
+
+<p>It was a chastened group of Federalist Congressmen who met in caucus on
+May 3, after the disheartening tidings from New York. Though their
+hearts misgave them, they still supported John Adams. To carry South
+Carolina, they agreed to support Charles C. Pinckney for the
+Vice-Presidency; but rumor had it that many Federalists would be glad to
+see Pinckney outstrip Adams,&mdash;a hope which in the course of the summer
+was frankly avowed by Hamilton. In a letter which he had privately
+printed for circulation among the Federalists, Hamilton declared without
+disguise his hostility to Adams. The imprudence of this act was apparent
+when Burr seized upon a copy of the letter and scattered reprints far
+and wide as good campaign material.</p>
+
+
+<div class="figcenter" style="width: 550px;">
+<a name="il10" id="il10"></a>
+<a href="images/i10.jpg"><img src="images/i10-thumb.jpg" width="550" height="795"  alt="Presidential Election of 1800, Popular Vote by Counties" title="" /></a>
+</div>
+
+<p>The effect of Hamilton's indiscretion was probably slight. Adams carried
+all the electoral votes in the New England States, leading Pinckney by a
+single vote. The Federalists were completely successful also in New
+Jersey and Delaware. Through the tactics<span class='pagenum'><a name="Page_117" id="Page_117">[Pg 117]</a></span> of thirteen Federalists in
+the Senate of Pennsylvania, they won seven of the fifteen electoral
+votes of that State. In Maryland they divided the electoral vote evenly
+with their opponents. In North Carolina, they secured four of the twelve
+votes; but in South Carolina they were completely discomfited. Instead
+of carrying his own State for the ticket, Pinckney was outgeneraled by
+the strategy of his cousin Charles Pinckney, who effected an
+irresistible combination of the Piedmont farmers and the artisans of
+Charleston. The loss of South Carolina was irretrievable and decisive.
+The Federalists had to concede the defeat of their ticket.</p>
+
+<p>The exultation of the Republicans was at first unbounded. "The election
+of a Republican President," wrote the editor of the Schenectady
+<i>Cabinet</i> triumphantly, "is a new Declaration of Independence, as
+important in its consequences as that of '76, and of much more difficult
+achievement." But the elation of the Jeffersonians was somewhat tempered
+by the information that Jefferson and Burr had an equal number of votes
+in the electoral college. Adams was defeated, to be sure, but was Thomas
+Jefferson elected? Neither Jefferson nor Burr had "the highest number of
+votes" which the Constitution required for an election. The House of
+Representatives, therefore, must choose between them. But the House was
+Federalist! Coincidently with these tidings came rumors that the
+Federalists would prevent an election by the House until the 4th of
+March passed, when the Presidency and Vice-Presidency would fall vacant,
+necessitating a new election. Scarcely less ominous<span class='pagenum'><a name="Page_118" id="Page_118">[Pg 118]</a></span> was the report that
+the Federalists would endeavor to seat Burr in the presidential chair.</p>
+
+<p>When balloting began in the House on February 11, 1801, enough
+Federalists had been involved in an intrigue to defeat Jefferson to give
+the vote of six States to Burr. Jefferson received the vote of eight
+States, but not the majority which was needed to elect, inasmuch as the
+delegations of two States were evenly divided. The result was the same
+on thirty-five successive ballots. On the thirty-sixth, February 17,
+Jefferson received the votes of ten States and Burr of four. The votes
+of Delaware and South Carolina were blank, the Federalists having agreed
+to produce a tie by not voting. A similar abstention from voting on the
+part of Federalists from Vermont and Maryland gave the votes of those
+States to Jefferson.</p>
+
+<p>More than any other man, Bayard, of Delaware, was responsible for the
+election of Jefferson. Finding that Burr would not "commit himself,"
+Bayard announced that he would cast the single vote of his State for
+Jefferson. "You cannot well imagine the clamor and vehement invective to
+which I was subjected for some days," he wrote to Hamilton. "We had
+several caucuses. All acknowledged that nothing but desperate measures
+remained, which several were disposed to adopt, and but few were willing
+openly to disapprove. We broke up each time in confusion and discord,
+and the manner of the last ballot was arranged but a few minutes before
+the ballot was taken." How narrowly the Federalists escaped the folly of
+electing Burr may be inferred from the<span class='pagenum'><a name="Page_119" id="Page_119">[Pg 119]</a></span> further statement of Bayard,
+that "the means existed of electing Burr, but this required his
+co&ouml;peration. By deceiving one man (a great blockhead), and tempting two
+(not incorruptible), he might have secured a majority of the States."</p>
+
+<p>In after years Jefferson was wont to speak of his election as "the
+Revolution of 1800." To his mind, it was "as real a revolution in the
+principles of our government as that of 1776 was in its form; not
+effected, indeed, by the sword, as that, but by the rational and
+peaceable instrument of reform, the suffrage of the people." In one
+sense, at least, Jefferson was right. Taken collectively, the events of
+1800 do constitute a revolution&mdash;the first party revolution in American
+history. For a season it seemed as though the Republican party was to be
+denied the right to exist as a legal opposition, entitled to attain
+power by persuasion. At the risk of incurring the suspicion of
+disloyalty, if not of treason, the Republicans clung tenaciously to
+their rights as a minority. By persistent use of the press, by
+unremitting personal efforts, and by adroit electioneering, the leaders
+succeeded in arousing the apathetic masses and converted their minority
+into an actual majority. They won, therefore, for all time that
+recognition of the right of legal opposition which is the primary
+condition of successful popular government.</p>
+
+<p>The change in political weather was foreshadowed during the summer of
+1800 by the removal of the seat of government to the banks of the
+Potomac. For ten years Philadelphia had been the center of<span class='pagenum'><a name="Page_120" id="Page_120">[Pg 120]</a></span> the
+political and the social worlds, which for the only time in American
+history were then identical. Even those who knew the court life of
+Europe marveled at the display of wealth and fashion at this republican
+court. Of this social world, the "President and his Lady" were not
+merely the titular and official leaders, but the real leaders. Between
+the Virginia aristocracy and the wealthy families of Philadelphia there
+were natural affinities. And if the second Federalist President and his
+consort did not become leaders in quite the same sense, it was because
+John and Abigail Adams belonged temperamentally to a more restrained
+society.</p>
+
+<p>Those who had enjoyed the hospitalities of the Morrises, the Binghams,
+and the Willings, and the bodily comforts of Philadelphia hotels and
+inns, were not likely to find any compensations in the unkempt,
+straggling village which the Government and private speculators were
+trying to convert into a fitting abode for the National Government.
+There were few comfortable private dwellings. Most of the houses were
+mere huts occupied by laborers. Great tracts were left unfenced and
+uncultivated, in the firm expectation that an extraordinary rise in land
+value was about to take place. That craze for speculation in land which
+had possessed those with any idle capital afflicted every landowner in
+or near the new city.</p>
+
+<p>When Mrs. Adams finally reached the city, after a difficult journey
+through the forest between Baltimore and Washington, she met with
+anything but a cheering welcome. The President's house was not<span class='pagenum'><a name="Page_121" id="Page_121">[Pg 121]</a></span> yet
+finished: the plaster was not even dry on the walls. It was built on a
+grand and superb scale, but the thrifty New England spirit of the
+President's wife was appalled at the prospect of having to employ thirty
+servants to keep the apartments in order and to tend the fires which had
+everywhere to be kept up to drive away the ague. The ordinary
+conveniences were wanting. For lack of a yard, Mrs. Adams made a
+drying-room out of the great unfinished audience room. And the only
+society which she might enjoy was in Georgetown, two miles away. "We
+have, indeed," she wrote, "come into <i>a new country</i>." But with true
+pioneer spirit, she added, "It is a beautiful spot, capable of every
+improvement, and, the more I view it, the more I am delighted with it."</p>
+
+<p>The gloom which enveloped the Federalists after the elections of the
+year deepened as they straggled into the new capital in November. They
+approached their labors as men who would save what they could of a
+falling world. For some time there had been an urgent demand for the
+reorganization of the federal judiciary. The justices of the Supreme
+Court objected to circuit duty and urged the erection of a circuit court
+with a permanent bench of judges. Such a reform was inevitable, it was
+said; therefore let the Federalists find what consolation they might
+from the possession of these new judgeships. Patriotism, too, suggested
+the wisdom of filling the judiciary with men who would uphold the
+established order. "In the future administration of our country,"
+President Adams wrote to Jay, "the firmest security we<span class='pagenum'><a name="Page_122" id="Page_122">[Pg 122]</a></span> can have against
+the effects of visionary schemes or fluctuating theories will be in a
+solid judiciary."</p>
+
+<p>The Judiciary Act of February 13, 1801, which embodied these aims, added
+five new districts to those which had been established in 1789, and
+grouped the twenty-two districts into six circuits. The amount of
+patronage which thus fell into the President's hands was very
+considerable, though it was grossly exaggerated by Republicans. The
+partisan press pictured President John Adams signing the commissions of
+these new judgeships to the very stroke of twelve on the night of March
+3, and then entering his coach and driving in haste from the city.</p>
+
+
+<p class="subhead2">BIBLIOGRAPHICAL NOTE</p>
+
+<div class="blockquot"><p>On the organization of parties at the close of the century there
+are two works of importance: G. D. Luetscher, <i>Early Political
+Machinery in the United States</i> (1903), and M. Ostrogorski,
+<i>Democracy and the Organization of Political Parties</i> (2 vols.,
+1902. Vol. <span class="smcap">II</span> deals with parties in the United States).
+Prosecutions under the Sedition Act are reported in F. Wharton,
+<i>State Trials of the United States during the Administrations of
+Washington and Adams</i> (2 vols., 1846). F. T. Hill, <i>Decisive
+Battles of the Law</i> (1907), gives an interesting account of the
+trial of Callender. Two special studies should be mentioned: E. D.
+Warfield, <i>The Kentucky Resolutions of 1798</i> (1887), and F. M.
+Anderson, "Contemporary Opinion of the Virginia and Kentucky
+Resolutions," in the <i>American Historical Review</i>, vol. v. The
+spirit of American politics at this time can be best appreciated
+by perusing <i>Porcupine's Works</i>, the writings of Callender and Tom
+Paine, and the letters of Fisher Ames, Alexander Hamilton, Thomas
+Jefferson, and Timothy Pickering.</p></div>
+
+
+
+<hr style="width: 65%;" />
+<p><span class='pagenum'><a name="Page_123" id="Page_123">[Pg 123]</a></span></p>
+<p class="subhead1"><a name="CHAPTER_VII" id="CHAPTER_VII"></a>CHAPTER VII</p>
+
+<p class="subhead2">JEFFERSONIAN REFORMS</p>
+
+
+<p>The society over whose political destiny Thomas Jefferson was to preside
+for eight years was for the most part still rural and primitive.
+Evidences of a higher culture were wanting outside of communities like
+Philadelphia, Boston, and Charleston. Even in Philadelphia, the literary
+as well as the social and political capital, the poet Moore could find
+only a sacred few whom "'twas bliss to live with, and 'twas pain to
+leave." American life had not yet created an atmosphere in which poetry,
+or even science, could thrive. The scientific curiosity of the younger
+generation does not seem to have been whetted in the least by the
+startling experiments of Franklin; and the figure of Philip Freneau
+stands almost alone, though Connecticut, to be sure, boasted of her
+Dwight, her Trumbull, and her Barlow. The "Connecticut wits" are
+interesting personalities; but the society which could read, with
+anything akin to pleasure, Dwight's <i>Conquest of Canaan</i>&mdash;an epic in
+eleven books with nearly ten thousand lines&mdash;was more admirable for its
+physical endurance than for its poetical intuitions. Latrobe was quite
+right when he wrote that in America the labor of the hand took
+precedence over that of the mind.</p>
+
+<p>The American people were still engaged almost exclusively in agriculture
+and commerce. Manufacturing<span class='pagenum'><a name="Page_124" id="Page_124">[Pg 124]</a></span> was in its infancy. In his report on
+manufactures in 1791, Hamilton had named seventeen industries which had
+made notable progress, but most of these were household crafts. In 1790,
+Samuel Slater had duplicated the inventions of Hargreaves and Arkwright,
+and had, with Moses Brown, of Rhode Island, set up a successful cotton
+mill at Pawtucket; but ten years later only four factories were in
+operation in the whole country.</p>
+
+<p>The wars in Europe had created an unprecedented and ever-increasing
+demand for American agricultural products. The price of foodstuffs like
+flour and meal reached a point which made possible enormous profits.
+Shipping became, therefore, the indispensable handmaid of agriculture,
+as Jefferson observed. The volume of trade expanded at an astonishing
+rate. The total value of exports mounted from $20,000,000 in 1790 to
+$94,000,000 in the year of Jefferson's inauguration. One half of this
+amount, however, represented the value of commodities like sugar,
+coffee, and cocoa, which had been brought into the country for
+exportation. The easy and almost certain profits of this trade attracted
+capital which might otherwise have gone into manufacturing.</p>
+
+<div class="figcenter" style="width: 550px;">
+<a name="il11" id="il11"></a>
+<a href="images/i11.jpg"><img src="images/i11-thumb.jpg" width="550" height="965"  alt="Distribution of Population 1800" title="" /></a>
+</div>
+
+<p>Shipping was stimulated also by the Navigation Act of 1789, which
+imposed lower tonnage duties in American ports on vessels built or owned
+by American citizens, and by the Tariff Act of the same year, which
+allowed a ten per cent deduction from the customs duties levied on goods
+imported in American vessels. These discriminating duties, together with
+the law of 1792, which excluded foreign-built ships<span class='pagenum'><a name="Page_126" id="Page_126">[Pg 126]</a></span><span class='pagenum'><a name="Page_125" id="Page_125">[Pg 125]</a></span> from American
+registry, would have aided materially in the building of an American
+marine, even in less prosperous times. The registered tonnage engaged in
+foreign trade increased from 346,254 in 1790 to 718,549 in 1801; and in
+coast trade, from 103,775 to 246,255. Yet there was an artificial
+quality in this prosperity. "Temporary benefits were mistaken for
+permanent advantages," writes a contemporary; "so certain were the
+profits on the foreign voyages, that commerce was only pursued as an
+art; ... the philosophy of commerce, if I am allowed the expression, was
+totally neglected ... they [merchants] did not contemplate a period of
+general peace, when each nation will carry its own productions, when
+discriminations will be made in favour of domestic tonnage, when foreign
+commerce will be limited to enumerated articles, and when much
+circumspection will be necessary in all our commercial transactions."</p>
+
+<p>It cannot be said, either, that the American farmer studied the
+philosophy of agriculture. He owed his crops less to intelligent
+cultivation of the soil than to provident Nature in a new and untilled
+country. Both his methods and his implements were bad, and resulted in
+that land spoliation which has been the bane of American industry.
+"Agriculture in the South," said John Taylor, of Caroline, "does not
+consist so much in cultivating land as in killing it"; and the statement
+was scarcely less true when applied to the Northern farmer. The soil was
+rapidly exhausted by planting the same crop year after year, for it was
+easier to take up fresh land than to restore productivity to the old.
+Indeed, the comments<span class='pagenum'><a name="Page_127" id="Page_127">[Pg 127]</a></span> of foreign travelers at the close of the century
+suggest doubts as to whether the American farmer understood the
+importance of rotating his crops and of fertilizing his fields. The
+farming implements in use showed little of that mechanical ingenuity
+which is now characteristic of the American people. The plough was still
+a clumsy affair with heavy beam and handles, and wooden mould-board. The
+scythe, the sickle, and the flail were the same as their forbears had
+used for centuries.</p>
+
+<p>The demand of Europe for the food products of the Northern and Middle
+States obscured for a time the importance of cotton as an article of
+export. In 1790, South Carolina and Georgia, then the only
+cotton-growing States, produced less than two million pounds of inferior
+quality, none of which was exported. A decade later thirty-five million
+pounds were raised, one half of which was exported; and Virginia, North
+Carolina, and Tennessee had begun the cultivation. This sudden
+development was due to the invention of the cotton gin by Eli Whitney,
+in 1793. This machine facilitated the separation of the seed from the
+fiber of the short-staple variety of cotton, which alone could be
+profitably cultivated in the uplands, and thus made possible a vast
+extension of the area of cotton culture.</p>
+
+<p>The cotton gin came at an opportune moment for the Southern planters,
+since rice and indigo were declining in importance as exports, and their
+gangs of African slaves were likely to become a burden. They could now
+cultivate cotton under an extensive system of agriculture with large
+immediate profits.<span class='pagenum'><a name="Page_128" id="Page_128">[Pg 128]</a></span> Experience proved, however, that the system was
+extraordinarily wasteful, leading to a rapid exhaustion of the soil.
+This ever-recurring exhaustion of the soil and demand for new land was a
+potent cause of the incessant pressure of population into the virgin
+lands of the Southwest, in succeeding decades.</p>
+
+<p>The new President was the embodiment of the national life. Although he
+was tall of stature, he was not outwardly an impressive figure. His red,
+freckled face wore a frank, good-natured expression, but he lacked
+dignity and poise. "His whole figure has a loose, shackling air," wrote
+a contemporary. "A laxity of manner seemed shed about him ... even his
+discourse partook of his personal demeanor. It was loose and rambling."
+With his blue coat and red waistcoat, his green velveteen breeches, yarn
+stockings, and slippers down at the heels, he seemed to an English
+visitor, who saw him in 1804, "very much like a tall, large-boned
+farmer." Jefferson would have been the last to resent this epithet. No
+man had a more profound respect for tillers of the soil. Years before he
+had written: "Generally speaking, the proportion which the aggregate of
+the other classes of citizens bears in any State to that of its
+husbandmen is the proportion of its sound to its healthy parts, and is a
+good enough barometer whereby to measure its degree of corruption." He
+rejoiced in the agricultural possibilities of America. Could he have had
+his way, he would have made the republic, in the apt phrase of Mr. Henry
+Adams, "an enlarged Virginia&mdash;a society to be kept pure and free by the
+absence of complicated interests, by<span class='pagenum'><a name="Page_129" id="Page_129">[Pg 129]</a></span> the encouragement of agriculture
+and of commerce as its handmaid." He abhorred cities and factories, and
+dreaded the growth of a manufacturing and capitalist class.</p>
+
+<p>An agricultural society bent upon justice, Jefferson believed, could
+always protect itself against the aggressions of foreign nations. "Our
+commerce," he wrote soon after his inauguration, "is so valuable to
+them, that they will be glad to purchase it, when the only price we ask
+is to do us justice. I believe we have in our own hands the means of
+peaceable coercion." In this wise the United States would set an example
+to the world of a society democratically organized and capable of
+unlimited moral and physical progress.</p>
+
+<p>As the head of a party which had effected a revolution in government,
+Jefferson's first care was to reconcile his opponents to Republican
+rule. The inaugural address emphasized the principles upon which all
+republican governments must be based. It is often said that these
+principles might have been uttered by Washington with equal
+propriety&mdash;as good Federalist doctrine. This is to mistake the
+significance of the revolution which had occurred. A party had triumphed
+which Federalists firmly believed inimical to all government. The
+announcement that the fundamental principles to which all Americans were
+attached would guide the new Administration had a meaning which it would
+not have had if uttered by a Federalist President. So far did Jefferson
+lean in holding out the olive branch that he ran the risk of minimizing
+the revolution of 1800.<span class='pagenum'><a name="Page_130" id="Page_130">[Pg 130]</a></span> To say that "every difference of opinion is not
+a difference of principle. We are all Republicans, we are all
+Federalists," was to contradict his often expressed conviction that his
+party had saved the country from monarchy.</p>
+
+<p>Aside from such generalities as that wise government consists in
+restraining men from injuring one another and leaving them free to
+regulate their own pursuits, the inaugural address contains no
+declaration of purpose or policies. No such reticence marks Jefferson's
+private letters, which are, indeed, the best expression of his political
+philosophy. Nowhere is the governing purpose of his Administration
+stated more clearly than in a letter written just before his
+inauguration. "Let the general government be reduced to foreign concerns
+only, and let our affairs be disentangled from those of all other
+nations, except as to commerce, which the merchants will manage the
+better the more they are left free to manage for themselves, and our
+general government may be reduced to a very simple organization and a
+very unexpensive one,&mdash;a few plain duties to be performed by a few
+servants."</p>
+
+<p>The first and most troublesome task of the Administration was to select
+these few servants. Even in naming the heads of departments, the
+President experienced some embarrassment, for, while Madison accepted
+readily the Secretaryship of State and Albert Gallatin that of the
+Treasury, the naval portfolio went begging. Robert Smith, of Maryland,
+was finally persuaded to accept the post. Two New Englanders, Henry
+Dearborn and Levi Lincoln, became<span class='pagenum'><a name="Page_131" id="Page_131">[Pg 131]</a></span> Secretary of War and Attorney-General
+respectively. Far more difficult was the distribution of the lesser
+federal offices. Had Jefferson been free to follow his own inclination,
+he would probably have made few removals, even though such a course
+would have seemed somewhat inconsistent with his belief that Federalists
+were monarchists at heart. He yielded slowly and reluctantly to the
+demands of his partisans for their share of the offices; but he
+professed to look forward with joy to that state of things when the only
+questions concerning a candidate shall be, Is he honest? Is he capable?
+Is he faithful to the Constitution?</p>
+
+<p>The embarrassment of the President was all the greater because removals
+from office were likely to defeat his policy of conciliating the
+Federalists; and because the bestowal of offices was likely to alienate
+some local faction, as in New York, where the Clintons and the
+Livingstons were fighting the faction led by Burr. Once started on the
+policy of removal, the descent was easy. The point of equilibrium
+between the parties was soon passed. By the end of Jefferson's second
+term of office, the civil service was as preponderatingly Republican as
+it had been Federalist in 1800. It cannot be denied that Jefferson
+opened the door to the spoils system; but it should be stated also that
+he endeavored to make fitness a qualification for office. The charge
+that offices were given indiscriminately to "wild Irishmen" and French
+refugees, is not sustained by the facts. On the whole Jefferson's
+appointments were not inferior in character to those of his
+predecessors. The<span class='pagenum'><a name="Page_132" id="Page_132">[Pg 132]</a></span> vicious aspects of the spoils system did not appear
+for a generation.</p>
+
+<p>As an opposition party the Republicans had always declaimed vociferously
+against the powers wielded by the President. Jefferson sincerely wished
+to avoid what he termed the monarchical tendencies of his predecessors;
+and as an earnest of his intentions he abandoned not only levees but
+also the practice of addressing Congress in a speech, since Republicans
+held this custom a reprehensible imitation of the British speech from
+the throne. Yet with characteristic indirection, Jefferson assigned
+other reasons for substituting a written message for the usual personal
+address. "I have had principal regard," said he, "to the convenience of
+the Legislature, to the economy of their time, to their relief from the
+embarrassment of immediate answers, on subjects not yet fully before
+them, and to the benefits thence resulting to public affairs." It is
+highly probable that Jefferson had his own convenience also in mind, for
+he was not a ready nor an impressive speaker.</p>
+
+<p>The keynote of the reforms which the President suggested tactfully to
+Congress was economy. It was to effect a reduction of the debt, indeed,
+that Jefferson had called Gallatin to the head of the Treasury. Eight
+years later he wrote: "The discharge of the debt is vital to the
+destinies of our government; we shall never see another President and
+Secretary of the Treasury making all other objects subordinate to this."
+By laborious calculation Gallatin reached the conclusion that if
+$7,300,000<span class='pagenum'><a name="Page_133" id="Page_133">[Pg 133]</a></span> were set aside each year, the debt, principal and interest,
+could be discharged within sixteen years. But the party was clamoring
+for the reduction of taxes. The problem before the Secretary of the
+Treasury was how to accomplish these antithetical purposes. The most
+unpopular tax was unquestionably the excise. If this were cut out and
+the estimated appropriation for the reduction of the debt were made, the
+Government would be unable to live within its income. The only
+alternative was to reduce expenditures. It was at this point that
+Jefferson's "chaste reformation" of the government was to begin. Under
+the Federalist r&eacute;gime, in anticipation of war with France, the
+expenditures for the army and navy had mounted to six millions of
+dollars, nearly double the normal expenditure of those departments. All
+good Republicans would welcome a proposal to reverse the militant policy
+of the Federalists, which, indeed, the return of peace seemed to make
+unnecessary. It was agreed that the expenditures for the army and navy
+should be kept below two million dollars.</p>
+
+<p>Notwithstanding Jefferson's wish to avoid everything savoring of
+executive dictation, he could not abdicate his position as leader of his
+party. Throughout his first term, at least, he was the master mind
+directing the policies of the party, in ways which were not less
+effective because they were personal and indirect. The leadership in the
+House of Representatives, which then overshadowed the Senate, fell to
+Southern rather than to Northern Republicans. In close touch with the
+Speaker, Nathaniel Macon, of<span class='pagenum'><a name="Page_134" id="Page_134">[Pg 134]</a></span> North Carolina, and with the chairman of
+the Committee of Ways and Means, the eccentric John Randolph, of
+Roanoke, the Administration scored comparatively easy victories over the
+Federalists on matters of financial policy.</p>
+
+<p>The repeal of the Judiciary Act of 1801 was the second task which the
+President laid upon the shoulders of Congress. No act of the outgoing
+Administration had given greater offense. Jefferson expressed a general
+impression when he declared that the Federalists, driven from the
+legislative and executive branches of the Government, had retreated into
+the judiciary as their stronghold. "There the remains of federalism are
+to be preserved and fed from the Treasury; and from that battery all the
+works of republicanism are to be beaten down and destroyed." But no
+suggestion of this animus toward the Federalist judges appeared in the
+studied moderation of the President's message. The President contented
+himself with presenting a record of the causes decided by the courts, in
+order that Congress might "judge of the proportion which the institution
+bears to the business it has to perform."</p>
+
+
+<div class="figcenter" style="width: 550px;">
+<a name="il12" id="il12"></a>
+<a href="images/i12.jpg"><img src="images/i12-thumb.jpg" width="550" height="791"  alt="Vote on Repeal of the Judiciary Act House of
+Representatives March 2, 1802" title="" /></a>
+</div>
+
+<p>Taking their cue from the President, the Republican leaders in Congress
+urged the repeal of the Judiciary Act on the ground that the new courts
+had not justified their existence. Republican economy required that
+unnecessary, and therefore improper, institutions should be abolished.
+Certain bolder spirits like William Giles, of Virginia, however, frankly
+admitted a fear of the "ultimate censorial and controlling power" of the
+courts over all the<span class='pagenum'><a name="Page_135" id="Page_135">[Pg 135]</a></span> departments of the Government&mdash;a control "over
+legislation, execution, and decision, and irresponsible to the people."
+In the background of the active mind of this Virginian was hostility to
+the new courts "because of their tendency to produce a gradual
+demolition of State Courts." If this last were the real reason for the
+repeal of the act, consistency should have led the Republicans to revise
+the whole judiciary system from the Supreme Court down. But for such
+radical action few, if any, were prepared. The repealing act passed the
+House by a party vote of fifty-nine to thirty-two, and was signed by the
+President on March 8, 1802.</p>
+
+<p>In the course of the acrimonious debate over the judiciary, Federalists
+had challenged the constitutional right and power of Congress to vacate
+the judgeships, asserting that the plain intent of the Constitution is
+to place the judges beyond the power of Congress by prescribing a tenure
+of office during good behavior. The challenge was disquieting, for with
+John Marshall on the bench of the Supreme Court, the Republican
+reformation of the courts might be brought to naught by an adverse
+decision. A supplementary act was therefore passed which prevented the
+Supreme Court from holding its usual session. It was hoped that when the
+court met in the following year, Federalist partisanship would have lost
+its violence.</p>
+
+<p>Two obnoxious acts of the late Administration&mdash;the Alien and the
+Sedition Acts&mdash;had expired by limitation. Congress suffered the Alien
+Enemies Act to remain upon the statute book, but insisted upon<span class='pagenum'><a name="Page_136" id="Page_136">[Pg 136]</a></span> the
+repeal of the Naturalization Act of the year 1798. The time of residence
+required of aliens before they could acquire citizenship was again fixed
+at five years. With these rather meager performances, the reforms of the
+Republicans came to an end.</p>
+
+<p>Perhaps none of the last appointments of John Adams had so exasperated
+his successor as that of John Marshall as Chief Justice of the Supreme
+Court. Jefferson had an invincible repugnance for Marshall; and the
+feeling was cordially reciprocated. Between these men there were
+temperamental differences as wide as the ocean. Moreover, Jefferson
+entertained the belief that all appointments made by Adams after the
+results of the election were known were nullities, on the theory that a
+retiring President might not bind his successor. Two years later, in
+1803, in the famous case of <i>Marbury</i> v. <i>Madison</i>, the Supreme Court,
+speaking through the Chief Justice, took sharp issue with the President.
+William Marbury had applied to the court for a <i>mandamus</i> to compel
+Madison, Secretary of State, to deliver his commission as justice of the
+peace, which, it was alleged, had been duly signed and sealed, but never
+delivered. The Supreme Court held that Marbury was entitled to his
+commission. "To withhold his commission, therefore," said Marshall, "is
+an act deemed by the Court not warranted by law, but violative of a
+legal vested right." Let President Thomas Jefferson take notice of his
+constitutional obligations.</p>
+
+<p>The case of <i>Marbury</i> v. <i>Madison</i>, however, has a much deeper
+significance for constitutional history.<span class='pagenum'><a name="Page_137" id="Page_137">[Pg 137]</a></span> Having asserted the right of
+Marbury to his commission, the court disappointed expectations by
+refusing to issue the writ of <i>mandamus</i>, on the ground that the power
+to issue such writs was not conferred by the Constitution upon the
+Supreme Court as part of its original jurisdiction. And as the Judiciary
+Act of 1789 had conferred this authority, the court was impelled to
+declare this provision of the act unwarranted by the Constitution and
+therefore void. For the first time the Supreme Court asserted its power
+to pronounce an act of Congress repugnant to the Constitution not to be
+law, but void and of no effect. In substantiating its position, the
+court did not inquire into the difficult question whether the framers of
+the Constitution intended or expected the national judiciary to exercise
+this authority. It was enough for the purposes of the court that the
+Constitution was the supreme and paramount law of the land, established
+by the people of the United States. The Constitution defines and limits
+the powers of government it must then control any legislative act
+repugnant to it. "Certainly all those who have framed written
+constitutions contemplate them as forming the fundamental and paramount
+law of the nation, and, consequently, the theory of every such
+government must be, that an act of the legislature, repugnant to the
+constitution, is void."</p>
+
+<p>With equal certitude the court declared that it was the province and
+duty of the judiciary to say what the law is. "Those who apply the rule
+to particular cases, must of necessity expound and interpret that rule.
+If two laws conflict with each other,<span class='pagenum'><a name="Page_138" id="Page_138">[Pg 138]</a></span> the courts must decide on the
+operation of each." So if a law stood in opposition to the Constitution,
+the court must decide which of these conflicting rules governs the case.
+"This is of the very essence of judicial duty." Moreover, the judges may
+not shut their eyes to the Constitution and see only the law, for they
+are bound by oath to administer justice not according to the laws alone,
+but "agreeably to the Constitution and the laws of the United States."
+"Thus, the particular phraseology of the Constitution of the United
+States confirms and strengthens the principle, supposed to be essential
+to all written constitutions, that a law repugnant to the Constitution
+is void; and that courts, as well as other departments, are bound by
+that instrument."</p>
+
+<p>On two other occasions the hostility of the Republican Administration
+provoked a trial of strength with the Federalist judiciary. The
+impeachment in 1804 of John Pickering, District Judge in New Hampshire,
+on charges of intoxication and habits unfitting him for his duties,
+amounted to little short of a tragedy. When the trial opened, Judge
+Pickering did not appear, but representations made by his son showed
+beyond a doubt that he was and had been for two years of unsound mind.
+To convict a man of misdemeanors for which he was not morally
+responsible seemed a travesty on justice. Yet there was no other
+constitutional device for removing him. Though Pickering never appeared
+in person, the managers for the House pressed the prosecution; and
+rather than leave the administration of justice to a demented judge, the
+Senate pronounced the unhappy<span class='pagenum'><a name="Page_139" id="Page_139">[Pg 139]</a></span> man "guilty as charged," and resolved
+that he should be removed from office.</p>
+
+<p>On the same day that the Senate reached this monstrous decision, March
+12, 1804, the House voted to impeach Justice Samuel Chase, of the
+Supreme Court. While the defiant words of Chief Justice Marshall in the
+Marbury case were still rankling in Jefferson's bosom, Justice Chase had
+gone out of his way to attack the Administration, in addressing a grand
+jury at Baltimore. The repeal of the Judiciary Act, he had declared, had
+shaken the independence of the national judiciary to its foundations.
+"Our republican Constitution," said he, "will sink into a mobocracy&mdash;the
+worst of all possible governments." To appreciate the effect of this
+partisan outburst upon the President, one must recall that Chase was the
+judge who had presided at the trials of Fries and of Callender, and who
+had left the bench to electioneer for John Adams in the campaign of
+1800. Jefferson immediately wrote to Nicholson, who was managing
+Pickering's impeachment, raising the question whether "this seditious
+and official attack on the principles of our Constitution" ought to go
+unpunished.</p>
+
+<p>Such was Jefferson's way of initiating the measures of the
+Administration. His supporters in the House were not over-eager to take
+up the gauntlet, but as usual the wishes of the President prevailed. The
+management of the impeachment of Chase fell to John Randolph, who was as
+ill-fitted by temperament for the difficult task as a man could be.
+Instead of impeaching Chase for his indiscretion at<span class='pagenum'><a name="Page_140" id="Page_140">[Pg 140]</a></span> Baltimore, Randolph
+dragged into the indictment his conduct on the bench during the trials
+of Fries and of Callender, and certain errors in law which he was
+alleged to have committed. The effect of these latter items was to range
+all the bench on the side of Chase, for if a mere mistake in judgment
+was a proper ground of impeachment, no judge was safe in his tenure.
+Justice Chase secured some of the best legal talent in the country to
+conduct his defense; and the trial assumed from the outset a spectacular
+character from the personalities involved.</p>
+
+<p>The managers of the impeachment were far from consistent in their
+conception of the nature of impeachable offenses. Randolph, Campbell,
+and Giles held that an impeachment was "a kind of inquest into the
+conduct of an officer merely as it regards his office," rather than a
+criminal prosecution. A judge, in short, might be removed for a mistake
+in the administration of the law. Nicholson rejected this theory,
+contending that impeachment was essentially a criminal prosecution which
+aimed at not only the removal but also the punishment of the offender.
+Yet the managers had not specified any offense which could be called a
+"high crime" or "misdemeanor" within the meaning of the Constitution.
+The counsel for Justice Chase, on the other hand, held consistently to
+the position that a judge might not be impeached or removed from office
+for anything short of an indictable offense, an offense indictable under
+the known law of the land.</p>
+
+<p>From the first, the legal counsel for the accused<span class='pagenum'><a name="Page_141" id="Page_141">[Pg 141]</a></span> were more than a
+match for the managers. Randolph's erratic course culminated in an
+impassioned but incoherent speech which closed the argument for the
+prosecution and left the outcome hardly in doubt. Not one of the
+articles of impeachment received the two-thirds majority which was
+necessary to convict. The eighth article, which touched upon the real
+provocation for the trial,&mdash;the harangue at Baltimore,&mdash;received the
+highest vote; but nearly one fourth of the Republican Senators refused
+to sustain the managers. The acquittal of Chase was, therefore, a
+judgment against Randolph. He never recovered his lost prestige as the
+leader of his party in the House. Jefferson could accept Randolph's
+downfall with equanimity, but not the failure of the impeachment. Years
+afterward he wrote, bitterly that impeachment was "an impracticable
+thing, a mere scarecrow." From this time on, said he, the judges held
+office without any sense of responsibility, led "by a crafty chief-judge
+who sophisticates the law to his mind by the turn of his own reasoning."</p>
+
+
+<p class="subhead2">BIBLIOGRAPHICAL NOTE</p>
+
+<div class="blockquot"><p>Although the general histories contain much that is important for
+an understanding of the administrations of Jefferson, the
+authority <i>par excellence</i> is Henry Adams, <i>History of the United
+States of America</i> (9 vols., 1889-91). Chapters <span class="smcap">I-VI</span> of the first
+volume contain an excellent description of American society about
+1800; but for the details of social and economic life the reader
+will turn to McMaster. A briefer account of the Jeffersonian
+r&eacute;gime may be found in Channing, <i>The Jeffersonian System,
+1801-1811</i> (in <i>The American Nation</i>, vol. 12, 1906). Henry Adams
+has also contributed two biographies to this period: <i>Life of
+Albert Gallatin</i> (1878), and <i>John Randolph</i>(1882). The Federalist
+point of view<span class='pagenum'><a name="Page_142" id="Page_142">[Pg 142]</a></span> is admirably presented in S. E. Morison, <i>The Life
+and Letters of Harrison Gray Otis</i> (2 vols., 1913). The larger
+biographies of Jefferson are: H. S. Randall, <i>Life of Thomas
+Jefferson</i> (3 vols., 1858), commonly referred to as the standard
+biography, though exceedingly partisan; G. Tucker, <i>Life of Thomas
+Jefferson</i> (2 vols., 1837); and James Parton, <i>Life of Thomas
+Jefferson</i>(1874).</p></div>
+
+
+
+<hr style="width: 65%;" />
+<p><span class='pagenum'><a name="Page_143" id="Page_143">[Pg 143]</a></span></p>
+<p class="subhead1"><a name="CHAPTER_VIII" id="CHAPTER_VIII"></a>CHAPTER VIII</p>
+
+<p class="subhead2">THE PURCHASE OF THE PROVINCE OF LOUISIANA</p>
+
+
+<p>Not a war cloud was in the sky when Jefferson took the oath of office.
+The European calm, to be sure, proved to be only a lull in the tempest
+of war which was to rage fifteen years longer; but no man could have
+cast the horoscope of Europe in that age of storm and stress. The times
+seemed auspicious for the Republican program of retrenchment and
+economy. Jefferson was so sanguine of continued peace that he would have
+been glad to lay up all seven of the frigates which then constituted the
+navy in the eastern branch of the Potomac, where "they would be under
+the immediate eye of the department, and would require but one set of
+plunderers to take care of them." Peace was his passion, he frankly
+avowed. He would have been glad to banish all the paraphernalia of war.
+Yet within three months the United States was at war with an
+insignificant Mediterranean power and menaced by France from an
+unexpected quarter.</p>
+
+<p>Early in the spring of 1801, the Pasha of Tripoli, one of the Barbary
+powers which for years had preyed upon the commerce of the
+Mediterranean, declared war upon the United States by cutting down the
+flagstaff at the residence of the American consul. European states had
+purchased immunity for their commerce<span class='pagenum'><a name="Page_144" id="Page_144">[Pg 144]</a></span> by paying tribute to these
+rapacious pirates; and the United States had followed the custom. The
+Pasha of Tripoli, however, was dissatisfied with the American tribute, a
+paltry eighty-three thousand dollars, and demanded more. The other
+Barbary powers threatened to make common cause with him. Anticipating
+trouble, Jefferson had sent a small squadron to the Mediterranean even
+before the dramatic act of the Pasha at the American consulate; and
+hostilities began on August 1 with the capture of a corsair by the
+schooner Enterprise. Therewith Jefferson's dreams of a navy for coast
+defense only vanished in thin air.</p>
+
+<p>Contrary to all expectations, the Tripolitan War dragged on for four
+years, causing the peace-loving Administration no end of embarrassment.
+So far from reducing expenditures, Gallatin was obliged to devise new
+ways and means for an ever-increasing naval force. An additional duty of
+two and one half per cent was laid on all imports which paid an <i>ad
+valorem</i> duty, and the proceeds were kept as a separate treasury
+account. The Administration was sensitive to the charge that it was
+guilty of the very crime which it had accused the Federalists of
+committing&mdash;"taxing the industry of our fellow citizens to accumulate
+treasure for war." With superior wisdom and a higher sense of popular
+responsibility, the Republicans, so the argument ran, were establishing
+a "Mediterranean Fund," so that the people might know in detail just
+what was collected and spent for war purposes.</p>
+
+<p>Tales of individual daring go far to relieve the<span class='pagenum'><a name="Page_145" id="Page_145">[Pg 145]</a></span> tedious record of
+ineffective blockades and bombardments during the war. Two exploits left
+an imperishable memory in the minds of contemporaries&mdash;Lieutenant
+Stephen Decatur's destruction of the captured frigate Philadelphia,
+under the guns of the forts in the harbor of Tripoli; and the tragic
+death of Lieutenant Richard Somers and the crew of the Intrepid, as they
+were about to blow up the Tripolitan gunboats in the harbor. These deeds
+of heroic adventure created the very last thing that Jefferson desired,
+something closely akin to an <i>esprit de corps</i> in the new navy.</p>
+
+<p>It was not so much the onslaughts of Commodore Preble's gunboats,
+however, as an unexpected attack on his eastern frontier which brought
+the Pasha to terms. His exiled brother, Hamet Caramelli, had fallen in
+with an American adventurer by the name of Eaton, who persuaded him to
+join an expedition against their common enemy. With a motley army they
+marched across the desert from Egypt and fell upon the outlying domains
+of the Pasha. That astute monarch then yielded to persuasion. On June 3,
+1805, with many protestations that he was being subjected to humiliating
+terms, he agreed to live on terms of peace with the United States and
+renounce all claim to tribute; but his injured feelings were salved by a
+ransom of sixty thousand dollars for the crew of the Philadelphia. The
+Pasha's brother was rewarded with a pension of two hundred dollars a
+year.</p>
+
+<p>At the same moment that hostilities broke out in the Mediterranean,
+Jefferson heard disquieting news from France. "There is considerable
+reason to apprehend,"<span class='pagenum'><a name="Page_146" id="Page_146">[Pg 146]</a></span> he wrote to Monroe, on May 26, 1801, "that Spain
+cedes Louisiana and the Floridas to France. It is a policy very unwise
+in both, and very ominous to us." What Jefferson apprehended was,
+indeed, an accomplished fact. On October 1, 1800, the day after Joseph
+Napoleon, in the name of his brother, set his hand to the Treaty of
+Morfontaine, which restored amicable relations between France and the
+United States, General Berthier under instructions from Napoleon signed
+at Ildefonso a treaty which restored Louisiana to France. In effect, as
+Mr. Henry Adams says, the second treaty undid the work of the first.</p>
+
+<p>The retrocession of Louisiana, long desired and sought by the Directory,
+was regarded by Talleyrand as a diplomatic triumph of first magnitude.
+The price, easily paid by one who held Italy under his iron heel, was a
+kingdom in Tuscany for the young Duke of Parma, nephew and son-in-law of
+Charles IV of Spain. The gateway to this vast province was New Orleans,
+and the avenue of approach lay by way of Santo Domingo, once an
+important French colony, but now under the rule of Toussaint
+L'Ouverture. Before Talleyrand's dream of a revived colonial empire in
+the heart of the North American continent could be realized, this
+"gilded African" must be removed and Santo Domingo restored to its
+former position as the center of the French West Indies. The conquest of
+a negro republic surely could not be a difficult undertaking for one who
+had humbled Austria on the battlefields of northern Italy. In November,
+1801, Napoleon dispatched Leclerc with<span class='pagenum'><a name="Page_147" id="Page_147">[Pg 147]</a></span> an army of ten thousand men to
+recover Santo Domingo.</p>
+
+<p>Jefferson was thoroughly alarmed at the news of Leclerc's expedition.
+"Every eye in the United States," he wrote, "is now fixed on this affair
+of Louisiana. Perhaps nothing since the Revolutionary War has produced
+more uneasy sensations through the body of the nation." No discerning
+man could mistake the significance of the expedition; the French troops
+would proceed to Louisiana after finishing their work in Santo Domingo.
+The retrocession of Louisiana, in short, as Jefferson said, completely
+reversed all the political relations of the United States. Hitherto,
+from the Republican point of view, France had been our natural friend.
+Henceforth, as the possessor of New Orleans, through which three eighths
+of the produce of the West passed to market, she became a natural and
+habitual enemy. "France placing herself in that door," wrote Jefferson
+to Livingston, "assumes to us the attitude of defiance. The impetuosity
+of her temper, the energy and restlessness of her character, placed in a
+point of eternal friction with us, and our character, ... these
+circumstances render it impossible that France and the United States can
+continue long friends when they meet in so irritable a position.... The
+day that France takes possession of New Orleans fixes the sentence which
+is to restrain her forever within her low-water mark. It seals the union
+of two nations who in conjunction can maintain exclusive possession of
+the ocean. From that moment we must marry ourselves to the British fleet
+and nation."<span class='pagenum'><a name="Page_148" id="Page_148">[Pg 148]</a></span></p>
+
+<p>Even as he expressed his apprehensions to Livingston, then Minister to
+France, Jefferson suggested ways and means for averting the clash of
+conflicting interests. If France was bent on possessing and holding
+Louisiana, might she not make concessions for the sake of retaining the
+friendship of the United States? Livingston was to sound the French
+Government to ascertain whether it would entertain the idea of ceding
+the Island of New Orleans and the Floridas. "We should consider New
+Orleans and the Floridas as equivalent for the risk of a quarrel with
+France produced by her vicinage," he assured Livingston.</p>
+
+<p>What the Western world had to fear from the French occupation of
+Louisiana appeared in November, 1802, when Governor Claiborne, of the
+Mississippi Territory, reported that the right of deposit at New Orleans
+had been withdrawn. The act, to be sure, was that of the Spanish
+intendant, but every one believed that it had been incited by France.
+The people of the Western waters, particularly in Tennessee and
+Kentucky, were outraged and demanded instant war against the aggressor.
+Even in Congress a war party raised its head. During all this popular
+clamor the self-restraint of the Administration was admirable. The
+annual message ignored the existence of the war party and referred to
+the cession of Louisiana in colorless language worthy of Talleyrand.</p>
+
+<p>The Administration was not, however, without a well-considered policy.
+In January, at the instance of party leaders, an appropriation of two
+million<span class='pagenum'><a name="Page_149" id="Page_149">[Pg 149]</a></span> dollars was voted by Congress "to defray any expenses in
+relation to the intercourse between the United States and foreign
+nations"; and James Monroe was appointed Minister Extraordinary to
+France and Spain, to aid Livingston and Pinckney in "enlarging and more
+effectually securing our rights and interests in the river Mississippi
+and in the territories eastward thereof."</p>
+
+<p>Meantime, Napoleon's colonial schemes had received a decisive check. The
+transfer of Louisiana had been delayed by the opposition of Godoy, who
+had returned to royal favor in Spain; Leclerc's invading army had been
+worn away by the attrition of incessant war with the negroes; a second
+army had been decimated by yellow fever; and finally Leclerc himself had
+succumbed to the dread destroyer, leaving the remnants of the French
+troops to their fate. Without the most extraordinary exertions, Santo
+Domingo was lost; and what was Louisiana without the island which was
+the very heart of the projected colonial system? The First Consul was
+almost ready to abandon a project which after all had originated in
+Talleyrand's brain rather than in his own. What he sought was a fair
+pretext to cover his retreat from failure.</p>
+
+<p>Livingston plied the French Ministers with arguments to prove that it
+was good policy to put the Americans in possession of the Island of
+Orleans. One day, while he was repeating the old story, Talleyrand
+suddenly asked what he would give for the whole of Louisiana. For the
+moment Livingston was nonplussed, and declined to make any offer.
+Talleyrand<span class='pagenum'><a name="Page_150" id="Page_150">[Pg 150]</a></span> repeated his question and Livingston replied that twenty
+millions of francs would be a fair price, if France would pay the
+spoliation claims of American citizens since the Treaty of 1800.
+Talleyrand demurred: the sum was too small. Thereupon Livingston
+promised to advise with Monroe who was expected soon.</p>
+
+<p>Monroe, as it happened, arrived on this very day. On the following day
+Livingston learned casually from Marbois, a minister who stood very
+close to the First Consul, that Napoleon had named a hundred million
+francs and the payment of the American spoliation claims as the price of
+Louisiana. Further conversation elicited the information that Napoleon
+would consider an offer of sixty million francs with claims amounting to
+twenty millions more. For a fortnight the two envoys, at the risk of
+losing everything, sought to secure better terms. But the First Consul
+would not abate his demands. On May 2, 1803, Livingston and Monroe set
+their signatures to a treaty by which Napoleon agreed to sell a province
+of which he was not in possession and which he had contracted never to
+alienate. The price to be paid was the sum last named, amounting in
+American figures to $11,250,000. The amount of outstanding claims which
+the United States agreed to assume was estimated at $3,750,000. After
+signing his name to the treaty, Livingston rose and shook hands with
+Monroe and Marbois. "We have lived long," he said with emotion, "but
+this is the noblest work of our lives."</p>
+
+<p>In less exalted moments, Livingston and Monroe<span class='pagenum'><a name="Page_151" id="Page_151">[Pg 151]</a></span> may well have
+experienced some disquietude at what they had done. The instructions
+given to Monroe contemplated no more extensive purchase than New Orleans
+and West Florida, at a sum not exceeding $10,000,000. The envoys had set
+out to purchase a tract of land which controlled the delta of the
+Mississippi they had acquired an empire beyond the Mississippi whose
+limits they did not know, at a price which exceeded their allowance by
+$5,000,000. Besides, it was not at first believed that West Florida was
+included in this purchase. Livingston was keenly disappointed, until on
+narrower examination he found, in the words of the treaty, evidence
+which satisfied him that France&mdash;to quote Mr. Henry Adams&mdash;"had actually
+bought West Florida without knowing it and had sold it to the United
+States without being paid for it." The words on which he founded his
+theory were those which retroceded Louisiana "with the same extent as it
+now has in the hands of Spain, and that it had when France possessed it,
+and such as it should be according to the treaties subsequently entered
+into between Spain and the other States." Monroe soon adopted
+Livingston's view and pressed it upon the President.</p>
+
+<p>The news of the purchase of Louisiana reached the United States in the
+latter part of June and occasioned much rejoicing among stanch
+Republicans of the Middle and Southern States. The people east of the
+Alleghanies were densely ignorant about this Spanish province, but they
+sensed in a vague way that its possession by a power like France would
+have dragged the United States into the maelstrom<span class='pagenum'><a name="Page_152" id="Page_152">[Pg 152]</a></span> of European politics.
+The Federalists of the Eastern States looked askance at this as at every
+act of the Administration of Thomas Jefferson, without knowing anything
+about this vast domain beyond the Mississippi. The President himself was
+not much better informed about Louisiana. In a report to Congress he
+undertook to put together such information as he could cull from books
+of travel and pick up by hearsay. His credulity led him into some
+amazing statements. A thousand miles up the Missouri, he stated soberly,
+there was a salt mountain, one hundred and eighty miles long and
+forty-five miles in width, composed of solid rock salt, without any
+trees or even shrubs on it. He would not have believed the tale but for
+the testimony of travelers who had shown specimens of the salt to the
+people of St. Louis. Federalist newspapers made merry over the
+President's discovery. "Can this be Lot's wife?" asked one editor.</p>
+
+<p>But Jefferson had already taken steps to dispel general ignorance about
+the Far West. Securing from Congress an appropriation for an expedition
+among the Missouri Indians, ostensibly to extend the external commerce
+of the United States, he commissioned his private secretary, Meriwether
+Lewis, and William Clark, brother of George Rogers Clark, to undertake
+one of the most important explorations in American annals. With a body
+of picked men, Lewis and Clark made their way to the upper waters of the
+Missouri, and passed the winter of 1804-05 among the Mandans. In the
+following spring and summer they crossed the Rocky Mountains to the<span class='pagenum'><a name="Page_153" id="Page_153">[Pg 153]</a></span>
+waters of the Columbia. Here they spent a second winter, and then began
+their arduous return, by way of the Great Divide, the Yellowstone River,
+and the Missouri, to St. Louis. The journals of the members of this
+expedition are a remarkable record of personal adventures and scientific
+observations. It was not until 1814, however, that the details of this
+expedition were given to the public.</p>
+
+<p>Meantime, Lieutenant Zebulon Montgomery Pike had won immediate fame by
+publishing an account of two thrilling expeditions into the Far West. On
+the first expedition Pike traced the upper course of the Mississippi
+almost to its source; on the second, begun soon after his return to St.
+Louis in 1806, he followed the course of the Arkansas to the peak which
+bears his name. His attempt to explore the headwaters of the Rio Grande,
+which he mistook for the Red River, led to his capture by the Spanish
+authorities. After a roundabout journey through Mexico and Texas, he was
+released on the Louisiana frontier.</p>
+
+<p>Unexpected as the acquisition of Louisiana was to the Administration,
+President Jefferson was quick to appreciate the vast importance of the
+province to the United States. "Giving us the sole dominion of the
+Mississippi," he wrote, "it excludes those bickerings with foreign
+powers, which we know of a certainty would have put us at war with
+France immediately: and it secures to us the course of a peaceable
+nation." At the same time he was equally quick to see that the
+acquisition would give "a handle to the malcontents." To his intimates
+he avowed with<span class='pagenum'><a name="Page_154" id="Page_154">[Pg 154]</a></span> the utmost frankness that the Administration had
+exceeded its constitutional powers. The Constitution, he conceived, did
+not contemplate the acquisition of territory not included within the
+limits fixed by the Treaty of 1783. Yet he was firmly convinced of the
+practical necessity of ratifying the treaty of purchase. The only way
+out of the dilemma, he thought, was frankly "to rely on the nation to
+sanction an act done for its great good, without its previous
+authority."</p>
+
+<p>Never doubting that so benevolent a purpose would be cordially approved,
+Jefferson drafted an amendment to the Constitution authorizing the
+acquisition of Louisiana and providing for its government. To his
+surprise, leading Republicans received his proposal with indifference,
+not to say with coolness. Nicholas thought that the power to acquire
+territory by treaty might fairly be inferred from the Constitution, and
+advised the President not to run the risk of turning the Senate against
+the treaty by raising constitutional scruples. In much distress of
+spirit Jefferson replied that to assume by free construction the power
+to acquire territory was to make blank paper of the Constitution. If the
+treaty-making power could be stretched in this fashion, then there was
+no limit to its extent. But finding that his party did not share his
+scruples, Jefferson abandoned his amendment to the Constitution,
+"confiding that the good sense of our country will correct the evil of
+construction when it shall produce ill effects." Hamilton in all the
+pride of triumphant Federalism had never gone further than this.<span class='pagenum'><a name="Page_155" id="Page_155">[Pg 155]</a></span></p>
+
+<p>The debates in Congress over the treaty are full of interest to the
+student of constitutional law. The treaty fairly bristled with
+controversial points. The exigencies of politics played havoc with
+consistency. Parties seemed to have changed sides. Federalists borrowed
+state-rights arguments without a tremor; and Republicans employed the
+language of centralization with Federalist facility. Federalists from
+New England looked beyond the immediate issue and discerned the
+inevitable economic as well as political consequences of westward
+expansion. The men who would have naturally populated the vacant lands
+of Maine, New Hampshire, and Vermont would inevitably seek this "new
+paradise of Louisiana," observed a New England pamphleteer. Jeffersonian
+Democracy rather than Federalism would become the creed of these
+transplanted New Englanders, if Ohio were a fair example of future
+Western Commonwealths. Moreover, as these new States would in all
+probability enter the Union as slaveholding communities, they would
+further impair the influence of the Eastern States in the National
+Government. Even the remnant of the Federalist party in the South
+opposed the purchase of Louisiana, fearing that the Atlantic States
+would be depressed in influence by the formation of great States in the
+West.</p>
+
+<p>Upon one great constitutional principle, both Federalists and
+Republicans were disposed to agree: that the United States had the power
+to acquire foreign territory, either by treaty or conquest. Senator
+Tracy, of Connecticut, conceded this point, but<span class='pagenum'><a name="Page_156" id="Page_156">[Pg 156]</a></span> denied that the
+inhabitants of an acquired territory could be admitted into the Union
+and be made citizens by treaty. In providing that "the inhabitants of
+the ceded territory shall be incorporated in the Union," the
+Administration had exceeded its constitutional authority. The consent of
+all the States was necessary to admit into the Union. Senator Pickering,
+of Massachusetts, held the same view. "I believe the assent of each
+individual State to be necessary," said he, "for the admission of a
+foreign country as an associate in the Union, in like manner as in a
+commercial house the consent of each member would be necessary to admit
+a new partner into the company." To this line of argument, Taylor, of
+Virginia, replied that the words of the treaty did not contemplate the
+erection of the ceded territory as a State, but its incorporation as a
+Territory.</p>
+
+<p>On October 17, 1803, the Senate ratified the treaty by a vote
+of twenty-four to seven. Two constitutional principles seemed,
+therefore, to be decided: the Government had a constitutional
+right to acquire foreign territory; and the treaty-making power could
+incorporate&mdash;whatever that expression might mean&mdash;such territory into
+the Union. A third matter of policy had yet to be determined: what
+powers had Congress over the new territory? Two courses lay open, either
+to make Louisiana a part of the "territory" which the Constitution gives
+Congress power to "dispose of," or to hold the province as a dependency
+apart from other organized Territories. The provisional act which
+Congress adopted pointed in this latter direction, since it authorized
+the President<span class='pagenum'><a name="Page_157" id="Page_157">[Pg 157]</a></span> to take possession of the province and concentrated all
+powers, civil and military, in the hands of agents to be appointed by
+him. When objection was made that such despotic authority was
+incompatible with the Constitution, Rodney, of Maryland, declared in the
+House of Representatives that Congress had a power in the Territories
+which it could not exercise in the States, and that the limitations of
+power found in the Constitution were applicable to States and not to
+Territories. The Republicans were making rapid progress in learning the
+vocabulary of Federalism.</p>
+
+<p>It is one of the ironies of history that the province over which parties
+battled with so much display of legal profundity was not yet in the
+possession of the First Consul. Six months after the ratification of the
+treaty, in the old Cabildo at New Orleans, Laussat received from the
+Spanish governor the keys of the city and took possession of the
+province in the name of his master. For twenty days the Tricolor floated
+over the Place d'Armes, emblem of the shadowy French tenure. On December
+2, it, in turn, gave place to the Stars and Stripes, as Louisiana passed
+into the hands of the last of its rulers, the puissant young republic.</p>
+
+<p>In the following year Congress divided the province, giving to the
+southern part, the Territory of Orleans, which contained most of the
+inhabitants, a separate territorial government, and annexing the
+sparsely settled upper part to the Indiana Territory. The Act of 1804
+was roundly abused because it gave to the President the appointment of
+all officers in<span class='pagenum'><a name="Page_158" id="Page_158">[Pg 158]</a></span> the Territory of Orleans, even the appointment of the
+legislative council of thirteen. By the treaty, it was pointed out, the
+inhabitants of Louisiana were guaranteed all "the rights, advantages,
+and immunities of citizens of the United States." Was not representative
+government one of these privileges? The obvious answer was the
+unpreparedness of the Spanish inhabitants for Anglo-American
+institutions. To the Western American who floated down the Mississippi,
+past the cotton-fields and sugar plantations cultivated by African
+negroes, and who landed his cargo on the levee at New Orleans, among the
+motley throngs, province and city seemed like a foreign country, and the
+inhabitants aliens in speech and habits. From the buildings, with their
+many arcades and balconies and varied coloring, to the courts of law
+where the Code Napol&eacute;on, introduced by Laussat, added confusion to the
+Spanish law, the atmosphere of New Orleans was that of a city of the Old
+World, where one civilization was superimposed upon an older. Men bred
+in the traditions of the English law might reasonably doubt whether the
+people of Louisiana were ready for self-government.</p>
+
+<p>Before the new territorial government could be organized, a remonstrance
+had been drawn up by the people of Louisiana and forwarded by three
+commissioners with all possible dispatch to Washington. In the following
+year (1805), Congress so far yielded to the complaints of the people of
+Louisiana as to authorize an elective assembly and to hold out the
+promise of eventual statehood.</p>
+
+<p>But what were the bounds of Louisiana? No one<span class='pagenum'><a name="Page_159" id="Page_159">[Pg 159]</a></span> knew with certitude. The
+letters of Livingston and Monroe had convinced Jefferson that Louisiana
+included at least West Florida, and for two years he sought by every
+diplomatic device to wrest from Spain a confirmation of this shadowy
+title. That Spain did not intend to cede West Florida and that France
+had no expectation of receiving it seems clear enough from the
+instructions to Laussat. What he handed over to the American
+representative was Louisiana, with the Rio Bravo and the Iberville as
+boundaries. With some show of right, Jefferson might have occupied
+Texas; he preferred, however, to chase his phantom claim to Florida. For
+Texas nobody then cared, but the Floridas were coveted by Southern
+planters.</p>
+
+<p>In a letter written soon after the signing of the Louisiana Treaty,
+Robert Livingston relates a suggestive conversation which he had with
+Talleyrand. "What are the eastern bounds of Louisiana?" asked Livingston
+rather naively. "I do not know," replied Talleyrand; "you must take it
+as we received it." "But what did you mean to take?" Livingston
+insisted. "I do not know," was the reply. "Then you mean that we shall
+construe it our own way?" "I can give you no direction," replied the
+astute Frenchman. "You have made a noble bargain for yourselves, and I
+suppose you will make the most of it."</p>
+
+
+<p class="subhead2">BIBLIOGRAPHICAL NOTE</p>
+
+<div class="blockquot"><p>The history of the Barbary Wars is well told by G. W. Allen, <i>Our
+Navy and the Barbary Corsairs</i>(1905), and by C. O. Paullin,
+<i>Commodore John Rodgers</i>(1910). The investigations of Henry<span class='pagenum'><a name="Page_160" id="Page_160">[Pg 160]</a></span> Adams
+in foreign archives enabled him to treat the diplomatic history of
+the purchase of Louisiana with great fullness. F. A. Ogg, <i>The
+Opening of the Mississippi</i>(1904), and J. K. Hosmer, <i>The
+Louisiana Purchase</i> (1902), contain brief accounts of the
+acquisition of the province. The actual route of the Lewis and
+Clark expedition may be traced with the aid of O. D. Wheeler, <i>The
+Trail of Lewis and Clark</i>, 1804-1904 (1904). The constitutional
+aspects of the Louisiana Treaty and the subsequent legislation for
+the territory are discussed at length by Adams, and less
+satisfactorily by Schouler and Von Holst. Channing, <i>The
+Jeffersonian System, 1801-1811</i> (1906), contains a good account of
+the whole episode. The problem of the original boundaries is
+discussed by F. E. Chadwick, <i>The Relations of the United States
+and Spain</i>(1909).</p></div>
+
+
+
+<hr style="width: 65%;" />
+<p><span class='pagenum'><a name="Page_161" id="Page_161">[Pg 161]</a></span></p>
+<p class="subhead1"><a name="CHAPTER_IX" id="CHAPTER_IX"></a>CHAPTER IX</p>
+
+<p class="subhead2">FACTION AND CONSPIRACY</p>
+
+
+<p>Down to the end of the eighteenth century, the people of New England
+possessed a greater degree of social solidarity than any other section
+of the Union. Descended from English stock, imbued with common religious
+and political traditions, and bound together by the ties of a common
+ecclesiastical polity, they cherished, as Jefferson expressed it, "a
+sort of family pride" which existed nowhere else between people of
+different States. In New England, there were elements of political and
+religious dissent, to be sure, but the domination of the Congregational
+clergy and the magistracy was hardly less complete in the year 1800 than
+fifty years earlier. New England was governed by "the wise, the good,
+and the rich." All the forces of education, property, religion, and
+respectability were united in the maintenance of the established order
+against the assaults of democracy. New England Federalism was not so
+much a body of political doctrines as a state of mind. Abhorrence of the
+forces liberated by the French Revolution was perhaps the dominating
+emotion. Democracy seemed an aberration of the human mind, which was
+bound everywhere to produce the same results in society. Jacobinism was
+the inevitable outcome. "The principles of democracy are everywhere what
+they have been in France," wrote Ames.<span class='pagenum'><a name="Page_162" id="Page_162">[Pg 162]</a></span> "Democracy is a troubled spirit,
+fated never to rest, and whose dreams, if it sleeps, present only
+visions of hell."</p>
+
+<p>In 1801, New England was in bitter, irreconcilable opposition to the
+National Administration. The situation was fraught with grave
+possibilities. Jefferson himself looked forward to "an uneasy
+government," if the whole body of New England continued in opposition to
+Republican principles. Ordinary political opposition was to be expected,
+of course; but a sectional opposition, fortified by a social solidarity
+like that of New England, was a menace to the Union. From the moment
+when he took the oath of office, Jefferson directed his best energies to
+the Republican conquest of New England. It was a policy dictated not
+only by partisan considerations, but also by the highest instincts of
+statesmanship. The fair-minded historian is bound to record that the
+Jeffersonian party in this period of its history was, in spite of all
+its inconsistencies, a potent agency in the maintenance of the Union.</p>
+
+<p>The first conquest of the Republicans was that of Rhode Island in the
+first year of the new Administration. The President was deeply gratified
+by what he called "the regeneration of Rhode Island," interpreting the
+event as "the beginning of that resurrection of the genuine spirit of
+New England." Vermont, he prophesied, would next emerge from under the
+yoke of the Federalist hierarchy; and the fall election verified his
+prediction. Elsewhere the contest was more stubborn and prolonged, but
+the Federalists noted with alarm that the Republican<span class='pagenum'><a name="Page_163" id="Page_163">[Pg 163]</a></span> vote was
+increasing everywhere. By the end of Jefferson's first term, the number
+of Republican voters in New England very nearly equaled that of their
+opponents.</p>
+
+<p>The ranks of the Republican party were recruited largely from the rural
+districts, where hostility to the mercantile and moneyed classes was
+most bitter. It was the old alignment of the men of little or no
+personal property against the prosperous and well-to-do classes. From
+this point of view the Republican movement was an attack upon the
+privileged orders, an attempt to break down the social hierarchy of New
+England. Closely connected with the political movement was also the
+struggle of the Baptists and the Methodists to secure religious freedom
+in Massachusetts and Connecticut. The dissenters looked to Jefferson as
+their natural leader; and the bitter opposition of the Congregational
+clergy to the spread of democracy was due to their persistent, and no
+doubt sincere, belief that dissent and democracy were manifestations of
+the same radical and destructive spirit.</p>
+
+<p>The rising tide of Republicanism and the increasing popularity of the
+Administration cast the Federalist leaders into the deepest gloom. The
+annexation of Louisiana was regarded as a mortal blow, since it
+imperiled the ascendency of New England in the Union, and New England
+was the stronghold of Federalism. At the beginning of the year 1804,
+most of the Federalist members of Congress from New England were agreed
+in thinking that a crisis was approaching. Democracy was about to
+triumph<span class='pagenum'><a name="Page_164" id="Page_164">[Pg 164]</a></span> over the forces of law and order. The only question was how to
+save their section, where the ravages of Jacobinism could yet be stayed.
+There was but one answer, from the point of view of Senator Timothy
+Pickering. The people of the Eastern States could not reconcile their
+habits, views, and interests with those of the South and West:
+therefore, let them withdraw from the Union and form a Northern
+Confederation. Plumer, of New Hampshire, and Tracy and Griswold, of
+Connecticut, were in hearty agreement with this view. Pickering then put
+his project before the members of the coterie of Federalists in
+Massachusetts, which was generally known as the "Essex Junto." As the
+confederacy shaped itself in Pickering's imagination, it would of
+necessity include New York, which would act as a barrier to the
+insidious inroads of Southern Jacobinism; but Massachusetts should
+initiate the movement.</p>
+
+<p>Replying for his intimates in the Essex Junto, George Cabot put aside
+the project, not as in any wise morally reprehensible,&mdash;on the contrary,
+he thought separation desirable,&mdash;but as impracticable. The people of
+New England were not aware of their danger and therefore not prepared
+for so radical a movement. The only chance for a successful revolution,
+Cabot thought, would be "a war with Great Britain manifestly provoked by
+our rulers." Pickering and Griswold then turned to New York for support
+and to Aaron Burr.</p>
+
+<p>The Vice-President was at this time without political influence in the
+Administration, and without<span class='pagenum'><a name="Page_165" id="Page_165">[Pg 165]</a></span> credit, either morally or politically. In
+New York, the Livingstons and the Clintons, whom he had mortally
+offended, were determined to drive him from the party. At first, Burr
+was inclined to give way: he even applied to the President for an
+executive appointment; but this resource failing, he determined to fight
+his enemies to the bitter end. In February, 1804, he was nominated for
+governor by a group of his friends in the legislature, in opposition to
+the Clinton faction. It was well known that many Federalists would
+support his candidacy. At this crucial moment, Pickering and Griswold
+sought out Burr as an ally. As Governor of New York, they intimated, he
+would be in a strategic position and could take the lead in the
+secession of the Northern States. His leadership in the movement, in
+short, was to be the price of Federalist support at the polls. But the
+shifty Burr would not commit himself further than to promise an
+administration satisfactory to the Federalists. The conspirators had to
+rest content with this vague assurance and to count on Burr's ambition,
+and his desire to be revenged upon his enemies, to bind him to their
+cause.</p>
+
+<p>Meantime, Alexander Hamilton was straining every nerve to prevent the
+Federalists from indorsing the man who stood in the way of his own
+ambition and whom he believed to be a dangerous and unprincipled
+character. Some vestige of prudence kept the party from committing
+itself openly to Burr, but its vote was cast for him. Burr carried his
+old stronghold, New York City, but he was beaten elsewhere in the State.
+The hopes of the Federalists<span class='pagenum'><a name="Page_166" id="Page_166">[Pg 166]</a></span> were shattered; the conspirators were
+confounded; and the bubble of a Northern Confederacy vanished.</p>
+
+<p>The immediate consequences of this political episode were personal.
+Hamilton had again thwarted the ambitions and incurred the deadly enmity
+of an embittered political desperado. A challenge followed and was
+accepted. On a summer morning, July 11, 1804, at Weehawken across the
+Hudson, the rivals faced each other for the last time. Hamilton threw
+away his fire: Burr aimed with murderous intent, and Hamilton fell
+mortally wounded. From this moment Burr was a marked man and an outcast
+from respectable society in the East. The newer society of the West,
+less sensitive in such matters, thought none the less of a man who had
+shot his foe in a fair fight. Thither Burr betook himself when his term
+of office expired.</p>
+
+<p>As the presidential election approached, the Republicans determined to
+prevent any recurrence of the accident which had so nearly seated Burr
+in the President's chair. This resolve took the form of a constitutional
+amendment which provided that presidential electors should designate on
+distinct ballots the persons voted for as President and Vice-President.
+To change the Constitution in this wise was a delicate matter. No part
+of the work of the Federal Convention had been more difficult than to
+reconcile the small-State party to the mode provided for the election of
+a President. The final settlement had been accepted only in the
+expectation that in most cases the electoral college would fail to
+elect, and<span class='pagenum'><a name="Page_167" id="Page_167">[Pg 167]</a></span> that a choice would then be made by the House of
+Representatives, where the small States would have an equal voice with
+the large States. To remove the chances of an election by the House was
+to upset the original compromise and to increase the importance of the
+large States in the initial election.</p>
+
+<p>Another consequence would follow the proposed change. The office of
+Vice-President would be degraded. Roger Griswold clearly foresaw this
+eventuality. "The office will generally be carried into the market,"
+said he, "to be exchanged for the votes of some large States for
+President; and the only criterion which will be regarded as a
+qualification for the office of Vice-President will be the temporary
+influence of the candidate over the electors of his State."
+Notwithstanding these and many less obvious objections, the amendment
+was adopted by a party vote in Congress and promptly ratified by
+thirteen out of the sixteen States before the fall elections.</p>
+
+<p>The campaign of 1804 was uneventful. The congressional caucus of the
+Republican party dropped Burr as a candidate and nominated George
+Clinton, of New York. Jefferson was the unanimous choice of his party.
+The depressed Federalists supported Charles Cotesworth Pinckney, of
+South Carolina, and Rufus King, of New York, as their candidates.
+Jefferson was triumphantly re&euml;lected with the loss of only two States,
+Connecticut and Delaware, and of two electoral votes in Maryland. Well
+might he exult at the discomfiture of his enemies. "The two parties," he
+wrote to Volney, "are almost melted into one."</p>
+
+
+<div class="figcenter" style="width: 600px;">
+<a name="il13" id="il13"></a>
+<img src="images/i13.jpg" width="600" height="375" alt="The Yazoo-Georgia Land Controversy" title="" />
+</div>
+
+<p><span class='pagenum'><a name="Page_168" id="Page_168">[Pg 168]</a></span>Below the calm surface of Republican politics, however, dangerous
+counter-currents swirled. For a time the controversy over the Yazoo land
+claims seemed likely to be a reef on which Republican unity would be
+shattered. Both the United States and Georgia laid claim to the great
+Western tract which is now occupied by the States of Mississippi and
+Alabama. But Georgia with a stronger <i>prima facie</i> case evinced little
+regard for the claims of the Federal Government. In 1795, while a mania
+for land speculation was sweeping over the country, the legislature
+yielded to corrupt influences and sold some thirty-five million acres in
+the disputed territory for the sum of $500,000 to four land companies.
+In the following year, the people of Georgia rose in their wrath, turned
+out the corrupt legislators, and forced the passage of a rescinding act.
+Meantime, sales had been made by the Yazoo speculators to guileless
+purchasers, who now appealed to<span class='pagenum'><a name="Page_169" id="Page_169">[Pg 169]</a></span> Congress for relief. In 1798, Congress
+enacted a law providing for commissioners who should confer with Georgia
+regarding these conflicting claims. At the same time the Territory of
+Mississippi was organized.</p>
+
+<p>Such was the status of the Yazoo land claims when Jefferson became
+President. It fell to him to appoint the federal commissioners. They
+wrestled manfully with the perplexing details of the controversy, and in
+1802 reported what they believed to be a fair settlement of the claims
+of all parties. Georgia was to cede her Western lands to the United
+States in return for a payment of $1,250,000 and an agreement on the
+part of the Federal Government to extinguish all Indian titles within
+her limits as soon as might be. In the course of time this Western
+territory was to be admitted as a State. Five million acres were to be
+set aside to satisfy the claims of those who had suffered loss by the
+rescinding act of Georgia.</p>
+
+<p>The morbid imagination of John Randolph could see nothing but jobbery in
+this proposal to satisfy claims which had been fraudulently obtained
+from the Legislature of Georgia. There can be little doubt that
+Randolph's hatred for Madison, who was a member of the federal
+commission, influenced his subsequent action. On two occasions, in 1804
+and again in 1805, he assailed the proposed compromise, and twice he
+secured a postponement, though he could not defeat the bill which
+embodied the conclusions of the commission. From this time on Randolph
+was never more than an uncertain ally of the Administration.<span class='pagenum'><a name="Page_170" id="Page_170">[Pg 170]</a></span> The few
+politicians who still followed his lead were styled rather
+contemptuously "Quids." Even Republicans with slender classical training
+grasped the significance of a <i>tertium quid</i>. Yet Randolph was still a
+power in the House.</p>
+
+<p>The Yazoo affair dragged on for years. In 1810, a decision of the
+Supreme Court gave aid and comfort to the opposition. In the case of
+<i>Fletcher</i> v. <i>Peck</i>, the court held that the original Act of 1795,
+conveying the Yazoo grants, was a contract within the meaning of the
+Constitution which might not be impaired by subsequent legislation. It
+was not until 1814 that Congress voted $8,000,000 to the claimants under
+this act and so settled one of the most obstinate controversies in the
+history of Congress.</p>
+
+<p>In the fall of 1805, Jefferson seemed about to realize what had been the
+object of his diplomatic endeavors ever since the acquisition of
+Louisiana. Intimations came from Talleyrand that the Floridas might be
+obtained by purchase if the United States would prevail upon Spain to
+refer the whole dispute to Napoleon. On December 3, 1805, he sent a
+message to Congress which seemed to break completely with all
+Jeffersonian precedents. It recounted the failure of negotiations with
+Spain, and spoke sternly of the depredations committed in the new
+Territories by Spanish officers and soldiers. The Administration had
+found it necessary to order the troops on the frontier to be in
+readiness to repel future aggressions. Some of the injuries committed
+admitted of a peaceable remedy. Some of them were "of a nature to be met
+by force only, and all of them may<span class='pagenum'><a name="Page_171" id="Page_171">[Pg 171]</a></span> lead to it." Coupled with these
+admonitions were suggestions for the fortification of seaports, the
+building of war-vessels, and the organization of the militia.</p>
+
+<p>Coming from the pen of one who had written that peace was his passion
+and who had hitherto avoided war with Quaker-like submission, this
+message caused bewilderment on all sides. The West, however, took the
+President literally and looked forward with enthusiasm to a war which
+was bound to end in the overthrow of Spanish dominion in the Southwest.
+Three days later a secret message was delivered to the House of
+Representatives announcing that Spain was disposed to effect a
+settlement "so comprehensive as to remove as far as possible the grounds
+of future collision and controversy on the eastern as well as the
+western side of the Mississippi." Only a show of force was needed "to
+advance the object of peace."</p>
+
+<p>Randolph for one was thoroughly disgusted by "this double set of
+opinions and principles"; and his ill-temper gave vent to biting
+invective when he learned, that as chairman of the Committee of Ways and
+Means he was expected to propose an appropriation of $2,000,000 for the
+purchase of Florida. He refused flatly to assume the responsibility "of
+delivering the public purse to the first cut-throat that demanded it,"
+for Madison had said in private conversation that the money was destined
+for Napoleon. The opposition of Randolph caused weeks of delay. It was
+not until March 13 that Madison could authorize Armstrong, minister to
+France, to offer<span class='pagenum'><a name="Page_172" id="Page_172">[Pg 172]</a></span> $5,000,000 for Florida and Texas. It was then too
+late. Either Armstrong had been misled or Napoleon had changed his mind:
+in either case, the favorable moment had passed. The purchase of Florida
+was indefinitely deferred.</p>
+
+<p>During these months, when relations with Spain were strained to the
+breaking point, Aaron Burr was weaving the strands of one of the most
+intricate and baffling intrigues in American history. Shortly after
+relinquishing the office of Vice-President, Burr undertook an extensive
+tour through the West. In the course of his voyage down the Ohio he
+landed on Blennerhassett's Island, which an eccentric Irish gentleman of
+that name had transformed into an estate. At Cincinnati he was the guest
+of Senator John Smith; and there he met also Jonathan Dayton, who had
+just finished his term as Senator from New Jersey. Both of these
+individuals played an uncertain part in Burr's plans. At Nashville he
+visited General Andrew Jackson; at Fort Massac he spent four days in
+close conference with General James Wilkinson, who was in command of the
+Western army&mdash;one of the most precious rascals in the annals of the
+country; and at New Orleans he put himself in touch with the Mexican
+Association, which had been formed by ardent individuals who looked
+forward to war with Spain and the liberation of Mexico.</p>
+
+<p>To men like Andrew Jackson and Daniel Clark, of New Orleans, whose
+loyalty is beyond question, Burr announced his purpose to devote his
+life to the overthrow of the Spanish power in America. It was a mission
+which commended itself to the Spanish-hating<span class='pagenum'><a name="Page_173" id="Page_173">[Pg 173]</a></span> people of the Mississippi
+Valley. Western newspapers announced that he meditated some
+extraordinary enterprise; and one editor hinted that he was plotting a
+revolution which would end in the formation of a separate government for
+the region bordering on the Ohio and the Mississippi.</p>
+
+<p>Returning to the East, Burr left no stone unturned in his efforts to
+find funds to finance this mysterious enterprise. He was in conference
+with Merry, the British minister, and with Yrujo, the Spanish minister;
+and each received a different impression as to the scope of his plans.
+At one time Burr talked madly of seizing the government at Washington.
+The kaleidoscopic changes of his plans baffle consistent explanation.
+One thing only is clear: he needed funds. These he obtained in part from
+his son-in-law, Joseph Alston, a wealthy planter in South Carolina, and
+in part from the credulous Blennerhassett, who was persuaded to purchase
+a million acres on the Washita River in northern Louisiana. Thither the
+expedition which started out from Blennerhassett's Island was ostensibly
+directed. How far Burr's plans went beyond the occupation of this tract
+is a matter of conjecture. One of Blennerhassett's servants may
+inadvertently have told the truth when he said that they were "going to
+take Mexico, one of the finest and richest places in the whole world."</p>
+
+<p>If Burr seriously contemplated a filibustering expedition against
+Mexico, he was favored by circumstances. Spanish troops had taken up a
+position east of the Sabine River, on what was American soil; and only
+an overt act was needed to precipitate war.<span class='pagenum'><a name="Page_174" id="Page_174">[Pg 174]</a></span> Every frontiersman was
+preparing for a tussle with the hated Spaniard. In the event of war Burr
+knew well enough that an expedition against Mexico would be countenanced
+by the government at Washington. Whether or no war with Spain would
+occur depended upon the co&ouml;peration of General Wilkinson, for he had
+been charged by the Secretary of War to take command of the troops at
+New Orleans with as little delay as possible and "to repel any invasion
+of the territory of the United States east of the river Sabine, or north
+and west of the bounds of what has been called West Florida."</p>
+
+<p>The delay of Wilkinson in following these orders of May 6, 1806, has
+been explained on the supposition that he was awaiting the development
+of Burr's plans. Be that as it may, his hesitation was fatal to the
+conspirators. On September 27, the Spanish troops retired beyond the
+Sabine, thus removing an excellent pretext for war. From this time on
+Wilkinson's hand is against Burr. His conduct is enveloped in an
+atmosphere of intrigue. At one moment he is sending alarmist dispatches
+to the President, warning him against a mysterious expedition which was
+being prepared&mdash;by what authority he professed not to know&mdash;against the
+Spanish province of Mexico; at the next moment he is intriguing with the
+Spanish authorities, warning them against Burr and assuring them of his
+protection. This valuable information Wilkinson thought was worth about
+$111,000; but his aid-de-camp seems to have returned empty-handed from
+the City of Mexico. His further exploits in New Orleans, which he kept
+in a<span class='pagenum'><a name="Page_175" id="Page_175">[Pg 175]</a></span> state of perpetual alarm and finally put under martial law, read
+like a chapter from a melodrama.</p>
+
+<p>It was not until October, 1806, that President Jefferson expressed any
+serious concern about Burr's intrigues. Even then he concluded to send
+only a confidential agent to watch the conspirator and to arrest him if
+necessary. In November, dispatches from Wilkinson convinced the
+President of the need of more summary action. On November 27, he issued
+a proclamation, stating that sundry persons were confederating and
+conspiring together to begin a military expedition or enterprise against
+the dominions of Spain. Honest and well-meaning citizens were being
+seduced under various pretenses to engage in the criminal enterprises of
+these men. All faithful citizens and the civil and military authorities
+were therefore enjoined to be vigilant in preventing the expedition and
+in bringing the conspirators to punishment.</p>
+
+<p>The President's proclamation wrought a transformation in the temper of
+the West. People reasoned that the danger must be greater than any one
+had suspected. The newspapers began to print wild stories. The
+Legislature of Ohio authorized the governor to take proper measures to
+prevent acts hostile to the United States. The governor promptly seized
+the bateaux which were being constructed at Marietta and called out the
+militia to overpower Blennerhassett and his followers. On the Virginia
+side of the river, the militia were in readiness for a descent upon the
+island. On the night of December 10, Blennerhassett and a handful of men
+left the island in such<span class='pagenum'><a name="Page_176" id="Page_176">[Pg 176]</a></span> boats as they could find. Wild rumors followed
+the expedition as it floated peacefully down the Ohio. The <i>Western Spy</i>
+told its readers that Blennerhassett had passed Cincinnati in keel boats
+loaded with military stores; that more were to follow; and that twenty
+thousand men had been enlisted in an expedition against Mexico.</p>
+
+<p>Meantime, Burr had met with embarrassing delays. The promised recruits
+had not come in, since war had not been declared. Only two of the five
+boats which Jackson had agreed to build were ready. Nevertheless, Burr
+left Nashville on December 23, as he had planned, and on the next day
+joined Blennerhassett at the mouth of the Cumberland. The combined
+strength of this flotilla which was causing such public consternation
+was nine bateaux, carrying less than sixty men.</p>
+
+<p>The voyage of the expedition down the Ohio and the Mississippi was
+without incident until January 10, when the expedition put into Bayou
+Pierre, in the Mississippi Territory. There Burr was put under arrest
+and brought before a grand jury. Luck again favored him. As in Kentucky,
+so here the jurors failed to find any ground for indictment.
+Nevertheless, the judge bound Burr over to appear from day to day.
+Holding this proceeding unauthorized by law, Burr forfeited his bond and
+made his escape; but near Fort Stoddert, he was again apprehended. On
+March 5, 1807, he was sent with a guard of six men from Fort Stoddert to
+Richmond, Virginia.</p>
+
+<p>The commitment, indictment, and trial of Aaron Burr form a fittingly
+inconclusive sequel to a strange<span class='pagenum'><a name="Page_177" id="Page_177">[Pg 177]</a></span> tale of intrigue and misadventure. Not
+merely the fate of the accused man, but the personalities involved, gave
+a spectacular character to the legal proceedings at Richmond. Arrayed as
+counsel on the side of Burr were three notable attorneys from Virginia,
+and Luther Martin of Maryland. The foreman of the grand jury was John
+Randolph. The chief witness for the prosecution was General Wilkinson.
+The presiding judge was Chief Justice John Marshall, within whose
+circuit Blennerhassett's Island lay. And behind the prosecution,
+straining every nerve to secure the conviction of the conspirators, was
+President Thomas Jefferson.</p>
+
+<p>From first to last the Chief Justice made the task of the prosecution
+exceedingly difficult by a rigorous definition of treason. Treason
+involved an overt act, he insisted; the actual levying of war by an
+assembling of armed men. To convict of treason, the testimony of two
+witnesses was required by the Constitution. Now, Burr was hundreds of
+miles away from Blennerhassett's Island when the alleged overt act of
+treason was committed. The court would not admit any testimony relative
+to the conduct and declarations of Burr elsewhere and subsequent to the
+transactions on Blennerhassett's Island. Such testimony was in its
+nature merely corroborative, the Chief Justice ruled, and inadequate to
+prove the overt act in itself, and therefore irrelevant until the overt
+act was proved by the testimony of two witnesses. On September 1, the
+prosecution abandoned the case, and the jury returned a verdict of not
+guilty. The Government now sought to secure the conviction of<span class='pagenum'><a name="Page_178" id="Page_178">[Pg 178]</a></span> Burr on
+the charge of misdemeanor; but less than a week was needed to reveal the
+weakness of the testimony put forward by the prosecution. On September
+15, Burr was again acquitted.</p>
+
+
+<p class="subhead2">BIBLIOGRAPHICAL NOTE</p>
+
+<div class="blockquot"><p>The New England conspiracy, the Yazoo controversy, and the
+intrigues of Burr, are admirably recounted by Henry Adams. His
+account may be corrected at various points, however, by consulting
+W. F. McCaleb, <i>The Aaron Burr Conspiracy</i> (1903). A brief account
+of the intrigues and plots of this time may be found in Channing,
+<i>The Jeffersonian System, 1801-1811</i> (1906). The intrigues of the
+Federalists in New England have been described recently with new
+information by S. E. Morison, <i>Life and Letters of Harrison Gray
+Otis</i> (2 vols., 1913). Other biographies of importance are H. C.
+Lodge, <i>Life and Letters of George Cabot</i> (1877); James Parton,
+<i>Life and Times of Aaron Burr</i> (1858); J. S. Bassett, <i>Life of
+Andrew Jackson</i> (2 vols., 1911). The trial of Burr is described in
+popular fashion by F. T. Hill, <i>Decisive Battles of the Law</i>
+(1907). The origin and subsequent history of the Yazoo affair may
+be traced in C. H. Haskins, "The Yazoo Land Companies" (in the
+<i>American Historical Association Papers</i>, 1891).</p></div>
+
+
+
+<hr style="width: 65%;" />
+<p><span class='pagenum'><a name="Page_179" id="Page_179">[Pg 179]</a></span></p>
+<p class="subhead1"><a name="CHAPTER_X" id="CHAPTER_X"></a>CHAPTER X</p>
+
+<p class="subhead2">PEACEABLE COERCION</p>
+
+
+<p>The so-called Peace of Amiens in 1801 proved to be only an interlude in
+the wars of France with Europe. Within two years hostilities were
+renewed which closed only with the battle of Waterloo. In the course of
+this prolonged conflict Napoleon won and lost for France the ascendency
+in central and western Europe, but Great Britain remained throughout
+mistress of the seas. The commerce of France and of Holland and Spain,
+which had become virtually her dependencies, was almost driven from the
+seas. For their foodstuffs and colonial supplies, more than ever in
+demand as war devastated the fields of Europe, these nations had to look
+to vessels flying neutral flags. The export trade of the United States,
+which had fallen from $94,000,000 in the year 1801 to $55,800,000 in
+1803, rapidly recovered until in 1805 it passed the high-water mark of
+the earlier year. More than half of this trade was in products of the
+tropics, for while the direct trade between the West India colonies and
+Europe was forbidden by the so-called "Rule of 1756," American shippers
+carried on a lucrative traffic which was virtually direct. Products
+brought from the West Indies to American ports were promptly reshipped
+as part of American stock to European ports; and the British courts had
+held that this importation had broken the<span class='pagenum'><a name="Page_180" id="Page_180">[Pg 180]</a></span> voyage. When once import
+duties had been paid in an American port, the courts refused to inquire
+what thereafter became of the cargo and whether in fact rebates were
+given on exportation.</p>
+
+<p>In midsummer of 1805 occurred a reversal of British policy. In the case
+of the Essex, which had made the voyage from Charleston to London with
+colonial produce from Martinique, a British admiralty court ruled for
+the first time that the payment of import duties was not sufficient
+proof of <i>bona fide</i> importation, because of the practice in the United
+States of repaying duties on exportation. Other seizures followed that
+of the Essex, to the consternation of American shippers. Insurance rates
+on cargoes were doubled and doubled again within a year. Early in 1806,
+Monroe, then Minister to England, wrote in protest to the British
+Ministry that "about one hundred and twenty vessels had been seized,
+several condemned, all taken from their course, detained, and otherwise
+subjected to heavy losses and damages." But Monroe could not obtain any
+concession of principle or promise of indemnity.</p>
+
+<p>The policy which the Secretary of State was known to favor was that of
+coercing England through restrictions upon trade. The implications of
+this policy were suggested by his often-quoted remark touching upon the
+dependence of British manufacturers: "There are three hundred thousand
+souls who live by our custom: let them be driven to poverty and despair,
+and what will be the consequences?" He lost no opportunity to urge upon
+his party associates the need of passing retaliatory legislation
+against<span class='pagenum'><a name="Page_181" id="Page_181">[Pg 181]</a></span> Great Britain. It was well known, of course, that the President
+would support any fair application of his theory of peaceable coercion.</p>
+
+<p>At first there was a general disposition to try the effect of an
+embargo; but more prudent counsels prevailed when the news of Trafalgar
+reached America. Congress finally adopted, in April, 1806, a
+non-importation bill, which was to become effective eight months later.
+There was some point to Randolph's criticism when he declared it to be
+"a milk-and-water Bill. A dose of chicken broth to be taken nine months
+hence"; for the act prohibited only the importation of such English
+goods as could be manufactured in the United States or procured
+elsewhere. Such a measure was not likely to make the manufacturers of
+England quail. In the mean time, the Administration was to accomplish
+what it might by direct negotiation with the British Ministry, using
+this Nicholson Act as a covert threat. Much against his will, Jefferson
+had to nominate another envoy to act with Monroe. His choice fell upon
+William Pinkney, of Maryland. The friends of Madison were not unwilling
+to humiliate Monroe, whose presidential aspirations might interfere with
+Madison's succession, for Jefferson had let it be known as early as the
+summer of 1805 that he did not seek a re&euml;lection.</p>
+
+<p>A few days after Congress adjourned occurred the Leander episode. This
+frigate was one of several British war vessels whose presence in
+American waters was a constant menace to merchantmen and an insult to
+the National Government. From time to time they appeared off Sandy Hook,
+lying in wait<span class='pagenum'><a name="Page_182" id="Page_182">[Pg 182]</a></span> for American vessels which were suspected of carrying
+British seamen who had fled from the hard conditions of service on ships
+of war. An American merchantman was likely at any time to be stopped by
+a shot across her bow and to be subjected to the humiliation of a visit
+from a search crew. On April 25, 1806, the Leander, in rounding up a
+merchantman, fired a shot which killed the helmsman of a passing
+coasting sloop. The incident or accident threatened to assume the
+proportions of a <i>casus belli</i>.</p>
+
+<p>The practice of impressment was an old grievance which seemed to
+Americans devoid of any justification. From the British point of view
+there was much to be said in extenuation of the practice. It should not
+be forgotten that Great Britain was locked in a life-and-death struggle
+with a mighty antagonist, and that she had need of every able seaman.
+Owing to the rigorous life on board of men-of-war, every ship's crew was
+likely to be depleted by desertions whenever she touched at an American
+port. Jack Tar found life much more agreeable on an American
+merchantman; and he rarely failed to procure the needful naturalization
+papers or certificates which would give him a claim to American
+citizenship. The right of expatriation was not at this time conceded by
+the British Government. Once an Englishman, always an Englishman.
+Surely, then, British commanders might claim their own seamen on the
+high seas. Officially, at least, they never claimed the right to impress
+American seamen. Yet where differences of speech were so slight, the
+provocation so strong, and the needs of the navy so great, search<span class='pagenum'><a name="Page_183" id="Page_183">[Pg 183]</a></span> crews
+were not always careful to distinguish between Britishers and Yankees.</p>
+
+<p>The United States never admitted the justice of these claims. To concede
+the right of search on the high seas was to admit a vast extension of
+British jurisdiction. As early as 1792, Jefferson had stated the
+principle for which the United States had consistently contended: "The
+simplest rule will be that the vessel being American shall be evidence
+that the seamen on board of her are such." The principle was never
+accepted by any British ministry. The practice of impressment continued
+to harass each succeeding administration. In 1806, a crisis seemed at
+hand. Madison reported to the House of Representatives the names of nine
+hundred and thirteen persons who appeared to have been impressed from
+American vessels. How many of these were British deserters under
+American names, it is impossible to say. The number reported by Madison
+is at least an index to the sense of injury which the nation felt.</p>
+
+<p>When President Jefferson sent Pinkney to join Monroe in securing a
+comprehensive treaty with Great Britain, which should restore West India
+trade to its old condition and provide indemnity for the American
+vessels condemned in the admiralty courts, he set down, as a <i>sine qua
+non</i> in his instructions, the renunciation by the British Government of
+the practice of impressment. It was an ultimatum which expressed a truly
+national feeling; but with the consciousness of power which the
+domination of the high seas gave, the British commissioners treated<span class='pagenum'><a name="Page_184" id="Page_184">[Pg 184]</a></span>
+this ultimatum, somewhat contemptuously, as an impossible and
+unwarranted demand. The American mission should have ended then and
+there; but on obtaining assurances that greater care would be exercised
+in impressing seamen, Monroe and Pinkney determined to disregard their
+instructions. Negotiations were continued and culminated in a treaty,
+December 1, 1806, which ran counter to the injunctions of the President
+in every particular. He refused to submit the document to the Senate.
+Nevertheless, he permitted Madison to draft new instructions for the
+commissioners, in the hope that the treaty could be made a basis for
+further negotiations. While these new instructions were crossing the
+ocean, a disaster occurred which brought the United States and Great
+Britain to the verge of war.</p>
+
+<p>In the early months of 1807, some French frigates had run up Chesapeake
+Bay to escape a British squadron. Relying on what Jefferson pleasantly
+termed the hospitality of the United States, these British men-of-war
+dropped anchor in Lynnhaven Bay, near Cape Henry, where they could watch
+the passage through the capes. From one of these British vessels a boat
+crew of common seamen made their escape to Norfolk. Just at this time
+the new frigate Chesapeake, which had been partially fitted out at the
+navy yard at Washington for service in the Mediterranean, dropped down
+to Hampton Roads to receive her complement of guns and provisions for a
+three years' cruise.</p>
+
+<div class="figright" style="width: 300px;">
+<a name="il14" id="il14"></a>
+<a href="images/i14.jpg"><img src="images/i14-thumb.jpg" width="300" height="523" alt="Tonnage of the United States 1807" title="" /></a>
+</div>
+
+<p>On June 22, the Chesapeake passed out through the capes, preceded by the
+Leopard, a British frigate<span class='pagenum'><a name="Page_185" id="Page_185">[Pg 185]</a></span> of fifty guns. When they were well out on
+the high seas, the Leopard drew alongside the Chesapeake and signaled
+that she had a message for Commodore Barron. This message proved to be
+an order from Admiral Berkeley at Halifax, instructing commanders of
+British vessels who fell in with the Chesapeake to search her for
+deserters. The American commander denied that he had deserters on board
+and refused to allow the search. Almost immediately the Leopard
+approached with her gundecks cleared for action. Unaware of his danger
+Commodore Barron had not called his crew to quarters. The Leopard opened
+fire and poured three broadsides into the helpless American vessel,
+killing three men and wounding eighteen others. After fifteen minutes
+Barron hauled down his flag to spare his crew from<span class='pagenum'><a name="Page_186" id="Page_186">[Pg 186]</a></span> needless sacrifice,
+and suffered the British commander to search the dismantled Chesapeake.
+Four alleged deserters were found and taken away, three of whom
+subsequently were proved to be American citizens. The Leopard then
+returned to the squadron off Cape Henry, while the Chesapeake limped
+back to Hampton Roads.</p>
+
+<p>Had the President chosen to go to war at this moment, he would have had
+a united people behind him. But Thomas Jefferson was not a martial
+character. His proclamation ordering all armed British vessels out of
+American waters and suspending intercourse with them if they remained,
+was so moderate in tone as to seem almost pusillanimous. John Randolph
+called it an apology. Instead of demanding unconditional reparation for
+this outrage, Madison instructed Monroe to insist upon an entire
+abolition of impressments as "an indispensable part of the
+satisfaction." The astute Canning, who had become Foreign Secretary in
+the new Portland Ministry, took advantage of this confusion of issues to
+evade the demand for reparation until popular passion in the United
+States had subsided. It was not until November that Canning took active
+measures. He then sent a special commissioner to the United States in
+the person of George Rose.</p>
+
+<p>The instructions which Rose carried with him to Washington, in January,
+1808, were anything but conciliatory. As a preliminary to any
+negotiations, he was to demand the recall of the President's
+proclamation of July 2, and an explicit disavowal of Commodore Barron's
+conduct in encouraging desertion<span class='pagenum'><a name="Page_187" id="Page_187">[Pg 187]</a></span> from His Majesty's navy. The United
+States was also to give assurances that it would prevent the recurrence
+of such causes as had provoked the display of force by Admiral Berkeley.
+That the Administration should have continued negotiations after the
+full purport of these instructions was disclosed, seems incredible; but
+it was not until the middle of February that Madison awoke to the fact
+that the United States was being invited to "make as it were an
+expiatory sacrifice to obtain redress." Yet another month passed before
+Rose was given to understand that his mission was futile. By this time
+public attention was engrossed in the contest for neutral rights.</p>
+
+<p>Before the close of the year 1806, Napoleon was master of central Europe
+and in a position to deal his premeditated blow at the commercial
+ascendency of England. A fortnight after the terrible overthrow of
+Prussia at Jena, he made a triumphal entry into Berlin. From this city
+he issued, on November 21, the famous decree which was his answer to the
+British blockade of the continent. Since the British had determined to
+ruin neutral commerce by an illegal blockade, so the preamble read,
+"whoever deals on the continent in English merchandise favors that
+design and becomes an accomplice." All English goods henceforth were to
+be lawful prize in any territory held by the troops of France or her
+allies. The British Isles were declared to be in a state of blockade.
+Every American or other neutral vessel going to or coming from the
+British Isles, therefore, was subject to capture.<span class='pagenum'><a name="Page_188" id="Page_188">[Pg 188]</a></span></p>
+
+<p>The British Ministry took up the gauntlet. An order in council of
+January 7, 1807, forbade neutral trade between ports under the control
+of France or her allies; a second order, November 11, closed to neutrals
+those European ports under French control "as if the same were actually
+blockaded," but permitted vessels which first entered a British port and
+paid port duties to sail to any continental port. Only one more blow
+seemed needed to complete the ruin of American commerce. It fell a month
+later, December 17, 1807, when Napoleon issued his Milan Decree.
+Henceforth any vessel which submitted to be searched by an English
+cruiser or which paid any tonnage duty to the British Government or
+which set sail for any British port was subject to capture and
+condemnation as lawful prize. Such was to be the maritime code "until
+England returned to the principles of international law which are also
+those of justice and honor."</p>
+
+<p>American commerce was now, indeed, between the hammer and the anvil. The
+Nicholson Non-Importation Act, which had been twice suspended and which
+had only just gone into effect (December 14), seemed wholly inadequate
+to meet this situation. It had been designed as a coercive measure, to
+be sure, but no one knew precisely to what extent it would affect
+English trade. The time had come for the blow which Jefferson and his
+advisers had held in reserve. On December 18, the President sent to
+Congress a message recommending "an immediate inhibition of the
+departure of our vessels from the ports of the United States." The
+Senate responded<span class='pagenum'><a name="Page_189" id="Page_189">[Pg 189]</a></span> by passing a bill (which Jefferson probably drafted)
+through its three stages in a single day; the House passed the measure
+after only two days of debate; and on December 22, the Embargo Act
+received the President's signature.</p>
+
+<p>The temper of those who supported the embargo was reflected by Senator
+Adams, of Massachusetts, who was reported to have said: "The President
+has recommended the measure on his high responsibility. I would not
+consider, I would not deliberate; I would act." Yet there were members
+of Congress who were not prepared to accept the high authority of the
+President. The vote in the House of Representatives indicates that
+opinion was divided in Adams's own State. Boston with its environs and
+the interior counties were opposed to the embargo. New York was also
+divided, though here the commercial areas favored the measure. Maryland
+showed a like division of opinion. Connecticut was a unit in opposing
+the President's policy.</p>
+
+<p>What was the measure which was accepted almost without discussion on
+"the high responsibility" of the President? So far as it was defended at
+all, it was presented as a measure for the protection of American ships,
+merchandise, and seamen. It forbade the departure of all ships and
+vessels in the ports of the United States for any foreign port, except
+vessels under the immediate direction of the President. Foreign armed
+vessels were exempted as a matter of course from the operation of this
+act; so also were all vessels in ballast or already loaded with goods at
+the time when the act was passed. Coasting<span class='pagenum'><a name="Page_190" id="Page_190">[Pg 190]</a></span> vessels were to give bonds
+double the value of vessel and cargo to re-land their goods, wares, or
+merchandise in some port of the United States.</p>
+
+<p>American shippers were so little appreciative of the protection offered
+by a benevolent Government that they evaded the embargo from the very
+first. Foreign trade was lucrative in just the proportion that it was
+hazardous. If some skippers obeyed, the profits were so much the greater
+for the less conscientious. Under guise of engaging in the coasting
+trade, many a ship's captain with the connivance of the owner landed his
+cargo in a foreign port. A brisk traffic also sprang up by land across
+the Canadian border.</p>
+
+<div class="figcenter" style="width: 550px;">
+<a name="il15" id="il15"></a>
+<a href="images/i15.jpg"><img src="images/i15-thumb.jpg" width="550" height="791"  alt="House Vote on the Embargo, December 21, 1807" title="" /></a>
+</div>
+
+<p>All pretense that the embargo was designed to protect American commerce
+had now to be abandoned. Jefferson did not attempt to disguise his
+purpose to use the embargo as a great coercive weapon against France and
+Great Britain. Congress passed supplementary acts and suffered the
+President to exercise a vast discretionary power which was strangely at
+variance with Republican traditions. "When you are doubtful," wrote the
+President with reference to coasting vessels, "consider me as voting for
+detention." "We find it necessary," he informed the governors of the
+States, "to consider every vessel as suspicious which has on board any
+article of domestic produce in demand at foreign markets." Governors of
+those States which consumed more wheat than they produced were to issue
+certificates to collectors of ports stating the amount desired. The
+collectors in turn were to authorize merchants in<span class='pagenum'><a name="Page_191" id="Page_191">[Pg 191]</a></span> whom they had
+confidence to import the needed supplies. Nor did the President hesitate
+to put whole communities under the ban when individual shipowners were
+suspected of engaging in illicit trade. He so far forgot his horror of a
+standing army that he asked Congress for an addition to the regular army
+of six thousand men. Congress had already made an appropriation of
+$850,000 to build gunboats. It now appropriated a million and a quarter
+for fortifications and for the equipment of the militia.</p>
+
+<p>Through the long summer of 1808, President Jefferson waited anxiously
+for the effects of coercion to appear. The reports from abroad were not
+encouraging. The effects of the embargo upon English economy are even
+now a matter of conjecture. In the opinion of Mr. Henry Adams, the
+embargo only fattened the shipowners and squires who devised the orders
+in council, and lowered the wages and moral standard of the laboring
+classes by cutting off temporarily the importation of foodstuffs and the
+raw material for British manufacturers. When Pinkney approached Canning
+with the proposal that England should revoke her orders upon the
+withdrawal of the embargo, he was told, with biting sarcasm, that "if it
+were possible to make any sacrifice for the repeal of the embargo
+without appearing to deprecate it as a measure of hostility, he [His
+Majesty] would gladly have facilitated its removal as a measure of
+inconvenient restriction upon the American people." The blow aimed at
+Great Britain had missed its mark.</p>
+
+<p>From the first Napoleon had welcomed the embargo as a measure likely to
+contribute to the success<span class='pagenum'><a name="Page_192" id="Page_192">[Pg 192]</a></span> of his continental system. On April 17, 1808,
+he issued a decree from Bayonne ordering the seizure of all American
+vessels in French ports. It was argued ingeniously that since they were
+abroad in violation of the embargo, they were not <i>bona fide</i> American
+vessels, but presumptively British, and therefore subject to capture. To
+accept the aid of the French Emperor in enforcing a policy which was
+intended to coerce his action, was humiliating to the last degree.
+Armstrong wrote to Madison that in his opinion the coercive force of the
+embargo had been overrated. "Here it is not felt, and in England ... it
+is forgotten."</p>
+
+<p>The importance of the embargo, Jefferson never tired of repeating, was
+not to be measured in money. If the brutalities of war and the
+corruption incident to war could be avoided by this alternative, the
+experiment was well worth trying. Yet Jefferson himself was startled by
+the deliberate and systematic evasions of the law. "I did not expect,"
+he confessed, "a crop of so sudden and rank growth of fraud and open
+opposition by force could have grown up in the United States." Moreover,
+the cost of the embargo was very great. The value of exports fell from
+$108,000,000 in 1807 to $22,000,000 in the following year. The national
+revenue from import duties was cut down by one half.</p>
+
+<p>The embargo bore down with crushing weight upon New England, where
+nearly one third of the ships engaged in the carrying trade were owned.
+The shipbuilding industry languished, as well as all the industries
+subsidiary to commerce. Even the farmers<span class='pagenum'><a name="Page_193" id="Page_193">[Pg 193]</a></span> suffered as the embargo
+continued. A temporary loss of their market could have been borne with
+some degree of equanimity, but not an indefinite loss, for imported
+goods now began to rise in price, adding to the general distress.</p>
+
+<p>The economic distress of New England, however, cannot be measured by the
+volume of indignant protest. The Federalist machine never worked more
+effectively than when it directed this unrest and diverted it to
+partisan purposes. Thomas Jefferson's embargo was made to seem a
+vindictive assault upon New England. The Essex Junto, with Timothy
+Pickering as leader, spared no pains to convince the unthinking that
+Jefferson was the tool or the dupe of Napoleon, who was bent upon
+coercing the United States into war with Great Britain. The spring
+election of 1808 gave the measure of this reaction in Massachusetts. The
+Federalists regained control of both houses of the state legislature,
+and forced the resignation of Senator John Quincy Adams, who had broken
+with his party by voting for the embargo, and who had incurred the
+undying enmity of of the Essex Junto by defending the policy of the
+Administration.</p>
+
+<p>In the midst of what Jefferson called "the general factiousness,"
+following the embargo, occurred a presidential election. Jefferson was
+not a candidate for re&euml;lection. His fondest hope now was that he might
+be allowed to retire with honor to the bosom of his family. Upon whom
+would his mantle fall? Madison was his probable preference; and Madison
+had the doubtful advantage of a formal nomination<span class='pagenum'><a name="Page_194" id="Page_194">[Pg 194]</a></span> by the regular
+congressional caucus of the party. But Monroe still considered his
+chances of election good; and Vice-President George Clinton also
+announced his candidacy. Both Monroe and Clinton represented those
+elements of opposition which harassed the closing months of the
+Administration. Contrary to expectation, the Federalists did not ally
+themselves with Clinton, but preferred to go down in defeat under their
+old leaders, Charles C. Pinckney and Rufus King. With the opposition
+thus divided, Madison scored an easy victory; but against him was the
+almost solid vote of a section. All the New England States but Vermont
+cast their electoral votes for the Federalist candidates.</p>
+
+<p>Before the end of the year the failure of the embargo was patent to
+every fair-minded observer. The alternatives, war or submission, were
+not pleasant to contemplate. From force of habit the party in power
+looked to Jefferson for leadership; but since Madison's election, he had
+assumed the r&ocirc;le of "unmeddling listener," not wishing to commit his
+successor to any policy. The abdication of Jefferson thus left the party
+without a leader and without a program at a most critical moment.</p>
+
+<p>Under the circumstances it was easier to continue the embargo than to
+face the probability of war. Gallatin had already urged the need of more
+stringent laws for the enforcement of the embargo,&mdash;laws which he
+admitted were both odious and dangerous. On January 9, 1809, Congress
+passed the desired legislation. Thereafter coasting vessels were obliged
+to give bonds to six times the value of vessel<span class='pagenum'><a name="Page_195" id="Page_195">[Pg 195]</a></span> and cargo before they
+were permitted to load. Collectors were authorized to refuse permission
+if in their opinion there was "an intention to violate the embargo."
+Only loss at sea released a shipowner from his bond. In suits at law
+neither capture nor any other accident could be pleaded. Collectors at
+the ports and on the frontiers were authorized to seize goods which were
+"apparently on their way toward the territory of a foreign nation." And
+for such seizures the collectors were not liable in courts of law. The
+army, the navy, and the militia were put at their disposal.</p>
+
+<p>The "Force Act" was the last straw for the Federalists of Massachusetts.
+Town after town adopted resolutions which ran through the whole gamut of
+partisan abuse. The General Court of Massachusetts resolved that it
+would co&ouml;perate with other States in procuring such amendments to the
+Constitution as were necessary to obtain protection for commerce and to
+give to the commercial States "their fair and just consideration in the
+government of the Union." Governor Trumbull, of Connecticut, flatly
+declined to allow the militia to assist the collectors in the
+enforcement of the embargo, holding that the act to enforce the embargo
+was unconstitutional, "interfering with the state sovereignties, and
+subversive of the guaranteed rights, privileges, and immunities of the
+citizens of the United States." The legislature rallied to the support
+of the governor with resolutions which breathe much the same spirit as
+the Virginia and Kentucky Resolutions of 1798.</p>
+
+<p>The incessant bombardment by the New England<span class='pagenum'><a name="Page_196" id="Page_196">[Pg 196]</a></span> towns was too much for
+Jefferson's equanimity. "I felt the foundation of the government shaken
+under my feet by the New England townships," he said in after years. His
+control over his own party was gone. Northern Republicans combined with
+Federalists to force the repeal of the embargo through Congress; and on
+March 1, 1809, with much bitterness of spirit, Jefferson signed the bill
+that terminated his great experiment. Instead of interdicting commerce
+altogether, Congress suspended intercourse with France and Great Britain
+after March 15 and until one or the other of the offenders repealed its
+obnoxious orders. Meantime, American vessels were free to pick up what
+trade they could with other nations.</p>
+
+
+<p class="subhead2">BIBLIOGRAPHICAL NOTE</p>
+
+<div class="blockquot"><p>The historical writings of Henry Adams are indispensable aids to
+an understanding of the foreign policy of Jefferson. On the effect
+of the embargo, Channing, <i>The Jeffersonian System</i>, takes sharp
+issue with Adams. There is a mass of valuable data on social
+history in the third volume of McMaster, <i>History of the People of
+the United States</i>. E. L. Bogart, <i>Economic History of the United
+States</i> (1913); Katherine Coman, <i>Industrial History of the United
+States</i> (1913); and C. D. Wright, <i>Industrial Evolution of the
+United States</i> (1907), are manuals containing much valuable
+matter. The brief introductions to the chapters in G. S.
+Callender, <i>Selections from the Economic History of the United
+Slates</i> (1909), are always illuminating. The foreign policy of
+Jefferson and Madison is extensively reviewed in A. T. Mahan, <i>Sea
+Power in its Relations to the War of 1812</i> (2 vols., 1905).</p></div>
+
+
+
+<hr style="width: 65%;" />
+<p><span class='pagenum'><a name="Page_197" id="Page_197">[Pg 197]</a></span></p>
+<p class="subhead1"><a name="CHAPTER_XI" id="CHAPTER_XI"></a>CHAPTER XI</p>
+
+<p class="subhead2">THE APPROACH OF WAR</p>
+
+
+<p>The Administration of James Madison began with what seemed like a
+diplomatic triumph. Negotiations with the new British minister, Erskine,
+led to a complete agreement on all the points in dispute. Full
+reparation was to be made for the Chesapeake affair. The offensive
+orders in council of 1807 were to be withdrawn on a fixed date.
+Thereupon, with undisguised satisfaction, the President issued a
+proclamation, April 21, 1809, renewing commercial intercourse with Great
+Britain. General rejoicing followed. Ships which had been tied up to
+wharves for eighteen months put to sea with crowded holds. Those
+Republicans who had stanchly upheld the Jeffersonian policy of peaceable
+coercion boldly claimed for the embargo the credit of having brought
+about this happy consummation. Some misgivings were excited, to be sure,
+by the report of a new order in council which substituted a blockade of
+Holland, France, and Italy for the order of November, 1807; yet weeks of
+smug satisfaction were enjoyed by the Administration before it was
+bewildered by the tidings that Canning had recalled Erskine and
+repudiated all his acts. Madison had to submit to "the mortifying
+necessity" of issuing another proclamation reviving the Non-Intercourse
+Act against Great Britain.<span class='pagenum'><a name="Page_198" id="Page_198">[Pg 198]</a></span></p>
+
+<p>Erskine was replaced by Francis James Jackson, a typical representative
+of the governing class,&mdash;intolerant, overbearing, and contemptuous. He
+had been chosen in 1807 for the brutal destruction of the Danish fleet
+at Copenhagen. Pinkney described him as "completely attached to all
+those British principles and doctrines which sometimes give us trouble."
+Madison was speedily convinced that conciliation was not the keynote of
+this man's mission. After the first exchange of notes, he took the pen
+out of the hand of Robert Smith, his incompetent Secretary of State, in
+order to deal more effectually with the adversary. When Jackson
+intimated that Erskine had been disavowed for disobedience to
+instructions and that the Administration was somehow responsible for
+this misconduct, Madison warned him sharply that "such insinuations are
+inadmissible in the intercourse of a foreign minister with a government
+that understands what it owes itself"; and a few days later, after an
+exhibition of domineering temper on the part of Jackson, Madison
+informed him that no further communications would be received. Months
+passed, however, before Jackson was recalled; and in the mean time he
+made a tour through the Eastern States where he was warmly welcomed by
+the Federalists. No better evidence was needed to convince the
+Administration of the unpatriotic and pro-British attitude of Federalist
+New England.</p>
+
+<p>The Non-Intercourse Act had brought some measure of relief to New
+England shipping. Trade with parts of the European continent could now
+be carried<span class='pagenum'><a name="Page_199" id="Page_199">[Pg 199]</a></span> on by those who wished to incur the hazard. A greater volume
+of trade was probably carried on illicitly with England. Amelia Island,
+just across the Florida line, and Halifax, in Nova Scotia, became
+intermediate ports to which American goods went for reshipment to Europe
+and to which British merchandise was shipped for distribution in the
+United States. Notwithstanding these well-known evasions of the law,
+Congress would probably have been content to leave well enough alone but
+for the fact that the Non-Intercourse Act would expire by limitation in
+the spring of 1810. Some action was imperative. A bill was drawn by the
+Administration to meet the situation and introduced in the House by
+Macon; but it failed to command the support of the party and was dropped
+in favor of a second bill, commonly known as Macon's Bill No. 2, though
+he was not the author of it. This measure eventually became law, May 1,
+1810. "It marked the last stage toward the admitted failure of
+commercial restrictions as a substitute for war," writes Mr. Adams. By
+repealing the Non-Intercourse Act it left commerce free once more to
+seek the markets of the world. In case either Great Britain or France
+should revoke or modify its hostile policy, the President was authorized
+to revive the Non-Intercourse Act against the delinquent nation.</p>
+
+<p>After the Non-Intercourse Act of 1809, Napoleon had begun the
+"sequestration" of American vessels in European ports. Sequestration
+proved to be only a euphemistic expression for confiscation. On May 14,
+he issued from Rambouillet a decree which authorized the seizure and
+condemnation of all American<span class='pagenum'><a name="Page_200" id="Page_200">[Pg 200]</a></span> ships in French ports. With an eye to the
+needs of his war chest, the Emperor calculated that by drawing in this
+net he would make a catch amounting to about six million dollars. As a
+matter of fact, this was a conservative estimate. The American consul at
+Paris reported the seizure of one hundred and thirty-four vessels
+between April, 1809, and April, 1810. The actual loss to American
+shipowners could not have been less than ten millions of dollars.</p>
+
+<p>The news of the passage of Macon's bill suggested another stroke to the
+wily conqueror of Europe. On August 5, he announced to the American
+Minister that the decrees of Berlin and Milan were revoked and would be
+inoperative after November 1, "it being understood that in consequence
+of this declaration the English are to revoke their orders in council
+and renounce the new principles of blockade," and that the United
+States, conforming to its act of May 1, 1810, would "cause their rights
+to be respected by the English."</p>
+
+<p>Accepting this letter at its face value, with a credulity which now
+seems incredible, President Madison proclaimed on November 2 that France
+had withdrawn its decrees, and that in consequence commercial
+intercourse with Great Britain would be suspended on and after February
+2, 1811. Madison's haste was due to a very natural desire to coerce
+Great Britain into a similar renunciation, but to his chagrin, the
+British Ministry refused to accept the mere notification of Napoleon as
+evidence of the repeal of the various decrees. Even the supporters of
+the Administration became uneasy as months passed<span class='pagenum'><a name="Page_201" id="Page_201">[Pg 201]</a></span> without any formal
+edict of revocation. Might not the courts adjudge that the decrees had
+not been repealed <i>pro forma</i>? The Administration was greatly perturbed
+in December, too, by the news that two American vessels had been
+sequestered at Bordeaux. After much hesitation, Congress came to the
+support of the President and revived the Non-Intercourse Act against
+Great Britain, at the same time admitting the weakness of its position
+by the additional provision that the courts should not entertain the
+question whether the French decrees were or were not revoked. On the
+same day, February 28, 1811, Pinkney took formal leave of the Prince
+Regent under circumstances which presaged, if they did not imply, a
+rupture of diplomatic relations. Yet the British Ministry had so little
+comprehension of the temper of the American people that at this very
+moment Wellesley was drafting instructions for the new Minister, Mr.
+Augustus John Foster, which bade him yield not a jot or a tittle to the
+alleged rights of neutrals. He was, however, to make proper reparation
+for the Chesapeake affair.</p>
+
+<p>In these months of struggle for the rights of neutral commerce, the
+question of impressments had been relegated to second place in the minds
+of Americans. The blockade of New York by British frigates in the spring
+of 1811 suddenly revived the old controversy. For a year past an
+American squadron under the command of Commodore John Rodgers had
+patrolled the coast, under instructions to protect all merchantmen from
+molestation by armed foreign cruisers within the three-mile limit.<span class='pagenum'><a name="Page_202" id="Page_202">[Pg 202]</a></span></p>
+
+<p>The British frigate Guerri&egrave;re had made itself particularly offensive by
+its search crews and arbitrary seizures of alleged deserters. On May 16,
+1811, Commodore Rodgers's flagship, the frigate President carrying
+forty-four guns, sighted a British sloop-of-war some fifty miles east of
+Cape Henry, which he believed to be the Guerri&egrave;re, and wishing to make
+inquiries about a certain seaman who was reported to have been
+impressed, Rodgers sailed toward the stranger. The vessel acted in a
+manner which was thought suspicious, so the President gave chase. On
+coming within range about dusk, the American frigate was fired upon, so
+it was alleged in a subsequent court of inquiry. The President then
+opened its batteries and in less than fifteen minutes had overpowered
+the British corvette. To his surprise and disappointment, Rodgers then
+learned that his antagonist was not the Guerri&egrave;re, but the Little Belt,
+a vessel far inferior to his own and carrying only twenty guns. When the
+new British Minister arrived in Washington, he found the Administration
+singularly indifferent to the historic Chesapeake affair. In the opinion
+of the American public, the President had avenged the Chesapeake.</p>
+
+<p>While Congress was vacillating between non-intercourse and partial
+non-intercourse, in the early months of 1810, with a strong inclination
+toward the path of least resistance, one voice was raised for war. Henry
+Clay was then filling out an unexpired term in the Senate upon
+appointment by the Governor of Kentucky. Born in Virginia, thirty-three
+years before, he had sought his fortune as a young<span class='pagenum'><a name="Page_203" id="Page_203">[Pg 203]</a></span> lawyer in the new
+communities beyond the Alleghanies. Closely identified with the
+aggressive spirit of his section, he voiced a growing sense of
+humiliation that his country should be buffeted by every British
+ministry. The people of Kentucky and Tennessee had little patience with
+half measures in defense of national rights. The petty diplomacy of
+closet statesmen did not appeal to the soul of the frontiersman who was
+accustomed to hew his way to his goal. The people of this section,
+imperial in its dimensions, were prepared for large tasks done in a bold
+way. Their ideas of the Union transcended the policies of Eastern
+statesmen, whose eyes saw no farther than the tops of the Alleghanies
+and whose ears listened all too readily to the admonitions of European
+chancellors. Clay spoke heatedly of the "ignominious surrender of our
+rights"&mdash;heritage of the heroes of the Revolution. He would have
+Congress exhibit the vigor of their forbears. "The conquest of Canada is
+in your power," he cried. "I trust I shall not be deemed presumptuous
+when I state that I verily believe that the militia of Kentucky alone
+are competent to place Montreal and Upper Canada at your feet." This was
+a new and unfamiliar style of oratory in the Senate of the United
+States.</p>
+
+<p>At this moment, however, the United States seemed far more likely to
+acquire the Floridas than Canada. In the summer of 1810, Americans who
+had crossed the border and settled in and around the district of West
+Feliciana rose in revolt against the Spanish governor at Baton Rouge,
+and declared West Florida a free and independent state, appealing to the
+Supreme<span class='pagenum'><a name="Page_204" id="Page_204">[Pg 204]</a></span> Ruler of the world for the rectitude of their intentions. What
+their intentions were appeared in a petition to the President for
+annexation to the United States. This was an opportune moment for the
+realization of the hopes which Madison had cherished ever since the
+acquisition of Louisiana. On October 27, 1810, he issued a proclamation,
+announcing that Governor Claiborne would take possession of West Florida
+to the river Perdido, in the name of the United States.</p>
+
+<p>Not satisfied with this achievement, President Madison called attention
+in a secret message to the condition of East Florida and asked Congress
+for authority to take temporary possession of any part or parts of the
+territory. With equal secrecy Congress gave the desired authorization,
+and the President immediately sent two commissioners with large
+discretionary powers to the St. Mary's River. In March, 1812, another
+"revolution" took place. The Spanish governor of East Florida was forced
+to surrender and to permit the occupation of Amelia Island in the name
+of the United States. The farce was too broad, however, even for the
+eager Administration. The President was obliged to disavow the acts of
+his agents. But Amelia Island was not evacuated until May, 1813, and
+West Florida was never released. After much deliberation Congress
+annexed part of the region to the new State of Louisiana and joined the
+rest to the Territory of Mississippi.</p>
+
+<p>In the Northwest also American pioneers were overrunning the bounds, not
+those fixed by international agreement, to be sure, but those marked by<span class='pagenum'><a name="Page_205" id="Page_205">[Pg 205]</a></span>
+Indian treaties, which commanded even less respect. A society which
+believed that the only good Indian was a dead Indian was not likely to
+be over-nice in its appraisal of his property rights. The line of
+intercourse marked by the Treaty of Greenville in 1795 had receded
+somewhat as home-seekers had pushed their way up the rivers from the
+Ohio into the Indiana Territory; but the vast interior around the upper
+waters of the Wabash River was still closed to white men. Governor
+William Henry Harrison fully shared the irritation of the settlers that
+Indians should monopolize the best lands. He was therefore a willing
+agent of the President when in 1804 and 1805 he took advantage of the
+necessities of certain chieftains, whom he called "the most depraved
+wretches on earth," to despoil whole tribes of their lands, under the
+guise of treaties.</p>
+
+<p>Among the better class of Indians this policy aroused the bitterest
+resentment. The rise of Tecumseh, son of a Shawnee warrior, and of his
+brother the Prophet, dates from this time. It was the aim of these
+remarkable individuals to prevent the further alienation of Indian lands
+by limiting the authority of irresponsible local chiefs and conferring
+it upon a congress of warriors from all allied tribes. During the year
+1808, Tecumseh and the Prophet laid the foundation of a confederacy by
+establishing an Indian village on Tippecanoe Creek, one hundred and
+fifty miles above Vincennes.</p>
+
+<p>In the following year (1809), Governor Harrison anticipated the
+formation of this Indian confederation by beginning negotiations with
+the same irresponsible<span class='pagenum'><a name="Page_206" id="Page_206">[Pg 206]</a></span> sachems for the cession of more lands. The
+treaty, which was readily concluded, carried despair to the heart of
+every follower of Tecumseh, for it conveyed to the National Government
+three millions of acres of the best lands in the Indian country,
+extending along both banks of the Wabash for a hundred miles. An
+alliance with the British seemed to be the only recourse of the Indians.
+Only a spark was needed to start a conflagration along the whole
+frontier.</p>
+
+<p>Although war was believed to be imminent by the people of Indiana, the
+winter and summer of 1811 passed without untoward events. Toward the end
+of October, Harrison began a forward movement into the Indian country.
+On the morning of November 7, his camp on the banks of the Tippecanoe
+was attacked. A sharp engagement followed, in which the army narrowly
+escaped disaster; but the troops rallied and finally succeeded in
+routing the Indians. In the abandoned village of the Prophet were found
+English arms&mdash;confirmatory evidence, it was said, of the part which the
+British in Canada had taken in the projects of Tecumseh and the Prophet.
+Occurring at a moment of tension between the United States and Great
+Britain, the battle of Tippecanoe may be regarded properly as "a
+premature outbreak of the great wars of 1812." An unforeseen consequence
+of this skirmish on the frontier was the rise of a new popular hero in
+the West.</p>
+
+<p>Nationally minded men indulged high hopes of the new Congress which
+convened at the capital in November, 1811. The presence of some seventy
+new<span class='pagenum'><a name="Page_207" id="Page_207">[Pg 207]</a></span> members, many of whom belonged to a younger generation, warranted
+the expectation that the Twelfth Congress would exhibit greater vigor
+than its predecessor. In organizing, the House passed over Macon, who
+belonged to the old school of statesmen, and chose as Speaker Henry
+Clay, who had exchanged his seat in the Senate for this more stirring
+arena. Clay's conception of the Speakership was novel. He was determined
+to be something more than a mere presiding officer. As a leader of his
+party he proposed to use his powers of office to shape legislation. His
+heart was set upon an aggressive policy. War had no terrors for him. He
+therefore named his committees with the possibility of war in mind.</p>
+
+<p>There were many young men who shared Clay's impatience with the policy
+of peaceable coercion and its humiliating sequel. Grundy, of Tennessee,
+had been elected because he openly favored war. He admitted that he was
+"anxious not only to add the Floridas to the south, but the Canadas to
+the north of this Empire." John C. Calhoun, a new member from South
+Carolina, openly repudiated the restrictive system of the President as a
+mode of resistance suited neither to the genius of the people nor to the
+geographical character of the country. "We have had a peace like a war,"
+he cried; "in the name of Heaven let us not have the only thing that is
+worse&mdash;a war like a peace!" Clay left the chair frequently to stir the
+House by his glowing eloquence. Whatever else might be said about these
+young stalwarts, no one could doubt their ardent nationalism and
+devotion to the Union. Even the President was<span class='pagenum'><a name="Page_208" id="Page_208">[Pg 208]</a></span> moved to allude gently in
+his annual message to the duty of assuming "an attitude demanded by the
+crisis and corresponding with the national spirit and expectations."</p>
+
+<p>The response of Congress was exasperatingly slow. It was January before
+a bill to increase the standing army by twenty-five thousand men became
+law. Another month passed before Congress would agree to a bill
+authorizing the President to raise a volunteer force of fifty thousand
+men. No arguments would move the House to vote an appropriation of seven
+and a half million dollars for a navy of twenty frigates and twelve
+ships-of-the-line. Even more discouraging was the reluctance of Congress
+to anticipate the financial drain of war by levying the internal revenue
+taxes which Gallatin strongly recommended, now that Congress had
+suffered the charter of the National Bank to expire. Without that
+important instrument of credit, he saw no alternative but to revive the
+excise which was so hateful to Republicans. In the end Congress
+authorized a loan of eleven million dollars, but no additional taxes.</p>
+
+<div class="figcenter" style="width: 550px;">
+<a name="il16" id="il16"></a>
+<a href="images/i16.jpg"><img src="images/i16-thumb.jpg" width="550" height="795"  alt="Vote of House on the Declaration of War June 4, 1812" title="" /></a>
+</div>
+
+<p>From the first the war party had fixed upon Great Britain as the object
+of attack. In the sober light of history, France appears to be quite as
+much an enemy to American commerce. But so long as the Administration
+maintained that Napoleon had withdrawn his decrees, and that England had
+not, consistency required that Great Britain should be regarded as the
+greater offender. Reparation had been made for the Chesapeake affair, to
+be sure, but no guaranties had been given that the rights of<span class='pagenum'><a name="Page_209" id="Page_209">[Pg 209]</a></span>
+neutral vessels would be respected on the high seas. Besides, the group
+of young Republicans led by Clay and Grundy had looked forward to the
+conquest of Canada on the north and of Florida on the south as the
+result of war. Madison was too keen a politician not to know that he
+could not afford to alienate this group if he wished a second term in
+office. On April 1, he recommended an embargo for sixty days, and two
+months later, on June 1, he sent his famous war message to Congress.</p>
+
+<p>In reciting the grievances of the United States, the President thrust
+into the foreground "the continued practice of violating the American
+flag on the great highway of nations, and of seizing and carrying off
+persons sailing under it." No one could deny that these were real
+grievances, but they had not been pressed in recent negotiations as a
+possible cause of war. A second grievance was the blockade of American
+ports by British cruisers. "They hover over and harass our entering and
+departing commerce," said the President. "To the most insulting
+pretentions they have added the most lawless proceedings in our very
+harbors; and have wantonly spilt American blood within the sanctuary of
+our territorial jurisdiction." This grievance was also real, but not of
+recent date. When the President alluded to "pretended blockades" under
+which "our commerce has been plundered in every sea," he touched upon
+outrages which were still fresh in the minds of all. "Not content with
+these occasional expedients for laying waste our neutral trade,"
+continued the message, "the Cabinet of Great Britain resorted, at<span class='pagenum'><a name="Page_210" id="Page_210">[Pg 210]</a></span>
+length, to the sweeping system of blockades, under the name of Orders in
+Council." Finally, the President did not refrain from the plain
+intimation that the Indian hostilities on the frontier were due to the
+influence of British traders and British garrisons.</p>
+
+<p>Three days later the House of Representatives passed a bill declaring
+war by a vote of 79 to 49. The opposition came largely from the
+Northeast. The representatives from Connecticut and Rhode Island were to
+a man against war, and they were supported by Federalists from
+Massachusetts, New York, New Jersey, Maryland, and Delaware. In the
+Senate the vote stood 19 for war and 13 against it. "Except
+Pennsylvania, the entire representation of no Northern State declared
+itself for the war; except Kentucky, every State south of the Potomac
+and Ohio voted for the declaration."</p>
+
+<p>While Congress was debating the alternatives of peace or war, the
+British Government took a step which under modern conditions would have
+averted hostilities. Taking advantage of a decree of Napoleon dating
+from 1810, which declared his edicts revoked so far as American vessels
+were concerned, the Ministry announced on June 23 that the British
+orders would be withdrawn. But just five days earlier, President Madison
+had proclaimed a state of war between the United States and Great
+Britain.</p>
+
+
+<p class="subhead2">BIBLIOGRAPHICAL NOTE</p>
+
+<div class="blockquot"><p>A brief account of the events which formed the prelude to the War
+of 1812 may be found in K. C. Babcock, <i>The Rise of American
+Nationality</i> (in <i>The American Nation</i>, vol. 13, 1906). The
+diplomatic<span class='pagenum'><a name="Page_211" id="Page_211">[Pg 211]</a></span> and military antecedents of the war are set forth at
+greater length in A. T. Mahan, <i>Sea Power in its Relation to the
+War of 1812</i> (2 vols., 1905). Biographies contribute much that is
+of interest. Carl Schurz, <i>Henry Clay</i> (2 vols., 1887), is one of
+the best. J. T. Morse, <i>John Quincy Adams</i> (1882), and Edmund
+Quincy, <i>Life of Josiah Quincy of Massachusetts</i> (1867), also
+contain interesting information. M. P. Follett, <i>The Speaker of
+the House of Representatives</i> (1896); Edward Stanwood, <i>History of
+the Presidency</i> (1898); and M. L. Hinsdale, <i>History of the
+President's Cabinet</i> (1911), touch upon important aspects of
+politics. The volume entitled <i>Memoirs and Letters of Dolly
+Madison</i> (1886) gives many charming glimpses of social life at the
+capital. The discomforts and hazards of travel in the West are
+described with great vivacity by Margaret Van Horn, <i>A Journey to
+Ohio in 1810</i> (1912).</p></div>
+
+
+
+<hr style="width: 65%;" />
+<p><span class='pagenum'><a name="Page_212" id="Page_212">[Pg 212]</a></span></p>
+<p class="subhead1"><a name="CHAPTER_XII" id="CHAPTER_XII"></a>CHAPTER XII</p>
+
+<p class="subhead2">THE WAR OF 1812</p>
+
+
+<p>When hostilities began in North America, the war establishment of the
+United States stood officially at 36,700 men. Actually the army
+consisted of ten regiments with ranks half filled, scattered in
+garrisons from Mackinac to Lake Champlain,&mdash;a force of less than 10,000
+men, of whom 4000 were raw recruits. The staff was made up of old and
+incompetent officers; and from a military point of view the new
+appointments left much to be desired. The navy which was to contest the
+supremacy of the seas with the victor at Trafalgar consisted of twelve
+sea-going vessels and some two hundred gunboats, which were useless
+except for coast defense. There was bitter truth in the manifesto issued
+by the Federalist members of Congress when it said: "Our enemy is the
+greatest maritime power that has ever been on earth, and to her we offer
+the most tempting prizes. Our merchantmen are on every sea. Our rich
+cities lie along the Atlantic seaboard close to the water's edge. And to
+defend these from the cruisers of Great Britain we are to have an army
+of raw recruits yet to be raised and a navy of gunboats now stranded on
+the beaches and frigates that have long been rotting in the slime of the
+Potomac."</p>
+
+<p>The worst aspect of the war was its sectional character. New England was
+in opposition. From<span class='pagenum'><a name="Page_213" id="Page_213">[Pg 213]</a></span> the outset the activity of the National
+Administration was weakened by the indubitable fact that the United
+States, as the Federalists were never tired of repeating, began the war
+"as a divided people." When General Dearborn made requisition upon the
+governors of Massachusetts and Connecticut for militia to defend the
+coast, Governor Strong ignored the summons. Pressed for a reply, he
+finally stated to the Secretary of War that the judges of the Supreme
+Court of Massachusetts had advised him that the commanders-in-chief of
+the militia in the several States, rather than the President, had the
+right to determine whether any of the exigencies contemplated by the
+Constitution existed so as to require them to place the militia in the
+service of the United States. The judges also advised the governor that
+the militia, when in the service of the United States, could not
+lawfully be commanded by any federal officers below the President, but
+only by state officers. The general assembly of Connecticut sustained
+Governor Griswold in a similar attitude toward the federal authorities,
+holding that the war was an offensive war to which the provisions of the
+Constitution respecting the militia did not apply.</p>
+
+<p>From the first the war-hawks had cried, "On to Canada," for their hope
+of conquest was undisguised. "Agrarian cupidity," declared Randolph,
+"not maritime right, urges the war. Ever since the report of the
+Committee on Foreign Relations came into the House, we have heard but
+one word,&mdash;like the whippoorwill, but one eternal monotonous
+tone,&mdash;Canada, Canada, Canada!" Military considerations, however,<span class='pagenum'><a name="Page_214" id="Page_214">[Pg 214]</a></span>
+probably determined the campaign of 1812,&mdash;so far, indeed, as any
+well-considered plans were worked out. A general advance was to be made
+along the route by Lake Champlain to Montreal. Three expeditions were
+also to be sent against Sackett's Harbor, Niagara, and Malden. All were
+strategic points on the Lakes; but Malden was particularly important as
+the center of British influence among the Indians of the Northwest.</p>
+
+<p>The expedition against Malden, which was entrusted to General William
+Hull, not only failed to accomplish its purpose, but terminated in the
+most humiliating reverse of the war. For reasons that have never been
+adequately explained, Hull laid siege to Malden instead of attacking it
+at once with his superior force; and when British re&euml;nforcements
+appeared, he not only abandoned the siege, but on August 15, surrendered
+Fort Detroit without firing a shot. The army, the fort, and the
+undisputed control of the Michigan country passed into the hands of the
+British. On the same day occurred the surrender of Fort Dearborn and the
+massacre of its garrison by the Indians.</p>
+
+<p>The other military operations on the northern frontier were scarcely
+less inglorious. The failure of the attack upon Queenston, October 13,
+was due largely to the incompetence of the commanding general. Nowhere
+did the American troops pierce the Niagara or Lake Champlain frontier.
+The Duke of Wellington was well within the truth when he declared the
+American campaign of 1812 "beneath criticism."<span class='pagenum'><a name="Page_215" id="Page_215">[Pg 215]</a></span></p>
+
+<p>The smart of these humiliating failures was only relieved by the series
+of stirring naval victories which began with the duel between the
+Constitution and the Guerri&egrave;re. The frigates met on August 19, some
+three hundred miles off Cape Race. "In less than thirty minutes from the
+time we got alongside of the enemy," reported Captain Hull of the
+Constitution, "she was left without a spar standing, and the hull cut to
+pieces in such a manner as to make it difficult to keep her above
+water." The effect of this victory was electric. When the Constitution
+reached Boston Harbor, even Federalists broke into exultation. The cry
+in every New England home was, "Thank God for Hull's victory!" Nothing
+could have been better timed and more dramatic. The papers which
+announced the humiliating surrender of General Hull contained the news
+of his nephew's victory.</p>
+
+<p>If the victory of the Constitution was won on unequal terms,&mdash;the
+Guerri&egrave;re was undoubtedly inferior,&mdash;the British Admiralty could not
+excuse a second naval defeat on this score. On October 17, the American
+sloop-of-war Wasp encountered the brig Frolic convoying merchantmen six
+hundred miles east of Norfolk. There was little to choose between the
+vessels either in size or equipment, yet the marksmanship of the
+American gunners was so far superior that in forty-three minutes the
+crew of the Wasp had boarded the Frolic. Not even the subsequent capture
+of both vessels by a British ship-of-the-line could dim the glory of
+this victory. A week later the frigate United States under Captain
+Decatur captured the Macedonia and brought her into New<span class='pagenum'><a name="Page_216" id="Page_216">[Pg 216]</a></span> London&mdash;"the
+only British frigate ever brought as a prize into an American port." In
+December the Constitution, now commanded by Captain Bainbridge, added to
+her laurels by overpowering the powerful frigate Java.</p>
+
+<p>The effect of these disasters upon the British public was out of all
+proportion to the actual value of the vessels lost. Canning afterward
+declared that the loss of the Guerri&egrave;re and the Macedonia produced a
+sensation scarcely to be equaled by the most violent convulsion of
+nature. "The sacred spell of the invincibility of the British navy was
+broken by those unfortunate captures."</p>
+
+<p>In the midst of the war occurred a presidential election. Madison had
+been the unanimous choice of the congressional caucus held in May; but
+only eighty-three out of one hundred and thirty-three Republicans had
+attended, and the discontent of New York Republicans was well known. The
+nomination of De Witt Clinton by the New York legislative caucus opened
+wide the breach in the party. In September a convention of Federalists
+repeated the error of 1804 and indorsed Clinton's nomination, naming as
+his partner Jared Ingersoll, of Pennsylvania. Elbridge Gerry, of
+Massachusetts, was finally nominated for Vice-President by the
+Republicans. The alternatives presented to the people seemed to be
+Madison and continued war ineffectively conducted, or Clinton and still
+more humiliating peace. New York, New Jersey, Delaware, and all the New
+England States but Vermont, preferred Clinton. The South and West
+supported Madison; but without the<span class='pagenum'><a name="Page_217" id="Page_217">[Pg 217]</a></span> vote of Pennsylvania Madison would
+have been defeated.</p>
+
+<p>To retrieve Hull's disaster, General William Henry Harrison, the hero of
+Tippecanoe, was placed in command of the Western army in the fall of
+1812; but a succession of mishaps overtook his expedition into the
+Northwest. He not only failed to reach Detroit, but lost most of his
+available troops by disease, desertion, and the onset of British
+detachments from Fort Malden.</p>
+
+<p>It was now clear that the control of the Lakes was indispensable for a
+successful invasion of Canada. At the close of the year 1812, there was
+not a war-vessel flying the American flag on Lake Erie. To create a
+fleet was the task set for Oliver Hazard Perry, a young naval officer,
+who was sent from Newport to Presqu' Isle. Of the needful supplies only
+timber was abundant; the rest had to be brought overland from
+Philadelphia by way of Pittsburg. Surmounting all obstacles,
+nevertheless, the energetic Perry finally got together a flotilla of
+vessels which was quite equal to the British squadron. The two fleets
+met in battle off Sandusky on September 10, 1813. The American boat
+Lawrence, Perry's flagship, was obliged to strike her colors, but Perry
+boarded another vessel of his fleet and succeeded in turning defeat into
+a brilliant victory. "We have met the enemy and they are ours," was his
+triumphant dispatch to General Harrison.</p>
+
+<p>The way was now open to the invasion of Canada. Under the protection of
+Perry's fleet, Harrison was able to transport his army to the Canadian
+shore<span class='pagenum'><a name="Page_218" id="Page_218">[Pg 218]</a></span> below Fort Malden. The British troops were already in full
+retreat. On October 5, 1813, the American army overtook them and in a
+short but decisive battle on the river Thames revenged the loss of
+Detroit. Among the dead on the British side was found the body of
+Tecumseh. In point of numbers, the battle of the Thames is
+insignificant; but it has an important place in the annals of the war
+because it destroyed the British military power in the Northwest and
+recovered control of the Michigan Territory.</p>
+
+<p>No such success attended the movement of American troops on the Niagara
+and St. Lawrence frontier. The control of Lake Ontario was in doubt
+throughout the year 1813. The military operations, first under Dearborn,
+and then under Wilkinson and Hampton, were indecisive. Indeed, the
+events of the year served only one good purpose: they revealed the
+incompetence of the older generals and the ability of the younger
+officers.</p>
+
+<p>The loss of the Chesapeake in a duel with the Shannon, on June 1, 1813,
+outside of Boston Harbor, left the United States with an available
+sea-going navy of just two frigates and a few small sloops. All the
+other frigates were shut up in various ports by the British blockade,
+which extended from Cape Cod to Florida. The burden of offense during
+the rest of the war fell upon privateers. During the war more than five
+hundred fitted out in American ports. In the year 1813 they took over
+three hundred prizes, while the frigates took but seventy-nine. While
+British cruisers were blockading the coast of the United States, these
+craft, with their beautiful<span class='pagenum'><a name="Page_219" id="Page_219">[Pg 219]</a></span> lines and wonderful spread of canvas,
+carried consternation to all British shippers in the English Channel and
+in the Irish Sea. They "seize prizes in sight of those that should
+afford protection," complained the London <i>Times</i>, "and if pursued put
+on their sea-wings and laugh at the clumsy English pursuers." No
+exploits of the regular navy contributed so much to dispose the British
+governing class to peace as the depredations of these privateers.</p>
+
+<p>In the remote Southwest, the war assumed a different character. There
+the enemy on the border was not Great Britain but Spain. The people of
+the Carolinas and Georgia fully expected to acquire the Floridas while
+the North was wresting Canada from British control. Had President
+Madison been given his way, this wish would have been gratified; but
+Congress refused to countenance the seizure of East Florida, and in May,
+1813, Madison very reluctantly ordered the troops to evacuate Amelia
+Island. No scruples deterred Congress from authorizing the occupation of
+West Florida. In the spring of 1813, General Wilkinson forced the
+surrender of the only Spanish fort on Mobile Bay and took possession of
+the country as far as the Perdido&mdash;"the only permanent gain of territory
+made during the war."</p>
+
+<p>During the first year of the war the younger warriors of the Western
+Creeks, in what is now Alabama, had been incited to hostilities by
+Tecumseh, and in the following spring began depredations which
+culminated in the capture of Fort Mims and the massacre of its
+inhabitants on August 30, 1813. The horrors of an Indian war brought
+every able-bodied<span class='pagenum'><a name="Page_220" id="Page_220">[Pg 220]</a></span> settler in the adjoining States to arms. Before the
+end of the year seven thousand whites had invaded the Indian territory
+and had killed about one fifth of the Creek warriors. The hero of the
+war was General Andrew Jackson, who at the head of an army of Tennessee
+militiamen won a decisive battle at Horseshoe Bend on the Tallapoosa
+River. On August 9, 1814, he forced the chieftains who had not fled
+across the Florida border to sign a treaty of capitulation at Fort
+Jackson and to cede nearly two thirds of their lands in southern Georgia
+and in what afterward became central Alabama. This phase of the war
+opened up a vast territory to settlement and made the military
+reputation of Andrew Jackson.</p>
+
+<p>Operations on the Niagara frontier were resumed by the American troops
+in 1814; but they were now directed by one of the new major-generals,
+Jacob Brown, who infused a new spirit into his soldiers. On July 5,
+General Winfield Scott's brigade won a signal victory at Chippewa. Three
+weeks later, on July 25, the entire army fought a desperate battle at
+Lundy's Lane, which lasted from sunset to midnight. The Americans
+claimed a victory, but the losses were about even and the British
+remained in possession of the field. At the close of the year, despite
+the valiant fighting of Brown's army, the situation on the Niagara had
+not changed materially. The invasion of Canada and a peace dictated from
+Quebec seemed as remote as ever.</p>
+
+<p>The British plans for the campaign of 1814 called for "a diversion on
+the coasts of the United States, in favor of the army employed in the
+defense of<span class='pagenum'><a name="Page_221" id="Page_221">[Pg 221]</a></span> Upper and Lower Canada." For the first time since the
+opening of hostilities, British military authorities could concentrate
+their attention on the war in North America. The defeat of Napoleon on
+the plains of Leipzig had thrown his shattered columns back upon France.
+Thither the allied armies had followed him and forced his capitulation.
+With the end of European wars in sight, Wellington could release his
+veteran troops for service in America. In early summer eleven thousand
+seasoned troops were sent to Canada. Four thousand more were dispatched
+under Major-General Ross, of the Peninsular army, to co&ouml;perate with the
+navy under Admiral Cochrane on the shores of Chesapeake Bay. Later in
+the year Major-General Pakenham, also a veteran of the Peninsular
+campaign, was sent with ten thousand troops to seize the mouth of the
+Mississippi and to force the capitulation of the West by closing the
+ports on the Gulf.</p>
+
+<p>Those whose memories went back thirty-seven years may well have recalled
+Burgoyne's expedition, for it was by the old Lake Champlain route that
+Sir George Prevost began his invasion of New York in September, 1814.
+His objective was Plattsburg, where an American army of not more than
+two thousand men was stationed. Accompanying his army, to insure its
+line of communication with Canada, was a fleet consisting of a frigate,
+a brig, and a dozen smaller vessels. To this fleet, Captain Thomas
+Macdonough could oppose only a corvette and a dozen small craft. The
+fleets met in a battle for the control of the lake on September 11. The
+resourcefulness<span class='pagenum'><a name="Page_222" id="Page_222">[Pg 222]</a></span> of the young American officer saved the day. By winding
+his corvette, the Saratoga, about, so as to bring her unused guns to
+bear just when the fight seemed lost, he forced the formidable Confiance
+to strike her colors. The surrender of the smaller British boats
+followed. The battle of Plattsburg was decisive of the invasion. Fearing
+greater disasters if he pressed on without the control of the waterway
+at his rear, Prevost at once ordered a retreat.</p>
+
+<p>The expedition directed toward Chesapeake Bay was well under way before
+Prevost's ill-starred invasion began. On August 19, General Ross landed
+his forces on the banks of Patuxent River, within striking distance of
+Washington. Marching leisurely across country toward the capital, the
+British finally met at Bladensburg a motley array of some seven thousand
+Americans, hastily summoned from the countryside. What followed is not
+easily described. Some show of resistance was made by the marines from
+the American gunboats in the Patuxent; but for the most part the
+Americans were seized with a panic and fled in wild disorder. The
+President and his Cabinet took to the Virginia woods, leaving the enemy
+to wreak their vengeance on the government buildings. Having fired the
+Capitol, the White House, and other edifices, the British forces
+returned to their fleet and re&euml;mbarked. The historian can take no
+pleasure in dwelling upon details which are discreditable to all
+concerned; for if the British committed acts of vandalism, the Americans
+had provoked retaliation when they burned the parliament houses at York
+in the campaign of 1813.<span class='pagenum'><a name="Page_223" id="Page_223">[Pg 223]</a></span></p>
+
+<p>An attack upon Baltimore which might have resulted in further outrages
+was frustrated by the measures of defense which the government of the
+city had already wisely undertaken. After a skirmish in which General
+Ross was killed, and an ineffective bombardment of the harbor defenses,
+the British withdrew.</p>
+
+<p>A visitor to the national capital after its capture described the
+President as "miserably shattered and woe-begone," and heart-broken at
+the defection of New England. To prosecute the war, money and men were
+needed; but both were wanting. The Administration hoped, but hoped in
+vain, that the victories at Chippewa, Lundy's Lane, and Plattsburg would
+stimulate enlistments; but recruits were not likely to be lured by
+promises which every one knew the Government could not redeem. It became
+clearer every day that unless Congress was disposed to adopt Monroe's
+plan of conscription, the National Government would have to put its
+dependence upon state armies. In September, after Castine and the
+eastern part of Maine to the Penobscot had been occupied by the British,
+Governor Strong consented to call out the militia of Massachusetts, but
+he was careful to place the troops under the command of state officers.
+At the same time he made inquiry of the Secretary of War whether the
+expenses of the militia would be assumed by the National Government.
+Monroe replied rather sharply that so long as Massachusetts refused to
+put her troops under the command of national officers, she need not
+expect the United States to maintain them. The Governor of<span class='pagenum'><a name="Page_224" id="Page_224">[Pg 224]</a></span> Connecticut
+had already withdrawn the militia of that State from national service.
+At the moment when Prevost was beginning his invasion, the Governor of
+Vermont declined to call out the state militia because he doubted his
+authority to order the militia out of the State. The Union seemed on the
+point of disintegrating into its original elements.</p>
+
+<p>The anxieties of the Administration were further increased by the action
+of the Massachusetts General Court, which called a convention of those
+States "the affinity of whose interests is closest," with the avowed
+purpose of devising some mode of common defense and of securing a
+convention of delegates from all the States to revise the National
+Constitution. In spite of vigorous opposition, delegates were chosen, to
+meet on December 15 with "such as may be chosen by any or all of the
+other New England States." The legislatures of Connecticut and Rhode
+Island responded promptly; but the legislature of Vermont unanimously
+declined the invitation, and New Hampshire failed to reply. The movement
+seemed all the more ominous after the fall elections, which resulted in
+the choice of thirty-nine Federalist Congressmen from New England and of
+only two Republicans. In the preceding Congress there had been thirty
+Federalists and eleven Republicans.</p>
+
+<p>That members of the Essex Junto would gladly have seized this
+opportunity to remake the Federal Union by excluding the Western States
+appears clearly enough in the correspondence of men like Timothy
+Pickering. A new Union of the "good old thirteen States" on terms set by
+New England was<span class='pagenum'><a name="Page_225" id="Page_225">[Pg 225]</a></span> believed to be well within the bounds of possibility.
+Radical newspapers referred with enthusiasm to the erection of a new
+federal edifice. Little wonder that the harassed President was obsessed
+with the idea that New England was on the verge of secession.</p>
+
+<p>From the first, however, this movement in New England was kept well in
+hand by men like Harrison Gray Otis, who always insisted that the object
+of a convention was to defend New England against the common enemy and
+to prevent radical action under the stress of popular excitement. If
+this be true, it was unfortunate, to say the least, that these patriots
+chose just this moment, when the Federal Government was about to succumb
+to the common enemy, to propose alterations in the Constitution; and it
+was equally unfortunate for the reputations of all concerned that they
+should have held their deliberations in secret, giving an air of
+conspiracy to their proceedings. The official journal of the Convention
+at Hartford was not published until 1823. When the Convention adjourned
+on January 5, 1815, all that the general public was permitted to know of
+its deliberations was contained in its famous report.</p>
+
+<p>The Convention was at no little pains to reassure a waiting world that
+it did not contemplate or countenance secession. It was not yet ready to
+concede that the defects in the Constitution were incurable nor that
+multiplied abuses justified a severance of the Union, "especially in a
+time of war." "If the Union be destined to dissolution, ... it should,
+if possible, be the work of peaceable times, and deliberate<span class='pagenum'><a name="Page_226" id="Page_226">[Pg 226]</a></span> consent."
+But these philosophical considerations did not deter the author of the
+report from a vicious and partisan attack upon "the multiplied abuses of
+bad administrations."</p>
+
+<p>President Madison must have read this document with mingled feelings,
+for the Convention held, almost in the words of his Resolutions of 1798,
+that the infractions of the Constitution were so "deliberate, dangerous,
+and palpable" as to put the liberties of the people in jeopardy and to
+make it the duty of a State "to interpose its authority for their
+protection." The legislatures of the several States were recommended to
+adopt measures for protecting their citizens against all
+unconstitutional acts of Congress which should subject the militia or
+other citizens to forcible drafts, conscriptions, or impressments. They
+were also urged to apply to the Federal Government for consent to some
+arrangement whereby the States, separately or in concert, could
+undertake their own defense and retain a reasonable proportion of the
+national taxes for the purpose. Finally, seven amendments to the
+Constitution were proposed, to prevent a recurrence of the grievances
+from which the New England States suffered. Four of these proposed
+amendments put limitations upon Congress: a two-thirds vote of both
+houses was to be required to admit a new State, to interdict commerce,
+to lay an embargo, and to declare war. In future, representation and
+direct taxes were to be apportioned according to the respective numbers
+of free persons. Naturalized citizens were to be excluded from all
+federal civil offices; and finally&mdash;a blow at the Virginia<span class='pagenum'><a name="Page_227" id="Page_227">[Pg 227]</a></span>
+dynasty&mdash;"the same person shall not be elected President of the United
+States a second time; nor shall the President be elected from the same
+State two terms in succession."</p>
+
+<p>The General Court of Massachusetts acted promptly. Three commissioners
+were dispatched at once to Washington, to work out an amicable
+arrangement for the defense of the State. On February 3, 1815, the
+"three ambassadors," as they styled themselves, set out for the capital.
+Ten days later, <i>en route</i>, they learned that General Andrew Jackson had
+decisively repulsed an attack of the British upon New Orleans on January
+8. On reaching Washington the commissioners were met with the news that
+a treaty of peace had been signed at Ghent. Their cause had met with the
+most unlucky fate which can befall any cause in the United States: it
+had become ridiculous. The tension of war-times relaxed in a roar of
+laughter at their expense.</p>
+
+<p>Early in the year 1813, Russia had endeavored to mediate between her
+ally and the United States. President Madison had at once, and as it
+appeared somewhat precipitately, sent Albert Gallatin and James A.
+Bayard as peace commissioners to St. Petersburg; but Great Britain
+declined the Czar's good offices. The American envoys, however, remained
+in Europe. When, then, in October, the British Ministry intimated that
+it was prepared to begin direct negotiations, President Madison created
+a new commission by sending John Quincy Adams, Henry Clay, and Jonathan
+Russell to join Gallatin and Bayard. In the last week in June, the
+commissioners<span class='pagenum'><a name="Page_228" id="Page_228">[Pg 228]</a></span> repaired to Ghent, which had been chosen as the place of
+meeting. Thither the British negotiators followed them in leisurely
+fashion. The first joint conference was not held until August 8, 1814.</p>
+
+<p>The task of the American commissioners was one of very great difficulty.
+Confronted by the unexpected demand that the revision of the Canadian
+boundary, the fisheries, and the establishment of an Indian state in the
+Northwest should be included in the <i>pourparler</i>, they could only reply
+that they had been instructed to discuss only matters of maritime
+law&mdash;impressments, blockades, and neutral rights. There seemed so little
+likelihood of agreement that the American commissioners prepared to
+leave Ghent. But the British Ministry abated its extreme demands and
+continued the negotiations. At the same time new instructions from
+Washington advised the American representatives that they might drop the
+subject of impressments if they found it an insuperable obstacle in the
+way of peace.</p>
+
+<p>The insistence of the British agents upon the principle of <i>uti
+possidetis</i>&mdash;the state of possession at the close of the war&mdash;again
+threatened to break off negotiations, for the Americans resolutely
+insisted on the <i>status quo ante bellum</i>, a restoration of all places
+taken during the war. It was at this juncture that tidings arrived of
+the British repulse at Plattsburg. For a week the British Ministry
+debated the feasibility of renewing the war; but the complications at
+the Congress of Vienna, the "prodigious expense" of continued war, the
+change in public opinion, and the emphatic conviction of Wellington that
+the Ministry<span class='pagenum'><a name="Page_229" id="Page_229">[Pg 229]</a></span> had "no right from the state of the war to demand any
+cession of territory"&mdash;these and many lesser considerations disposed the
+Cabinet to ask the American envoys to prepare a draft of a treaty.</p>
+
+<p>Strong differences of opinion developed among the Americans when they
+set to work upon their preliminary draft. As the representative of
+Western interests, Clay set himself obstinately against any further
+recognition of the British right&mdash;secured by the treaty of 1783&mdash;of free
+navigation of the Mississippi. Adams was equally determined not to
+sacrifice the correlative right to the Labrador and Newfoundland
+fisheries, which his father had secured in the Treaty of Paris.
+Gallatin, the peacemaker, was in favor of offering to renew both
+privileges; and he finally succeeded in winning Clay's reluctant assent
+to this plan. But when the British commissioners objected, both sides
+agreed to omit all reference to these vexing questions.</p>
+
+<p>The treaty which was signed on December 24, 1814, is remarkable for its
+omissions. The reader will scan it in vain for any allusion to
+impressments, blockades, and neutral rights. It is equally silent as to
+the control of the Lakes, Indian territories, the fisheries, and the
+navigation of the Mississippi. It was "simply a cessation of
+hostilities, leaving every claim on either side open for future
+settlement." Clay probably reflected the disappointment of Republicans
+when he pronounced it "a damned bad treaty." Nevertheless, it brought
+what was most desired by the exhausted Administration&mdash;peace. Moreover,
+the treaty must be viewed in the light of<span class='pagenum'><a name="Page_230" id="Page_230">[Pg 230]</a></span> events in Europe. The
+overthrow of the Napoleonic Empire and the exile of Bonaparte gave
+promise of a return to normal conditions so far as maritime rights were
+concerned. The victories of American seamen in the war were after all
+better guaranties of neutral rights than any declarations on parchment.</p>
+
+
+<p class="subhead2">BIBLIOGRAPHICAL NOTE</p>
+
+<div class="blockquot"><p>Besides the larger histories, which contain abundant information
+about the war, mention should be made of B. J. Lossing's
+<i>Pictorial Field-Book of the War of 1812</i> (1868), written by one
+who visited most of the battlefields of the war. A well-balanced
+account of the military operations is contained in K. C. Babcock's
+<i>The Rise of American Nationality</i> (in <i>The American Nation</i>, vol.
+<span class="smcap">XIII</span>, 1906). Theodore Roosevelt, <i>The Naval War of 1812</i> (various
+editions); E. S. Maclay, <i>History of the United States Navy from
+1775 to 1901</i> (3 vols., 1901-02), and <i>History of American
+Privateers</i> (1899); J. R. Spears, <i>History of Our Navy</i> (4 vols.,
+1897); and C. O. Paullin, <i>Commodore John Rodgers</i> (1910), give
+the history of the maritime war. The most comprehensive study of
+the naval operations of the war is the work by Admiral Mahan
+already cited. The part of Jackson in the war is set forth in many
+biographies. The most picturesque is James Parton, <i>Life of Andrew
+Jackson</i> (3 vols., 1860); the most recent is J. S. Bassett, <i>Life
+of Andrew Jackson</i> (2 vols., 1911). S. E. Morison, <i>Life and
+Letters of Harrison Gray Otis</i> (2 vols., 1913), gives a fresh
+account of the disaffection in New England and of the Hartford
+Convention. The peace negotiations at Ghent are set forth
+circumstantially by Henry Adams in his <i>History of the United
+States</i> (9 vols., 1889-91).</p></div>
+
+
+
+<hr style="width: 65%;" />
+<p><span class='pagenum'><a name="Page_231" id="Page_231">[Pg 231]</a></span></p>
+<p class="subhead1"><a name="CHAPTER_XIII" id="CHAPTER_XIII"></a>CHAPTER XIII</p>
+
+<p class="subhead2">THE RESULTS OF THE WAR</p>
+
+
+<p>In a message to Congress transmitting the treaty of peace, President
+Madison congratulated the country on the termination of a war "waged
+with a success which is the natural result of the wisdom of the
+legislative councils, of the patriotism of the people, of the public
+spirit of the militia, and of the valor of the military and naval forces
+of the country." The verdict of history does not sustain this p&aelig;an of
+victory. "The record, upon the whole," declares Admiral Mahan, "is one
+of gloom, disaster, and governmental incompetence, resulting from lack
+of national preparation, due to the obstinate and blind prepossessions
+of the Government, and, in part, of the people." Public opinion indorsed
+the President's estimate of the late struggle.</p>
+
+<p>As a matter of fact, the people of the United States had seen little of
+the disasters and ravages of war. All the important battles took place
+on the borders. The great mass of the people were undisturbed in their
+vocations. There was hardly a day during the war when a farmer could not
+till his acres in tranquillity. Not an important city save Washington
+was taken during the war. Nor was the loss of life large in proportion
+to population. All told, the killed and wounded did not exceed five
+thousand men. Napoleon lost nearly two hundred<span class='pagenum'><a name="Page_232" id="Page_232">[Pg 232]</a></span> thousand French soldiers
+in his disastrous Russian campaign.</p>
+
+<p>American character appeared at its best and at its worst in these three
+years of war. Even the British press could not gainsay the
+resourcefulness and intelligence of the American soldier and sailor,
+though the phrase "Yankee smartness" conveyed also the unpleasant
+imputation of trickiness and moral laxity. Wherever conditions permitted
+a fair test, the superiority of the American gunner was incontestable.
+The greater losses of the British whenever the armies met on even terms
+proved the superior marksmanship of the American militiaman. The
+adaptation of the fast-sailing schooner to privateering was further
+evidence of an alert intellect which was quick to adapt means to ends.
+This quality, to be sure, has been bred in every frontier folk by the
+very necessities of existence, but it appeared in marked strength in the
+American of this time. While the shipbuilders of New England were laying
+the keels of these privateers, Robert Fulton was perfecting his
+steamboat on the Delaware and Hudson rivers. In the year before the war,
+the first steamboat appeared on the Ohio, and before the end of the war
+fourteen were plying on Western waters, and opening up a new era in the
+American colonization of the continent.</p>
+
+<p>This instinctive adaptation of means to ends was less successful in the
+realm of American politics. No celerity could compensate for want of
+prevision on the part of the authorities at Washington. The lesson of
+the war was not lost upon James Madison, at<span class='pagenum'><a name="Page_233" id="Page_233">[Pg 233]</a></span> least. "Experience has
+taught us," said he in a message to Congress,&mdash;and the words amounted to
+a confession of error,&mdash;"that neither the pacific dispositions of the
+American people nor the pacific character of their political
+institutions, can altogether exempt them from that strife which appears,
+beyond the ordinary lot of nations, to be incident to the actual period
+of the world; and the same faithful monitor demonstrates that a certain
+degree of preparation for war is not only indispensable to avert
+disaster in the onset, but affords also the best security for the
+continuance of peace."</p>
+
+<p>The indirect effects of war were more widely felt. The blockade affected
+adversely all the extractive industries upon which the vast majority of
+the people in all the States depended. Only New England escaped
+unscathed&mdash;and the circumstance was not creditable to the section. In
+the latter months of 1814 ruin stared the Southern planter in the face.
+The lifting of the blockade wrought a transformation. Planters in the
+Old Dominion, who could find no market for their tobacco and wheat on
+February 13, sold their produce on February 14 at prices which made them
+rich again. Flour which had found almost no purchasers at seven and a
+half dollars a barrel sold readily at ten. Imported commodities fell in
+price correspondingly. Ships put to sea at once laden with the
+accumulated produce of two long years. The export trade, which had
+fallen to less than $7,000,000, leaped to $46,000,000 between March and
+October. Fully two thirds of this wealth accrued to the Southern
+planters who raised the three<span class='pagenum'><a name="Page_234" id="Page_234">[Pg 234]</a></span> great staples, tobacco, cotton, and rice.
+The people of the Middle States shared only moderately in this
+prosperity. The value of the wheat and corn which the farmers of
+Pennsylvania, New York, and New Jersey raised for export did not much
+exceed that of tobacco alone.</p>
+
+<p>The return of peace brought relief also to the shipping industry of New
+England. Vessels which the embargo and the restrictive policy and the
+hazards of war had kept in port now put to sea again. But the European
+conditions which had created such immense profits for the Yankee skipper
+in 1805, 1806, and 1807 had passed away. Foreign ships now bid for the
+carrying trade of the Atlantic, and their competition cut down freight
+rates to a point which caused melancholy forebodings in the homes of
+Boston and Salem shipowners.</p>
+
+<p>The long period of commercial restriction followed by three years of war
+caused a dislocation of industry in New England. Capital which had been
+invested in shipping now sought larger returns in the manufacture of
+those commodities hitherto supplied by British factories. When the
+embargo was laid, only fifteen cotton mills were in operation,
+representing a capital of about $500,000. Two years later, capital to
+the amount of $4,000,000 had been invested in factories which employed
+nearly 4000 hands. At the close of the war, $40,000,000 were invested in
+cotton mills which consumed 27,000,000 pounds of raw cotton and gave
+employment to 100,000 men and women. Hitherto much of the weaving had
+been done on hand looms in the farmhouses of<span class='pagenum'><a name="Page_235" id="Page_235">[Pg 235]</a></span> New England: only the
+spinning had been done by machinery. In 1814, Francis Lowell introduced
+the power loom into his mill at Waltham, Massachusetts, and brought the
+various processes of cotton manufacturing under one roof. The foundation
+of the New England factory system was thus laid before the end of the
+war. In the following decade the famous factory towns on the Merrimac
+came into existence. The metamorphosis of the section had begun.</p>
+
+<p>The woolen industry received a great impetus in this same period of
+artificial stimulation, but it failed to expand with the same rapidity,
+owing to the scarcity and cost of the finer grades of wool.
+Nevertheless, in the year 1816, about $12,000,000 were invested in the
+manufacture of woolen fabrics. Like the cotton industry, this owed its
+development to the policy of Presidents from Virginia. It is one of the
+ironies of history that Jefferson and Madison should have unwittingly
+sacrificed Southern planters to build up industries in the North, and
+that New Englanders should have excoriated those worthies for policies
+which became the source of New England prosperity.</p>
+
+<p>To these new industries peace spelled disaster. English manufacturers
+seized the opportunity to unload the goods which they had been piling up
+in their warehouses for years. Importations which had amounted to
+$13,000,000 in 1813 rose to the staggering sum of $147,000,000 in 1816.
+Not even import duties stemmed the tide, for as Lord Brougham stated in
+Parliament, "It was well worth while to incur a loss upon the first
+exportation, in order, by<span class='pagenum'><a name="Page_236" id="Page_236">[Pg 236]</a></span> a glut, to stifle in the cradle those rising
+manufactures in the United States which the war had forced into
+existence, contrary to the natural course of things."</p>
+
+<p>In October, 1815, the cotton manufacturers of Rhode Island sent a
+memorial to Congress, stating that their one hundred and forty factories
+were threatened with destruction by this cut-throat competition. Such
+complaints seemed unduly apprehensive; yet before the year closed, most
+of the textile mills had shut down. The distress of New England was no
+longer feigned. Caught in a process of transition from shipping to
+manufacturing, capital could neither advance nor retreat. It was a
+legitimate case for governmental aid. Even Jefferson laid aside his
+early prepossessions in favor of a simple bucolic life for the American
+citizen, and admitted that "to be independent for the comforts of life,
+we must fabricate them for ourselves. We must now place the manufacturer
+by the side of the agriculturist." Madison, too, departed from the
+Virginia faith so far as to recommend sufficient protection of "the
+enterprising citizens whose interests are now at stake" to guard them
+"against occasional competition from abroad."</p>
+
+<p>Within sight of the blackened walls of the Capitol, in temporary
+quarters which it had rented, Congress set its hand to the work of
+national reconstruction. Before many months had passed, the new Capitol,
+under the supervision of Latrobe, began to rise from the ruins of the
+old, a symbol of a new era. On the walls of the rotunda, John Trumbull
+painted scenes<span class='pagenum'><a name="Page_237" id="Page_237">[Pg 237]</a></span> which were to remind coming generations of the heroic
+days of the Revolution, and within its confines was eventually installed
+what was left of the library of Congress, with the gaps supplied in part
+by Jefferson's private collection, which Congress purchased. The new
+nation was not to disdain wholly the finer aspects of life nor to
+despise the garnered wisdom of the ages.</p>
+
+<p>In March, 1816, Congress took under consideration a tariff bill which
+had been drafted on lines marked out by the new Secretary of the
+Treasury, A. J. Dallas, of Pennsylvania. The debates brought out a wide
+diversity of interests. Daniel Webster represented admirably the mingled
+feelings of his New England constituents when he professed to favor
+existing manufactures, but deprecated any action calculated to produce
+new industries. He never wished to see the time when the young men of
+the country would be forced to close their eyes to heaven and earth, and
+open them in the dust and smoke of unwholesome factories. On the other
+hand, Calhoun, eschewing a narrow sectionalism, declared that
+manufacturing must be encouraged as a wise national policy. "Neither
+agriculture, manufactures, nor commerce, taken separately, is the cause
+of wealth," said he. "It flows from the three combined and cannot exist
+without each." The South showed little of the apprehension which John
+Randolph expressed when he cried, "Upon whom bears the duty on coarse
+woolens and linens and blankets, upon salt, and all the necessaries of
+life?" and answered, "On poor men, and on slaveholders."<span class='pagenum'><a name="Page_238" id="Page_238">[Pg 238]</a></span></p>
+
+<p>The bill which Congress eventually passed fixed somewhat lower duties
+than Dallas had advised. A duty of twenty-five per cent was placed on
+cotton and woolen goods until June 30, 1819, when it was to be reduced
+to twenty per cent. By what was known as the minimum principle, all
+cotton fabrics costing less than twenty-five cents a square yard were
+held to have cost that amount and were made to pay corresponding duties.
+The object of this provision was to exclude from India the coarser and
+cheaper cotton textiles which would menace the products of New England
+looms. Other important articles were made subject to higher duties, such
+as rolled and hammered iron, leather goods, hats, carriages, and
+writing-paper. A comparison of these duties with those of the tariff of
+1789 shows a marked increase. Where the average duty was seven and one
+half per cent in 1789, it was thirty per cent in the tariff of 1816. So
+far as the intent of the law is concerned, this tariff act committed the
+country to a fiscal policy in which "revenue was subordinated to
+industrial needs."</p>
+
+<p>Although the largest vote against the tariff bill came from the South
+and Southwest, twenty-three out of fifty-seven Representatives voted for
+the bill. New England showed a prepondering opinion in favor of
+protection: only ten out of twenty-seven Representatives opposed the
+bill. The Representatives of the Middle States ranged themselves
+emphatically on the side of protection; and with them stood the
+Congressmen from Ohio and Kentucky.</p>
+
+<p>The close of the war found the country with a badly disordered currency
+and with a bankrupt treasury.<span class='pagenum'><a name="Page_239" id="Page_239">[Pg 239]</a></span> Nowhere were the remedial efforts of
+Congress needed more. The condition of the currency was due, in part at
+least, to the failure of Congress in 1811 to perceive the regulative
+influence of a national bank. By refusing to recharter the United States
+Bank, Congress not only deprived the Treasury of an exceedingly valuable
+fiscal agent during the war, but also threw the door wide open to
+indiscriminate and unregulated state banking. Between 1811 and 1816 the
+number of these state institutions increased from eighty-eight to two
+hundred and forty-six, all of which exercised the right of issuing notes
+with little or no restriction. Inflation followed inevitably. During the
+blockade the banks of the Middle and Southern States suffered great
+distress by the constant drain of specie to New England and abroad.
+After the capture of Washington, practically all banks outside of New
+England were forced to suspend specie payments. The country experienced
+once more all the evils of a depreciated currency. Southern bank notes
+were refused for deposit in Philadelphia banks. Notes of these
+institutions in Philadelphia, in turn, were subject to a discount of
+twenty-four per cent in Boston. Uncertainty and distrust demoralized
+financial operations everywhere.</p>
+
+<p>Wiser by the experience of five years, Congress was now disposed to
+establish another national bank. A first bill, however, fell short of
+the President's desires and was vetoed. A second bill became law on
+April 10, 1816. The provisions of this Bank of the United States
+differed in several particulars from that chartered in 1790. Its capital
+was three and one<span class='pagenum'><a name="Page_240" id="Page_240">[Pg 240]</a></span> half times as large. One fifth of the total capital
+of $35,000,000 was to be subscribed by the Government, and the remainder
+by individuals. Five of the twenty-five directors were to be appointed
+by the President of the United States. The funds of the Government were
+to be deposited in the Bank unless the Secretary of the Treasury should
+otherwise direct, laying his reasons for any such change before
+Congress. In return for the privileges granted in the charter, the Bank
+was required to transfer the government funds from place to place
+without charge, and to pay $1,500,000 to the Government. On its side the
+Government agreed not to charter any other bank except in the District
+of Columbia. The circulation of the Bank was limited to the amount of
+its capital. Its notes were to be payable on demand in specie and to be
+receivable in all payments to the Government.</p>
+
+<p>Such an institution gave promise of serving the Government as a sound
+fiscal agent and of assisting materially in the restoration of the
+currency to a specie basis. The stock was subscribed promptly by 31,334
+individuals, all but three thousand of whom resided in the Middle
+States. New England was still reluctant to support the plans of Mr.
+Madison; the South had other uses for its capital. To facilitate the
+resumption of specie payments, Congress passed a joint resolution, that
+after February 20 of the following year (1817), all dues to the
+Government should be paid in specie, treasury notes, national bank
+notes, or notes of banks payable in the "said currency of the United
+States." This was strong medicine for the<span class='pagenum'><a name="Page_241" id="Page_241">[Pg 241]</a></span> state banks. Unwilling or
+unable to contract their circulation and to call in their loans, the
+banks of the Middle States asked to have the date of resumption
+deferred, on the ostensible ground that the new bank could not be
+organized in time to assist them. The energetic Secretary of the
+Treasury disposed of this plea by putting the Bank in operation in
+January, 1817. On the date set by Congress the banks very generally
+resumed specie payments.</p>
+
+<p>The propulsive force given to the Government by the war seemed likely to
+continue. The task of the National Government no longer seemed merely
+negative,&mdash;to "restrain men from injuring one another," in the
+Jeffersonian phrase,&mdash;but positive and constructive. Even Madison, in
+his annual message of 1815, recommended liberal provision for defense,
+more military academies, an improved and enlarged navy, protection to
+manufactures, new national roads and canals, and a national university.
+He gave his support to Monroe's proposal to fix the peace establishment
+at twenty thousand men; and he experienced the unique sensation of
+finding himself in advance of his party, which finally agreed upon an
+army of ten thousand men. Still more striking evidence of the change
+which had passed over the party of Jefferson was its willingness to
+retain the entire naval establishment and to appropriate $4,000,000 for
+frigates and ships-of-the-line. Clay and Calhoun, speaking for the
+younger Republicans, agreed that the greatest danger of the future lay
+in weak government. They were not in the least intimidated by the
+addition of $80,000,000 to the national debt as the result of war. That
+sum<span class='pagenum'><a name="Page_242" id="Page_242">[Pg 242]</a></span> represented to their minds simply the price, none too large, of
+commercial and industrial independence.</p>
+
+<p>These young aggressive spirits seemed at times quite indifferent to nice
+questions of constitutional law. Calhoun dismissed constitutional
+objections to a national bank with a wave of the hand: he thought
+discussion of such abstract themes "a useless consumption of time." On
+introducing his bill for internal improvements, in December, 1816, he
+intimated that he did not propose to indulge in metaphysical subtleties
+respecting the Constitution. "The instrument was not intended as a
+thesis for the logician to exercise his ingenuity on; ... it ought to be
+construed with plain good sense." If Clay exhibited more sensitiveness
+to constitutional limitations, it was because he had to clear himself
+from the charge of inconsistency. In supporting the Bank Bill in 1816 he
+frankly confessed that he had changed his mind on the point of
+constitutionality. He had believed the incorporation of a bank in 1811
+unwarranted by the Constitution; but conditions had changed. What was
+then neither necessary nor proper was now both necessary and proper. The
+interpretation of the Constitution must always take existing
+circumstances into account. If Clay did not add to his reputation as an
+expounder of the Constitution by this speech, he represented admirably,
+nevertheless, the changes which circumstances had wrought in the
+convictions of his associates.</p>
+
+<p>Against these new tendencies John Randolph set himself stark and grim.
+"The question is," said he,<span class='pagenum'><a name="Page_243" id="Page_243">[Pg 243]</a></span> replying to Calhoun's new nationalism,
+"whether or not we are willing to become one great consolidated nation,
+or whether we have still respect enough for those old, respectable
+institutions [the States] to regard their integrity and preservation as
+a part of our policy." Randolph spoke for a generation which was passing
+away; but his words touched a responsive chord in the breast of
+President Madison. On March 3, 1817, as he was about to leave office, he
+sent to Congress a message vetoing the Internal Improvements Bill and
+warning his party associates of the danger of latitudinarian views of
+the Constitution. This message was Madison's farewell address. It was
+thoroughly characteristic of the man and the statesman.</p>
+
+<p>The relaxing of Republican doctrines, and of party ties generally,
+divested the presidential election of any real political significance.
+The Federalists were thoroughly discredited. As a party they made no
+concerted effort to nominate candidates. Virtually, therefore, the
+selection of a President rested with the congressional caucus of the
+Republican party. The choice lay between two members of the President's
+Cabinet: James Monroe, Secretary of State, and William H. Crawford,
+Secretary of the Treasury. Governor Tompkins, of New York, was put
+forward by enthusiastic partisans from that State, but he was not a
+national figure in any sense and commanded no support outside of his
+State. Intrigue played a part in this caucus, if contemporary testimony
+may be believed. Tradition has it that Martin Van Buren and Peter B.
+Porter prevented their New York delegation<span class='pagenum'><a name="Page_244" id="Page_244">[Pg 244]</a></span> from voting for Crawford and
+thus threw the nomination to Monroe. Governor Tompkins was the choice of
+the caucus for Vice-President. No one could safely affirm that these
+nominees were the choice of the rank and file of the party. Here and
+there public meetings were held to protest against the dictation of the
+congressional caucus; but no organized opposition developed. The
+campaign proved to be a tame affair. Nowhere was there a real contest.
+Only three States, Massachusetts, Connecticut, and Delaware, chose
+Federalist electors. Not a ripple of excitement stirred the public when
+announcement was finally made that Monroe had received 183 electoral
+votes and Rufus King, 34. For the fourth time a Virginian had been
+raised to the Presidency.</p>
+
+
+<p class="subhead2">BIBLIOGRAPHICAL NOTE</p>
+
+<div class="blockquot"><p>Of the general histories, only that by McMaster contains any great
+amount of information bearing on the economic changes wrought by
+war and the preceding period of commercial restriction. Adams
+summarizes the economic results of war in a single chapter in the
+last volume of his work. K. C. Babcock, <i>The Rise of American
+Nationality</i> (in <i>The American Nation</i>, vol. 13, 1906), attempts
+the same task. Besides the manuals on economic history which have
+already been mentioned, there are several excellent volumes
+dealing with various phases of national life: such as, D. R.
+Dewey, <i>Financial History of the United States</i> (1903); F. W.
+Taussig, <i>Tariff History of the United Stales</i> (rev. ed., 1913);
+R. C. H. Catterall, <i>The Second Bank of the United Stales</i> (1903);
+J. L. Bishop, <i>History of American Manufactures from 1608-1860</i> (2
+vols., 1861-64); C. W. Wright, <i>Wool-Growing and the Tariff</i>
+(1910). Among the biographies of statesmen of the new generation,
+the best are: G. T. Curtis, <i>Life of Daniel Webster</i> (2 vols.,
+1869); W. W. Story, <i>Life and Letters of Joseph Story</i> (2 vols.,
+1851); G. Hunt, <i>John C. Calhoun</i> (1908).</p></div>
+
+
+
+<hr style="width: 65%;" />
+<p><span class='pagenum'><a name="Page_245" id="Page_245">[Pg 245]</a></span></p>
+<p class="subhead1"><a name="CHAPTER_XIV" id="CHAPTER_XIV"></a>CHAPTER XIV</p>
+
+<p class="subhead2">THE WESTWARD MOVEMENT</p>
+
+
+<p>At the end of the second decade of the nineteenth century, the people of
+the United States were still in the main a homogeneous folk, native-born
+descendants of native-born ancestors. The tide of immigration which was
+by the end of the century to inundate the nation and transform its
+character was just beginning to flow. Its volume between the close of
+the Revolution and the year 1820, when the first official statistics
+were collected, must remain a matter of conjecture. In 1817, the
+painstaking Niles, in his <i>Register</i>, estimated that about twenty-two
+thousand immigrants had arrived in that year in the ports of New York,
+Philadelphia, and Boston, of whom four thousand were Germans and the
+rest inhabitants of the British Isles. Fully one half of these British
+subjects were brawny Irishmen, often a turbulent lot, but always in
+demand for hard labor on the roads and canals which were projected in
+every part of the Union. Among these newcomers, however, were many
+undesirables. Not a few English parishes emptied their poorhouses by
+sending the helpless inmates to the New World. Some of these deported
+paupers, no doubt, found a livelihood and became respectable citizens;
+but the records of almshouses in the Eastern States indicate that many
+of these unfortunates had only exchanged one asylum for another. In the
+Philadelphia poorhouses<span class='pagenum'><a name="Page_246" id="Page_246">[Pg 246]</a></span> in the early thirties, from one third to one
+half of the inmates were foreign-born. Cargoes of redemptioners came
+into American ports as late as the year 1818. Of that traffic which was
+bringing helpless Africans into bondage in the Southern States, more
+will be said in a subsequent chapter.</p>
+
+<p>Among the new arrivals, it goes without saying, were men and women, who,
+and whose descendants, contributed mightily to the building up of
+American Commonwealths. Entire communities seeking an asylum in the New
+World continued to arrive as in the early years of the seventeenth
+century. In 1817, a body of German separatists from W&uuml;rttemberg, under
+the leadership of Joseph Baumeler, landed at Philadelphia. Like the
+English Pilgrims they sought freedom from religious persecution, but the
+Plymouth which they founded was on a new frontier&mdash;at Zoar in the
+wilderness of Ohio.</p>
+
+<p>What particularly impressed every foreign traveler in America during
+these years of transition and expansion was the incessant movement of
+society. The earlier westward movement of population had never wholly
+ceased, but it had been retarded by the war. The return of peace was
+like the first warm days of spring. The roads leading West were fairly
+inundated by a swelling stream of emigrants. An observer at the Genesee
+turnpike noted a train of some twenty wagons and one hundred and sixteen
+persons on their way to Indiana from a single town in Maine. A traveler
+on his way from Nashville to Georgia, in January, 1817, met an
+astonishing number of people from the Carolinas and Georgia who were
+bound for<span class='pagenum'><a name="Page_247" id="Page_247">[Pg 247]</a></span> the cotton lands of Alabama. He counted over two hundred
+conveyances and three thousand people, driving herds of cattle and
+droves of hogs before them. But the great highway to the West lay
+through Pennsylvania. On the road from Chambersburg to Pittsburg,
+Fearon, an intelligent and in such particulars a trustworthy English
+traveler, counted one hundred and three stage-wagons, drawn by four and
+six horses, proceeding from Philadelphia and Baltimore to Pittsburg, and
+seventy-nine wagons bound in the opposite direction. "On the road,"
+comments Fearon, "every emigrant tells you he is going to Ohio; when you
+arrive in Ohio, its inhabitants are 'moving' to Missouri and Alabama;
+thus it is that the point for final settlement is forever receding as
+you advance, and thus it will hereafter proceed, and only be terminated
+by that effectual barrier&mdash;the Pacific Ocean."</p>
+
+<div class="figleft" style="width: 250px;">
+<a name="il17" id="il17"></a>
+<a href="images/i17.jpg"><img src="images/i17-thumb.jpg" width="250" height="445" alt="Land Sales and Land Offices to 1821" title="" /></a>
+</div>
+
+<p>To this emigration all sections of the Union contributed. In the
+back-country of New England&mdash;in Maine, New Hampshire, Vermont, and
+western Massachusetts&mdash;was a restive population little loved by the
+governing class. President Timothy Dwight, of Yale College, described
+these people as "impatient of the restraints of law, religion, and
+morality," contentious, always complaining, and always indebted. They
+were likely to be Baptists or Methodists, by persuasion, and Democrats
+in politics. As small farmers their lot was a hard one. They needed only
+the incentive of cheap lands in the West to sever the slender ties which
+bound them to the stony hillsides of New England. Yet the older towns of
+New England<span class='pagenum'><a name="Page_248" id="Page_248">[Pg 248]</a></span> also complained of the Western fever which was carrying off
+the available labor supply. Fearon found "the small and middling
+tradesmen" always ready to sell out when business got bad and "pack up
+for the back-country." The immediate destination of these New Englanders
+was western New York. Within a decade what had been a frontier area was
+filled with an industrious population eager to secure markets for the
+surplus products of their farms.</p>
+
+
+
+<p>Before a very large number of New Englanders passed beyond western New
+York, emigrants from the Middle States were pushing into the Ohio
+country, where Harrison's victories had opened vast tracts to the white
+settlers. The earliest settlers in Indiana and Illinois, however, were
+of Southern extraction. Tennessee and Kentucky, having no longer a
+supply<span class='pagenum'><a name="Page_249" id="Page_249">[Pg 249]</a></span> of good land at low prices, sent the younger generation on to a
+new frontier. In the year 1816 the father of Abraham Lincoln took his
+family across the Ohio on a raft and hewed his way into the timber lands
+along the river bottoms of Indiana. With these migratory Kentuckians
+went also descendants of the Germans and the Scotch-Irish who had
+peopled the Great Valley in the previous century. Even from the
+Carolinas came all sorts and conditions of men,&mdash;poor whites, Quakers,
+Baptists,&mdash;small farmers whom the advancing plantation system was
+driving from the uplands.</p>
+
+<p>Even more significant than this advance of population into the region
+north of the Ohio was the contemporaneous movement from the Southern
+Seaboard States into the cotton lands of the Gulf plains. The way had
+been prepared by Andrew Jackson's conquest of the Creeks. Alabama was
+the immediate goal of the migrating Southerner. From Kentucky, also, but
+more particularly from Tennessee, stalwart pioneers entered this new El
+Dorado. The father of Jefferson Davis was one of those who tried their
+luck in the alluvial plains of the lower Mississippi. By the year 1820,
+the area of settlement had extended from southern Tennessee to Mobile,
+and from Mobile to the Mississippi along the Gulf.</p>
+
+<div class="figcenter" style="width: 700px;">
+<a name="il18" id="il18"></a>
+<img src="images/i18.jpg" width="700" height="455" alt="The Cotton Crop in the United States 1801-1834" title="" />
+</div>
+
+<p>The causes and consequences of this colonization of the Southwest form a
+vital chapter in the economic history of the country. In the year before
+the war, Virginia, the Carolinas, and Georgia produced 75,000,000 pounds
+of cotton; the only other cotton-raising States, Tennessee and
+Louisiana, produced<span class='pagenum'><a name="Page_250" id="Page_250">[Pg 250]</a></span> 5,000,000 pounds. Ten years later, the Seaboard
+States raised 117,000,000 pounds; the Southwest, 60,000,000. In another
+decade the States of the Southwest had outstripped the Old South. This
+comparison throws a flood of light upon Southern history. The invention
+of the cotton gin had made possible the cultivation of the short-staple
+cotton plant, which was the only variety that could be raised profitably
+in the uplands. Occurring just at the moment when the use of the power
+loom in factories was giving an unprecedented stimulus to the
+manufacture of cotton, the cotton gin worked a revolution in Southern
+life and industry. From the tidewater,<span class='pagenum'><a name="Page_251" id="Page_251">[Pg 251]</a></span> with its large plantations
+worked by African slaves, the cultivation of cotton passed into the
+region above the fall-line of the rivers, where the small farmer
+practiced a diversified agriculture. Socially and politically the two
+regions had always been distinct. The gentlemen planters of the
+tidewater, with much the same outlook as the English gentry of the same
+period, regarded the democratic yeomen of the Piedmont with distrust not
+unmixed with contempt. By excluding them from their proportionate
+representation in the state legislatures, the aristocratic planters
+maintained an ascendency which was at once political and social. But as
+cotton-growing became more profitable and advanced into the interior,
+the farmer of the uplands found himself pushed to the wall. Either he
+must adopt the plantation system and purchase slaves, or sell his land
+and move on. For want of capital large numbers chose the latter
+alternative and swelled the numbers of those who had already set their
+faces westward.</p>
+
+<p>The communities which within six years after the Treaty of Ghent were
+admitted into the Union as the States of Mississippi and Alabama, did
+not at first differ materially from Indiana and Illinois, which became
+Commonwealths at the same time. Much the same obstacles confronted the
+pioneer in the pine forests of Mississippi as in the hard woods of the
+Northwest. Either as squatter or <i>bona fide</i> purchaser he had with the
+aid of his neighbors hewed out a clearing, or single-handed girdled the
+trees, and laid the sills of his log cabin. A "raising" or "frolic" was
+one of the few opportunities for social intercourse<span class='pagenum'><a name="Page_252" id="Page_252">[Pg 252]</a></span> in the hard life of
+the frontiersman. Between the stumps of his clearing he planted his
+first crop of Indian corn; and what the soil did not yield for his
+sustenance, he supplied with his trusty rifle. Time wrought vast
+transformations in these new communities. The thriftless, who scratched
+the surface of the ground and then sold out to a newcomer of sterner
+fiber, passed on to a new frontier. Log cabins gave way to frame houses.
+Clearings became well-tilled farms. Better methods of cultivation
+extracted a surplus of produce which could be sent to market. Along the
+rivers of the Northwest, cities sprang up like mushrooms.</p>
+
+<p>From this point the history of the Southwest diverged from that of the
+Northwest. The virgin lands of the Gulf attracted also the planter with
+his capital invested in African slaves. Once again the small farmer felt
+the combined pressure of social and economic forces. He saw his
+wealthier neighbor acquire the more fertile lands; he found himself
+thrust into a socially inferior class; and again he yielded to fate.
+While a democratic society of self-reliant yeomen was developing in the
+northern half of the Mississippi Valley, a society based upon a
+plantation economy and aristocratic in its outward characteristics was
+forming in the Gulf States. Yet in its aggressiveness and commercial
+enterprise, the new South resembled the Northwest rather than the old
+South.</p>
+
+<div class="figright" style="width: 300px;">
+<a name="il19" id="il19"></a>
+<a href="images/i19.jpg"><img src="images/i19-thumb.jpg" width="300" height="454" alt="The West as an Economic Section in 1820" title="" /></a>
+</div>
+
+<p>While the South was producing staples for an ever-growing market, it
+became itself the market for the surplus products of the Northwest. An
+active internal trade sprang up between the sections in spite<span class='pagenum'><a name="Page_253" id="Page_253">[Pg 253]</a></span> of the
+natural barriers to commercial intercourse. Live stock could be driven
+to market. It was a common occurrence to see droves of thousands of
+"razor-back" hogs on their way from Kentucky to the Seaboard States,
+feeding on nuts and roots by the way. Rivers were the chief highways for
+such produce as could not provide for its own locomotion. The Western
+waters floated all sorts of craft, from the lumber raft to the flatboat,
+laden with pork, cheese, butter, flour, corn, and whiskey. The greater
+part of these boats were makeshifts, and made no return voyage. It was
+not until 1809 that a barge was warped upstream from New Orleans to
+Nashville. The entire traffic on the Mississippi and the Ohio was
+carried on until 1817 in less than a score of keel boats, which made the
+voyage downstream from Louisville to New Orleans in about forty days,
+and upstream in ninety. When, then, a steamboat succeeded<span class='pagenum'><a name="Page_254" id="Page_254">[Pg 254]</a></span> in making a
+return voyage in twenty-five days, it was hailed as an epoch-making
+performance. In the next year twenty steamboats were competing for the
+river traffic; and three years later (1820) seventy-two were in actual
+service. Yet the steamboat did not drive the flatboat from the Western
+rivers. So late as 1840 one fifth of the freight handled on the lower
+Mississippi was carried in flatboats or barges.</p>
+
+<p>The rapid rise of this internal commerce between the farmer of the
+Northwest and the cotton planter of the South increased the ability of
+both to purchase manufactures in the Eastern markets. Both sections had
+wants which they could not supply by their simple household industries.
+They had to import not only their farming implements, but most of those
+articles, useful or ornamental, which were thought indispensable to a
+higher civilization. "Spots in Tennessee, in Ohio, and Kentucky,"
+comments an English traveler, "that within the lifetime of even young
+men, witnessed only the arrow and the scalping knife, now present the
+traveler with articles of elegance and modes of luxury which might rival
+the displays of London and Paris." Most of this stock was transported
+over the mountains from Philadelphia or Baltimore. In 1820, three
+thousand wagons carried to Pittsburg, the distributing center of the
+West, nearly eighteen million dollars' worth of merchandise.</p>
+
+<p>The commercial interests of the East were quick to see the possibilities
+of this new market. An eager rivalry sprang up between the merchants of
+New<span class='pagenum'><a name="Page_255" id="Page_255">[Pg 255]</a></span> York, Philadelphia, and Baltimore. Everywhere ways and means of
+cheaper transportation were discussed. In this subject the Western
+farmer was vitally interested, for freight charges added nearly one
+third to the cost of merchandise transported over the mountains. The
+cotton planter of the Seaboard States, also, feeling the competition of
+the Southwest, where riverways were abundant and easily navigable, saw
+the need of better roads to tidewater, in order to lessen the cost of
+marketing his produce.</p>
+
+<p>The popular demand for better roads was not recent. All the States had
+encouraged, directly or indirectly, the building of turnpikes and
+bridges. Between 1793 and 1812, Pennsylvania had chartered fifty-five
+turnpike companies, and other States had been scarcely less ready to
+grant articles of incorporation to stock companies. Private enterprise
+had, indeed, done much to improve communication along the seaboard.
+Turnpikes and bridges had shortened the journey by stage from Boston to
+Washington to four and a quarter days by the year 1815. The city of New
+York was in 1816 within twenty-four hours of Albany by the Hudson River
+steamboats.</p>
+
+<p>Numerous canal companies had also been chartered; but of all the canals
+projected, only three had been completed when the War of 1812 began: the
+Dismal Swamp Canal in Virginia, the Santee Canal in South Carolina, and
+the Middlesex Canal in Massachusetts. It remained for New York to usher
+in a new era in internal communication by authorizing in 1817 the
+construction of the Erie Canal. In the ardent imagination of its chief
+promoter, De Witt<span class='pagenum'><a name="Page_256" id="Page_256">[Pg 256]</a></span> Clinton, this canal was destined to be "a bond of
+union between the Atlantic and Western States" and "an organ of
+communication between the Hudson, the Mississippi, the St. Lawrence, the
+Great Lakes of the North and West, and their tributary rivers," creating
+"the greatest inland trade ever witnessed" and transforming New York
+into a vast emporium of commerce and "the granary of the world."</p>
+
+<p>This bold bid for Western trade alarmed the merchants of Philadelphia,
+particularly as the completion of the national road threatened to divert
+much of their traffic to Baltimore. In 1825, the legislature of
+Pennsylvania grappled with the problem by projecting a series of canals
+which were to connect its great seaport with Pittsburg on the west and
+with Lake Erie and the upper Susquehanna on the north.</p>
+
+<p>The magnitude of the transportation problem was such, however, that
+neither individual States nor private corporations seemed able to meet
+the demands of an expanding internal trade. As early as 1807, Albert
+Gallatin had advocated the construction of a great system of internal
+waterways to connect East and West, at an estimated cost of $20,000,000.
+But the only contribution of the National Government to internal
+improvements during the Jeffersonian era was an appropriation in 1806 of
+two per cent of the net proceeds of the sales of public lands in Ohio
+for the construction of a national road, with the consent of the States
+through which it should pass. By 1818 the road was open to traffic from
+Cumberland, Maryland, to Wheeling, Virginia.</p>
+
+<p>In 1816, with the experiences of the war before<span class='pagenum'><a name="Page_257" id="Page_257">[Pg 257]</a></span> him, no well-informed
+statesman could shut his eyes to the national aspects of the problem.
+Even President Madison invited the attention of Congress to the need of
+establishing "a comprehensive system of roads and canals." Soon after
+Congress met, it took under consideration a bill drafted by Calhoun
+which proposed an appropriation of $1,500,000 for internal improvements.
+Because this appropriation was to be met by the moneys paid by the
+National Bank to the Government, the bill was commonly referred to as
+the "Bonus Bill." "Let it not be forgotten," said Calhoun in advocacy of
+his bill, "that it [the size of the Union] exposes us to the greatest of
+all calamities,&mdash;next to the loss of liberty,&mdash;and even to that in its
+consequences&mdash;disunion. We are great, and rapidly&mdash;I was about to say
+fearfully&mdash;growing. This is our pride and our danger; our weakness and
+our strength.... We are under the most imperious obligation to
+counteract every tendency to disunion.... Whatever impedes the
+intercourse of the extremes with this, the center of the Republic,
+weakens the Union."</p>
+
+<p>The one section which was impervious to these national considerations at
+this moment was New England; but it was President Madison, and not New
+England, who defeated the Bonus Bill. On the day before he left office,
+Madison sent to Congress a notable veto message. Reverting to his
+earlier faith, he pronounced the measure unconstitutional. Neither the
+express words of the Constitution nor any fair inference could, in his
+judgment, warrant the exercise of such powers by Congress. To pass the
+bill over his<span class='pagenum'><a name="Page_258" id="Page_258">[Pg 258]</a></span> veto was impossible. Monroe, too, in his first message to
+Congress intimated that he also held strict views of the powers of
+Congress. The policy of internal improvements by Federal aid was thus
+wrecked on the constitutional scruples of the last of the Virginia
+dynasty.</p>
+
+<p>Having less regard for consistency, the House of Representatives
+recorded its conviction, by close votes, that Congress could appropriate
+money to construct roads and canals, but had not the power to construct
+them. As yet the only direct aid of the National Government to internal
+improvements consisted of various appropriations, amounting to about
+$1,500,000 for the Cumberland Road.</p>
+
+<p>Circumstances were also pressing the claims of the Far West upon the
+Government. Beyond the scattered settlements of Illinois and Indiana
+extended vast forests, known only to the Indians and the fur traders.
+With the experiences of the war fresh in mind, the new Secretary of War,
+Calhoun, urged upon the Government the necessity of taking resolute
+measures to hold this territory. Laws excluding foreigners from the
+Indian trade were passed; forts were established at strategic points
+like Chicago, Prairie du Chien, and Green Bay; and in 1820, Governor
+Cass, of the Michigan Territory, was sent on an expedition through the
+Wisconsin forests into Minnesota, to assert American claims wherever
+British influence was still felt.</p>
+
+<p>Still farther west lay an almost unknown region of imperial dimensions.
+Save where venturesome pioneers had pushed up the Arkansas and the
+Missouri,<span class='pagenum'><a name="Page_259" id="Page_259">[Pg 259]</a></span> and where the Spaniards maintained their feeble hold in the
+Southwest, no white men inhabited the great prairies which swept
+westward to the foothills of the Rockies. Only nomadic Indian tribes and
+occasional traders followed the buffalo trails across this wide expanse.
+Between the Rocky Mountains and the Pacific was the region which Lewis
+and Clark had penetrated. Along the valley of the northern branch of the
+Columbia River, the Hudson's Bay Company had planted their trading
+posts. Farther to the south lay Spanish California and the ill-defined
+region to the eastward over which <i>presidios</i> maintained a shadowy
+jurisdiction.</p>
+
+<p>On October 20, 1818, Benjamin Rush and Albert Gallatin, ministers to
+England and France respectively, concluded a convention with Great
+Britain which left the fate of the Oregon country in suspense for a
+period of ten years. To the British claims of prior discovery by Cook
+and Mackenzie and of prior occupation by the Hudson's Bay Company, the
+American commissioners opposed the claims based on the voyage of Captain
+Gray in 1792 and on the founding of Astoria by John Jacob Astor in 1811.
+It was finally agreed that the northern boundary of the United States
+should run from the Lake of the Woods to the Stony Mountains, along the
+forty-ninth parallel, and that the disputed country beyond the mountains
+should be occupied jointly for a period of ten years. An agreement was
+also reached regarding the Newfoundland and Labrador fisheries.</p>
+
+<p>On another frontier conditions existed to which Congress could not
+remain indifferent. East Florida<span class='pagenum'><a name="Page_260" id="Page_260">[Pg 260]</a></span> was still a thorn in the side of
+Georgia and Alabama. The province had become a rendezvous for pirates,
+filibusters, renegade Indians, and runaway negroes. Creek warriors who
+would not submit to the loss of their lands had taken refuge with their
+kinsmen, the Seminoles, and were inciting malcontents of every stripe
+against the whites. A band of negroes, estimated at not less than a
+thousand in number, together with some Creek Indians, had taken
+possession of an abandoned fort on the Apalachicola and had terrorized
+the country for miles around. The Spanish commander at Pensacola was
+summoned to destroy this pirates' nest and to disperse the marauders;
+but he was either unable or unwilling to do so, and in 1816 a red-hot
+shot from a United States gunboat blew up the magazine of the negro
+fort, killing nearly three hundred men, women, and children. Early in
+1818, in equally summary fashion troops of the United States expelled a
+band of freebooters from Amelia Island.</p>
+
+<p>The slight regard which the United States paid to the territorial
+sovereignty of Spain in Florida sprang from a general conviction that
+Spain could not and would not observe the provisions of the Treaty of
+1795. Spain had then agreed to restrain the Indians living within her
+borders from attacking the citizens or Indians of the United States.
+President Monroe seemed to assume that Spain had forfeited her rights
+over Florida. At all events, he authorized General Andrew Jackson to
+assume command of the forces at Fort Scott and to call on the governors
+of adjacent States for militia to terminate the war.<span class='pagenum'><a name="Page_261" id="Page_261">[Pg 261]</a></span> This order of
+December 26, 1817, was stated in dangerously broad terms. Jackson did
+not doubt for an instant that it authorized him to pursue the Indians
+into Florida. To his mind the time seemed opportune for the seizure of
+East Florida as an indemnity for the outrages committed by the
+Seminoles. He wrote to the President to this effect. "Let it be
+signified to me," said he, "through any channel (say Mr. J. Rhea) that
+the possession of the Floridas would be desirable to the United States
+and in sixty days it will be accomplished."</p>
+
+<p>To his dying day Jackson maintained that the President signified his
+approval through Congressman Rhea, of Tennessee. Monroe denied that he
+had read Jackson's letter until after the exploits which so nearly
+plunged the country into war with Spain. Whatever may be the truth of
+the matter, General Jackson acted in accord with what he believed to be
+the President's desires. With a thousand men he marched across the
+border and was soon in possession of St. Mark's. Among those who fell
+into his hands was Alexander Arbuthnot, a Scotch trader who was
+suspected of inciting the Indians. Continuing his march, Jackson
+surprised and captured Suwanee, another rendezvous of Indians and
+runaway negroes. Here he found Robert Ambrister, another British
+subject, who was also regarded as a suspicious character. Returning to
+St. Mark's, Jackson handed these two suspects over to a court martial,
+which found both guilty of giving aid and comfort to the enemy and of
+inciting or waging war against the United States. Arbuthnot was<span class='pagenum'><a name="Page_262" id="Page_262">[Pg 262]</a></span> hanged
+from the yardarm of his own schooner; Ambrister was shot. The fall of
+Pensacola finished the campaign. By the end of May, 1818, Florida was in
+the possession of the troops of the United States and Jackson was on his
+way to Tennessee, the idol of his men and a national hero in the
+estimation of the people of the Southwest.</p>
+
+<p>The outcome of these exploits might easily have been war with both Spain
+and Great Britain. Don Luis de Onis, the Spanish Minister at Washington,
+immediately suspended the negotiations then in progress respecting the
+Floridas and made a spirited protest "against these acts of hostility
+and invasion." He demanded the immediate restitution of the places which
+had been seized, indemnity for all damage to property, and the
+punishment of General Jackson. As for Great Britain, Lord Castlereagh
+afterward said that, such was the temper of Parliament and the country,
+war might have been produced by holding up a finger and an address to
+the Crown carried by an almost unanimous vote.</p>
+
+<p>The Cabinet of President Monroe was divided over the course to be
+pursued. Calhoun insisted that Jackson had virtually committed an act of
+war, which should be promptly disavowed. But Adams held&mdash;and the
+President was inclined to side with him&mdash;that in reality Spain had been
+the aggressor, and that Jackson had not violated the spirit of his
+orders. In order to terminate the war, Jackson had been obliged to cross
+the Spanish line. He had not done so with the purpose of waging war upon
+Spain.</p>
+
+<div class="figcenter" style="width: 600px;">
+<a name="il20" id="il20"></a>
+<img src="images/i20.jpg" width="600" height="413" alt="Treaty with Spain 1819" title="" />
+</div>
+
+<p>Following a memorandum made by the President,<span class='pagenum'><a name="Page_263" id="Page_263">[Pg 263]</a></span> Adams replied to Don Onis
+in this spirit. Later, in a masterly state paper, he set forth the
+intolerable conditions which obtained on the Florida frontier. The lax
+conduct of the Spanish authorities was held to justify the aggressive
+measures of Jackson. The United States was prepared to restore Pensacola
+and St. Mark's whenever Spain should give guaranties for the observance
+of treaty obligations. So far from consenting to punish Jackson, the
+United States demanded the punishment of those Spanish officials who had
+so flagrantly violated the obligations of the Treaty of 1795. "Spain
+must immediately make her election either to place a force in Florida at
+once adequate for the protection of her territory and to the fulfillment
+of her engagements, or cede to the United States a province of which she
+retains nothing but the nominal possession." This latter alternative,<span class='pagenum'><a name="Page_264" id="Page_264">[Pg 264]</a></span>
+indeed, the Administration never lost from view.</p>
+
+<p>Confronted by the revolt of all her American colonies, Spain could
+hardly resist this insistent pressure upon a province which she could
+neither govern nor defend. On February 22, 1819, Don Onis set his hand
+to a treaty which ceded the Floridas in return for the assumption by the
+United States of claims of American citizens against her to an amount
+not exceeding $5,000,000. The treaty contained also a definition of the
+boundary between Spanish and American possessions on the North American
+continent. Beginning at the mouth of the Sabine River, the line ran
+along that river to the thirty-second parallel; thence due north to the
+Red River, which it followed to the hundredth meridian; thence north to
+the Arkansas and along that river to its source; thence to the
+forty-second parallel, which it followed to the Pacific. As the United
+States renounced all claims to the west and south of this boundary, so
+Spain surrendered whatever shadowy title she had to the Northwest.</p>
+
+<p>The ratification of the Florida Treaty was delayed by the attempt of the
+Spanish Crown to grant extensive tracts to certain grandees, and by the
+vigorous opposition of Henry Clay in the House of Representatives. The
+treaty seemed to him a bad bargain. "What do we get?" he cried. "We get
+Florida loaded and encumbered with land grants which leave scarcely a
+foot of soil for the United States. What do we give? We give Texas free
+and unencumbered, and we surrender all our claims on<span class='pagenum'><a name="Page_265" id="Page_265">[Pg 265]</a></span> Spain for damages
+not included in that five millions of dollars." He challenged the right
+of the President and Senate to alienate territory without the consent of
+the House. Behind Clay's opposition lay some personal pique against the
+President and his Secretary of State; but he voiced, nevertheless, the
+spirit of the Southwest, which already looked toward Texas as a possible
+field of expansion and resented its surrender.</p>
+
+
+<p class="subhead2">BIBLIOGRAPHICAL NOTE</p>
+
+<div class="blockquot"><p>The westward movement is described in various chapters of volumes
+<span class="smcap">IV</span> and <span class="smcap">V</span> of McMaster, <i>History of the People of the United
+States</i>. The significance of the movement is best explained in F.
+J. Turner, <i>Rise of the New West, 1819-1829</i> (in <i>The American
+Nation</i>, vol. 14, 1906), which contains also excellent chapters on
+the social and economic life of the different sections of the
+country. The highways and waterways to the West are described in
+A. B. Hurlbert, <i>Historic Highways of America</i> (10 vols.,
+1902-05). A summary account of the development of transportation
+is given in J. L. Ringwalt, <i>Development of Transportation Systems
+in the United States</i> (1888). Among the biographies which
+contribute materially to an understanding of the new West may be
+mentioned Theodore Roosevelt, <i>Thomas H. Benton</i> (1887), and James
+Parton, <i>Life of Andrew Jackson</i> (3 vols., 1860). Edward
+Eggleston, <i>The Circuit Rider</i> (1888), and the <i>Autobiography of
+Peter Cartwright</i> (1856), touch upon important aspects of frontier
+life. The importance of the German element in American history is
+admirably set forth in Faust, <i>The German Element in the United
+States</i> (2 vols., 1909). The spread of New Englanders in the West
+is described by L. K. Mathews, <i>The Expansion of New England</i>
+(1909). The diplomatic negotiations which resulted in the cession
+of Florida are reviewed by F. E. Chadwick, <i>The Relations of the
+United States and Spain</i> (1909).</p></div>
+
+
+
+<hr style="width: 65%;" />
+<p><span class='pagenum'><a name="Page_266" id="Page_266">[Pg 266]</a></span></p>
+<p class="subhead1"><a name="CHAPTER_XV" id="CHAPTER_XV"></a>CHAPTER XV</p>
+
+<p class="subhead2">HARD TIMES</p>
+
+
+<p>The phrase "era of good feelings" applied to the Administration of
+President Monroe is a misnomer. It is descriptive neither of politics
+nor of business and industry, for the historic Democratic party was all
+but rent by bitter personal animosities, and the country was prostrated
+by a severe industrial crisis.</p>
+
+<p>The first symptoms of hard times appeared in the early months of the
+year 1819. Undoubtedly the causes of the crisis were world-wide; but
+local conditions go far to explain the industrial collapse in the United
+States. All indications point to the conclusion that the country was
+experiencing the inevitable reaction from a period of too rapid
+commercial expansion and of unsound speculation. The high prices of
+commodities after the war had given a sort of fictitious prosperity to
+industry and trade, and had encouraged unduly the spirit of commercial
+enterprise. On credit easily secured from wild-cat banks, the Western
+pioneer had bought lands beyond the purchasing power of his own meager
+capital; and the speculator in turn had borrowed money to secure title
+to lands which he would unload upon unsuspecting settlers. State banks
+had met these demands by liberal issues of notes which were imperfectly
+covered by their specie reserves. It needed only a<span class='pagenum'><a name="Page_267" id="Page_267">[Pg 267]</a></span> sudden demand for
+liquidation to cause widespread distress.</p>
+
+<p>The unwise management of the National Bank may have contributed to the
+approaching disaster. The branch banks in the South and West had loaned
+freely, issuing notes which were payable at any branch of the National
+Bank. Capital was thus diverted from the East to sections of the country
+where there was least conservatism in banking. In 1818, the directors of
+the Bank became alarmed at the excessive expansion of credit, and issued
+instructions which compelled the redemption of notes at the bank where
+they were issued. At the same time the branch banks curtailed their
+loans. This sudden reversal of policy caused a fearful pressure which
+was transmitted from creditor to debtor all along the line.</p>
+
+<p>Every sufferer by the panic was disposed to blame the National Bank for
+his misfortunes, particularly as it was common rumor that the directors
+of the Bank had speculated in its stock and had used their influence to
+cripple local banks. Congress had been obliged to take cognizance of
+these charges and to appoint a committee to investigate the condition of
+the institution. On the report of this committee, in January, 1819, the
+stock of the Bank fell from 140 to 93. The investigation revealed
+nothing worse than mismanagement; but a vigorous effort was made in
+Congress to revoke the charter.</p>
+
+<p>The widespread hostility of the West and South toward the National Bank
+was born at this time. Everywhere it was known as "the Monster." State<span class='pagenum'><a name="Page_268" id="Page_268">[Pg 268]</a></span>
+after State passed acts to tax the branch banks out of existence. The
+decision of Chief Justice Marshall, to be sure, in the famous case of
+<i>M'Culloch</i> v. <i>Maryland</i>, declared emphatically that the States had no
+constitutional power to tax the branches of an institution chartered
+under the laws of the United States; nevertheless, the legislature of
+Ohio deliberately levied such a tax, and when resistance was offered to
+its collection, withdrew the protection of the State from the branch
+banks. Feeling themselves the victims of the money power, the people in
+many of the Western States resorted to the remedies which were broached
+during hard times under the Confederation. Kentucky became notorious by
+reason of its laws in behalf of the debtor class. In every Western State
+there was a disposition to seek shelter from the operation of federal
+law behind the &aelig;gis of State rights. The people of these newer
+communities were slow to accept the force of precedent in cases decided
+by the federal courts. Andrew Jackson voiced this feeling when he became
+President. "Mere precedent," said he, "is a dangerous source of
+authority, and should not be regarded as deciding questions of
+constitutional power, except where the acquiescence of the people and
+the States can be considered as well settled."</p>
+
+<p>That there was much real suffering during this panic admits of no doubt.
+Niles estimated that not less than twenty thousand persons were seeking
+employment in Philadelphia in the summer of 1819, and quite as many
+wandering in the streets of New York looking for work. In both cities
+soup-houses<span class='pagenum'><a name="Page_269" id="Page_269">[Pg 269]</a></span> were established by private charitable societies to relieve
+distress in the following winter. In the city of New York, during the
+year 1816, over nineteen hundred unfortunates were imprisoned for debt;
+and of these, over seven hundred owed less than twenty-five dollars.</p>
+
+<p>But it was not merely the city dweller who felt the pinch of poverty.
+Thousands of Western settlers who had purchased land under the Act of
+1800, which permitted deferred payments, found themselves insolvent.
+More than $21,000,000, one fifth of the national debt, remained unpaid
+in the year 1820. To the importunities of these debtors Congress had
+yielded from time to time, but it was not until 1821 that it passed the
+first general relief act. Those who had not completed their payments
+within the prescribed five years were then permitted to give up the land
+which they had not paid for, and to apply the payments already made to
+the full purchase of the lands which they retained. Arrears of interest
+were remitted.</p>
+
+<p>In 1820, Congress passed an act which wrought a far-reaching change in
+the disposal of the public domain. The credit system was abolished
+outright. After July 1, 1820, land was to be sold for cash at a minimum
+price of a dollar and a quarter an acre, and in eighty-acre tracts. A
+payment of one hundred dollars, then, would make a settler the owner of
+eighty acres in his own right. The prospect of actual ownership of a
+small tract made him far less ready to listen to the voice of the
+tempter in the form of the speculator, who had heretofore lured<span class='pagenum'><a name="Page_270" id="Page_270">[Pg 270]</a></span> him to
+make larger purchases on credit than he could ever pay for by the labor
+of his hands.</p>
+
+<p>In the midst of this period of financial depression, the Territory of
+Missouri applied for admission into the Union. On February 13, 1819,
+while an enabling act was under consideration in the House of
+Representatives, James Tallmadge, of New York, moved an amendment which
+touched Southern interests to the quick. "<i>And provided</i>, That the
+further introduction of slavery or involuntary servitude be prohibited,
+except for the punishment of crimes, whereof the party shall have been
+duly convicted; and that all children born within the said State, after
+the admission thereof into the Union, shall be free at the age of
+twenty-five years."</p>
+
+<div class="figleft" style="width: 300px;">
+<a name="il21" id="il21"></a>
+<a href="images/i21.jpg"><img src="images/i21-thumb.jpg" width="300" height="392" alt="Distribution of Slaves 1820" title="" /></a>
+</div>
+
+<p>This bold attempt to prevent the spread of slavery provoked a brief but
+momentous debate. Clay left the Speaker's chair to remonstrate, "in the
+name of humanity," against a policy which could result, he believed,
+only in the misery of the slaves of the South. The lot of the negro
+would be vastly<span class='pagenum'><a name="Page_271" id="Page_271">[Pg 271]</a></span> improved if the unfortunate people were more widely
+dispersed. Taylor, of New York, called this a specious plea. "It is that
+humanity," said he, "which seeks to palliate disease by the application
+of nostrums, which scatter its seeds through the whole system." To open
+the West to slavery would be simply to create an additional demand for
+the importation of slaves. Of those Southern Representatives who took
+part in this debate, not a man posed as the defender of slavery in the
+abstract. Barbour, of Virginia, frankly admitted that slavery "like all
+other human things is mixed with good and evil&mdash;the latter, no doubt,
+preponderating." And Johnson, of Kentucky, maintained that though
+slavery might be a necessary evil, "not incompatible with true
+religion," even so "slavery must still be a bitter draught."</p>
+
+<p>What rankled in the breasts of all Southern men was the insinuation that
+their social system was founded on hypocrisy and tyranny. Tallmadge
+commented with biting sarcasm on the willingness of Southern gentlemen
+to contribute to missionary enterprises for the uplifting of the
+Hottentots and Hindus, and their determination to keep their African
+slaves in ignorance. And his colleague contrasted the plantations,
+overrun with weeds on one side of Mason and Dixon's line, with the
+cultivated farms on the other: in Pennsylvania, he observed "a neat,
+blooming, animated, rosy-cheeked peasantry"; in Maryland, "a squalid,
+slow-motioned black population." These were barbed shafts which left
+sore wounds.</p>
+
+<p>When the Union was formed, African negroes<span class='pagenum'><a name="Page_272" id="Page_272">[Pg 272]</a></span> were held in servitude in
+all but two of the States. At the time of this debate, slavery had been
+abolished, or was on the way to ultimate extinction, in every State
+north of Maryland and Delaware. Climate rather than humanitarian
+considerations sealed the fate of slavery at the North; and climate, in
+the last analysis, fastened African slavery on the South. As the South
+became committed to the raising of a staple, and that staple cotton, the
+negro was regarded as an indispensable factor in plantation economy.
+There were far-sighted individuals, it is true, who deprecated slavery
+on humanitarian grounds; but they were, for the most part, citizens of
+border States where the profitableness of negro labor was less apparent.
+Even in these communities opposition to slavery was tempered by dread of
+what emancipation might bring in its train. The history of Santo Domingo
+revealed the hideous possibilities of a negro insurrection. No father of
+a family could contemplate with equanimity the proximity of a large body
+of free, semi-civilized blacks. For a time even prominent slaveholders
+favored the aims of the Colonization Society which proposed to deport
+emancipated blacks to the African coast. So late as 1820 the Governor of
+Virginia recommended an appropriation by the legislature for the
+emancipation and removal of the negroes.</p>
+
+<p>Although slavery was a local institution, and regulated by state law,
+its existence was recognized by the Federal Convention of 1787. The
+arrangement which obtained under the old Confederation, whereby five
+slaves were to count as three whites in<span class='pagenum'><a name="Page_273" id="Page_273">[Pg 273]</a></span> apportioning representation and
+taxes, was continued; the mutual obligation of the States to return
+fugitives from justice and labor was distinctly stated in the
+Constitution; and the slave trade was permitted to continue at least to
+the year 1808.</p>
+
+<p>In 1793, Congress had met its constitutional obligations by enacting a
+law for the return of fugitive slaves; and in 1794, Congress passed an
+act&mdash;"the first national act against the slave trade"&mdash;which prohibited
+all trade in slaves from the United States to any foreign country. By
+the opening of the new century all the States had forbidden the
+importation of slaves from abroad. But in 1803, South Carolina again
+legalized the slave trade; and in 1805, Congress after a brief
+interdiction removed all restrictions upon the importation of slaves
+into the Louisiana Territory. The slave trade at once assumed alarming
+proportions. It was officially stated that between 1803 and 1807, 39,075
+negroes were brought into the port of Charleston. Eighteen hundred of
+these unfortunate blacks were imported in American vessels. One half of
+the consignees of these slavers were Americans, of whom thirteen were
+natives of Charleston and eighty-eight of Rhode Island.</p>
+
+<p>This traffic, coupled with the alarm caused by negro insurrections in
+the West Indies, prepared the public mind for positive action, as the
+year approached when Congress might constitutionally prohibit the
+foreign slave trade. The Act of March 2, 1807, however, only partially
+met the expectations of the anti-slavery people. The African slave
+trade<span class='pagenum'><a name="Page_274" id="Page_274">[Pg 274]</a></span> was forbidden, but negroes illegally imported were to be disposed
+of as the legislatures of the several States should determine. There was
+reason to fear that the Southern States would neglect to legislate on
+this important matter, and that the act would be indifferently enforced.
+Moreover, the coastwise slave trade for purposes of sale was not
+interdicted, but forbidden only in vessels under forty tons burden.</p>
+
+<p>That the Act of 1807 did not prevent the African slave trade was patent
+to every one who knew conditions in the Southern Seaboard States; but
+the extent of this traffic can only be surmised. During the debates on
+the Missouri Bill, Tallmadge stated that fourteen thousand negroes had
+been brought into the country within the last year, and the statement
+was not challenged.</p>
+
+<p>When the Missouri controversy was renewed in the session of December,
+1819, the number of free States equaled the number of slave States. The
+addition of a twenty-third State, then, would unsettle the equilibrium
+between the sections in the Senate. A growing antagonism based upon
+widely different economic and social organizations was coming to be
+felt&mdash;felt rather than clearly perceived and openly recognized. In the
+year 1800, the two sections had been nearly equal in population; in
+1820, the North outnumbered the South by over half a million. This
+disparity in numbers had a direct political significance, for the
+national House of Representatives was beyond all question controlled by
+the delegations from the free States. No great prescience was needed to
+warn the South that in self-defense it must maintain<span class='pagenum'><a name="Page_275" id="Page_275">[Pg 275]</a></span> the even balance
+of sections in the Senate. The contest for Missouri was therefore
+essentially "a struggle for sectional domination."</p>
+
+<p>The Tallmadge amendment was passed by the House, but rejected by the
+Senate, after a heated debate which convinced Southern statesmen that
+there was a distinct anti-slavery sentiment at the North. The
+adjournment of Congress threw the whole controversy into the crucible of
+public opinion. The latent hostility of men and women with humanitarian
+sympathies was at once raised to white heat. Mass meetings in city,
+town, and county passed resolutions against the spread of slavery and
+the admission of more slave States. Yet it can hardly be said that the
+public conscience was deeply touched. The leaven of abolitionism had to
+work many years before it could produce results in politics.</p>
+
+<p>The whole question assumed a new guise when Congress met in December,
+1820. The people of Maine had held a convention and formed a
+constitution, and were now applying for admission as a State. Here was a
+free State which would offset Missouri if it were admitted as a slave
+State. When the House passed a bill to admit Maine, the Senate promptly
+attached to it, as a "rider," a bill for the admission of Missouri
+without any prohibition of slavery. It was to this bill that Senator
+Thomas, of Illinois, representing a constituency divided against itself
+on the subject of slavery, offered an amendment in the nature of a
+compromise. He would admit Missouri as a slave State, but prohibit
+slavery forever in the rest of the old Province of Louisiana north of
+36&deg; 30'. The<span class='pagenum'><a name="Page_276" id="Page_276">[Pg 276]</a></span> Senate accepted this amendment and sent the bill to the
+House. Here the original Maine Bill was stripped of the rider and the
+Thomas amendment by large majorities. Shortly after this vigorous
+assertion of independence, the House passed a bill for the admission of
+Missouri with the prohibition of slavery. The deadlock seemed complete.</p>
+
+<p>The constitutional aspects of the problem called forth some exceedingly
+able argumentation. Those who favored imposing a restriction upon
+Missouri argued, plausibly enough, that as Congress was given the power
+to admit new States, so it was fully warranted in exercising discretion
+and refusing to admit. Precedents existed for imposing restrictions.
+Three States carved out of the Northwest Territory had been admitted on
+condition that their constitutions should not be repugnant to the sixth
+article of the Ordinance of 1787. The State of Louisiana had been
+admitted under explicit conditions. It was fully competent for Congress,
+by virtue of its authority over Territories, to regulate all the stages
+in the process of framing a constitution, and then to give or to
+withhold its approval.</p>
+
+<p>The most brilliant argument on the other side was made by William
+Pinkney, of Maryland. Conceding that the power of Congress was
+discretionary, he insisted that Congress might not exact terms which
+would interfere with the results to be accomplished. "What, then," he
+asked, "is the professed result? To admit a State into this Union. What
+is that Union?... An equal Union between parties equally sovereign....
+It is into that Union that a new State is<span class='pagenum'><a name="Page_277" id="Page_277">[Pg 277]</a></span> to come. By acceding to it
+the new State is placed on the same footing with the original States....
+If it comes in shorn of its beams&mdash;crippled and disparaged beyond the
+original States&mdash;it is not into the original Union that it comes.... The
+first was a Union <i>inter pares</i>; this is a Union between <i>disparates</i>,
+between giants and a dwarf, between power and feebleness, between full
+proportioned sovereignties and a miserable image of power."</p>
+
+<p>Yet there were Senators and Representatives from the North who would not
+be diverted from the discussion of the larger sectional and ethical
+issues involved in the extension of slavery. Chief among these was Rufus
+King, who then represented New York in the Senate. His cogent arguments
+made a profound impression. "The great slaveholders in the House," Adams
+wrote in his journal, "gnawed their lips and clenched their fists as
+they heard him."</p>
+
+<div class="figcenter" style="width: 550px;">
+<a name="il22" id="il22"></a>
+<a href="images/i22.jpg"><img src="images/i22-thumb.jpg" width="550" height="936"  alt="House Vote on the Missouri Compromise March 2, 1820" title="" /></a>
+</div>
+
+<p>Meantime, a joint committee of conference was endeavoring to reconcile
+the differences between the House and the Senate. The House was put at a
+disadvantage by the approach of March 4&mdash;when the consent of
+Massachusetts to the admission of Maine would expire. It was finally
+agreed that the Senate should pass the bill admitting Maine as a
+separate measure, while the House should accept the Missouri Bill with
+the Thomas amendment. Missouri, in short, was to come in as a slave
+State, but slavery was forever prohibited in the rest of the Louisiana
+Purchase north of her southern boundary. An analysis of the voting in
+the House of Representatives reveals no clear-cut sectional divisions,<span class='pagenum'><a name="Page_279" id="Page_279">[Pg 279]</a></span><span class='pagenum'><a name="Page_278" id="Page_278">[Pg 278]</a></span>
+though it forecasts a time when slavery might split parties along
+sectional lines. In New England and the Middle States public opinion had
+not yet crystallized into inflexible opposition to the spread of
+slavery; but the Northwest was distinctly in favor of a restriction upon
+Missouri. The Southwest and the South were a unit in desiring the
+admission of Missouri as a slave State.</p>
+
+<p>In the fall of 1820, the Missouri question in another form returned to
+vex Congress. When the constitution of the State was presented to
+Congress, it was found to contain a clause which excluded free negroes.
+Again the two houses locked horns. Passions rose again. The work of the
+preceding session seemed about to be undone. But under the persuasive
+leadership of Henry Clay, a joint committee elaborated a resolution
+which was acceptable to both houses. Missouri was to be admitted on the
+express condition that the offending clause in her constitution should
+never be construed so as to authorize the passing of any law by which
+any citizen of any of the States of the Union should be deprived of his
+privileges and immunities under the Federal Constitution. The
+legislature of Missouri was to give its solemn consent to this
+fundamental condition. Then, and not until then, the President was to
+declare Missouri a member of the Union. The State complied with the
+requirement, though in the same breath protesting that all this was an
+empty form, since Congress could not thus bind a State. On August 10,
+1821, President Monroe declared Missouri a State of the Union.<span class='pagenum'><a name="Page_280" id="Page_280">[Pg 280]</a></span></p>
+
+<p>In the midst of this exciting controversy, Monroe was re&euml;lected
+President. Nowhere but in Pennsylvania was there any serious opposition.
+Old distinctions of party had so far disappeared that the venerable
+ex-President John Adams was chosen as a presidential elector in
+Massachusetts, and voted with his fourteen colleagues&mdash;who were half
+Federalists and half Democrats&mdash;for James Monroe. In the electoral count
+Monroe lacked only a single vote of a unanimous election.</p>
+
+<p>When the electoral vote was about to be counted, an embarrassing
+question arose with regard to the vote of Missouri. As the State had not
+yet complied with the condition imposed by Congress, its right to vote
+was challenged. Again Clay appeared in his r&ocirc;le of compromiser. The
+delicate question was adroitly avoided by having the President of the
+Senate announce the electoral vote with and without the votes of
+Missouri. At last the Missouri question was disposed of; but words had
+been uttered which could not be recalled; and wounds had been inflicted
+which left scars. The South could never quite forget that it had been
+charged with conniving at crime in maintaining slavery. "You have
+kindled a fire," said Cobb, of Georgia, to Tallmadge, "which all the
+waters of the ocean cannot put out, which seas of blood only can
+extinguish."</p>
+
+
+<p class="subhead2">BIBLIOGRAPHICAL NOTE</p>
+
+<div class="blockquot"><p>An account of the crisis of 1819 is contained in F. J. Turner's
+<i>Rise of the New West</i> (in <i>The American Nation</i>, vol. 14, 1906);
+a shorter and less satisfactory account in A. M. Simons's <i>Social<span class='pagenum'><a name="Page_281" id="Page_281">[Pg 281]</a></span>
+Forces in American History</i> (1911). Much information may be
+gleaned from the pages of McMaster's history. Detailed information
+must be sought in the special studies already cited, such as R. C.
+H. Catterall, <i>The Second Bank of the United States</i> (1903), and
+P. J. Treat, <i>The National Land System, 1785-1820</i> (1910). From
+the vast literature dealing with slavery and the slavery
+controversy, the following titles may be selected as especially
+important: W. E. B. DuBois, <i>The Suppression of the African
+Slave-Trade to the United States of America, 1638-1870</i> (1896); W.
+H. Collins, <i>The Domestic Slave-Trade</i> (1904); A. B. Hart,
+<i>Slavery and Abolition</i> (in <i>The American Nation</i>, vol. 16, 1906);
+N. D. Harris, <i>The History of Negro Servitude in Illinois</i> (1904);
+E. R. Turner, <i>The Negro in Pennsylvania</i> (1911); and a number of
+monographs in the Johns Hopkins University <i>Studies</i>. All the
+larger histories discourse with great particularity upon the
+Missouri controversy. Contemporary views of the congressional
+struggle are presented in J. Q. Adams's <i>Memoirs</i>, and in T. H.
+Benton's <i>Thirty Years' View; or, A History of the Working of
+American Government, 1820-1850</i> (2 vols., 1854).</p></div>
+
+
+
+<hr style="width: 65%;" />
+<p><span class='pagenum'><a name="Page_282" id="Page_282">[Pg 282]</a></span></p>
+<p class="subhead1"><a name="CHAPTER_XVI" id="CHAPTER_XVI"></a>CHAPTER XVI</p>
+
+<p class="subhead2">THE NATIONAL AWAKENING</p>
+
+
+<p>There is a measure of truth in speaking of the War of 1812 as a second
+war of independence. In throwing off the shackles of British commercial
+ascendency, American society experienced much the same sense of elation
+and liberation as the peoples of Europe who contemporaneously rose in
+their might against Napoleon and asserted their right to independent
+national existence. The war was followed in the United States by an
+expansion of the vital forces of the nation in all directions. The
+earliest manifestations of this new national consciousness, however,
+were characteristically boisterous. An English traveler, who visited the
+United States soon after the war, found every man, woman, and child
+talking about the Guerri&egrave;re, the Java, the Macedonia, the Frolic, Lake
+Erie, Lake Champlain, and the "vast inferiority of British sailors and
+soldiers to the true-blooded Yankees." The events of the war were
+commemorated in songs which this Briton declared&mdash;and no doubt
+truthfully&mdash;to be "frothy, senseless bombast." But whatever limitations
+of culture were disclosed by this outburst of national conceit, no one
+could doubt for an instant that an exuberant vitality was coursing
+through the veins of the nation.</p>
+
+<p>It was a fair question, however, whether this national<span class='pagenum'><a name="Page_283" id="Page_283">[Pg 283]</a></span> feeling would
+find expression in any permanent literary form. A literature of its own
+America did not possess: every one with literary tastes was forced to
+this humiliating admission. Writing from Berlin in 1801, John Quincy
+Adams hailed the first number of Dennie's <i>Port Folio</i> with delight.
+"The object," he declared, "is noble. It is to take off that foul stain
+of literary barbarism which has so long exposed our country to the
+reproach of strangers and to the derision of our enemies." But the
+periodical had a very limited circle of readers, and its literary merits
+were slight. The <i>Anthology and Boston Review</i>, founded in 1805, had a
+wider influence upon letters in America; but it is memorable chiefly as
+the forerunner of the <i>North American Review</i>, modeled upon the English
+quarterlies, which was first published by William Tudor, in the year
+1815, at Boston.</p>
+
+<p>The publication of American books at this time was a hazardous
+enterprise. "The successful booksellers of the country," wrote one who
+recalled his own experiences in the book trade, "were for the most part
+the mere reproducers and sellers of English books." Yet American
+publishers often showed commendable enterprise. In 1817, Byron's
+<i>Manfred</i> was received, printed, and published at Philadelphia in a
+single day. Walter Scott, Moore, Miss Edgeworth, Miss Porter, and Lord
+Byron were the favorite British novelists and poets whose writings were
+reprinted in America. Among the American publications advertised by
+booksellers, were sermons, geographies, and schoolbooks; but rarely any
+productions<span class='pagenum'><a name="Page_284" id="Page_284">[Pg 284]</a></span> which belonged to the category termed by contemporaries
+<i>belles-lettres</i>.</p>
+
+<p>The slender literary product of the United States from 1815 to 1830 is
+contained in magazines rather than in books. Prose and verse which could
+never have found a publisher separately appeared in periodicals of every
+description. Most of these were ephemeral publications. The more serious
+reviews, like the <i>American Biblical Repository</i>, the <i>American Law
+Journal</i>, and the religious reviews, had a longer life; but the lighter
+magazines, like the <i>Ladies' Literary Cabinet</i>, the <i>Young Ladies'
+Parental Mentor</i>, and the <i>Casket: or Flowers of Literature, Wit, and
+Sentiment</i>, rose and fell on the fickle tide of public taste. Even the
+West had its magazines. Lexington, Kentucky, which disputed with
+Cincinnati the proud title, "Athens of the West," published the <i>Western
+Review</i>, one number of which contained a review of <i>Don Juan</i> within six
+weeks after the poem was published in England.</p>
+
+<p>In the September number of the <i>North American Review</i>, in 1817,
+appeared an original poem of such merit as to mark an era in the history
+of American verse. There was in William Cullen Bryant's <i>Thanatopsis</i>,
+it is true, no such youthful exuberance of feeling as the first
+stirrings of poetic genius in a new world might be expected to exhibit.
+The sense of refined form seemed almost un-American; yet there are lines
+in the poem which suggest the primeval background of American life and
+its influence upon the American mind. In 1819 appeared Washington
+Irving's <i>Sketch-Book</i>&mdash;the first American book<span class='pagenum'><a name="Page_285" id="Page_285">[Pg 285]</a></span> which was widely read
+in England; and in 1821, Cooper published <i>The Spy</i>, which was the first
+to win favor on the Continent. Both Cooper and Irving were more or less
+conscious imitators of English prose writers, the one of Scott and the
+other of Addison; and they lacked consequently that originality which
+critics have always demanded as the hall-mark of a genuinely native art.
+It is easy to forget, however, that the Americans were not a primitive
+people. They were folk with a literary inheritance, of which albeit they
+often showed little knowledge. It was not for them to invent new forms,
+but to press new wine into old bottles. Of Irving, moreover, it should
+be said that he drew freely upon a vein of delicious humor, as in his
+<i>Knickerbocker History of New York</i>, which may be truly characterized as
+American.</p>
+
+<p>The annals of American art in these years are even more bare. Benjamin
+West, to be sure, was born in Pennsylvania, but he achieved eminence in
+England. That he could succeed Sir Joshua Reynolds as President of the
+Royal Academy was a tribute to his fame, but equally convincing proof
+that he had ceased to be identified with the land of his nativity.
+Gilbert Stuart owed much to West, but his return to America in 1792
+saved him from complete subservience to English models. As a portrait
+painter he developed power and individuality. Posterity may well be
+grateful that the portraits of Washington, Jefferson, and Madison were
+painted with fidelity to nature as Stuart saw it, rather than in the
+grandiose manner of West. Two other names,<span class='pagenum'><a name="Page_286" id="Page_286">[Pg 286]</a></span> Malbone and Allston, deserve
+brief mention. The one achieved some distinction as a painter of
+miniatures; the other is remembered both as artist and man of letters in
+the literary circle which was forming about Boston. The name of Jonathan
+Trumbull completes the list of American artists. What David was to the
+great actors in the revolutionary drama in France, Trumbull was to the
+notable characters of the American Revolution. In his conception of his
+themes he was perhaps the most genuinely American painter of his time.</p>
+
+<p>In the pages of his autobiography, Trumbull recounts an interview with
+his father which may take the place of any further comment on the dearth
+of artistic feeling in the United States. The young man was arguing
+passionately for his vocation. The father, a typical Yankee, listened
+with commendable patience, and complimented the lad when he had
+finished. "'But,' added he, 'you must give me leave to say, that you
+appear to have overlooked, or forgotten, one very important point in
+your case.' 'Pray, sir,' I rejoined, 'what was that?' 'You appear to
+forget, sir, that <i>Connecticut is not Athens</i>'; and with this pithy
+remark, he bowed and withdrew, and nevermore opened his lips upon the
+subject. How often have those few impressive words recurred to my
+memory."</p>
+
+<p>The names of Bryant, Cooper, and Irving are linked with the city of New
+York which enjoyed for a brief time that primacy in the world of
+American letters which it was fast acquiring in commerce. The center of
+literary and scholarly activity in the next<span class='pagenum'><a name="Page_287" id="Page_287">[Pg 287]</a></span> generation was Boston,
+where the New England renaissance began. In this revival of letters
+Harvard College had a notable part. In 1806, John Quincy Adams was
+appointed Professor of Rhetoric and gave a course of lectures which
+moulded the taste of that school of orators to which Edward Everett
+belonged&mdash;a school of oratory which found its models in Demosthenes and
+Cicero. Everett became Professor of Greek in 1815; and George Ticknor,
+Professor of Belles-Lettres in 1816. Prescott graduated in 1814, Palfrey
+in 1815, and George Bancroft in 1817,&mdash;all three to add to American
+historiography works of enduring excellence. In 1817, young Ralph Waldo
+Emerson entered college.</p>
+
+<p>It was Boston, however, rather than Harvard College, which
+created the atmosphere that these young scholars&mdash;all from Boston
+families&mdash;breathed: for the Athen&aelig;um, the American School of Arts and
+Sciences, and the Massachusetts Historical Society had begun to exercise
+an increasing influence on the younger generation. Harvard College, like
+all colleges of the day, was hardly more than a species of higher
+academy whither boys went at a tender age to continue their study of the
+classics and mathematics, and incidentally to cultivate rhetoric and
+<i>belles-lettres</i>.</p>
+
+<p>The liberation of the American mind from time-honored traditions and
+conventions appeared markedly in the ecclesiastical revolts and
+religious revivals of the age. Unitarianism took its rise quite as much
+in protest against the teaching of Calvinism, that man was brought into
+the world hopelessly depraved, as<span class='pagenum'><a name="Page_288" id="Page_288">[Pg 288]</a></span> against the orthodox conception of
+Christ's nature. The definite separation of Unitarianism from
+Congregationalism dates from 1815 when William E. Channing published his
+memorable letter to the Reverend Samuel C. Thacher. The writings of
+Buckminster, Channing, and other theological liberals have a distinct
+place in the annals of American intellectual life. Universalism also
+took its rise at this time and spread with remarkable rapidity under the
+lead of Hosea Ballou. In western Pennsylvania and Virginia, the
+Campbells, father and son, led a departure from the established
+Presbyterian order. The Society of Friends was also rent by the
+teachings of Elias Hicks.</p>
+
+<p>Revivals had been a recurring feature of New England religious life
+since the latter years of the seventeenth century. That they stimulated
+many forms of religious activity appears in the annals of missionary
+enterprises at home and abroad. In 1810 the American Board of Foreign
+Missions and in 1814 the American Baptist Missionary Union were founded.
+In 1812 four young missionaries went out to India; and five years later
+other devoted young men began their labors among the Cherokees and
+Choctaws of the Southwest. There is something at once heroic and
+pathetic in the humanitarian zeal of a people, whom Europeans still
+regarded with disdain, to carry to the remote ends of the earth a
+Christian civilization which they had themselves hardly attained. But an
+incomprehensible idealism has from first to last been interwoven in the
+texture of American character.<span class='pagenum'><a name="Page_289" id="Page_289">[Pg 289]</a></span></p>
+
+<p>After the cessation of European wars the United States stood singularly
+aloof from the Old World, yet in the affairs of South America they did
+not cease to take a lively interest. The successive revolutions by which
+the provinces of the Rio de la Plata, Chili, Peru, Colombia, Brazil, and
+Mexico threw off the yoke of Spain woke a thrill in the people of the
+United States, for they thought they saw the events of their own
+revolution repeated in the exploits of San Mart&iacute;n and Bol&iacute;var. To the
+imagination of Henry Clay, this was a sublime spectacle&mdash;"eighteen
+millions of people struggling to burst their chains and be free." He
+would have had the United States recognize these sister republics and
+join hands with them in forming an American system independent of
+Europe. And when the Administration hesitated, he exclaimed: "We look
+too much abroad. Let us break these commercial and political fetters;
+let us no longer watch the nod of any European politician; let us become
+real and true Americans, and place ourselves at the head of the American
+system."</p>
+
+<p>The conception of an American system did not originate in the ardent
+mind of Henry Clay. It was as old as the Union itself. Foreign
+encroachment had been feared from the very birth of the nation. "You are
+afraid of being made the tool of the powers of Europe," said Richard
+Oswald to John Adams while peace negotiations were pending at Paris.
+"Indeed I am," rejoined Adams. "What powers?" asked Oswald. "All of
+them," said Adams; "it is obvious that all the powers of Europe will be
+continually man&oelig;uvring with us to work us into their<span class='pagenum'><a name="Page_290" id="Page_290">[Pg 290]</a></span> real or
+imaginary balances of power.... But I think that it ought to be our rule
+not to meddle." Washington's refusal to enter into an alliance with
+France and his firm insistence upon neutrality were inspired by this
+same fear. Jefferson's negotiations for the purchase of New Orleans were
+motivated by the fear that France, once in possession of the mouth of
+the Mississippi, would threaten the isolation of the United States and
+drive us into the arms of Great Britain. "Jefferson is an American,"
+Adet once said, with rare insight, "and by that title, it is impossible
+for him to be sincerely our friend. <i>An American is the born enemy of
+European peoples.</i>"</p>
+
+<p>The corollary of the principle of non-intervention was abstention on the
+part of the United States from the affairs of Europe. Could the United
+States, then, recognize the colonies of Spain as independent republics
+without emerging from its traditional isolation? President Monroe would
+have been glad to recognize the South American republics even before
+they had demonstrated their ability to maintain their independence; but
+his cool-headed Secretary of State prevailed upon him to await further
+evidence. It was not until 1822, indeed, that the President recommended
+to Congress the establishment of missions in the new republics of South
+America. Spain protested emphatically against this action; but Adams,
+now sure of his ground, justified the action of the Administration by an
+appeal to facts. So long as Spain was attempting to reduce the colonies
+by arms, the United States had observed "the most impartial neutrality."
+But war had ceased, and the United<span class='pagenum'><a name="Page_291" id="Page_291">[Pg 291]</a></span> States had "yielded to an obligation
+of duty of the highest order, by recognizing, as independent states,
+nations which, after deliberately asserting their right to that
+character, had maintained and established it against all the resistance
+which had been or could be brought to oppose it."</p>
+
+<p>In the year 1823, the traditional principles of American foreign policy
+were put to a severer test. Soon after the Congress of Vienna, that
+combination of the great powers was consummated which contemporaries
+usually but erroneously styled the Holy Alliance. Austria, Prussia,
+Russia, and Great Britain covenanted together to meet at fixed periods
+to consult upon their common interests and to consider the measures
+"most salutary for the repose and prosperity of nations, and for the
+maintenance of the peace of Europe." Three years later, France was
+admitted to the councils of these "self-appointed keepers of the world's
+peace." Innocent enough in its public professions, this association of
+the great powers was converted by Metternich of Austria, who had
+acquired a remarkable ascendency over the mind of his own sovereign and
+over that of the impressionable czar, into an instrument of reaction and
+repression, whenever and wherever the specter of revolution raised its
+head. Within a few years revolutionary uprisings occurred in Italy and
+Spain. The so-called legitimate sovereigns were driven from their
+thrones and constitutional governments were established. In successive
+congresses at Troppau and Laybach, the three powers, Austria, Russia,
+and Prussia, resolved to suppress these revolutionary<span class='pagenum'><a name="Page_292" id="Page_292">[Pg 292]</a></span> movements. An
+Austrian army was commissioned to carry out this policy of intervention,
+as it was termed; and the King of the Two Sicilies was restored to his
+uneasy throne. Neither Great Britain nor France took part in these
+congresses. It now remained to chastise the revolutionists of Spain. At
+the Congress of Verona in 1822, the representative of Great Britain
+openly protested against any intervention in Spain. But again the three
+powers, now joined by France, resolved to restore the deposed Fernando
+VII. Early in the following year a French army crossed the Pyrenees and
+entered Madrid. It was commonly believed that the restoration of the
+monarchy was to be followed by a reduction of the revolted colonies and
+a restoration of the Spanish colonial empire.</p>
+
+<p>It was at this juncture that Canning, who had become the head of the
+British ministry, protested against the policy of intervention and
+sought for ways and means to make the protest effective. The one power
+whose traditions of liberty and whose interests in this particular
+seemed to be identical with those of Great Britain was the United
+States. In truth, their interests were far from being identical. Two
+years before, in a conversation with the British minister at Washington,
+the Secretary of State, in his most uncompromising manner, had
+challenged the right of Great Britain to the valley of the Columbia
+River or to any part of the Pacific Coast. And so recently as April of
+this critical year 1823, Adams had taken alarm at the appearance of a
+British naval force off the coast of Cuba and had warned the Government<span class='pagenum'><a name="Page_293" id="Page_293">[Pg 293]</a></span>
+at Madrid that "the transfer of Cuba to Great Britain would be an event
+unpropitious to the interests of the United States." At the same time
+Adams stated his conviction that within half a century the annexation of
+Cuba to the United States would be "indispensable to the continuance of
+the Union itself." Coupled with this prophecy was the equally frank
+assurance that the United States desired to have Cuba and Porto Rico
+"continue attached to Spain"&mdash;for the present.</p>
+
+<div class="figright" style="width: 400px;">
+<a name="il23" id="il23"></a>
+<a href="images/i23.jpg"><img src="images/i23-thumb.jpg" width="400" height="319" alt="Russian Claims in North America" title="" /></a>
+</div>
+
+<p>It was in midsummer of this year, too, that Adams protested against the
+ukase of the czar which had asserted the claim of Russia to the Pacific
+Coast as far south as the fifty-first degree, and to a maritime
+jurisdiction one hundred Italian miles from the coast. Adams records in
+his diary that he told the Russian minister "that we should contest the
+right of Russia to <i>any</i> territorial establishment on this continent,
+and that we should assume distinctly the principle that the American
+continents are no longer subjects for <i>any</i> new European colonial
+establishments." The time had come when the United States was bound to
+take more than a sentimental interest in the affairs of Spanish America.
+The disintegration of the Spanish colonial<span class='pagenum'><a name="Page_294" id="Page_294">[Pg 294]</a></span> empire not only invited the
+Intervention of European powers in the internal affairs of the new
+republics, but also exposed portions of the North American continent to
+their aggressions.</p>
+
+<p>On several occasions Canning conferred with Richard Rush, the minister
+of the United States resident in London, to ascertain whether his
+Government would join Great Britain in a public declaration against any
+"forcible enterprise for reducing the colonies to subjugation on behalf
+of or in the name of Spain; or which meditates the acquisition of any
+part of them to itself, by cession or by conquest." England had no
+designs upon the distant colonies of Spain, Canning asseverated; at the
+same time it "could not see any part of them transferred to any other
+power with indifference." Not trusting implicitly in Canning's altruism,
+Rush wisely suggested that Great Britain should first recognize the
+South American republics as a preliminary to a joint declaration. To
+this Canning would not commit himself; and Rush would not assume
+responsibility for a public declaration on any other conditions.</p>
+
+<p>On receiving the dispatches from Rush recounting these interesting
+conferences, President Monroe took counsel with the two Virginia
+oracles, Jefferson and Madison. Both advised him to meet Canning's
+overtures and to make common cause with Great Britain&mdash;the one nation,
+as Jefferson put it, which could prevent America from having an
+independent system and which now offered "to lead, aid, and accompany us
+in it." Monroe was disposed to follow this advice. He not only drafted a
+message to Congress upon<span class='pagenum'><a name="Page_295" id="Page_295">[Pg 295]</a></span> these lines, but he went further and urged the
+recognition of Greek independence in a way which departed widely from
+the traditional aloofness which earlier Presidents had maintained in
+matters of European concern. On the other hand, Adams was decidedly of
+the opinion that Canning's invitation should be declined. He did not
+wish the country to appear "as a cock-boat in the wake of the British
+man-of-war." Moreover, Adams was considerably alarmed at the reactionary
+principles which the Russian ministry had avowed in a communication
+addressed to the minister at Washington. He urged the President to seize
+the occasion to make an explicit declaration of American principles.
+"The ground I wish to take," said he, "is that of earnest remonstrance
+against the interference of European powers by force with South America,
+but to disclaim all interference on our part with Europe; to make an
+American cause and adhere inflexibly to that."</p>
+
+<p>Yielding to his contentious Secretary of State, President Monroe
+redrafted his message to Congress. In its final form, December 2, 1823,
+this famous state paper contained the essential principles of what has
+come to be known as the Monroe Doctrine. It was asserted "as a general
+principle in which the rights and interests of the United States are
+involved that the American continents, by the free and independent
+condition which they have assumed and maintain, are henceforth not to be
+considered as subjects for future colonization by any European powers."
+The message expressly disclaimed any purpose to interfere in European
+politics; but respecting the affairs<span class='pagenum'><a name="Page_296" id="Page_296">[Pg 296]</a></span> of the Western hemisphere a direct
+and immediate interest was frankly avowed. "The political system of the
+allied powers is essentially different in this respect from that of
+America." "We should consider any attempt on their part to extend their
+system to any portion of this hemisphere as dangerous to our peace and
+safety. With the existing colonies or dependencies of any European power
+we have not interfered and shall not interfere. But with the Governments
+who have declared their independence and maintained it, and whose
+independence we have, on great consideration and on just principles,
+acknowledged, we could not view any interposition for the purpose of
+oppressing them, or controlling in any manner their destiny, by any
+European power in any other light than as the manifestation of an
+unfriendly disposition toward the United States."</p>
+
+<p>The immediate effects of the message are not easily traced. It is not
+clear, even, that the favorable treaty made with Russia in the following
+year was the outcome of what Canning somewhat contemptuously styled "the
+new Doctrine of the President." Russia, it is true, agreed to waive her
+claims below fifty-four degrees forty minutes and to exclusive
+jurisdiction in Bering Sea; but the conflicting claims of England in the
+Northwest remained, and Canning predicted that England would "have a
+squabble with the Yankees yet in and about those regions."</p>
+
+<p>Later generations have read strange meanings into the message of
+President Monroe. Even contemporaries were not clear as to its import.
+Interpreted in the light of its origin, it was a candid announcement<span class='pagenum'><a name="Page_297" id="Page_297">[Pg 297]</a></span>
+that the United States did not purpose to meddle in the affairs of
+European states or of their existing dependencies, and a protest against
+the increase of power of European states in America either by
+intervention or by new colonization.</p>
+
+
+<p class="subhead2">BIBLIOGRAPHICAL NOTE</p>
+
+<div class="blockquot"><p>In the concluding volume of Henry Adams's <i>History of the United
+States</i> are excellent chapters on American literature, art, and
+religious thought. W. B. Cairns's <i>On the Development of American
+Literature from 1815 to 1833</i> (1898) contains much interesting
+information about periodicals. Barrett Wendell's <i>A Literary
+History of America</i> (1900) is full of pungent comment on early men
+of letters. C. C. Caffin, <i>The Story of American Painting</i> (1907),
+and H. T. Tuckerman, <i>Artist-Life, or Sketches of American
+Artists</i> (1847), record the small achievements of American art.
+John Trumbull's <i>Autobiography, Reminiscences, and Letters, from
+1756 to 1841</i> (1841), is a book of great interest. E. G. Dexter's
+<i>A History of Education in the United States</i> (1904) is an
+excellent manual. The Unitarian Movement can be best followed in
+J. W. Chadwick's <i>William Ellery Channing</i> (1903). The history of
+the various denominations may be found in volumes of the <i>American
+Church History Series</i>. The genesis of Monroe's message is
+described by F. J. Turner, <i>The Rise of the New West</i>(in <i>The
+American Nation</i>, vol. 14, 1906), and F. E. Chadwick, <i>The
+Relations of the United States and Spain</i> (1909). Both of these
+accounts are based on W. C. Ford, <i>John Quincy Adams: His
+Connection with the Monroe Doctrine</i> (in Massachusetts Historical
+Society <i>Proceedings</i>, 1902). An excellent essay is that by W. F.
+Reddaway, <i>The Monroe Doctrine</i> (2d. ed., 1905).</p></div>
+
+
+
+<hr style="width: 65%;" />
+<p><span class='pagenum'><a name="Page_298" id="Page_298">[Pg 298]</a></span></p>
+<p class="subhead1"><a name="CHAPTER_XVII" id="CHAPTER_XVII"></a>CHAPTER XVII</p>
+
+<p class="subhead2">THE NEW DEMOCRACY</p>
+
+
+<p>By the year 1824, the West had become a section to be reckoned with by
+those who were calculating their chances in the presidential race. Since
+the war six Western States had been admitted into the Union. The
+population west of the Alleghanies had increased by nearly a million and
+a half within a decade. The relative importance of this new section
+appears in the census returns. In 1790, less than six per cent of the
+total population lived west of the Alleghanies; in 1820, nearly
+thirty-two per cent were domiciled in this vast region. In the National
+Legislature the West had acquired notable weight. By the apportionment
+of 1822, it had forty-seven out of two hundred and thirteen members of
+the House; in the Senate, eighteen out of forty-eight. But these figures
+do not tell the whole tale. As Professor Turner has well said, rightly
+to estimate the weight of Western population we must add the people of
+western New York and of the interior counties of Pennsylvania, and of
+the trans-Alleghany counties of Virginia, as well as the people of the
+back-country of Maine, New Hampshire, Vermont, North Carolina, and
+Georgia. "All of these regions were to be influenced by the ideals of
+democratic rule which were springing up in the Mississippi Valley."</p>
+
+
+<div class="figcenter" style="width: 550px;">
+<a name="il24" id="il24"></a>
+<a href="images/i24.jpg"><img src="images/i24-thumb.jpg" width="550" height="945"  alt="Distribution of Population 1820" title="" /></a>
+</div>
+
+<p>Economic conditions bred a democratic society in<span class='pagenum'><a name="Page_300" id="Page_300">[Pg 300]</a></span><span class='pagenum'><a name="Page_299" id="Page_299">[Pg 299]</a></span> the West. What
+Gallatin said of Pennsylvania was true of the greater West: "An equal
+distribution of property made every individual independent and produced
+a true and real equality." The basal characteristic of the West was
+individual ownership of land; and the reaction of the sense of
+proprietorship upon individual character was the most significant fact
+in the history of its population. Intense individualism and rugged
+self-reliance were the salient characteristics of the Westerner. So far
+as he reflected upon his social relations, he believed in complete
+social equality. In numberless instances the pioneer had migrated to
+escape the social inequalities and depressing conventions of older
+communities; and he was not minded to encourage the reproduction of
+these conditions in his new home. "America, then, exhibits in her social
+state an extraordinary phenomenon," wrote De Tocqueville in his notable
+study of American democracy. "Men are there seen on a greater equality
+in point of fortune and intellect, or, in other words, more equal in
+their strength, than in any other country of the world, or in any age of
+which history has preserved the remembrance."</p>
+
+<p>Life on the frontier, where a man wrestled with the primitive forces of
+Nature and conquered by dint of his indomitable will, made the Westerner
+perhaps overconfident in his ability to deal with all obstacles in the
+way of human achievement and withal somewhat impatient under the
+restraints imposed by the more complicated social order in the older
+communities to the East. The sweep of the prairies and the wide horizon
+lines of the Middle West may have<span class='pagenum'><a name="Page_301" id="Page_301">[Pg 301]</a></span> exercised a subtle influence upon
+temperament. At all events, the Westerner was buoyant and optimistic,
+taking large views of national destiny and of the possibilities of human
+achievement in a democracy.</p>
+
+<p>There was danger, indeed, that in cutting loose from the irritating
+restraints of the older communities, the people of the West would
+sacrifice much of the grace and many of the intellectual and spiritual
+refinements of an older civilization. "In this part of the American
+continent," observes De Tocqueville, "population has escaped the
+influence not only of great names and great wealth, but even of the
+natural aristocracy of knowledge and virtue." It seemed to two young New
+Englanders who traversed the vast region from the Western Reserve to New
+Orleans in 1813, in the interests of missionary societies, that the
+people were wrapped in spiritual darkness, "being ignorant, often
+vicious, and utterly destitute of Bibles and religious literature." The
+General Bible Society of the United States was founded in 1816 to dispel
+this irreligious gloom. Within five years this organization and its
+numerous auxiliaries had distributed one hundred and forty thousand
+Bibles and Testaments through the new States.</p>
+
+<p>Yet the irreligion of the West was painted darker than it really was.
+Methodism had struck root where other denominations could not thrive.
+Its methods and organization, indeed, were peculiarly adapted to a
+people which could not support a settled pastor. "A sect, therefore,
+which marked out the region into circuits, put a rider on each and bade
+him cover it once a month, preaching here to-day and there to-morrow,<span class='pagenum'><a name="Page_302" id="Page_302">[Pg 302]</a></span>
+but returning at regular intervals to each community, provided the
+largest amount of religious teaching and preaching at the least
+expense." The Baptists, too, secured a footing in the new communities
+and labored effectively in creating religious ties between the old and
+the new sections of the country. In religion as in politics the people
+of the West were responsive to emotional appeals. The circuit rider,
+with his intense conviction of sin and his equally strong conviction of
+salvation through repentance, wrought great crowds in camp meetings into
+ecstasies of religious excitement. Odd religious sects and strange
+"isms" were to be found in the back-country. At New Harmony on the
+Wabash River were the Rappites, a sect of German peasants who came first
+to Pennsylvania under their leader George Rapp, and who afterward
+returned thither. At Zoar in Ohio was the Separatist community led by
+Joseph Baumeler. Shaker societies were formed at many places; and
+Mormonism was just beginning its strange history through the revelations
+of Joseph Smith in western New York.</p>
+
+<p>The intellectual horizon of the Western world was necessarily limited.
+Absorbed in the stern struggle for existence, the people had no leisure
+and no heart to enjoy the finer aspects of life. Education was a luxury
+which only the prosperous might possess. The purpose to make elementary
+education a public charge developed tardily. Outside of New England,
+indeed, a public school system did not exist. Throughout the older
+portions of the West the traveler might find academies and so-called
+colleges, but none supported<span class='pagenum'><a name="Page_303" id="Page_303">[Pg 303]</a></span> at public expense. The State of Indiana,
+it is true, entered the Union with a constitution which made it the duty
+of the legislature to provide, as soon as circumstances permitted, "for
+a general system of education, ascending in a regular gradation from
+township schools to a State University, wherein tuition shall be gratis,
+and equally open to all." But years passed before circumstances
+permitted the realization of this ideal. Meantime, the prosperous
+planters of the Southwest employed tutors for their children, and the
+well-to-do farmers of the Northwest paid tuition for their boys at
+academies. But young Abraham Lincoln had to teach himself Euclid and to
+cipher on the back of a wooden shovel, by the flickering embers of a
+log-cabin fire.</p>
+
+<p>The new Commonwealths entered the Union as self-confessed democracies.
+In all the States formed after the War of 1812, with one exception,
+property qualifications such as prevailed in the older States were swept
+away and the right to vote was accorded to every adult white male. In
+Mississippi alone there was the additional qualification that a voter
+should be enrolled in the militia or have paid a state or county tax.
+Everywhere, too, the principle was accepted that representation should
+be based upon population and not upon property. The men who framed these
+new constitutions believed that they were establishing the rule of the
+people. It was, indeed, unthinkable that, believing themselves equal in
+all other respects, they should not accept the principle of political
+equality and popular sovereignty.</p>
+
+<p>There is evidence in these new constitutions, however,<span class='pagenum'><a name="Page_304" id="Page_304">[Pg 304]</a></span> that the people
+placed less reliance in their legislative bodies than did the people of
+the Revolutionary era. Instead of general grants of legislative power,
+there are specific prohibitions and positive injunctions. Important
+limitations are imposed upon the form and mode of legislation. It is
+clear, too, that fear of an over-strong executive had given way to a
+belief in the necessity of having a stronger countervailing influence,
+capable of checking the legislative. Everywhere the governor was made
+elective directly by the people and given the veto power. The conviction
+was often expressed in constitutional conventions that the governor was
+peculiarly the representative of the people, a popular tribune who would
+protect them against the indiscretions of their legislative
+representatives. The extension of the elective principle to all
+important offices was accompanied also by a general conviction that life
+tenure of office is undemocratic. "Rotation in office," said Andrew
+Jackson, voicing a popular feeling, "is a cardinal principle of
+democracy."</p>
+
+<p>The spirit of Western democracy leavened also the older States. The
+people of Maine, breaking away from Massachusetts and her ancient
+ideals, boldly declared for manhood suffrage in their new constitution.
+Connecticut adopted a constitution in 1818 to replace the old charter,
+and dissolved the old union of Church and State by declaring that no
+preference should be given by law to any Christian sect or mode of
+worship. At the same time Connecticut extended the suffrage to all who
+served in the militia or paid a state tax. New York in the constitution
+of 1821<span class='pagenum'><a name="Page_305" id="Page_305">[Pg 305]</a></span> and Massachusetts by a constitutional amendment in the same
+year abandoned the old property qualifications for voting.</p>
+
+<p>In both Massachusetts and New York, conservative men like Chancellor
+Kent and Daniel Webster frankly avowed their apprehensions of universal
+suffrage. "The tendency of universal suffrage," said Kent in the New
+York convention, "is to jeopardize the rights of property, and the
+principles of liberty." He held society to be an association for the
+protection of property as well as of life, "and the individual who
+contributes only one cent to the common stock ought not to have the same
+power and influence in directing the property concerns of the
+partnership as he who contributes his thousands."</p>
+
+<p>The democratic movement affected not only the formal organization of
+State Governments, but also the machinery and methods of political
+parties. In the Northern States there was increasing dissatisfaction
+with the practice of nominating candidates for office by legislative
+caucus. The rank and file of the parties were no longer willing to
+submit blindly to the dictation of leaders. In deference to party voters
+in districts which were not represented by men of their political faith,
+the leaders of the respective parties now found it expedient to summon
+special delegates to their party conclaves, in order to give a more
+truly representative character to the organization of party. The
+legislative caucus, in short, gave way to the mixed caucus.</p>
+
+<div class="figcenter" style="width: 550px;">
+<a name="il25" id="il25"></a>
+<a href="images/i25.jpg"><img src="images/i25-thumb.jpg" width="550" height="927"  alt="States Admitted to the Union between 1812 and 1821" title="" /></a>
+</div>
+
+<p>But the old vice remained. The selection of candidates for office was
+still made by those who had no<span class='pagenum'><a name="Page_307" id="Page_307">[Pg 307]</a></span><span class='pagenum'><a name="Page_306" id="Page_306">[Pg 306]</a></span> mandate to act for the party except in
+a legislative capacity. If the voters of the party were in truth the
+source of authority within the party, then a means had to be devised of
+ascertaining their will. The democratic principle, in short, had to be
+applied to party. In response to this feeling, mass meetings and
+irregular conventions were held; but these methods of securing an
+expression of party opinion were only transitional. Indeed, so long as
+the means of communication were defective, popular gatherings were
+necessarily poorly attended. The next step in the democratization of
+party organization could only be taken when the barriers of space were
+overcome by the application of the steam engine to transportation. The
+nominating delegate convention waited on the development of
+transportation.</p>
+
+<p>Much the same popular hostility was directed against the congressional
+caucus. Candidates for the presidential nomination were not blind to
+this movement, and for the most part they sought other means of
+promoting their chances. Monroe had hardly entered upon his second term
+when state legislative caucuses began to nominate favorite sons. In
+1821, the legislature of South Carolina put forward the name of William
+Lowndes, and upon his death named John C. Calhoun as its candidate for
+the Presidency. In 1822, the legislature of Tennessee presented the name
+of Andrew Jackson, "the soldier, the statesman, the honest man," to the
+consideration of the people of the United States. In the same year
+Republican members of the legislature of Kentucky recommended Henry Clay
+"as a suitable person to<span class='pagenum'><a name="Page_308" id="Page_308">[Pg 308]</a></span> succeed James Monroe as President." A "joint
+meeting of the Republican members of the Massachusetts legislature and
+of Republican delegates from the various towns of the Commonwealth not
+represented in the legislature" nominated John Quincy Adams for the
+Presidency in January, 1823. And finally, illustrative of the varied
+methods in use and of the strange vicissitudes of politics at this time,
+a public gathering or mass meeting at Fredericksburg, Virginia, in
+March, 1824, nominated Adams for President and Jackson for
+Vice-President.</p>
+
+<p>A series of resolutions passed by the legislature of Tennessee in 1823
+called attention in no uncertain language to the shortcomings of the
+congressional caucus and called for its overthrow. A canvass of the
+members of Congress showed that one hundred and eighty-one out of two
+hundred and sixty-one believed a caucus inexpedient at this time.
+Nevertheless, the minority, acting in Crawford's interest, took their
+courage in both hands and held a caucus on February 14, 1824. Sixty-four
+out of sixty-eight votes were cast for William H. Crawford, who thus
+became by all precedents the "regular" candidate of the Republican
+party. This nomination and the indorsement of Jackson by the Republicans
+of Pennsylvania spoiled Calhoun's chances. In the spring of 1824, he
+allied himself with the Jackson faction by accepting the nomination for
+Vice-President at the hands of a state nominating convention at
+Harrisburg, which had put Jackson at the head of the ticket.</p>
+
+<p>Such issues as were discoverable in the presidential<span class='pagenum'><a name="Page_309" id="Page_309">[Pg 309]</a></span> contest of 1824
+were formulated in the debates in Congress during the early part of the
+year. As the country recovered from financial depression, the question
+of internal improvements again forged to the front. In 1822, a bill to
+authorize the collection of tolls on the Cumberland Road had been vetoed
+by the President. In an elaborate essay Monroe set forth his views on
+the constitutional aspects of a policy of internal improvements.
+Congress might appropriate money, he admitted, but it might not
+undertake the actual construction of national works nor assume
+jurisdiction over them. For the moment the drift toward a larger
+participation of the National Government in internal improvements was
+stayed. Two years later, however, Congress authorized the President to
+institute surveys for such roads and canals as he believed to be needed
+for commerce and military defense. The vote on this bill shows that the
+source of opposition to internal improvements was chiefly in the
+Northeast, in Virginia, and in the Carolinas. The West and Southwest,
+with Pennsylvania, Maryland, and New Jersey, were a unit in support of
+the general survey.</p>
+
+<p>No one pleaded more eloquently for a larger conception of the functions
+of the National Government than Clay. No one voiced the aspirations of
+his section more faithfully. He called the attention of his hearers to
+provisions made for coast surveys and lighthouses on the Atlantic
+seaboard and deplored the neglect of the great interior of the country.
+"A new world has come into being since the Constitution was adopted," he
+exclaimed. "Are the narrow,<span class='pagenum'><a name="Page_310" id="Page_310">[Pg 310]</a></span> limited necessities of the old thirteen
+States, of, indeed, parts only of the old thirteen States as they
+existed at the formation of the present Constitution, forever to remain
+the rule of its interpretation?" Of the other presidential candidates,
+Jackson voted in the Senate for the general survey bill; and Adams left
+no doubt in the public mind that he did not reflect the narrow views of
+his section on this issue. Crawford felt the constitutional scruples
+which were everywhere being voiced in the South, and followed the old
+expedient of advocating a constitutional amendment to sanction national
+internal improvements.</p>
+
+<p>The Tariff Act of 1824 also entered somewhat into the presidential
+campaign. The failure of the protectionists to secure a higher tariff in
+1820 had been followed by other efforts to secure congressional action;
+but none succeeded until Clay was again elected Speaker of the House and
+thrust the matter into the foreground of discussion. Clay dwelt
+eloquently upon the loss of the foreign market for agricultural products
+and upon the consequent widespread distress. To his mind the remedy was
+the establishment of an American market by fostering manufactures. That
+such a policy would involve a clash of sectional interests, he did not
+deny; but he believed that "reconciliation by mutual concessions" could
+be effected and a genuine "American system" be brought into existence.</p>
+
+
+<div class="figcenter" style="width: 550px;">
+<a name="il26" id="il26"></a>
+<a href="images/i26.jpg"><img src="images/i26-thumb.jpg" width="550" height="792"  alt="House Vote on Tariff Bill, April 16, 1824" title="" /></a>
+</div>
+
+<p>The tariff bill presented in 1824 was avowedly a protective measure.
+Among lesser changes, increased duties were proposed on iron, lead,
+wool, hemp, cotton bagging, and cotton and woolen goods. At once<span class='pagenum'><a name="Page_311" id="Page_311">[Pg 311]</a></span>
+the clash of sectional interests began. New England shippers protested
+against the duty on hemp, which they needed for cordage; and Southern
+planters made common cause with them on this item, because the cheap
+bagging which they used for baling their cotton was made of coarse hemp.
+For the same reason the maritime sections of New England opposed the
+duty on iron. For precisely opposite reasons, Kentucky clamored for the
+protection of her hemp-growers, and Pennsylvania, for the protection of
+her iron-workers. It was well understood that the cotton industry was
+established and needed no protection; nevertheless, the minimum duty on
+cotton fabrics was raised. The increased duty on woolens, however, was
+offset by an increased duty on raw wool, so that the woolen
+manufacturers profited little by the change of rate. A proposal to apply
+to woolens the minimum principle which had been extended to cottons in
+1816 was defeated by the opposition of the South. Any increase in the
+cost of cheap woolen goods was bound to enhance the cost of clothing the
+slaves. On the other hand, the representatives of the great
+grain-growing and farming States of New York, New Jersey, and
+Pennsylvania, together with the States of the Ohio Valley, were almost
+unanimously in favor of the proposed bill. When the bill came to a vote
+in the House on April 16, 1824, only nine of the combined ninety-five
+votes of these sections were cast in the negative. Equally emphatic was
+the protest of the South and Southwest: only six out of seventy-six
+Representatives favored the bill. New England by its divided vote
+revealed the internal conflict<span class='pagenum'><a name="Page_312" id="Page_312">[Pg 312]</a></span> between the commercial and manufacturing
+interests. The bill passed both houses of Congress by small majorities
+and received the signature of the President.</p>
+
+<p>Of the presidential candidates, only one spoke with uncertain sound on
+the tariff issue. Clay was the outspoken advocate of a far-reaching
+American system; Adams thought the tariff of 1824 a fair compromise;
+Jackson, properly coached by his intimates, put himself on record as a
+supporter of a protective policy to create a home market; only Crawford,
+representative of the peculiar interests of the South and candidate for
+Northern support, felt the impossibility of harmonizing the conflicting
+interests of his followers by a clear-cut and explicit utterance on the
+tariff.</p>
+
+<p>With so many candidates in the field, it was difficult to forecast the
+outcome of the presidential campaign. Even if there had been a
+pronounced popular drift toward any candidate, the result would have
+remained in doubt until the six States which still gave the choice of
+electors to their legislatures had completed the complicated electoral
+process. There was a strong likelihood, however, that the election would
+go to the House of Representatives. As the choice would then be confined
+to the three candidates having the highest vote, there was not a little
+bargaining in the States where the legislatures chose the electors. The
+completed returns gave Jackson 99 electoral votes; Adams, 84; Crawford,
+41; and Clay, 37. Calhoun was elected Vice-President by more than two
+thirds of the electoral vote. The House, therefore, as wiseacres had
+foretold, was called upon for<span class='pagenum'><a name="Page_313" id="Page_313">[Pg 313]</a></span> the second time to decide a contested
+presidential election.</p>
+
+<p>The position of Clay was one of unenviable distinction and power. He
+could not be elected President, but he could, it was believed, determine
+which of his rivals should have the coveted office. His own State
+favored Jackson as a second choice; but Clay wrote to a friend that he
+could not consider the killing of twenty-five hundred Englishmen at New
+Orleans proved the fitness of Jackson for the chief civil magistracy.
+Crawford was personally less objectionable to Clay; but he had suffered
+a paralytic stroke and his health was precarious. Besides, Crawford had
+opposed some of the policies which Clay had most at heart. For years
+Clay had been a bitter opponent of Adams; yet after all was said, he was
+bound to admit that his interests would be best served by an alliance
+with this stiff-necked New Englander. At an early date, therefore, he
+determined to throw his support to Adams.</p>
+
+<p>For weeks the capital was enveloped in an atmosphere of intrigue. Clay
+was courted by all factions. The possibility of securing his support was
+a standing temptation to wire-pullers. Even Adams wrote in his diary,
+"<i>Incedo super ignes</i>" (I walk over fires). When Clay announced
+positively, on January 24, that he and his friends would support Adams,
+a storm of passionate denunciation broke upon him. An anonymous letter
+appeared in a Philadelphia newspaper, charging that friends of Adams had
+offered Clay the Secretaryship of State in return for his support, and
+that friends of Clay had reported the offer<span class='pagenum'><a name="Page_314" id="Page_314">[Pg 314]</a></span> to friends of Jackson, with
+the intimation that Clay would support the general on similar terms.
+When the friends of Jackson spurned these overtures, Clay sold out to
+Adams. With quite unnecessary heat Clay branded the author of this
+letter as "a base and infamous calumniator, a dastard, and a liar." His
+first instinct was to challenge the author whoever he might be; but when
+Representative George Kremer, an odd character who was chiefly
+conspicuous by reason of the leopard-skin coat which he wore avowed
+himself the writer of the offensive letter, Clay wisely concluded not to
+make himself ridiculous by an affair of honor with this Gil Blas. He
+demanded a congressional investigation instead.</p>
+
+<p>While this investigation of the alleged bargain between Adams and Clay
+was pending, the House proceeded to the election of a President. On the
+first ballot, Adams received the votes of thirteen States, while Jackson
+was the choice of seven States, and Crawford of four. New England, New
+York, Louisiana, Maryland, and the States of the Northwest, except
+Indiana, supported Adams. Combined with these were now Missouri and
+Kentucky, which had voted for Clay. Jackson received the votes of the
+Southwest, together with those of Pennsylvania, New Jersey, Indiana, and
+South Carolina. Crawford was supported by Georgia, North Carolina,
+Virginia, and Delaware. Two days later the President-elect announced
+that he had invited Henry Clay to be his Secretary of State. After some
+hesitation, Clay accepted the post.</p>
+
+
+<div class="figcenter" style="width: 550px;">
+<a name="il27" id="il27"></a>
+<a href="images/i27.jpg"><img src="images/i27-thumb.jpg" width="550" height="788"  alt="The Presidential Election of 1824" title="" /></a>
+</div>
+
+<p>The cry of corruption is a recurrent note in the<span class='pagenum'><a name="Page_315" id="Page_315">[Pg 315]</a></span> history of
+democracies. The American democracy is no exception. With most of the
+charges of corruption, the historian has little concern; but the bargain
+and corruption cry of 1825 has a historical significance. The falsity of
+the charge against Clay has been proved as nearly as a negative can be.
+Adams may not have been above the uncongenial task of soliciting votes,
+but he kept safely within the moral domain which his conscience marked
+out. The motive which governed his appointment of Clay as Secretary of
+State is stated frankly in a letter to Monroe, two days after the
+election by the House. He considered the appointment "due to his talents
+and services to the western section of the Union, whence he comes, and
+to the confidence in me manifested by their delegations." Upon one
+individual these considerations made no impression: Andrew Jackson left
+the capital with wrath in his soul. He felt that he had been defrauded
+by a corrupt bargain. From this time on his hand was against Clay,&mdash;that
+"Judas of the West," as he afterward called him,&mdash;who had conspired to
+"impair the pure principles of our republican institutions" and to
+"prostrate that fundamental maxim which maintains the supremacy of the
+people's will."</p>
+
+<p>Years after the events of 1824-25, the belief of Jackson that the will
+of the people had been defeated found classic expression in Thomas H.
+Benton's <i>Thirty Years' View of Congress</i>. What Benton termed "the Demos
+Krateo principle" was thoroughly in accord with the spirit of the new
+democracy, but it rested upon an entire misunderstanding<span class='pagenum'><a name="Page_316" id="Page_316">[Pg 316]</a></span> of the
+Constitution. A direct popular election of the President was never
+contemplated by the framers of the Constitution. It is impossible to
+find in either the letter or the spirit of the Constitution any
+justification for the view that the House of Representatives is bound to
+elect the candidate having the highest popular vote.</p>
+
+<p>What the will of the people really was in the presidential election of
+1824 is by no means clear. Even in those States where presidential
+electors were chosen by popular vote, Jackson received less than half of
+the popular vote; and in many of these States the actual vote fell far
+below the potential. In Massachusetts, where 66,000 votes had been cast
+for governor the year before, only 37,000 voters took the trouble to
+vote for President. In Pennsylvania, which boasted of a population of
+over a million, less than 48,000 voted in 1824. Moreover, the six States
+which chose the presidential electors through their legislatures,
+contained one fourth of the population of the country. One fact,
+however, stands out with unmistakable clearness,&mdash;and it did not escape
+politicians like Van Buren, of New York, who had their fingers on the
+pulse of the people,&mdash;this martial hero from out of the West had an
+unprecedented vote-getting capacity. It were well to observe the Western
+horizon more intently.</p>
+
+
+<p class="subhead2">BIBLIOGRAPHICAL NOTE</p>
+
+<div class="blockquot"><p>The best description of the political characteristics of American
+society in this period is given by Alexis de Tocqueville,
+<i>Democracy in America</i> (2 vols., trans., 1862). F. J. Turner has
+pointed out<span class='pagenum'><a name="Page_317" id="Page_317">[Pg 317]</a></span> the importance of the West in the development of the
+nation in several studies, notably: "The Significance of the
+Frontier in American History" (American Historical Association,
+<i>Report</i>, 1893); "The Problem of the West" (<i>Atlantic Monthly</i>,
+vol. 78); "Contributions of the West to American Democracy"
+(<i>Atlantic Monthly</i>, vol. 91). The political development of the
+South is set forth with great thoroughness by U. B. Phillips,
+<i>Georgia and State Rights</i> (American Historical Association,
+<i>Report</i>, 1901); W. A. Schaper, <i>Sectionalism and Representation
+in South Carolina</i> (<i>ibid.</i>, 1900); and C. H. Ambler,
+<i>Sectionalism in Virginia from 1776 to 1861</i> (1910). Important
+aspects of the tariff are discussed in Edward Stanwood's <i>American
+Tariff Controversies in the Nineteenth Century</i> (2 vols., 1903),
+and in C. W. Wright's <i>Wool-Growing and the Tariff</i> (1910).</p></div>
+
+
+
+<hr style="width: 65%;" />
+<p><span class='pagenum'><a name="Page_318" id="Page_318">[Pg 318]</a></span></p>
+<p class="subhead1"><a name="CHAPTER_XVIII" id="CHAPTER_XVIII"></a>CHAPTER XVIII</p>
+
+<p class="subhead2">POLITICS AND STATE RIGHTS</p>
+
+
+<p>The circumstances of his election made the position of President Adams
+one of very great difficulty. He alluded to his embarrassment in his
+first message to Congress. "Less possessed of your confidence in advance
+than any of my predecessors," said he, "I am deeply conscious of the
+prospect that I shall stand more and oftener in need of your
+indulgence." It is doubtful, however, if even he appreciated the
+momentum of the forces which were already combining to discredit his
+administration. In October, the legislature of Tennessee had again
+nominated Jackson for the Presidency, and he had accepted the nomination
+as a summons to wage war upon the forces of evil in high places. The
+campaign of 1828, indeed, had already begun: and it was to be a campaign
+of personal vindication as well as of popular rights.</p>
+
+<p>Under similar circumstances most men would have made sure of the loyalty
+of their constitutional advisers, at least, but Adams flattered himself
+that he could carry on a non-partisan administration. The results were
+disastrous, for at least two of the Cabinet were not above using the
+patronage of office to further the cause of Jackson. In his laudable
+desire not to allow the Government to become "a perpetual and
+unintermitting scramble for office,"<span class='pagenum'><a name="Page_319" id="Page_319">[Pg 319]</a></span> Adams refused to make removals in
+the civil service on partisan grounds, yet he retained in office
+underlings who labored incessantly in the cause of the opposition.</p>
+
+<p>Equally impolitic was the attitude of the President toward questions of
+public policy in his first message to Congress. Just when the opposition
+was in a fluid state and the winds of conflicting doctrines were
+ruffling the surface of national politics, Adams gave utterance to
+opinions on the functions of government which were bound to alienate
+many of his followers. Entertaining no doubts as to constitutional
+limitations upon the powers of the National Government, he advocated not
+only the construction of roads and canals, but the establishment of
+observatories and a national university. His program included
+governmental aid to the arts, mechanical and literary, and to the
+sciences, "ornamental and profound." He was prepared to give
+encouragement not only to manufacturing but to agriculture and to
+commerce. Many of these were objects which President Jefferson had
+recommended to the consideration of Congress in 1806; but whereas he had
+urged the adoption of amendments to the Constitution which would
+authorize Congress to provide for roads and canals and education, Adams
+seemed oblivious to the limitations of the Constitution. In much alarm
+Jefferson suggested to Madison the desirability of having Virginia adopt
+a new set of resolutions, bottomed on those of 1798, and directed
+against the acts for internal improvements. In March, 1826, the general
+assembly declared that all<span class='pagenum'><a name="Page_320" id="Page_320">[Pg 320]</a></span> the principles of the earlier resolutions
+applied "with full force against the powers assumed by Congress" in
+passing acts to protect manufactures and to further internal
+improvements. That the Administration would meet with opposition in
+Congress, whatever its program might be, was a foregone conclusion. The
+only question was whether the diverse and mutually hostile factions
+which had followed the fortunes of Crawford, Calhoun, and Jackson could
+coalesce into a consistent opposition. The first test occurred when the
+Administration proposed the Panama mission.</p>
+
+<p>The overthrow of the authority of Spain in South America had left the
+way clear for the long-projected union of the republics. Early in the
+year 1825, the ministers of Mexico, Guatemala, and Colombia waited on
+Clay to learn whether the United States would accept an invitation to a
+great council or congress which had been called by the revolutionist
+Bol&iacute;var, now President of Colombia. The project appealed strongly to
+Clay. A league of young republics in the New World to offset the Holy
+Alliance in Europe was, as his biographer remarks, "one of those large,
+generous conceptions well calculated to fascinate his ardent mind." The
+imagination of the President was not so easily touched: he instructed
+Clay to inquire more particularly into the purposes of the congress.</p>
+
+<p>The condition of affairs in the countries bordering on the Caribbean
+Sea&mdash;the American Mediterranean&mdash;was such, indeed, as to justify extreme
+caution in dealing with the Latin-American republics.<span class='pagenum'><a name="Page_321" id="Page_321">[Pg 321]</a></span> It was matter of
+common knowledge that Colombia and Mexico had designs upon Cuba, the
+last of the Spanish outposts in the New World. So long as Spain
+continued at war with her old colonies, the United States was bound to
+be uneasy about the fate of Cuba and Porto Rico. Even if the islands
+were liberated by the republican armies of Central and South America,
+they were likely to fall a prey to some European power. The appearance
+of a French fleet off the coast of Cuba during the summer of 1825 gave
+point to these not unwarranted apprehensions. It was rumored that Cuba
+was to be made the basis for an expedition against Mexico in behalf of
+Spain. This episode prompted Clay to make strong representations to
+France that the United States could not consent to the occupation of
+Cuba by any other European power.</p>
+
+<p>When, then, a formal invitation came to participate in the Panama
+Congress, the Administration determined to seize the occasion to
+exercise a wholesome restraint by friendly advice upon the assembled
+delegates of the republics, and at the same time to ascertain their
+purposes. In asking the Senate to confirm the nomination of two
+delegates, however, the President voiced his own expectation of what the
+Congress would be and do, rather than the purposes of Bol&iacute;var and his
+associates. The occasion would be favorable, the President intimated,
+for the discussion of commercial reciprocity, of neutral rights, and of
+principles of religious liberty. An alliance with the Latin-American
+republics was not contemplated. On the contrary, the delegates from<span class='pagenum'><a name="Page_322" id="Page_322">[Pg 322]</a></span> the
+United States would urge "an agreement between all of the parties
+represented at the meeting, that each will guard by its own means
+against the establishment of any future European colony within its
+borders." At this stage in its evolution the Monroe Doctrine was not
+understood to include any obligation on the part of the United States to
+police the territories of the lesser republics of the New World.</p>
+
+<p>The instructions given to the envoys leave no doubt as to the intentions
+of the Administration. Every possible endeavor was to be made to
+dissuade Colombia and Mexico from their designs upon Cuba and Porto
+Rico. The recognition of Hayti as an independent state was to be
+deprecated. In short, the <i>status quo</i> in the Caribbean Sea was to be
+maintained; and throughout, the congress was to be regarded as a
+diplomatic conference and in no wise as a convention to constitute a
+permanent league of republics.</p>
+
+<p>Nevertheless, the opposition in Congress persisted in misrepresenting
+the President's purposes. It was pointed out that the republics to the
+south very generally believed that the United States was pledged by
+Monroe's message to make common cause with them when their independence
+was threatened. "Are we prepared," asked Hayne, of South Carolina, "to
+send ministers to the Congress of Panama for the purpose of making
+effectual this pledge of President Monroe as construed by the present
+administration and understood by the Spanish-American states?" With
+greater sincerity Southern Representatives protested against
+participating<span class='pagenum'><a name="Page_323" id="Page_323">[Pg 323]</a></span> in a congress which proposed to discuss the suppression
+of the slave trade and the future of Hayti. "Slavery in all its
+bearings," said Hayne, "is a question of extreme delicacy, concerning
+which there is but one safe rule either for the States in which it
+exists or for the Union. It must ever be treated as a domestic question.
+To foreign governments the language of the United States must be that
+the question of slavery concerns the peace and safety of our political
+family, and that we cannot allow it to be discussed." Least of all, he
+continued, could the United States touch the question of the
+independence of Hayti in connection with revolutionary governments which
+had marched to victory under the banner of universal emancipation and
+which had permitted men of color to command their armies and enter their
+legislative halls.</p>
+
+<p>In the end the Administration had its way and the nominations were
+confirmed; but the delay was most unfortunate. On their way to the
+Isthmus, one of the delegates died, and the other arrived too late to
+take part in the congress. From the viewpoint of domestic politics, the
+controversy over the mission was only an incident in the evolution of a
+party within the bosom of the Democratic party. The animus of the
+opposition is revealed in the often-quoted remark of Martin Van Buren,
+who was trying to drill the varied elements in the Senate into a
+coherent organization: "Yes, they have beaten us by a few votes, after a
+hard battle; but if they had only taken the other side and refused the
+mission, we should have had them."<span class='pagenum'><a name="Page_324" id="Page_324">[Pg 324]</a></span></p>
+
+<p>Of far more serious import than this factional opposition in Congress
+was the resistance which the authorities of Georgia offered to the
+National Administration in the matter of Indian lands. On March 5, 1825,
+the Senate ratified the Treaty of Indian Springs with the Creek Indians,
+which provided for the cession of practically all the lands of the tribe
+between the Flint and Chattahoochee Rivers. For years the planters of
+Georgia had coveted these fertile tracts, awaiting with impatience the
+negotiations of the Federal Government with the reluctant Indians.
+Although the title to the lands was not to pass to Georgia until
+September 1, 1826, Governor Troup ordered them to be surveyed with a
+view to their immediate occupation. Meantime, well-founded charges were
+current that the treaty had been made by a faction among the Creeks,
+without the consent of the responsible chiefs. President Adams at once
+ordered the state authorities to desist from their survey; but the
+governor replied that Georgia was convinced of the validity of the
+treaty and fully determined to enter into possession of her own. The
+tone of the governor's letter was ominous. Nevertheless, the President
+instituted negotiations for a new treaty. The diplomatic shifts resorted
+to by the Indian agents in this instance were not above suspicion, but
+the President seemed to entertain no misgivings, for he assured the
+Senate that the new Treaty of Washington (January 24, 1826) was the will
+and deed of "the chiefs of the whole Creek Nation." The grant left the
+Indians still in possession of some lands west of the Chattahoochee.<span class='pagenum'><a name="Page_325" id="Page_325">[Pg 325]</a></span></p>
+
+<p>The feelings of all loyal Georgians were outraged by the course of the
+Administration. The legislature protested against the Treaty of
+Washington as "illegal and unconstitutional," and denounced the
+President's action as "an instance of dictation and federal supremacy
+unwarranted by any grant of powers to the General Government." "Georgia
+owns exclusively the soil and jurisdiction of all the territory within
+her present chartered and conventional limits," read the resolutions of
+December 22, 1826. "She has never relinquished said right, either
+territorial or jurisdictional, to the General Government."</p>
+
+<p>The ebullient governor hardly needed the indorsement of the legislature.
+He pushed on the surveys to the limits set by the original treaty. But
+the surveyors soon met with resistance from the Indians; and the Indians
+appealed to the President. The Secretary of War then notified Troup that
+the President felt himself compelled to employ all the means under his
+control to maintain the faith of the nation and to carry the treaty into
+effect. Governor Troup replied defiantly that the "military character of
+the menace" was well understood. "You will distinctly understand,
+therefore, that I feel it my duty to resist to the utmost any military
+attack.... From the first decisive act of hostility, you will be
+considered and treated as a public enemy, and with less repugnance
+because you, to whom we might constitutionally have appealed for our
+defense against invasion, are yourselves the invaders, and, what is
+more, the unblushing allies of the savages whose course you<span class='pagenum'><a name="Page_326" id="Page_326">[Pg 326]</a></span> have
+adopted." He at once issued orders to the state military officers to
+hold the militia in readiness to repel any invasion of the soil of
+Georgia.</p>
+
+<p>The tension which had now become acute was relieved by the intelligence
+that the President had ordered the Indian agent to the Creeks to resume
+negotiations for the cession of the rest of their lands. The governor
+hastened to point out jubilantly that the President had beaten a
+retreat. Meantime, the President had laid the whole matter before
+Congress in a special message. A committee of the House advised the
+purchase of the rest of the Indian lands, but in the mean time the
+maintenance of the terms of the Treaty of Washington. A committee of the
+Senate, however, with Benton as chairman, took an opposite view of the
+situation, and deprecated any action looking toward the coercion of a
+sister State. A treaty concluded with the Creeks in November, 1827,
+fortunately satisfied all parties and put an end to this exciting
+controversy&mdash;a controversy in which the President had played a lone and
+not very successful hand.</p>
+
+<p>In this same year (1827), another Indian problem of even greater
+perplexity arose. The Cherokees of northwestern Georgia, who were ruled
+by a group of intelligent half-breeds, declared themselves one of the
+sovereign and independent nations of the earth, and drafted a
+constitution which completely excluded the authority of the State of
+Georgia. Again, in no uncertain language, Georgia asserted her title to
+all the lands within her limits, regarding the Indians simply as
+"tenants at her will"; but before the controversy<span class='pagenum'><a name="Page_327" id="Page_327">[Pg 327]</a></span> reached an acute
+stage Adams had surrendered the Presidency to General Andrew Jackson,
+who had only contempt for Indian rights when they fell athwart the
+purposes of honest white settlers.</p>
+
+<p>In the midst of these protestations against federal intervention, the
+legislature of Georgia sounded a note of defiance also in the matter of
+the tariff. It was "their decided opinion an increase of Tariff duties
+will and ought to be RESISTED by all legal and constitutional means."
+Just what should be "the mode of opposition" they would not pretend to
+say, but for the present they would content themselves with "the
+peaceable course of remonstrating with Congress." This rather ominous
+protest was inspired by the demands of certain manufacturers and
+politicians who had assembled in convention at Harrisburg, Pennsylvania,
+in the summer of 1827.</p>
+
+<p>The woolen industry had profited least of all those which had been
+protected by the Tariff of 1824. Not only had the slight advance in
+rates been offset by the increase of the duty on raw wool, but the
+effect of English competition in 1825 had been most depressing to the
+woolen trade. A tariff bill to meet the wishes of the wool-growers and
+woolen manufacturers had passed the House early in 1827, but had been
+defeated in the Senate by the casting vote of the Vice-President. The
+convention at Harrisburg was designed to create a public sentiment in
+favor of the protected interests and to bring pressure from various
+sources to bear upon Congress. The failure of the tariff bill in the
+spring session had impressed upon woolen manufacturers the necessity of
+securing allies.<span class='pagenum'><a name="Page_328" id="Page_328">[Pg 328]</a></span></p>
+
+<p>The recommendations of the convention at Harrisburg were comprehensive.
+Higher duties all along the line, from wool to glass, were urged. But
+that which the promoters of the convention had most at heart was the
+extension to woolens of the minimum principle already applied to cotton
+fabrics. According to their demands, the <i>ad valorem</i> duty on woolens
+should range from forty to fifty per cent, assessed on minimum
+valuations of fifty cents, two dollars and a half, four dollars, and six
+dollars a yard. That is to say, goods valued at less than fifty cents a
+yard were to be treated as though they had a value of fifty cents; and
+all between fifty cents and two dollars and a half, as though they were
+worth two dollars and a half; and so on&mdash;a system which offered a high
+degree of protection to the cheaper fabrics in each group.</p>
+
+
+<div class="figcenter" style="width: 550px;">
+<a name="il28" id="il28"></a>
+<a href="images/i28.jpg"><img src="images/i28-thumb.jpg" width="550" height="800"  alt="House Vote on Tariff Bill, April 22, 1828" title="" /></a>
+</div>
+
+<p>The high hopes of the protectionists were only partially realized. In
+the following session of Congress, economic interests became badly
+tangled with political. The President and the greater part of his
+supporters were protectionists. Indeed, it was openly charged by the
+opposition that the Harrisburg Convention was a device of the Adams men
+to promote his re&euml;lection. The opposition, on the other hand, was far
+from united on the tariff question. The only affinity between Southern
+planters and their Northern allies in the Middle and Western States was
+hostility to the Administration. According to Calhoun, who in after
+years made a frank avowal of his part in the intrigue, the opposition
+determined to frame a tariff bill with a general high level of
+duties<span class='pagenum'><a name="Page_329" id="Page_329">[Pg 329]</a></span> to satisfy the Middle and Western States, but to increase
+the duties on raw material which New England manufacturers needed. All
+the stanch Jackson men were to unite in forcing this bill to a passage
+without amendment. At the last moment, however, the Southern group were
+to part company with their allies and to vote against the bill. The
+Representatives from New England, and the supporters of the
+Administration generally, would of course vote against the bill also,
+and so compass its defeat. The odium would then fall upon the Adams men,
+while the Jackson men could pose as the only whole-hearted advocates of
+protection; and, finally, not the least factor in Calhoun's
+calculations, the South would escape the toils of high protection. There
+was only one hitch in this cleverly planned game. To the consternation
+of the plotters, enough New England Representatives swallowed the bitter
+dose to enact the bill.</p>
+
+<p>The "tariff of abominations" deserves all the abuse which has been
+heaped upon it. Shapen in political iniquity, it bore upon its face the
+marks of its origin. High duties for which no one had asked were imposed
+on certain raw material like pig and bar iron, and hemp, the better
+quality of which was always in demand and never produced in the United
+States. Items like the increased duty on molasses and the heavy duty on
+sail-duck were added to make the bill distasteful to New England. But
+the woolen industry suffered the most grievous disappointment. Instead
+of the minimum principle advocated by the Harrisburg Convention, the Act
+of 1828 established<span class='pagenum'><a name="Page_330" id="Page_330">[Pg 330]</a></span> a minimum of one dollar between the minimal points
+of fifty cents and two dollars and a half. Whereas the proposed rate
+would have fixed a prohibitory duty on woolens costing about a dollar a
+yard, the act allowed only a duty of forty-five per cent. "The dollar
+minimum," as one of the aggrieved manufacturers put it, "was planted in
+the very midst of the woolen trade."</p>
+
+<p>Again the Middle States and the States of the Ohio Valley united in
+support of the protective principle. New England was divided against
+itself. Political considerations weighed heavily with those New
+Englanders who like Webster voted for the bill. John Randolph hardly
+exaggerated when he declared that "the bill referred to manufactures of
+no sort or kind, except the manufacture of a President of the United
+States."</p>
+
+
+<p class="subhead2">BIBLIOGRAPHICAL NOTE</p>
+
+<div class="blockquot"><p>To the bibliography at the close of the preceding chapter only a few
+titles need be added. The foreign policy of the Adams Administration
+is well described in F. E. Chadwick's <i>The Relations of the United
+States and Spain</i> (1909). The stages in the Indian controversy may
+be traced in U. B. Phillips's <i>Georgia and State Rights</i> (American
+Historical Association, <i>Report</i>, 1901), and in E. J. Hardin's <i>Life
+of George M. Troup</i> (1859). E. M. Shepard, <i>Martin Van Buren</i>
+(1888), and T. D. Jervey, <i>Robert Y. Hayne and His Times</i> (1909),
+are important biographies. Josiah Quincy's <i>Figures of the Past</i>
+(1883) contains some interesting sketches of Washington society,
+while N. Sargent's <i>Public Men and Events</i> (2 vols., 1875) supplies
+an abundance of political gossip.</p></div>
+
+
+
+<hr style="width: 65%;" />
+<p><span class='pagenum'><a name="Page_331" id="Page_331">[Pg 331]</a></span></p>
+<p class="subhead1"><a name="CHAPTER_XIX" id="CHAPTER_XIX"></a>CHAPTER XIX</p>
+
+<p class="subhead2">THE RISE OF NATIONAL SOVEREIGNTY</p>
+
+
+<p>Shortly after the Federal Convention of 1787, a friend remarked to
+Gouverneur Morris, "You have made a good constitution." "That," replied
+Morris laconically, "depends on how it is construed!" From Washington to
+Jackson the process of construing the Constitution had gone on,
+intermittently by the executive and legislative, steadily by the
+judiciary. "The judiciary of the United States," wrote Jefferson in
+1820, "is the subtle corps of sappers and miners constantly working
+underground to undermine the foundations of our confederate fabric. They
+are constantly construing our constitution from a co&ouml;rdination of a
+general and a special government, to a general and supreme one alone.
+They will lay all things at their feet, and they are too well versed in
+the English law to forget the maxim, '<i>boni judicis est ampliare
+jurisdictionem</i>.'"</p>
+
+<p>Yet as late as 1800 the federal judiciary had pronounced none of those
+decisions which were to make it so powerful a factor in the assertion
+and maintenance of national sovereignty. In declining an appointment as
+Chief Justice, John Jay wrote to President Adams that he had "left the
+bench perfectly convinced that under a system so defective, it would not
+obtain the energy, weight, and dignity, which were essential to its
+affording due support to the<span class='pagenum'><a name="Page_332" id="Page_332">[Pg 332]</a></span> National Government; nor acquire the
+public confidence and respect which, as the last resort of the justice
+of the Nation, it should possess."</p>
+
+<p>The uncertainty of the law was in large part responsible for this lack
+of prestige. "Too great inattention," complained a Boston lawyer, in the
+<i>Columbian Centinel</i> in 1801, "has hitherto prevailed as to the
+preservation of the decisions of our courts of law. We have neither
+authorized nor voluntary reporters. Hence we are compelled to the loose
+and interested recollections of counsel, or to depend wholly on British
+decisions." The first systematic attempt to secure records of opinions
+was made by Connecticut in 1785. Four years later, Ephraim Kirby, a
+printer in Litchfield, issued "the first regular printed law reports in
+America." This example was followed in other States; and in 1798 the
+first volume of United States Supreme Court Reports was published by
+Dallas.</p>
+
+<p>The great period in the history of the Supreme Court coincides with the
+thirty-four years during which John Marshall held the office of Chief
+Justice. President John Adams rendered no more lasting service to the
+Federalist cause than when he appointed this great Virginian to the
+bench, for Marshall, if not a Federalist of the strictest sect, was a
+thoroughgoing nationalist. Down to his appointment only six decisions
+involving constitutional questions of any moment had been handed down;
+between 1801 and 1835, sixty-two were rendered, of which Marshall wrote
+thirty-six. The decisions of the court during "the reign of Marshall"
+fill thirty volumes of the Reports.<span class='pagenum'><a name="Page_333" id="Page_333">[Pg 333]</a></span> Seven hundred and fifty-three cases
+were taken on appeal to the Supreme Court from the lower federal courts,
+and in nearly one half of these cases the decisions were reversed.</p>
+
+<p>An American constitutional law did not exist when Marshall took office.
+Few precedents were available. In some of his important cases Marshall
+did not cite a single judicial decision. He reached his conclusions by
+the light of reason. "There, Story," he would say to his associate, "is
+the law. Now you must find the authorities." In a peculiar sense it is
+true to say that Marshall both laid the foundations of constitutional
+law and reared the superstructure, as one of his biographers remarks.
+But Marshall was ably supported by his colleagues; and he owed much, as
+he freely admitted, to the arguments of a remarkable body of lawyers of
+the federal bar. Wirt, Pinkney, and Webster were as truly creators of
+American constitutional law as the learned justices.</p>
+
+<p>The constitutional importance of the decision of the Supreme Court in
+<i>Marbury</i> v. <i>Madison</i> has already been pointed out. In the development
+of the idea of national sovereignty, the significance of the decision
+lies in the emphatic assertion that the Supreme Court is the tribunal of
+last resort in cases involving the constitutionality of acts of
+Congress.</p>
+
+<p>The first open resistance of a State to federal authority, as asserted
+by the Supreme Court, occurred in 1809, when the legislature of
+Pennsylvania interposed its authority to prevent the payment of prize
+money which had been awarded by a federal<span class='pagenum'><a name="Page_334" id="Page_334">[Pg 334]</a></span> district court to Gideon
+Olmstead and others for their capture of the sloop Active during the
+Revolution. All efforts to secure a peaceful settlement of this
+controversy having failed, the Attorney-General, in behalf of Olmstead,
+applied to the Supreme Court for a writ of <i>mandamus</i>, directing Judge
+Peters of the district court to enforce his judgment. In granting the
+writ, Chief Justice Marshall pointed out the gravity of the issue. "If
+the legislatures of the several States," said he, "may at will annul the
+judgment of the courts of the United States, and destroy the rights
+acquired under those judgments, the Constitution becomes a solemn
+mockery, and the nation is deprived of the means of enforcing its laws
+by the instrumentality of its own tribunals." Such a conclusion he
+emphatically repudiated. Reviewing the history of the case with all its
+details, he reached the uncompromising conclusion that "the State of
+Pennsylvania can possess no constitutional right to resist the legal
+process which may be directed in this cause.... A peremptory <i>mandamus</i>
+must be awarded."</p>
+
+<p>Judge Peters issued the writ, but all efforts of the marshal to serve
+the writ were thwarted by the state militia. The marshal then summoned a
+<i>posse comitatus</i> of two thousand men. Bloodshed seemed imminent; but
+after an ineffectual appeal to the President, the Pennsylvania
+authorities gave way and paid over the money. Subsequently the officer
+commanding the militia and others were indicted, tried, convicted, and
+sentenced to fine and imprisonment, for resisting the writ of a federal
+court; but they were pardoned<span class='pagenum'><a name="Page_335" id="Page_335">[Pg 335]</a></span> by the President because "they had acted
+under a mistaken sense of duty."</p>
+
+<p>In this conflict of authority the National Government won at every
+point. Even the resolution which the legislature adopted in the heat of
+the controversy, calling for an amendment to the Constitution which
+should establish "an impartial tribunal to determine disputes between
+the General and State Governments," met with no approval from other
+States. Virginia, soon to be of a very different mind, responded that "a
+tribunal is already provided ... to wit: the Supreme Court, more
+eminently qualified from their habits and duties, from the mode of their
+selection, and from the tenure of their offices, to decide the disputes
+aforesaid in an enlightened and impartial manner, than any other
+tribunal which could be erected."</p>
+
+<p>In two notable cases, the Supreme Court affirmed the constitutionality
+of the Judiciary Act of 1789 and asserted its authority to review and
+reverse decisions of the state courts when those decisions were adverse
+to alleged federal rights. The opinion in the first case, that of
+<i>Martin</i> v. <i>Hunter's Lessee</i>, in 1816, was written by Joseph Story, of
+Massachusetts, who had been appointed to a vacancy on the bench by
+President Madison. Story was reputed to be a Republican, but he
+disappointed all expectations by becoming a stanch supporter of
+nationalist doctrines and only second to Marshall in his influence upon
+the development of American constitutional law.</p>
+
+<p>The case of <i>Martin</i> v. <i>Hunter's Lessee</i> grew out of the old Fairfax
+claims which Marshall had represented<span class='pagenum'><a name="Page_336" id="Page_336">[Pg 336]</a></span> as counsel before his appointment
+to the bench. In 1815, the Supreme Court had reversed the decision of
+the Court of Appeals of Virginia, and ordered the state court to execute
+the judgment rendered in the lower state court. The judges of the Court
+of Appeals, headed by Judge Spencer Roane, a bitter opponent of
+Marshall, formally announced that they would not obey the <i>mandamus</i>,
+holding that the twenty-fifth section of the Judiciary Act of 1789&mdash;that
+extending the appellate jurisdiction of the Supreme Court over state
+tribunals&mdash;was unconstitutional. The state-rights elements in Virginia
+quickly rallied to the support of the judges, and the Supreme Court
+found itself face to face with an incensed public opinion in the Old
+Dominion. In no wise daunted by this opposition, the Supreme Court
+reviewed its position in 1816 and again ordered the execution of its
+judgment.</p>
+
+<p>Five years later, Chief Justice Marshall rendered a similar decision in
+the case of <i>Cohens</i> v. <i>Virginia</i>. The counsel for the Commonwealth had
+argued that the appellate jurisdiction conferred by the Constitution on
+the Supreme Court was merely authority to revise the decisions of the
+inferior courts of the United States. "Congress," it was contended, "is
+not authorized to make the supreme court or any other court of a State
+an inferior court.... The inferior courts spoken of in the Constitution
+are manifestly to be held by federal judges." "It is the case, not the
+court, that gives jurisdiction," replied Marshall. "The courts of the
+United States can, without question, revise the proceedings of the
+executive<span class='pagenum'><a name="Page_337" id="Page_337">[Pg 337]</a></span> and legislative authorities of the States, and if they are
+found to be contrary to the Constitution may declare them to be of no
+legal validity. Surely the exercise of the same right over judicial
+tribunals is not a higher or more dangerous act of sovereign power."</p>
+
+<p>It was in the course of this decision that Marshall asserted in
+unmistakable language the sovereignty of the National Government. "The
+people made the Constitution and the people can unmake it.... But this
+supreme and irresistible power to make or to unmake resides only in the
+whole body of the people; not in any subdivision of them. The attempts
+of any of the parts to exercise it is usurpation, and ought to be
+repelled by those to whom the people have delegated the power of
+repelling it.... The framers of the Constitution were indeed unable to
+make any provisions which should protect that instrument against a
+general combination of the States, or of the people for its destruction;
+and conscious of this inability, they have not made the attempt. But
+they were able to provide against the operation of measures adopted in
+any one State, whose tendency might be to arrest the execution of the
+laws; and this it was the part of wisdom to attempt. We think they have
+attempted it."</p>
+
+<p>Between these notable Virginia cases was decided, in 1819, the case of
+<i>M'Culloch</i> v. <i>Maryland</i>, in which the Chief Justice sustained the
+constitutionality of the act establishing the National Bank, and
+declared a state law imposing a tax on a branch of the Bank
+unconstitutional and void. In the course<span class='pagenum'><a name="Page_338" id="Page_338">[Pg 338]</a></span> of his opinion, which followed
+much the same line of reasoning that Alexander Hamilton had employed,
+Marshall stated in classic phraseology the doctrine of liberal
+construction. Holding that the Constitution was not a code of law, but a
+document marking out in large characters the powers of government, he
+sought, among the enumerated powers, not the lesser, but the great
+substantive, powers necessary to the purposes of the Union. These
+substantive powers, however, carry with them many incidental (Hamilton
+said <i>resulting</i>) powers, among which a choice may freely be made to
+achieve the desired and legitimate end. "Let the end be legitimate,"
+said Marshall, "let it be within the scope of the Constitution, and all
+means which are appropriate, which are plainly adapted to that end,
+which are not prohibited, but consist with the letter and spirit of the
+Constitution, are constitutional." In an earlier decision (<i>United
+States</i> v. <i>Fisher</i>, 1804), indeed, Marshall had refused to concede the
+force of the argument that the Federal Government was clothed only with
+the powers indispensably necessary to exercise powers expressly granted
+to it. "Congress must possess the choice of means which are in fact
+conducive to the exercise of a power granted by the Constitution."</p>
+
+<p>The cumulative effect of these decisions was to provoke a violent
+reaction in Virginia. Under the pen-name "Algernon Sidney," Judge Roane
+renewed his attacks upon the Chief Justice in violent and at times
+offensive language. "The judgment before us," he declared, referring to
+the case of<span class='pagenum'><a name="Page_339" id="Page_339">[Pg 339]</a></span> <i>Cohens</i> v. <i>Virginia</i>, "will not be less disastrous in its
+consequences, than any of these memorable judgments [of the time of
+Charles I]. It completely negatives the idea, that the American States
+have a real existence, or are to be considered, in any sense, as
+sovereign and independent States." It seemed to Jefferson that the
+powerful arguments of Roane completely "pulverized" every word which had
+been uttered by John Marshall. John Taylor of Caroline, however, was the
+philosophical exponent of this reactionary movement. In his
+<i>Construction Construed</i> (1820), <i>Tyranny Unmasked</i> (1822), and <i>New
+Views of the Constitution</i> (1823), he pointed out the manifest tendency
+of the decisions of the Supreme Court and suggested the "state veto" as
+the remedy against usurpation of power by the Supreme Court or by
+Congress. The legislature of Virginia indorsed an amendment to the
+Constitution drafted by Judge Roane which would have limited the
+jurisdiction of the federal courts, where the rights of the States were
+concerned, and which would have forbidden appeals from the courts of a
+State to any court of the United States. Beyond such remonstrances and
+protests, however, public opinion in Virginia was not prepared to go at
+this time.</p>
+
+<p>The judges of the Supreme Court could not remain indifferent to these
+assaults. "If, indeed, the Judiciary is to be destroyed," wrote Story,
+"I should be glad to have the decisive blow now struck, while I am
+young, and can return to my profession and earn an honest livelihood."
+But he added, "For the Judges of the Supreme Court there is but one<span class='pagenum'><a name="Page_340" id="Page_340">[Pg 340]</a></span>
+course to pursue. That is, to do their duty firmly and honestly,
+according to their best judgments."</p>
+
+<p>It was in this spirit that the court rendered judgment in the case of
+<i>Green</i> v. <i>Biddle</i> (1823), which gave deep offense to the people of
+Kentucky by setting aside as unconstitutional the so-called "Occupying
+Claimant Laws." The remonstrance of the legislature was all the more
+bitter because the decision had been rendered by a bench of only four
+judges, one of whom dissented from the majority opinion. The resolutions
+of the legislature demanded a reorganization of the court in such wise
+that the concurrence of at least two thirds of the judges should be
+necessary in an opinion affecting the validity of state laws. And when
+Congress made no response, the lower House called upon the governor to
+express his opinion "whether it may be advisable to call forth the
+physical power of the State to resist the execution of the decisions of
+the court, or in what manner the mandates of said court should be met by
+disobedience." But Kentucky like Virginia kept well within the legal
+limits of petition and remonstrance.</p>
+
+<p>In Ohio, also, there was an ominous spirit of resistance to the force of
+precedent. Notwithstanding the decision of the court in the case of
+<i>M'Culloch</i> v. <i>Maryland</i>, the general assembly of that State not only
+enacted a law to tax the local branch of the National Bank, but actually
+seized the amount of the tax. Suit was thereupon brought against the
+state auditor; and in spite of the vigorous remonstrance of the
+legislature, the Supreme Court again<span class='pagenum'><a name="Page_341" id="Page_341">[Pg 341]</a></span> sustained the constitutionality of
+the Bank and declared the state tax unconstitutional. The State was
+ultimately obliged to make restitution of the funds of the Bank.</p>
+
+<div class="figcenter" style="width: 550px;">
+<a name="il29" id="il29"></a>
+<img src="images/i29.jpg" width="550" height="531" alt="Canals in the United States about 1825" title="" />
+</div>
+
+<p>Meantime, the national judiciary had contributed to the expansion of the
+Constitution in notable ways; sometimes by affirming the
+constitutionality of powers exercised by the President or Congress, and
+at other times by narrowing the limits of state authority. In the case
+of the <i>American Insurance Company</i> v. <i>Canter</i>, twenty-five years after
+the acquisition of Louisiana, Marshall affirmed the constitutionality<span class='pagenum'><a name="Page_342" id="Page_342">[Pg 342]</a></span>
+of the treaty which had so aroused Jefferson's misgivings. "The
+Constitution," said the Chief Justice, "confers absolutely on the
+Government of the Union the powers of making war and of making treaties;
+consequently, that Government possesses the power of acquiring
+territory, either by conquest or by treaty."</p>
+
+<p>In two instances, on the other hand, the Supreme Court gave an
+interpretation of the "obligation of contracts" clause of the
+Constitution which seriously limited the powers of the States. In the
+case of <i>Fletcher</i> v. <i>Peck</i> (1810), the court declared unconstitutional
+an act of the legislature of Georgia which attempted to revoke the
+notorious Yazoo land grants of 1795. A grant was held to be a contract
+within the meaning of the Constitution; and the court found no adequate
+ground for exempting such contracts from the prohibition of the
+Constitution.</p>
+
+<p>Far-reaching in its implication, also, was the second instance, when the
+Supreme Court held unconstitutional and void the acts of the New
+Hampshire legislature which amended the charter granted by the Crown to
+Dartmouth College in 1769. Arguing as counsel for the college, of which
+he was an honored graduate, Daniel Webster held that the charter of a
+private corporation was a contract which might not be impaired by an act
+of a state legislature. Chief Justice Marshall only restated and
+amplified Webster's argument, when he rendered the opinion of the court
+and declared that New Hampshire might not by law impair the charter of
+Dartmouth College. To the argument of the counsel for the Commonwealth,<span class='pagenum'><a name="Page_343" id="Page_343">[Pg 343]</a></span>
+contending that the framers of the Constitution never contemplated such
+a broad use of the word "contract," Marshall replied that it was not
+enough to say this particular use of the word was not in the mind of the
+Convention when the article was adopted. "It is necessary to go farther,
+and to say that, had this particular case been suggested, the language
+would have been so varied as to exclude it, or it would have been made a
+special exception."</p>
+
+<p>The immense significance of this decision was not immediately apparent.
+The peculiar immunity which it gave to private property could not be
+appreciated until the rise of corporations with concentrated capital.
+Not even the Chief Justice foresaw that the guaranty of inviolability
+which he had thrown about a private educational corporation would be
+demanded with equal right by the great business corporations of the
+succeeding era.</p>
+
+<div class="figcenter" style="width: 650px;">
+<a name="il30" id="il30"></a>
+<img src="images/i30.jpg" width="650" height="517" alt="Highways of the United States about 1825" title="" />
+</div>
+
+<p>In the famous case of <i>Gibbons</i> v. <i>Ogden</i> (1824), the Supreme Court
+gave an interpretation of the commerce clause of the Constitution which
+also had a profound effect upon subsequent history. In the course of its
+decision the court declared unconstitutional a law of the State of New
+York which had granted an exclusive right to operate steamboats in the
+waters of New York. The regulation of commerce, the court held, had been
+given exclusively to Congress, and "commerce" as used in the
+Constitution comprehended not merely traffic and intercourse but also
+navigation. The power to regulate was regarded as a unit. In regulating
+commerce with foreign nations, the power of Congress does not stop at<span class='pagenum'><a name="Page_344" id="Page_344">[Pg 344]</a></span>
+the jurisdictional lines of the several States. "If a foreign voyage may
+commence or terminate at a port within a State, then the power of
+Congress may be exercised within a State." Similarly, the court reasoned
+that commerce "among the States" cannot stop at the external boundary of
+each State. "Commerce among the States must of necessity be commerce
+with the States." In short, while expressly disclaiming that Congress
+had the power to regulate the internal commerce of a State, the court
+asserted the complete control of Congress over inter-state commerce so
+far as navigation was concerned. The deeper significance of this
+interpretation of the commerce clause appeared only when railroads began
+to span the continent and the jurisdictional lines of<span class='pagenum'><a name="Page_345" id="Page_345">[Pg 345]</a></span> States were
+crossed and re-crossed by an ever-increasing volume of trade.</p>
+
+<p>Twenty-five years had wrought a vast change in the position of the
+national judiciary in the American constitutional system. "It is now
+seen on every hand," wrote Attorney-General Wirt, urging the appointment
+of Chancellor Kent to a vacancy on the Supreme Court bench, "that the
+functions to be performed by the Supreme Court of the United States are
+among the most difficult and perilous which are to be performed under
+the Constitution. They demand the loftiest range of talents and learning
+and a soul of Roman purity and firmness. The questions which come before
+them frequently involve the fate of the Constitution, the happiness of
+the whole Nation, and even its peace as it concerns other nations." In
+the light of the decisions reviewed, the nationalizing tendency of the
+federal judiciary is unmistakable. But a constitutional reaction had set
+in; and even while John Marshall was setting forth the doctrine of
+national sovereignty in its most uncompromising form, John C. Calhoun in
+the quiet of his estate in South Carolina was elaborating a defense of
+state rights on premises which the great Chief Justice had combated for
+a quarter of a century.</p>
+
+
+<p class="subhead2">BIBLIOGRAPHICAL NOTE</p>
+
+<div class="blockquot"><p>An adequate history of the Supreme Court has yet to be written. H.
+L. Carson, <i>The History of the Supreme Court of the United States,
+with biographies of all the chief and associate justices</i> (2 vols.,
+1902-04), and H. Flanders, <i>The Lives and Times of the
+Chief-Justices of the Supreme Court</i> (2 vols., 1855-58), are
+serviceable works.<span class='pagenum'><a name="Page_346" id="Page_346">[Pg 346]</a></span> The best selection of cases on constitutional
+law is that by J. B. Thayer, <i>Cases in Constitutional Law</i> (2 vols.,
+1894-95). Some of the more important decisions may be found abridged
+in Allen Johnson's <i>Readings in American Constitutional History</i>
+(1912). W. W. Willoughby, <i>The Supreme Court: its History and
+Influence in our Constitutional System</i> (1890), and <i>The American
+Constitutional System</i> (1904), are interesting volumes by an
+authority on constitutional law. J. P. Kennedy, <i>Memoirs of the Life
+of William Wirt</i> (2 vols., 1850); G. J. McRee, <i>Life and
+Correspondence of James Iredell</i> (2 vols., 1857-58); W. W. Story,
+<i>Life and Letters of Joseph Story</i> (2 vols., 1851); and G. T.
+Curtis, <i>Life of Daniel Webster</i> (2 vols., 1870), contribute to an
+understanding of the relation of the federal bench and bar.
+Especially valuable is Charles Warren's <i>History of the American
+Bar, Colonial and Federal, to 1860</i> (1911). The progress of American
+law is reviewed in <i>Two Centuries' Growth of American Law,
+1701-1901</i>, by members of the faculty of the Yale Law School.
+</p></div>
+
+
+
+<hr style="width: 65%;" />
+<p><span class='pagenum'><a name="Page_i" id="Page_i">[Pg i]</a></span></p>
+<p class="subhead1"><a name="INDEX" id="INDEX"></a>INDEX</p>
+
+
+<p>
+Adams, Abigail, <a href="#Page_120">120</a>, <a href="#Page_121">121</a>.<br />
+<br />
+Adams, John, Minister to England, <a href="#Page_7">7</a>;<br />
+<span style="margin-left: 1em;">demands Western posts, <a href="#Page_17">17</a>;</span><br />
+<span style="margin-left: 1em;">on the adoption of the Constitution, <a href="#Page_41">41</a>;</span><br />
+<span style="margin-left: 1em;">elected Vice-President, <a href="#Page_48">48</a>;</span><br />
+<span style="margin-left: 1em;">on the President's address, <a href="#Page_50">50</a>;</span><br />
+<span style="margin-left: 1em;">re-elected Vice-President, <a href="#Page_67">67</a>;</span><br />
+<span style="margin-left: 1em;">candidate for the Presidency, <a href="#Page_92">92</a>;</span><br />
+<span style="margin-left: 1em;">elected President, <a href="#Page_93">93</a>;</span><br />
+<span style="margin-left: 1em;">his attitude toward France, <a href="#Page_96">96</a>;</span><br />
+<span style="margin-left: 1em;">appoints commissioners, <a href="#Page_96">96-97</a>;</span><br />
+<span style="margin-left: 1em;">urges preparations for war, <a href="#Page_98">98</a>;</span><br />
+<span style="margin-left: 1em;">sends X Y Z letters to Congress, <a href="#Page_98">98</a>;</span><br />
+<span style="margin-left: 1em;">appoints officers of army, <a href="#Page_101">101-02</a>;</span><br />
+<span style="margin-left: 1em;">at odds with Hamilton faction, <a href="#Page_103">103</a>;</span><br />
+<span style="margin-left: 1em;">resumes relations with France, <a href="#Page_103">103-04</a>;</span><br />
+<span style="margin-left: 1em;">his title to fame, <a href="#Page_104">104</a>;</span><br />
+<span style="margin-left: 1em;">pardons Fries, <a href="#Page_113">113</a>;</span><br />
+<span style="margin-left: 1em;">candidate for Presidency (1800), <a href="#Page_116">116</a>;</span><br />
+<span style="margin-left: 1em;">and federal judiciary, <a href="#Page_121">121-22</a>;</span><br />
+<span style="margin-left: 1em;">presidential elector (1820), <a href="#Page_280">280</a>;</span><br />
+<span style="margin-left: 1em;">on European entanglements, <a href="#Page_289">289-90</a>;</span><br />
+<span style="margin-left: 1em;">offers Chief Justiceship to Jay, <a href="#Page_331">331</a>.</span><br />
+<br />
+Adams, John Quincy, and the practice of law, <a href="#Page_20">20</a>;<br />
+<span style="margin-left: 1em;">on the new Constitution, <a href="#Page_41">41</a>;</span><br />
+<span style="margin-left: 1em;">special envoy to England, <a href="#Page_87">87</a>;</span><br />
+<span style="margin-left: 1em;">secures amendment of Jay Treaty, <a href="#Page_88">88</a>;</span><br />
+<span style="margin-left: 1em;">defends the embargo, <a href="#Page_189">189</a>;</span><br />
+<span style="margin-left: 1em;">resigns from Senate, <a href="#Page_193">193</a>;</span><br />
+<span style="margin-left: 1em;">commissioner at Ghent, <a href="#Page_227">227-29</a>;</span><br />
+<span style="margin-left: 1em;">on Jackson's invasion of Florida, <a href="#Page_262">262</a>;</span><br />
+<span style="margin-left: 1em;">his reply to Spain, <a href="#Page_262">262-63</a>;</span><br />
+<span style="margin-left: 1em;">on recognition of South American Republics, <a href="#Page_290">290-91</a>;</span><br />
+<span style="margin-left: 1em;">challenges British claims on Pacific, <a href="#Page_292">292</a>;</span><br />
+<span style="margin-left: 1em;">on future of Cuba, <a href="#Page_292">292-93</a>;</span><br />
+<span style="margin-left: 1em;">protests Russian claims on the Pacific Coast, <a href="#Page_293">293</a>;</span><br />
+<span style="margin-left: 1em;">advises against joint declaration with England, <a href="#Page_295">295</a>;</span><br />
+<span style="margin-left: 1em;">candidate for the Presidency (1824), <a href="#Page_308">308</a>;</span><br />
+<span style="margin-left: 1em;">favors internal improvements, <a href="#Page_310">310</a>;</span><br />
+<span style="margin-left: 1em;">favors Tariff of 1824, <a href="#Page_312">312</a>;</span><br />
+<span style="margin-left: 1em;">his electoral vote (1824), <a href="#Page_312">312</a>;</span><br />
+<span style="margin-left: 1em;">wins Clay's following, <a href="#Page_313">313-14</a>;</span><br />
+<span style="margin-left: 1em;">elected President by the House, <a href="#Page_314">314</a>;</span><br />
+<span style="margin-left: 1em;">appoints Clay Secretary of State, <a href="#Page_315">315</a>;</span><br />
+<span style="margin-left: 1em;">his first message, <a href="#Page_318">318-19</a>;</span><br />
+<span style="margin-left: 1em;">and the civil service, <a href="#Page_318">318-19</a>;</span><br />
+<span style="margin-left: 1em;">on the Panama Congress, <a href="#Page_320">320</a>, <a href="#Page_321">321</a>;</span><br />
+<span style="margin-left: 1em;">and the Creek Indians, <a href="#Page_324">324-26</a>;</span><br />
+<span style="margin-left: 1em;">and the Cherokee Indians, <a href="#Page_326">326-27</a>.</span><br />
+<br />
+Adet, French Minister to United States, interferes in the election of 1800, <a href="#Page_92">92-93</a>;<br />
+<span style="margin-left: 1em;">on Jefferson as an American, <a href="#Page_290">290</a>.</span><br />
+<br />
+Agriculture, American, <a href="#Page_126">126-27</a>.<br />
+<br />
+Alabama, admitted as a State, <a href="#Page_251">251</a>.<br />
+<br />
+Alien and Sedition Acts, <a href="#Page_109">109</a>;<br />
+<span style="margin-left: 1em;">petitions for the repeal of, <a href="#Page_112">112</a>;</span><br />
+<span style="margin-left: 1em;">expiration of, <a href="#Page_135">135</a>.</span><br />
+<br />
+Allston, Washington, <a href="#Page_286">286</a>.<br />
+<br />
+Ambrister, Robert C., <a href="#Page_261">261-62</a>.<br />
+<br />
+Amelia Island, <i>entrep&ocirc;t</i> for neutral trade, <a href="#Page_199">199</a>;<br />
+<span style="margin-left: 1em;">occupied by the United States, <a href="#Page_204">204</a>;</span><br />
+<span style="margin-left: 1em;">evacuated, <a href="#Page_219">219</a>.</span><br />
+<br />
+American character, disclosed by the war, <a href="#Page_232">232-33</a>.<br />
+<br />
+American Insurance Company <i>v.</i> Canter, <a href="#Page_341">341-42</a>.<br />
+<br />
+American literature, want of, <a href="#Page_283">283</a>;<br />
+<span style="margin-left: 1em;">from 1815 to 1830, <a href="#Page_284">284</a>.</span><br />
+<br />
+<span class='pagenum'><a name="Page_ii" id="Page_ii">[Pg ii]</a></span>Ames, Fisher, on the heads of departments, <a href="#Page_89">89-90</a>;<br />
+<span style="margin-left: 1em;">on the Republican opposition, <a href="#Page_108">108</a>;</span><br />
+<span style="margin-left: 1em;">on democracy, <a href="#Page_161">161-62</a>.</span><br />
+<br />
+Annapolis Trade Convention, <a href="#Page_28">28</a>.<br />
+<br />
+<i>Anthology and Boston Review</i>, <a href="#Page_283">283</a>.<br />
+<br />
+Anti-Federalists, and the Constitution, <a href="#Page_39">39</a>.<br />
+<br />
+Appointments, by Washington, <a href="#Page_54">54-55</a>;<br />
+<span style="margin-left: 1em;">by John Adams, <a href="#Page_122">122</a>;</span><br />
+<span style="margin-left: 1em;">by Jefferson, <a href="#Page_130">130-31</a>;</span><br />
+<span style="margin-left: 1em;">by John Q. Adams, <a href="#Page_318">318-19</a>.</span><br />
+<br />
+Arbuthnot, Alexander, <a href="#Page_261">261-62</a>.<br />
+<br />
+Army, at the establishment of Government, <a href="#Page_55">55</a>;<br />
+<span style="margin-left: 1em;">provisional, in 1798, <a href="#Page_101">101-03</a>;</span><br />
+<span style="margin-left: 1em;">at the beginning of the War of 1812, <a href="#Page_212">212</a>;</span><br />
+<span style="margin-left: 1em;">after the War of 1812, <a href="#Page_241">241</a>.</span><br />
+<br />
+Articles of Confederation, proposed amendments to, <a href="#Page_6">6</a>;<br />
+<span style="margin-left: 1em;">inadequacy of, <a href="#Page_16">16-17</a>, <a href="#Page_21">21-24</a>, <a href="#Page_25">25-27</a>.</span><br />
+<br />
+Assumption of state debts, <a href="#Page_58">58-61</a>.<br />
+<br />
+<br />
+Ballou, Hosea, <a href="#Page_288">288</a>.<br />
+<br />
+Baltimore, and Western trade, <a href="#Page_254">254</a>, <a href="#Page_256">256</a>.<br />
+<br />
+Bancroft, George, <a href="#Page_287">287</a>.<br />
+<br />
+Bank of the United States, opposed by Jefferson, <a href="#Page_62">62</a>;<br />
+<span style="margin-left: 1em;">advocated by Hamilton, <a href="#Page_63">63</a>;</span><br />
+<span style="margin-left: 1em;">charter of, <a href="#Page_63">63</a>;</span><br />
+<span style="margin-left: 1em;">speculation in the stock of, <a href="#Page_63">63-64</a>;</span><br />
+<span style="margin-left: 1em;">Congress refuses to recharter, <a href="#Page_239">239</a>;</span><br />
+<span style="margin-left: 1em;">charter of the second, <a href="#Page_239">239-40</a>;</span><br />
+<span style="margin-left: 1em;">management of, <a href="#Page_267">267</a>;</span><br />
+<span style="margin-left: 1em;">investigation of, <a href="#Page_267">267</a>;</span><br />
+<span style="margin-left: 1em;">popular hostility to, <a href="#Page_267">267-68</a>;</span><br />
+<span style="margin-left: 1em;">taxation of the branches of, <a href="#Page_268">268</a>.</span><br />
+<br />
+Baptists, in New England, <a href="#Page_247">247</a>;<br />
+<span style="margin-left: 1em;">in the West, <a href="#Page_301">301-02</a>.</span><br />
+<br />
+Barbour, James, <a href="#Page_271">271</a>.<br />
+<br />
+Baumeler, Joseph, <a href="#Page_246">246</a>, <a href="#Page_302">302</a>.<br />
+<br />
+Bayard, James A., and the election of 1801, <a href="#Page_118">118-19</a>;<br />
+<span style="margin-left: 1em;">commissioner at Ghent, <a href="#Page_227">227</a>.</span><br />
+<br />
+Benton, Thomas H., on the election of 1825, <a href="#Page_315">315-16</a>.<br />
+<br />
+Berlin Decree, of Napoleon, <a href="#Page_187">187</a>;<br />
+<span style="margin-left: 1em;">its revocation, <a href="#Page_200">200</a>.</span><br />
+<br />
+Bible Society of the United States, <a href="#Page_301">301</a>.<br />
+<br />
+Bladensburg, battle of, <a href="#Page_222">222</a>.<br />
+<br />
+Blennerhassett, Harman, and Burr, <a href="#Page_172">172-73</a>, <a href="#Page_175">175-76</a>.<br />
+<br />
+Blockade of American ports by British cruisers, <a href="#Page_181">181-82</a>, <a href="#Page_201">201</a>, <a href="#Page_218">218</a>, <a href="#Page_233">233</a>.<br />
+<br />
+Blount conspiracy, <a href="#Page_97">97</a>.<br />
+<br />
+Bonus Bill, advocated by Calhoun, <a href="#Page_257">257</a>;<br />
+<span style="margin-left: 1em;">vetoed by Madison, <a href="#Page_257">257</a>.</span><br />
+<br />
+Boone, Daniel, <a href="#Page_14">14</a>.<br />
+<br />
+Boston, as an intellectual and literary center, <a href="#Page_287">287</a>.<br />
+<br />
+Bowdoin, Governor James, and Shays' Rebellion, <a href="#Page_20">20-21</a>;<br />
+<span style="margin-left: 1em;">suggests convention of the States, <a href="#Page_27">27</a>.</span><br />
+<br />
+Breckenridge, John, <a href="#Page_110">110</a>.<br />
+<br />
+Brown, Jacob, <a href="#Page_220">220</a>.<br />
+<br />
+Brown, Moses, <a href="#Page_124">124</a>.<br />
+<br />
+Bryant, William Cullen, <a href="#Page_284">284</a>.<br />
+<br />
+Burr, Aaron, candidate for the Vice-Presidency (1796), <a href="#Page_92">92</a>;<br />
+<span style="margin-left: 1em;">on politics in Connecticut, <a href="#Page_115">115</a>;</span><br />
+<span style="margin-left: 1em;">carries the city of New York (1800), <a href="#Page_115">115-16</a>;</span><br />
+<span style="margin-left: 1em;">elected Vice-President (1800), <a href="#Page_118">118</a>;</span><br />
+<span style="margin-left: 1em;">candidate for Governor of New York, <a href="#Page_165">165</a>;</span><br />
+<span style="margin-left: 1em;">approached by Federalists, <a href="#Page_165">165-66</a>;</span><br />
+<span style="margin-left: 1em;">his duel with Hamilton, <a href="#Page_166">166</a>;</span><br />
+<span style="margin-left: 1em;">his intrigues, <a href="#Page_172">172-73</a>;</span><br />
+<span style="margin-left: 1em;">his expedition, <a href="#Page_173">173-76</a>;</span><br />
+<span style="margin-left: 1em;">his arrest and trial, <a href="#Page_176">176-78</a>.</span><br />
+<br />
+<br />
+Cabot, George, <a href="#Page_164">164</a>.<br />
+<br />
+Calhoun, John C., repudiates peaceable coercion, <a href="#Page_207">207</a>;<br />
+<span style="margin-left: 1em;">favors Tariff of 1816, <a href="#Page_237">237</a>;</span><br />
+<span style="margin-left: 1em;">his nationalism, <a href="#Page_241">241-42</a>;</span><br />
+<span style="margin-left: 1em;">on constitutional limitations, <a href="#Page_242">242</a>;</span><br />
+<span style="margin-left: 1em;">his Bonus Bill, <a href="#Page_257">257</a>;</span><br />
+<span class='pagenum'><a name="Page_iii" id="Page_iii">[Pg iii]</a></span><span style="margin-left: 1em;">Secretary of War, <a href="#Page_258">258</a>;</span><br />
+<span style="margin-left: 1em;">candidate for the Presidency, <a href="#Page_307">307</a>;</span><br />
+<span style="margin-left: 1em;">candidate for the Vice-Presidency, <a href="#Page_308">308</a>;</span><br />
+<span style="margin-left: 1em;">elected Vice-President, <a href="#Page_312">312</a>;</span><br />
+<span style="margin-left: 1em;">on the Tariff of 1828, <a href="#Page_328">328-29</a>;</span><br />
+<span style="margin-left: 1em;">elaborates his defense of state rights, <a href="#Page_345">345</a>.</span><br />
+<br />
+Campbell, Alexander, <a href="#Page_288">288</a>.<br />
+<br />
+Canada, proposed conquest of, <a href="#Page_203">203</a>, <a href="#Page_213">213</a>.<br />
+<br />
+Canals, constructed and projected, in 1825, <a href="#Page_255">255-56</a>.<br />
+<br />
+Canning, George, and the Chesapeake affair, <a href="#Page_186">186</a>;<br />
+<span style="margin-left: 1em;">on the embargo, <a href="#Page_191">191</a>;</span><br />
+<span style="margin-left: 1em;">on British naval losses, <a href="#Page_216">216</a>;</span><br />
+<span style="margin-left: 1em;">on intervention, <a href="#Page_292">292</a>;</span><br />
+<span style="margin-left: 1em;">overtures to Rush, <a href="#Page_294">294</a>;</span><br />
+<span style="margin-left: 1em;">on the new doctrine of President Monroe, <a href="#Page_296">296</a>.</span><br />
+<br />
+Capital, location of the national, <a href="#Page_60">60-61</a>;<br />
+<span style="margin-left: 1em;">removed from Philadelphia to Washington, <a href="#Page_119">119-21</a>.</span><br />
+<br />
+Caucus,<br />
+<span style="margin-left: 1em;"><i>congressional</i> (1800), <a href="#Page_116">116</a>;</span><br />
+<span style="margin-left: 3em;">(1804), <a href="#Page_167">167</a>;</span><br />
+<span style="margin-left: 3em;">(1808), <a href="#Page_193">193-94</a>;</span><br />
+<span style="margin-left: 3em;">(1812), <a href="#Page_216">216</a>;</span><br />
+<span style="margin-left: 3em;">(1816), <a href="#Page_243">243</a>;</span><br />
+<span style="margin-left: 4em;">hostility to, <a href="#Page_307">307</a>, <a href="#Page_308">308</a>;</span><br />
+<span style="margin-left: 3em;">(1824), <a href="#Page_308">308</a>.</span><br />
+<span style="margin-left: 1em;"><i>legislative</i>, <a href="#Page_305">305</a>.</span><br />
+<br />
+Channing, William E., <a href="#Page_288">288</a>.<br />
+<br />
+Chase, Samuel, impeachment of, <a href="#Page_139">139-41</a>.<br />
+<br />
+Cherokee Indians, in Georgia, <a href="#Page_326">326-27</a>.<br />
+<br />
+Chesapeake Bay, navigation of, <a href="#Page_27">27-28</a>;<br />
+<span style="margin-left: 1em;">British military operations in, <a href="#Page_221">221-23</a>.</span><br />
+<br />
+Chesapeake, United States frigate, and the Leopard, <a href="#Page_184">184-86</a>;<br />
+<span style="margin-left: 1em;">reparation offered for, <a href="#Page_197">197</a>;</span><br />
+<span style="margin-left: 1em;">avenged, <a href="#Page_202">202</a>;</span><br />
+<span style="margin-left: 1em;">captured, <a href="#Page_218">218</a>.</span><br />
+<br />
+Chippewa, battle of, <a href="#Page_220">220</a>.<br />
+<br />
+Cincinnati, Society of the, <a href="#Page_24">24</a>.<br />
+<br />
+Civil service. <i>See</i> Appointments.<br />
+<br />
+Claiborne, W. C. C., Governor of the Mississippi Territory, reports withdrawal of the right of deposit, <a href="#Page_148">148</a>;<br />
+<span style="margin-left: 1em;">takes possession of West Florida, <a href="#Page_204">204</a>.</span><br />
+<br />
+Clark, George Rogers, and Genet, <a href="#Page_74">74-75</a>.<br />
+<br />
+Clay, Henry, his early career, <a href="#Page_202">202-03</a>;<br />
+<span style="margin-left: 1em;">in the Senate, <a href="#Page_203">203</a>;</span><br />
+<span style="margin-left: 1em;">Speaker of the House, <a href="#Page_207">207</a>;</span><br />
+<span style="margin-left: 1em;">commissioner at Ghent, <a href="#Page_227">227</a>, <a href="#Page_229">229</a>;</span><br />
+<span style="margin-left: 1em;">his nationalism, <a href="#Page_241">241-42</a>;</span><br />
+<span style="margin-left: 1em;">on the National Bank Bill, <a href="#Page_242">242</a>;</span><br />
+<span style="margin-left: 1em;">opposes the Florida Treaty, <a href="#Page_264">264-65</a>;</span><br />
+<span style="margin-left: 1em;">on the extension of slavery, <a href="#Page_270">270</a>;</span><br />
+<span style="margin-left: 1em;">on the admission of Missouri, <a href="#Page_279">279</a>;</span><br />
+<span style="margin-left: 1em;">on the counting of the electoral vote (1820), <a href="#Page_280">280</a>;</span><br />
+<span style="margin-left: 1em;">advocates an American system, <a href="#Page_289">289</a>;</span><br />
+<span style="margin-left: 1em;">candidate for the Presidency (1824), <a href="#Page_307">307-08</a>;</span><br />
+<span style="margin-left: 1em;">on internal improvements, <a href="#Page_309">309-10</a>;</span><br />
+<span style="margin-left: 1em;">urges a protective tariff, <a href="#Page_310">310</a>;</span><br />
+<span style="margin-left: 1em;">favors the Tariff of 1824, <a href="#Page_312">312</a>;</span><br />
+<span style="margin-left: 1em;">his electoral vote (1824), <a href="#Page_312">312</a>;</span><br />
+<span style="margin-left: 1em;">and Jackson, <a href="#Page_313">313</a>, <a href="#Page_314">314</a>, <a href="#Page_315">315</a>;</span><br />
+<span style="margin-left: 1em;">and Crawford, <a href="#Page_313">313</a>;</span><br />
+<span style="margin-left: 1em;">and Adams, <a href="#Page_313">313-14</a>;</span><br />
+<span style="margin-left: 1em;">accepts Secretaryship of State, <a href="#Page_314">314</a>;</span><br />
+<span style="margin-left: 1em;">denies corrupt-bargain charge, <a href="#Page_313">313-15</a>;</span><br />
+<span style="margin-left: 1em;">favors Panama Congress, <a href="#Page_320">320</a>;</span><br />
+<span style="margin-left: 1em;">on the status of Cuba, <a href="#Page_321">321</a>.</span><br />
+<br />
+Clinton, De Witt, nominated for the Presidency (1812), <a href="#Page_216">216</a>;<br />
+<span style="margin-left: 1em;">promotes the Erie Canal, <a href="#Page_255">255-56</a>.</span><br />
+<br />
+Clinton, George, candidate for Vice-Presidency (1792), <a href="#Page_67">67</a>;<br />
+<span style="margin-left: 1em;">elected Vice-President (1804), <a href="#Page_167">167</a>;</span><br />
+<span style="margin-left: 1em;">candidate for the Presidency (1808), <a href="#Page_194">194</a>.</span><br />
+<br />
+Cohens <i>v.</i> Virginia, <a href="#Page_336">336-37</a>.<br />
+<br />
+Colonization Society, <a href="#Page_272">272</a>.<br />
+<br />
+Commerce,<br />
+<span style="margin-left: 1em;"><i>foreign</i>, during the Revolution, <a href="#Page_2">2</a>;</span><br />
+<span style="margin-left: 3em;">restrictions upon, <a href="#Page_3">3</a>, <a href="#Page_7">7</a>;</span><br />
+<span style="margin-left: 3em;">power to regulate, <a href="#Page_34">34</a>;</span><br />
+<span style="margin-left: 3em;">revival of, <a href="#Page_46">46-47</a>;</span><br />
+<span style="margin-left: 3em;">aggressions on, <a href="#Page_76">76-77</a>, <a href="#Page_86">86-87</a>;</span><br />
+<span class='pagenum'><a name="Page_iv" id="Page_iv">[Pg iv]</a></span><span style="margin-left: 3em;">and Jay's Treaty, <a href="#Page_85">85-87</a>;</span><br />
+<span style="margin-left: 2em;">Mississippi opened to, <a href="#Page_87">87</a>;</span><br />
+<span style="margin-left: 2em;">during European wars, <a href="#Page_124">124</a>, <a href="#Page_179">179-80</a>;</span><br />
+<span style="margin-left: 2em;">during the War of 1812, <a href="#Page_233">233</a>;</span><br />
+<span style="margin-left: 2em;">after the Treaty of Ghent, <a href="#Page_233">233-34</a>.</span><br />
+<span style="margin-left: 1em;"><i>internal</i>,</span><br />
+<span style="margin-left: 2em;">between South and Northwest, <a href="#Page_252">252-53</a>;</span><br />
+<span style="margin-left: 2em;">along the Mississippi, <a href="#Page_253">253-54</a>;</span><br />
+<span style="margin-left: 2em;">between East and other sections, <a href="#Page_254">254-56</a>.</span><br />
+<br />
+Commonwealth <i>v.</i> Caton, <a href="#Page_19">19</a>.<br />
+<br />
+Compromises of the Constitution, <a href="#Page_33">33-35</a>.<br />
+<br />
+Congress,<br />
+<span style="margin-left: 1em;"><i>of the Confederation</i>, and finance, <a href="#Page_5">5-6</a>;</span><br />
+<span style="margin-left: 2em;">peregrinations of, <a href="#Page_6">6</a>;</span><br />
+<span style="margin-left: 2em;">and foreign commerce, <a href="#Page_7">7-8</a>;</span><br />
+<span style="margin-left: 2em;">and the public domain, <a href="#Page_8">8</a>;</span><br />
+<span style="margin-left: 2em;">organizes the Northwest Territory, <a href="#Page_10">10-12</a>;</span><br />
+<span style="margin-left: 2em;">and the State of Franklin, <a href="#Page_15">15</a>;</span><br />
+<span style="margin-left: 2em;">and Shays' Rebellion, <a href="#Page_21">21-22</a>;</span><br />
+<span style="margin-left: 2em;">and the Annapolis Convention, <a href="#Page_28">28-29</a>;</span><br />
+<span style="margin-left: 2em;">and the new Constitution, <a href="#Page_38">38</a>, <a href="#Page_44">44</a>.</span><br />
+<span style="margin-left: 1em;"><i>of the new Union</i>, elections to, <a href="#Page_44">44</a>;</span><br />
+<span style="margin-left: 2em;">assembles, <a href="#Page_47">47</a>;</span><br />
+<span style="margin-left: 2em;">organizes, <a href="#Page_48">48</a>;</span><br />
+<span style="margin-left: 2em;">attends the counting of the electoral vote, <a href="#Page_48">48</a>;</span><br />
+<span style="margin-left: 2em;">hears the inaugural address, <a href="#Page_48">48</a>, <a href="#Page_49">49</a>;</span><br />
+<span style="margin-left: 2em;">enters upon its duties, <a href="#Page_50">50</a>.</span><br />
+<br />
+Connecticut, favors the open door, <a href="#Page_8">8</a>;<br />
+<span style="margin-left: 1em;">ratifies the Constitution, <a href="#Page_41">41</a>;</span><br />
+<span style="margin-left: 1em;">refuses call for militia, <a href="#Page_213">213</a>;</span><br />
+<span style="margin-left: 1em;">and the Hartford Convention, <a href="#Page_224">224</a>;</span><br />
+<span style="margin-left: 1em;">adopts a new Constitution, <a href="#Page_304">304</a>;</span><br />
+<span style="margin-left: 1em;">suffrage in, <a href="#Page_304">304</a>;</span><br />
+<span style="margin-left: 1em;">authorizes first law reports, <a href="#Page_332">332</a>.</span><br />
+<br />
+Connecticut Wits, the, <a href="#Page_123">123</a>.<br />
+<br />
+Constitution of the United States, drafting of, <a href="#Page_30">30-35</a>;<br />
+<span style="margin-left: 1em;">publication of, <a href="#Page_35">35-38</a>;</span><br />
+<span style="margin-left: 1em;">ratification of, <a href="#Page_39">39-43</a>;</span><br />
+<span style="margin-left: 1em;">voting on, <a href="#Page_43">43-44</a>;</span><br />
+<span style="margin-left: 1em;">first amendments to, <a href="#Page_55">55</a>;</span><br />
+<span style="margin-left: 1em;">Twelfth Amendment to, <a href="#Page_166">166-67</a>;</span><br />
+<span style="margin-left: 1em;">judicial interpretation of, <a href="#Page_331">331-45</a>.</span><br />
+<br />
+Constitution, United States frigate, captures L'Insurgente, <a href="#Page_101">101</a>;<br />
+<span style="margin-left: 1em;">captures the Guerri&egrave;re, <a href="#Page_215">215</a>;</span><br />
+<span style="margin-left: 1em;">captures the Java, <a href="#Page_216">216</a>.</span><br />
+<br />
+Constitutions, of new States, <a href="#Page_303">303-04</a>;<br />
+<span style="margin-left: 1em;">of the old States, <a href="#Page_304">304-05</a>.</span><br />
+<br />
+Convention of 1787, origin, <a href="#Page_28">28-29</a>;<br />
+<span style="margin-left: 1em;">choice of delegates to, <a href="#Page_29">29</a>;</span><br />
+<span style="margin-left: 1em;">proceedings of, <a href="#Page_30">30-38</a>;</span><br />
+<span style="margin-left: 1em;">journal of, <a href="#Page_30">30</a>;</span><br />
+<span style="margin-left: 1em;">its work, <a href="#Page_35">35-36</a>.</span><br />
+<br />
+Cooper, J. Fenimore, <a href="#Page_285">285</a>.<br />
+<br />
+Corrupt-bargain cry, in 1825, <a href="#Page_313">313-15</a>.<br />
+<br />
+Cotton gin, invention of, <a href="#Page_127">127</a>;<br />
+<span style="margin-left: 1em;">effect of, <a href="#Page_127">127-28</a>.</span><br />
+<br />
+Cotton-growing, spread of, <a href="#Page_127">127</a>, <a href="#Page_249">249-51</a>.<br />
+<br />
+Cotton manufacturing, beginnings of, <a href="#Page_124">124</a>;<br />
+<span style="margin-left: 1em;">after the embargo, <a href="#Page_234">234-35</a>;</span><br />
+<span style="margin-left: 1em;">after the Peace of Ghent, <a href="#Page_235">235-36</a>.</span><br />
+<br />
+Court reports, first published, <a href="#Page_332">332</a>.<br />
+<br />
+Courts, federal. <i>See</i> Federal judiciary, Judiciary Act, etc.<br />
+<br />
+Crawford, William H., candidate for presidential nomination (1816), <a href="#Page_243">243-44</a>;<br />
+<span style="margin-left: 1em;">nominated for the Presidency (1824), <a href="#Page_308">308</a>;</span><br />
+<span style="margin-left: 1em;">on internal improvements, <a href="#Page_310">310</a>;</span><br />
+<span style="margin-left: 1em;">on the Tariff of 1824, <a href="#Page_312">312</a>;</span><br />
+<span style="margin-left: 1em;">his electoral vote (1824), <a href="#Page_312">312</a>;</span><br />
+<span style="margin-left: 1em;">his vote in the election by the House, <a href="#Page_314">314</a>.</span><br />
+<br />
+Creek Indians, rising of, <a href="#Page_219">219</a>;<br />
+<span style="margin-left: 1em;">capitulation of, <a href="#Page_220">220</a>;</span><br />
+<span style="margin-left: 1em;">in East Florida, <a href="#Page_260">260</a>;</span><br />
+<span style="margin-left: 1em;">lands in Georgia, <a href="#Page_324">324-26</a>.</span><br />
+<br />
+Crisis of 1819, <a href="#Page_266">266-67</a>.<br />
+<br />
+Cuba, interest of the United States in, <a href="#Page_293">293</a>, <a href="#Page_321">321</a>.<br />
+<br />
+Cumberland Road. <i>See</i> National Road.<br />
+<br />
+Currency, under the Confederation, <a href="#Page_5">5</a>;<br />
+<span class='pagenum'><a name="Page_v" id="Page_v">[Pg v]</a></span><span style="margin-left: 1em;">after the War of 1812, <a href="#Page_238">238-39</a>, <a href="#Page_240">240-41</a>.</span><br />
+<br />
+Cushing, William, <a href="#Page_54">54</a>.<br />
+<br />
+Cutler, Manasseh, <a href="#Page_11">11-12</a>.<br />
+<br />
+<br />
+Dallas, A. J., Secretary of the Treasury, and the tariff, <a href="#Page_237">237-38</a>;<br />
+<span style="margin-left: 1em;">and the new National Bank, <a href="#Page_241">241</a>.</span><br />
+<br />
+Dartmouth College Case, <a href="#Page_342">342-43</a>.<br />
+<br />
+Davis, Jefferson, father of, <a href="#Page_249">249</a>.<br />
+<br />
+Dearborn, Henry, Secretary of War, <a href="#Page_130">130-31</a>;<br />
+<span style="margin-left: 1em;">in the War of 1812, <a href="#Page_213">213</a>, <a href="#Page_218">218</a>.</span><br />
+<br />
+Decatur, Stephen, <a href="#Page_145">145</a>, <a href="#Page_215">215</a>.<br />
+<br />
+Delaware, instructs delegates to the Federal Convention, <a href="#Page_30">30</a>;<br />
+<span style="margin-left: 1em;">ratifies the Constitution, <a href="#Page_41">41</a>.</span><br />
+<br />
+Democracy in the United States, <a href="#Page_298">298-301</a>, <a href="#Page_303">303-07</a>.<br />
+<br />
+Democratic societies, founded, <a href="#Page_75">75</a>;<br />
+<span style="margin-left: 1em;">condemned by Washington, <a href="#Page_83">83-84</a>.</span><br />
+<br />
+<i>Demos Krateo</i> principle, <a href="#Page_315">315-16</a>.<br />
+<br />
+Dennie, Joseph, <a href="#Page_283">283</a>.<br />
+<br />
+Departments, executive, organized, <a href="#Page_51">51-52</a>;<br />
+<span style="margin-left: 1em;">Fisher Ames on, <a href="#Page_89">89-90</a>.</span><br />
+<br />
+Deposit, right of, at New Orleans, <a href="#Page_87">87</a>;<br />
+<span style="margin-left: 1em;">withdrawn, <a href="#Page_148">148</a>.</span><br />
+<br />
+Detroit, surrender of, <a href="#Page_214">214</a>.<br />
+<br />
+Dorchester, Lord, Governor of Canada, 68, <a href="#Page_78">78-79</a>.<br />
+<br />
+Duties on imports, proposed in 1781, 1783, <a href="#Page_6">6</a>.<br />
+<br />
+Dwight, Timothy, his <i>Conquest of Canaan</i>, <a href="#Page_123">123</a>;<br />
+<span style="margin-left: 1em;">on the back-country people, <a href="#Page_247">247</a>.</span><br />
+<br />
+<br />
+East Florida, revolution in, <a href="#Page_204">204</a>;<br />
+<span style="margin-left: 1em;">occupied by United States, <a href="#Page_204">204</a>;</span><br />
+<span style="margin-left: 1em;">rendezvous, <a href="#Page_259">259-60</a>;</span><br />
+<span style="margin-left: 1em;">invaded by Jackson, <a href="#Page_260">260-62</a>.</span><br />
+<br />
+Ellsworth, Oliver, <a href="#Page_53">53-54</a>.<br />
+<br />
+Embargo Act, <i>of 1794</i>, <a href="#Page_79">79</a>;<br />
+<span style="margin-left: 1em;"><i>of 1807</i>, <a href="#Page_188">188-89</a>;</span><br />
+<span style="margin-left: 2em;">enforcement of, <a href="#Page_190">190-91</a>, <a href="#Page_194">194-95</a>;</span><br />
+<span style="margin-left: 2em;">as a coercive weapon, <a href="#Page_190">190</a>, <a href="#Page_192">192</a>;</span><br />
+<span style="margin-left: 2em;">effect of, <a href="#Page_191">191-93</a>;</span><br />
+<span style="margin-left: 2em;">in New England, <a href="#Page_193">193</a>, <a href="#Page_195">195</a>;</span><br />
+<span style="margin-left: 2em;">repeal of, <a href="#Page_196">196</a>;</span><br />
+<span style="margin-left: 1em;"><i>of 1812</i>, <a href="#Page_209">209</a>.</span><br />
+<br />
+Emerson, Ralph Waldo, <a href="#Page_287">287</a>.<br />
+<br />
+Emigration, from New England, <a href="#Page_247">247-48</a>;<br />
+<span style="margin-left: 1em;">from the Middle States, <a href="#Page_248">248</a>;</span><br />
+<span style="margin-left: 1em;">from the South, <a href="#Page_249">249</a>.</span><br />
+<br />
+Era of Good Feelings, <a href="#Page_266">266</a>.<br />
+<br />
+Erie Canal, construction of, <a href="#Page_255">255-56</a>.<br />
+<br />
+Erskine, D. M., British Minister to the United States, <a href="#Page_197">197</a>.<br />
+<br />
+Essex, case of the, <a href="#Page_180">180</a>.<br />
+<br />
+Essex Junto, <a href="#Page_164">164</a>, <a href="#Page_193">193</a>, <a href="#Page_224">224</a>.<br />
+<br />
+Everett, Edward, <a href="#Page_287">287</a>.<br />
+<br />
+Executive Departments, establishment of, <a href="#Page_51">51-52</a>.<br />
+<br />
+<br />
+Fallen Timber, battle of, <a href="#Page_80">80-81</a>.<br />
+<br />
+Far West, <a href="#Page_258">258-59</a>.<br />
+<br />
+Fauchet, J. A. J., succeeds Genet, <a href="#Page_76">76</a>;<br />
+<span style="margin-left: 1em;">urges acquisition of Louisiana, <a href="#Page_91">91</a>.</span><br />
+<br />
+Fearon, Henry B., <a href="#Page_247">247</a>, <a href="#Page_248">248</a>.<br />
+<br />
+Federal Convention of 1787. <i>See</i> Convention of 1787.<br />
+<br />
+<i>Federalist</i>, the, <a href="#Page_43">43</a>.<br />
+<br />
+Federalist party, origin of, <a href="#Page_39">39-40</a>.<br />
+<span style="margin-left: 1em;"><i>See also</i> Presidential elections.</span><br />
+<br />
+Finances, of the Confederation, <a href="#Page_5">5-6</a>;<br />
+<span style="margin-left: 1em;">of the new Government, <a href="#Page_50">50-51</a>, <a href="#Page_56">56-64</a>.</span><br />
+<br />
+Fiscal administration, beginnings of national, <a href="#Page_51">51</a>.<br />
+<br />
+Fisheries, discussed at Ghent, <a href="#Page_229">229</a>;<br />
+<span style="margin-left: 1em;">in the Convention of 1818, <a href="#Page_259">259</a>.</span><br />
+<br />
+Fletcher <i>v.</i> Peck, <a href="#Page_170">170</a>, <a href="#Page_342">342</a>.<br />
+<br />
+Floridas, controversy over the boundaries of, <a href="#Page_16">16</a>, <a href="#Page_68">68</a>;<br />
+<span style="margin-left: 1em;">northern boundary settled, <a href="#Page_87">87</a>;</span><br />
+<span style="margin-left: 1em;">proposed purchase of, <a href="#Page_148">148</a>;</span><br />
+<span style="margin-left: 1em;">and the province of Louisiana, 151, <a href="#Page_158">158-59</a>;</span><br />
+<span style="margin-left: 1em;">sought by Jefferson, <a href="#Page_170">170-71</a>;</span><br />
+<span class='pagenum'><a name="Page_vi" id="Page_vi">[Pg vi]</a></span><span style="margin-left: 1em;">acquisition of, <a href="#Page_264">264</a>.</span><br />
+<br />
+Florida Treaty, <a href="#Page_264">264-65</a>.<br />
+<br />
+Foreign-born in the United States, <a href="#Page_245">245-46</a>.<br />
+<br />
+Foster, A. J., British Minister to the United States, <a href="#Page_201">201</a>.<br />
+<br />
+France, concessions to American commerce, <a href="#Page_46">46</a>;<br />
+<span style="margin-left: 1em;">covets Spanish colonies, <a href="#Page_70">70-71</a>;</span><br />
+<span style="margin-left: 1em;">sends Genet to United States, <a href="#Page_71">71-72</a>;</span><br />
+<span style="margin-left: 1em;">demands rights under treaties of 1778, <a href="#Page_72">72-73</a>;</span><br />
+<span style="margin-left: 1em;">substitutes Fauchet for Genet, <a href="#Page_76">76</a>;</span><br />
+<span style="margin-left: 1em;">opens colonies to neutral trade, <a href="#Page_76">76-77</a>;</span><br />
+<span style="margin-left: 1em;">attempts to procure Louisiana, <a href="#Page_91">91</a>;</span><br />
+<span style="margin-left: 1em;">offended at Jay's Treaty, <a href="#Page_92">92-93</a>;</span><br />
+<span style="margin-left: 1em;">refuses to receive Pinckney, <a href="#Page_95">95</a>;</span><br />
+<span style="margin-left: 1em;">the X Y Z affair, <a href="#Page_98">98-99</a>;</span><br />
+<span style="margin-left: 1em;">involved in hostilities with United States, <a href="#Page_101">101</a>;</span><br />
+<span style="margin-left: 1em;">convention of 1800, <a href="#Page_104">104</a>, <a href="#Page_146">146</a>;</span><br />
+<span style="margin-left: 1em;">acquires Louisiana, <a href="#Page_146">146</a>;</span><br />
+<span style="margin-left: 1em;">expedition against Santo Domingo, <a href="#Page_146">146-47</a>;</span><br />
+<span style="margin-left: 1em;">cedes Louisiana to United States, <a href="#Page_149">149</a>, <a href="#Page_150">150</a>;</span><br />
+<span style="margin-left: 1em;">continental system, <a href="#Page_187">187-88</a>;</span><br />
+<span style="margin-left: 1em;">and the embargo, <a href="#Page_191">191-92</a>;</span><br />
+<span style="margin-left: 1em;">sequesters American vessels, <a href="#Page_199">199-200</a>;</span><br />
+<span style="margin-left: 1em;">withdraws decrees, <a href="#Page_200">200</a>.</span><br />
+<br />
+Franklin, Benjamin, in the Convention of 1787, <a href="#Page_30">30</a>, <a href="#Page_32">32</a>.<br />
+<br />
+Franklin, State of, <a href="#Page_15">15</a>.<br />
+<br />
+French Revolution, influence on America, <a href="#Page_72">72</a>.<br />
+<br />
+Freneau, Philip, <a href="#Page_65">65-66</a>, <a href="#Page_123">123</a>.<br />
+<br />
+Fries Rebellion, <a href="#Page_113">113</a>.<br />
+<br />
+Fulton, Robert, <a href="#Page_232">232</a>.<br />
+<br />
+<br />
+Gallatin, Albert, Representative, <a href="#Page_89">89</a>;<br />
+<span style="margin-left: 1em;">on the treaty-making power, <a href="#Page_90">90-91</a>;</span><br />
+<span style="margin-left: 1em;">Secretary of the Treasury, <a href="#Page_130">130</a>;</span><br />
+<span style="margin-left: 1em;">his policy of retrenchment, <a href="#Page_132">132-33</a>;</span><br />
+<span style="margin-left: 1em;">and the Mediterranean Fund, <a href="#Page_144">144</a>;</span><br />
+<span style="margin-left: 1em;">urges enforcement of the embargo, <a href="#Page_194">194</a>;</span><br />
+<span style="margin-left: 1em;">recommends war taxes, <a href="#Page_208">208</a>;</span><br />
+<span style="margin-left: 1em;">commissioner at Ghent, <a href="#Page_227">227</a>, <a href="#Page_229">229</a>;</span><br />
+<span style="margin-left: 1em;">and the Convention of 1818, <a href="#Page_259">259</a>;</span><br />
+<span style="margin-left: 1em;">on equality in Pennsylvania, <a href="#Page_300">300</a>.</span><br />
+<br />
+Gardoqui, Don Diego de, Spanish Minister to United States, <a href="#Page_16">16</a>.<br />
+<br />
+Genet, E. C., French Minister to United States, <a href="#Page_71">71-72</a>;<br />
+<span style="margin-left: 1em;">designs on Florida and Louisiana, <a href="#Page_73">73</a>;</span><br />
+<span style="margin-left: 1em;">sets up prize courts, <a href="#Page_73">73-74</a>;</span><br />
+<span style="margin-left: 1em;">revolutionary activities, <a href="#Page_73">73-75</a>;</span><br />
+<span style="margin-left: 1em;">discredited, <a href="#Page_76">76</a>;</span><br />
+<span style="margin-left: 1em;">recalled, <a href="#Page_76">76</a>.</span><br />
+<br />
+Georgia, ratifies the Constitution, <a href="#Page_41">41</a>;<br />
+<span style="margin-left: 1em;">and the Yazoo land grants, <a href="#Page_168">168-70</a>;</span><br />
+<span style="margin-left: 1em;">and the Creek Indians, <a href="#Page_324">324</a>;</span><br />
+<span style="margin-left: 1em;">protests against the Treaty of Washington, <a href="#Page_325">325</a>;</span><br />
+<span style="margin-left: 1em;">and the Indian lands, <a href="#Page_325">325-26</a>;</span><br />
+<span style="margin-left: 1em;">protests against the tariff, <a href="#Page_327">327</a>.</span><br />
+<br />
+Gerry, Elbridge, commissioner to France, <a href="#Page_96">96</a>;<br />
+<span style="margin-left: 1em;">and the X Y Z affair, <a href="#Page_98">98-100</a>;</span><br />
+<span style="margin-left: 1em;">elected Vice-President (1812), <a href="#Page_216">216</a>.</span><br />
+<br />
+Ghent, Treaty of, preliminary negotiations, <a href="#Page_227">227-29</a>;<br />
+<span style="margin-left: 1em;">terms of, <a href="#Page_229">229-30</a>.</span><br />
+<br />
+Gibbons <i>v.</i> Ogden, <a href="#Page_343">343-45</a>.<br />
+<br />
+Giles, William, resolution censuring Hamilton, <a href="#Page_66">66</a>;<br />
+<span style="margin-left: 1em;">on the reform of the judiciary, <a href="#Page_134">134-35</a>;</span><br />
+<span style="margin-left: 1em;">on impeachment, <a href="#Page_140">140</a>.</span><br />
+<br />
+Gray, Captain Robert, of the Columbia, <a href="#Page_47">47</a>.<br />
+<br />
+Great Britain, imposes restriction on American commerce, <a href="#Page_3">3</a>;<br />
+<span style="margin-left: 1em;">refuses commercial treaty, <a href="#Page_7">7</a>;</span><br />
+<span style="margin-left: 1em;">retains Western posts, <a href="#Page_7">7</a>;</span><br />
+<span style="margin-left: 1em;">Nootka Sound affair, <a href="#Page_69">69</a>;</span><br />
+<span style="margin-left: 1em;">policy in the Northwest, <a href="#Page_68">68-70</a>;</span><br />
+<span style="margin-left: 1em;">and the Rule of 1756, <a href="#Page_76">76-77</a>;</span><br />
+<span style="margin-left: 1em;">preys on neutral commerce, <a href="#Page_77">77-78</a>;</span><br />
+<span style="margin-left: 1em;">and the Jay Treaty, <a href="#Page_84">84-88</a>;</span><br />
+<span style="margin-left: 1em;">and the Blount conspiracy, <a href="#Page_97">97</a>;</span><br />
+<span style="margin-left: 1em;">and the case of the Essex, <a href="#Page_180">180</a>;</span><br />
+<span style="margin-left: 1em;">exercises right of search, <a href="#Page_182">182</a>;</span><br />
+<span style="margin-left: 1em;">condones impressment, <a href="#Page_182">182</a>;</span><br />
+<span class='pagenum'><a name="Page_vii" id="Page_vii">[Pg vii]</a></span><span style="margin-left: 1em;">evades reparation for the Chesapeake affair, <a href="#Page_186">186</a>;</span><br />
+<span style="margin-left: 1em;">demands recall of proclamation, <a href="#Page_186">186</a>;</span><br />
+<span style="margin-left: 1em;">retaliates for French decrees, <a href="#Page_188">188</a>;</span><br />
+<span style="margin-left: 1em;">and the embargo, <a href="#Page_191">191</a>;</span><br />
+<span style="margin-left: 1em;">repudiates Erskine Treaty, <a href="#Page_197">197</a>;</span><br />
+<span style="margin-left: 1em;">recalls Jackson, <a href="#Page_198">198</a>;</span><br />
+<span style="margin-left: 1em;">and the withdrawal of French decrees, <a href="#Page_200">200</a>;</span><br />
+<span style="margin-left: 1em;">offers reparation for the Chesapeake affair, <a href="#Page_201">201</a>;</span><br />
+<span style="margin-left: 1em;">blockades New York, <a href="#Page_201">201</a>;</span><br />
+<span style="margin-left: 1em;">incurs American hostility, <a href="#Page_208">208-10</a>;</span><br />
+<span style="margin-left: 1em;">withdraws orders in council, <a href="#Page_210">210</a>;</span><br />
+<span style="margin-left: 1em;">and the War of 1812, <a href="#Page_212">212-30</a>;</span><br />
+<span style="margin-left: 1em;">declines Russian mediation, <a href="#Page_227">227</a>;</span><br />
+<span style="margin-left: 1em;">negotiates for peace, <a href="#Page_227">227</a>;</span><br />
+<span style="margin-left: 1em;">concludes Treaty of Ghent, <a href="#Page_228">228-29</a>;</span><br />
+<span style="margin-left: 1em;">concludes Convention of 1818, <a href="#Page_259">259</a>;</span><br />
+<span style="margin-left: 1em;">aroused by Jackson's Florida campaign, <a href="#Page_262">262</a>;</span><br />
+<span style="margin-left: 1em;">and the European congresses, <a href="#Page_291">291</a>;</span><br />
+<span style="margin-left: 1em;">protests against intervention, <a href="#Page_292">292</a>;</span><br />
+<span style="margin-left: 1em;">overtures to the United States, <a href="#Page_292">292-94</a>.</span><br />
+<br />
+Green <i>v.</i> Biddle, <a href="#Page_340">340</a>.<br />
+<br />
+Greenville, Treaty of, <a href="#Page_87">87</a>;<br />
+<span style="margin-left: 1em;">disregarded by settlers, <a href="#Page_205">205</a>.</span><br />
+<br />
+Grenville, Lord, negotiates with Jay, <a href="#Page_79">79</a>, <a href="#Page_85">85</a>.<br />
+<br />
+Griswold, Roger, on the treaty-making power, <a href="#Page_90">90</a>;<br />
+<span style="margin-left: 1em;">and the project of a New England confederacy, <a href="#Page_164">164</a>;</span><br />
+<span style="margin-left: 1em;">on the office of Vice-President, <a href="#Page_167">167</a>.</span><br />
+<br />
+Grundy, Felix, <a href="#Page_207">207</a>.<br />
+<br />
+Guerri&egrave;re, British frigate, <a href="#Page_202">202</a>, <a href="#Page_215">215</a>.<br />
+<br />
+<br />
+Hamilton, Alexander, defends Waddington, <a href="#Page_4">4</a>;<br />
+<span style="margin-left: 1em;">drafts Annapolis report, <a href="#Page_28">28</a>;</span><br />
+<span style="margin-left: 1em;">on the opposition to the Constitution, <a href="#Page_41">41</a>;</span><br />
+<span style="margin-left: 1em;">contributes to the <i>Federalist</i> papers, <a href="#Page_43">43</a>;</span><br />
+<span style="margin-left: 1em;">and the bill to establish the Treasury Department, <a href="#Page_52">52</a>;</span><br />
+<span style="margin-left: 1em;">Secretary of the Treasury, <a href="#Page_54">54</a>;</span><br />
+<span style="margin-left: 1em;">first Report on the Public Credit, <a href="#Page_56">56-60</a>;</span><br />
+<span style="margin-left: 1em;">alleged deal with Jefferson, <a href="#Page_61">61-62</a>;</span><br />
+<span style="margin-left: 1em;">second Report, <a href="#Page_61">61-62</a>;</span><br />
+<span style="margin-left: 1em;">on the National Bank Bill, <a href="#Page_62">62-63</a>;</span><br />
+<span style="margin-left: 1em;">on the French treaties, <a href="#Page_73">73</a>;</span><br />
+<span style="margin-left: 1em;">defends Jay's Treaty, <a href="#Page_86">86</a>;</span><br />
+<span style="margin-left: 1em;">retires from the Treasury, <a href="#Page_89">89</a>;</span><br />
+<span style="margin-left: 1em;">and the Presidency, <a href="#Page_92">92</a>;</span><br />
+<span style="margin-left: 1em;">advises recall of Monroe, <a href="#Page_95">95</a>;</span><br />
+<span style="margin-left: 1em;">major-general, <a href="#Page_102">102</a>;</span><br />
+<span style="margin-left: 1em;">urges enforcement of Alien Act, <a href="#Page_113">113</a>;</span><br />
+<span style="margin-left: 1em;">hostility to John Adams, <a href="#Page_116">116</a>;</span><br />
+<span style="margin-left: 1em;">opposes Federalist alliance with Burr, <a href="#Page_165">165</a>;</span><br />
+<span style="margin-left: 1em;">duel with Burr, <a href="#Page_166">166</a>.</span><br />
+<br />
+Hard times, under the Confederation, <a href="#Page_2">2-3</a>;<br />
+<span style="margin-left: 1em;">in 1819-20, <a href="#Page_268">268-69</a>.</span><br />
+<br />
+Harmar, Fort, seat of government in the Northwest, <a href="#Page_14">14</a>.<br />
+<br />
+Harrisburg Convention, <a href="#Page_327">327-28</a>.<br />
+<br />
+Harrison, William Henry, concludes Indian treaties, <a href="#Page_205">205-06</a>;<br />
+<span style="margin-left: 1em;">wins battle of Tippecanoe, <a href="#Page_200">200</a>;</span><br />
+<span style="margin-left: 1em;">in the War of 1812, <a href="#Page_217">217-18</a>.</span><br />
+<br />
+Hartford Convention, origin of, <a href="#Page_224">224-25</a>;<br />
+<span style="margin-left: 1em;">journal of, <a href="#Page_225">225</a>;</span><br />
+<span style="margin-left: 1em;">report of, <a href="#Page_225">225-27</a>.</span><br />
+<br />
+Harvard College, <a href="#Page_287">287</a>.<br />
+<br />
+Hayne, Robert Y., on the Panama Mission, <a href="#Page_322">322-23</a>.<br />
+<br />
+Henry of Prussia, Prince, and the regency of the United States, <a href="#Page_24">24</a>.<br />
+<br />
+Hicks, Elias, <a href="#Page_288">288</a>.<br />
+<br />
+Holy Alliance, designs of the so-called, <a href="#Page_291">291</a>.<br />
+<br />
+Hopkinson, Joseph, <a href="#Page_101">101</a>.<br />
+<br />
+Horseshoe Bend, battle of, <a href="#Page_220">220</a>.<br />
+<br />
+Hudson's Bay Company, <a href="#Page_259">259</a>.<br />
+<br />
+Hull, Captain Isaac, captures the Guerri&egrave;re, <a href="#Page_215">215</a>.<br />
+<br />
+Hull, General William, surrenders Detroit, <a href="#Page_214">214</a>.<br />
+<br />
+<br />
+Ildefonso, Treaty of, <a href="#Page_146">146</a>.<br />
+<br />
+Illinois, settlement of, <a href="#Page_248">248</a>;<br />
+<span class='pagenum'><a name="Page_viii" id="Page_viii">[Pg viii]</a></span><span style="margin-left: 1em;">admitted as a State, <a href="#Page_251">251</a>.</span><br />
+<br />
+Immigration into the United States, <a href="#Page_245">245</a>.<br />
+<br />
+Impeachment, of Senator Blount, <a href="#Page_97">97</a>;<br />
+<span style="margin-left: 1em;">of Judge Pickering, <a href="#Page_138">138-39</a>;</span><br />
+<span style="margin-left: 1em;">of Justice Chase, <a href="#Page_139">139-41</a>.</span><br />
+<br />
+Impressment of American seamen, in 1793-94, <a href="#Page_77">77-78</a>;<br />
+<span style="margin-left: 1em;">not mentioned in the Jay Treaty, <a href="#Page_84">84-85</a>;</span><br />
+<span style="margin-left: 1em;">condoned by the British Admiralty, <a href="#Page_182">182</a>;</span><br />
+<span style="margin-left: 1em;">deeply resented in United States in 1806, <a href="#Page_183">183</a>;</span><br />
+<span style="margin-left: 1em;">abolition demanded by Monroe, <a href="#Page_186">186</a>;</span><br />
+<span style="margin-left: 1em;">as a cause of the War of 1812, <a href="#Page_209">209</a>;</span><br />
+<span style="margin-left: 1em;">in the negotiations at Ghent, 228</span><br />
+<span style="margin-left: 1em;">and the Treaty of Ghent, <a href="#Page_229">229-30</a>.</span><br />
+<br />
+Imprisonment for debt, <a href="#Page_269">269</a>.<br />
+<br />
+Indiana, settlement of, <a href="#Page_245">245</a>;<br />
+<span style="margin-left: 1em;">admitted as a State, <a href="#Page_251">251</a>.</span><br />
+<br />
+Indian Treaties in the Northwest, <a href="#Page_205">205-06</a>.<br />
+<br />
+Industry, during the Revolution, <a href="#Page_2">2</a>;<br />
+<span style="margin-left: 1em;">revival of, <a href="#Page_47">47</a>;</span><br />
+<span style="margin-left: 1em;">protection of, in the tariff of 1789, <a href="#Page_51">51</a>;</span><br />
+<span style="margin-left: 1em;">growth of, <a href="#Page_124">124</a>.</span><br />
+<span style="margin-left: 1em;"><i>See also</i> special industries, and Tariff Acts.</span><br />
+<br />
+Ingersoll, Jared, <a href="#Page_216">216</a>.<br />
+<br />
+Internal improvements, popular demand for, <a href="#Page_255">255</a>;<br />
+<span style="margin-left: 1em;">carried on by States, <a href="#Page_255">255-56</a>;</span><br />
+<span style="margin-left: 1em;">proposed by Gallatin in 1806, <a href="#Page_256">256</a>;</span><br />
+<span style="margin-left: 1em;">Calhoun's Bonus Bill, <a href="#Page_257">257</a>;</span><br />
+<span style="margin-left: 1em;">Madison on, <a href="#Page_257">257</a>;</span><br />
+<span style="margin-left: 1em;">Monroe on, <a href="#Page_258">258</a>;</span><br />
+<span style="margin-left: 1em;">in Congress, <a href="#Page_258">258</a>, <a href="#Page_309">309</a>;</span><br />
+<span style="margin-left: 1em;">Survey Bill, <a href="#Page_309">309</a>.</span><br />
+<br />
+Intervention of the Great Powers, in Italy, <a href="#Page_292">292</a>;<br />
+<span style="margin-left: 1em;">in Spain, <a href="#Page_292">292</a>.</span><br />
+<br />
+Irving, Washington, <a href="#Page_284">284</a>, <a href="#Page_285">285</a>.<br />
+<br />
+<br />
+Jackson, Andrew, wins battle of Horseshoe Bend, <a href="#Page_220">220</a>;<br />
+<span style="margin-left: 1em;">concludes treaty with the Creeks, <a href="#Page_220">220</a>;</span><br />
+<span style="margin-left: 1em;">wins the battle of New Orleans, <a href="#Page_227">227</a>;</span><br />
+<span style="margin-left: 1em;">invades East Florida, <a href="#Page_261">261-62</a>;</span><br />
+<span style="margin-left: 1em;">on precedent, <a href="#Page_268">268</a>;</span><br />
+<span style="margin-left: 1em;">on rotation in office, <a href="#Page_304">304</a>;</span><br />
+<span style="margin-left: 1em;">candidate for the Presidency (1824), <a href="#Page_307">307-08</a>;</span><br />
+<span style="margin-left: 1em;">favors Survey Bill, <a href="#Page_310">310</a>;</span><br />
+<span style="margin-left: 1em;">favors protective policy, <a href="#Page_312">312</a>;</span><br />
+<span style="margin-left: 1em;">his electoral vote (1824), <a href="#Page_312">312</a>;</span><br />
+<span style="margin-left: 1em;">his vote in the House election, <a href="#Page_314">314</a>;</span><br />
+<span style="margin-left: 1em;">and Clay, <a href="#Page_315">315</a>;</span><br />
+<span style="margin-left: 1em;">significance of his popular vote, <a href="#Page_316">316</a>;</span><br />
+<span style="margin-left: 1em;">candidate for the Presidency (1828), <a href="#Page_318">318</a>.</span><br />
+<br />
+Jackson, F. J., British Minister to United States, <a href="#Page_198">198</a>.<br />
+<br />
+Jacobinism, <a href="#Page_107">107</a>, <a href="#Page_114">114</a>, <a href="#Page_161">161</a>.<br />
+<br />
+Jay, John, diplomatic agent of United States, <a href="#Page_16">16</a>;<br />
+<span style="margin-left: 1em;">contributes to the <i>Federalist</i> papers, <a href="#Page_43">43</a>;</span><br />
+<span style="margin-left: 1em;">appointed Chief justice, <a href="#Page_54">54</a>;</span><br />
+<span style="margin-left: 1em;">envoy extraordinary to England, <a href="#Page_79">79</a>;</span><br />
+<span style="margin-left: 1em;">drafts treaty, <a href="#Page_84">84</a>;</span><br />
+<span style="margin-left: 1em;">declines appointment as Chief Justice, <a href="#Page_331">331-32</a>.</span><br />
+<br />
+Jay Treaty, negotiated, <a href="#Page_84">84</a>;<br />
+<span style="margin-left: 1em;">discussed in Senate, <a href="#Page_84">84-85</a>;</span><br />
+<span style="margin-left: 1em;">evaluation of, <a href="#Page_85">85-86</a>;</span><br />
+<span style="margin-left: 1em;">popular opinion of, <a href="#Page_86">86</a>;</span><br />
+<span style="margin-left: 1em;">amended in Senate, <a href="#Page_86">86-87</a>;</span><br />
+<span style="margin-left: 1em;">promulgated by President, <a href="#Page_88">88</a>;</span><br />
+<span style="margin-left: 1em;">debated in the House, <a href="#Page_90">90-91</a>;</span><br />
+<span style="margin-left: 1em;">gives offense to France, <a href="#Page_92">92-93</a>.</span><br />
+<br />
+Jefferson, Thomas, Ordinance of 1784, <a href="#Page_8">8</a>;<br />
+<span style="margin-left: 1em;">Secretary of State, <a href="#Page_54">54</a>;</span><br />
+<span style="margin-left: 1em;">on speculation in government paper, <a href="#Page_58">58</a>;</span><br />
+<span style="margin-left: 1em;">on assumption, <a href="#Page_60">60-61</a>;</span><br />
+<span style="margin-left: 1em;">on the excise, <a href="#Page_62">62</a>;</span><br />
+<span style="margin-left: 1em;">on the Bank Bill, <a href="#Page_62">62-63</a>;</span><br />
+<span style="margin-left: 1em;">his distrust of Hamilton, <a href="#Page_64">64</a>;</span><br />
+<span style="margin-left: 1em;">fears British designs on Louisiana, <a href="#Page_69">69</a>;</span><br />
+<span style="margin-left: 1em;">on the French treaties, <a href="#Page_73">73</a>;</span><br />
+<span style="margin-left: 1em;">proposes retaliatory legislation against England, <a href="#Page_78">78</a>;</span><br />
+<span style="margin-left: 1em;">candidate for the Presidency (1796), <a href="#Page_92">92</a>;</span><br />
+<span style="margin-left: 1em;">elected Vice-President, <a href="#Page_93">93</a>;</span><br />
+<span style="margin-left: 1em;">on war message of Adams, <a href="#Page_98">98</a>;</span><br />
+<span style="margin-left: 1em;">drafts Kentucky Resolutions, <a href="#Page_110">110</a>;</span><br />
+<span class='pagenum'><a name="Page_ix" id="Page_ix">[Pg ix]</a></span><span style="margin-left: 1em;">candidate for the Presidency (1800), <a href="#Page_110">110</a>;</span><br />
+<span style="margin-left: 1em;">directs political campaign of 1800, <a href="#Page_112">112</a>;</span><br />
+<span style="margin-left: 1em;">elected President, <a href="#Page_118">118</a>;</span><br />
+<span style="margin-left: 1em;">on the Revolution of 1800, <a href="#Page_119">119</a>;</span><br />
+<span style="margin-left: 1em;">personal appearance, <a href="#Page_128">128</a>;</span><br />
+<span style="margin-left: 1em;">on husbandry, <a href="#Page_128">128</a>;</span><br />
+<span style="margin-left: 1em;">on commerce and coercion, <a href="#Page_129">129</a>;</span><br />
+<span style="margin-left: 1em;">inaugural address, <a href="#Page_129">129-30</a>;</span><br />
+<span style="margin-left: 1em;">on the work of the general Government, <a href="#Page_130">130</a>;</span><br />
+<span style="margin-left: 1em;">and the patronage, <a href="#Page_131">131-33</a>;</span><br />
+<span style="margin-left: 1em;">mastery of Congress, 132, <a href="#Page_133">133-34</a>;</span><br />
+<span style="margin-left: 1em;">on retrenchment, <a href="#Page_132">132-33</a>;</span><br />
+<span style="margin-left: 1em;">on the judiciary, <a href="#Page_134">134-35</a>, <a href="#Page_141">141</a>, <a href="#Page_331">331</a>;</span><br />
+<span style="margin-left: 1em;">on impeachment, <a href="#Page_141">141</a>;</span><br />
+<span style="margin-left: 1em;">on the navy, <a href="#Page_143">143</a>;</span><br />
+<span style="margin-left: 1em;">on the retrocession of Louisiana, <a href="#Page_147">147</a>;</span><br />
+<span style="margin-left: 1em;">instructions to Livingston, <a href="#Page_148">148</a>;</span><br />
+<span style="margin-left: 1em;">his information about Louisiana, <a href="#Page_152">152</a>;</span><br />
+<span style="margin-left: 1em;">authorizes Lewis and Clark expedition, <a href="#Page_152">152</a>;</span><br />
+<span style="margin-left: 1em;">on the acquisition of Louisiana, <a href="#Page_153">153-54</a>;</span><br />
+<span style="margin-left: 1em;">on New England Federalism, <a href="#Page_162">162-63</a>;</span><br />
+<span style="margin-left: 1em;">re&euml;lected President (1804), <a href="#Page_167">167</a>;</span><br />
+<span style="margin-left: 1em;">attempts to acquire the Floridas, <a href="#Page_170">170-71</a>;</span><br />
+<span style="margin-left: 1em;">his proclamation against Burr, <a href="#Page_175">175</a>;</span><br />
+<span style="margin-left: 1em;">sends Pinkney to England, <a href="#Page_181">181</a>;</span><br />
+<span style="margin-left: 1em;">and the Chesapeake affair, <a href="#Page_186">186</a>;</span><br />
+<span style="margin-left: 1em;">recommends embargo, <a href="#Page_190">190</a>;</span><br />
+<span style="margin-left: 1em;">abdicates, <a href="#Page_194">194</a>;</span><br />
+<span style="margin-left: 1em;">favors protection of manufactures, <a href="#Page_236">236</a>;</span><br />
+<span style="margin-left: 1em;">on Canning's overtures, <a href="#Page_294">294</a>;</span><br />
+<span style="margin-left: 1em;">on internal improvements, <a href="#Page_319">319</a>.</span><br />
+<br />
+Johnson, R. M., <a href="#Page_271">271</a>.<br />
+<br />
+Judicial review, power of, <a href="#Page_4">4</a>, <a href="#Page_19">19</a>, <a href="#Page_137">137-38</a>.<br />
+<br />
+Judiciary Act, <i>of 1789</i>, passed, <a href="#Page_53">53-54</a>;<br />
+<span style="margin-left: 2em;">tested, <a href="#Page_335">335-37</a>;</span><br />
+<span style="margin-left: 1em;"><i>of 1801</i>, passed, <a href="#Page_121">121-22</a>;</span><br />
+<span style="margin-left: 2em;">repealed, <a href="#Page_134">134-35</a>.</span><br />
+<br />
+Judiciary, federal, organized, <a href="#Page_53">53-54</a>;<br />
+<span style="margin-left: 1em;">reorganized, <a href="#Page_121">121-22</a>;</span><br />
+<span style="margin-left: 1em;">and Republican reforms, <a href="#Page_134">134-35</a>;</span><br />
+<span style="margin-left: 1em;">feared by Jefferson, <a href="#Page_331">331</a>;</span><br />
+<span style="margin-left: 1em;">influence in 1800, <a href="#Page_331">331-32</a>;</span><br />
+<span style="margin-left: 1em;">controversy with Pennsylvania, <a href="#Page_333">333-35</a>;</span><br />
+<span style="margin-left: 1em;">controversy with Virginia, <a href="#Page_336">336-37</a>, <a href="#Page_338">338-39</a>;</span><br />
+<span style="margin-left: 1em;">expands the Constitution, <a href="#Page_341">341-45</a>;</span><br />
+<span style="margin-left: 1em;">nationalizing influence, <a href="#Page_345">345</a>.</span><br />
+<br />
+<br />
+Kent, James, on universal suffrage, <a href="#Page_305">305</a>;<br />
+<span style="margin-left: 1em;">his appointment to the Supreme Court urged, <a href="#Page_345">345</a>.</span><br />
+<br />
+Kentucky, separatist movement in, <a href="#Page_16">16</a>;<br />
+<span style="margin-left: 1em;">admitted as a State, <a href="#Page_55">55</a>;</span><br />
+<span style="margin-left: 1em;">intrigues in, <a href="#Page_68">68</a>;</span><br />
+<span style="margin-left: 1em;">radical legislation in, <a href="#Page_268">268</a>;</span><br />
+<span style="margin-left: 1em;">protests against the decision of court in Green <i>v.</i> Biddle, <a href="#Page_340">340</a>.</span><br />
+<br />
+King, Rufus, candidate for the Vice-Presidency, <a href="#Page_167">167</a>, <a href="#Page_194">194</a>;<br />
+<span style="margin-left: 1em;">elected Vice-President, <a href="#Page_244">244</a>;</span><br />
+<span style="margin-left: 1em;">on slavery in Missouri, <a href="#Page_277">277</a>.</span><br />
+<br />
+Kirby, Ephraim, <a href="#Page_332">332</a>.<br />
+<br />
+Knox, Henry, refuses to serve in the provisional army, <a href="#Page_10">10</a>;<br />
+<span style="margin-left: 1em;">Secretary of War, <a href="#Page_22">22</a>, <a href="#Page_55">55</a>;</span><br />
+<span style="margin-left: 1em;">and Shays' Rebellion, <a href="#Page_22">22</a>.</span><br />
+<br />
+Kremer, George, <a href="#Page_314">314</a>.<br />
+<br />
+<br />
+L'Ambuscade, French frigate, <a href="#Page_74">74</a>.<br />
+<br />
+Land Act of 1820, <a href="#Page_269">269</a>.<br />
+<br />
+Land Ordinance of 1785, <a href="#Page_10">10</a>.<br />
+<br />
+Lands, disposal of the public, <a href="#Page_10">10-12</a>, <a href="#Page_269">269-70</a>.<br />
+<br />
+Latrobe, Benjamin H., <a href="#Page_123">123</a>, <a href="#Page_236">236</a>.<br />
+<br />
+Leander, British frigate, <a href="#Page_181">181-82</a>.<br />
+<br />
+Leclerc, V. E., expedition against Santo Domingo, <a href="#Page_146">146-47</a>, <a href="#Page_149">149</a>.<br />
+<br />
+Lee, Henry, and the Whiskey Insurrection, <a href="#Page_83">83</a>.<br />
+<br />
+Leopard-Chesapeake affair, <a href="#Page_184">184-86</a>.<br />
+<br />
+Lewis and Clark expedition, <a href="#Page_152">152-53</a>.<br />
+<br />
+Lincoln, Abraham, father of, <a href="#Page_249">249</a>;<br />
+<span style="margin-left: 1em;">education of, <a href="#Page_303">303</a>.</span><br />
+<br />
+<span class='pagenum'><a name="Page_x" id="Page_x">[Pg x]</a></span>Lincoln, Levi, <a href="#Page_130">130-31</a>.<br />
+<br />
+L'Insurgente, French frigate, <a href="#Page_101">101</a>.<br />
+<br />
+Little Belt, British sloop-of-war, <a href="#Page_202">202</a>.<br />
+<br />
+Little Sarah affair, <a href="#Page_75">75</a>.<br />
+<br />
+Livingston, Robert, Minister to France, <a href="#Page_148">148-49</a>;<br />
+<span style="margin-left: 1em;">negotiates for Louisiana, <a href="#Page_150">150-51</a>;</span><br />
+<span style="margin-left: 1em;">on the bounds of Louisiana, 151, <a href="#Page_158">158-59</a>.</span><br />
+<br />
+Louisiana, Spanish province, threatened by France, <a href="#Page_71">71</a>;<br />
+<span style="margin-left: 1em;">retroceded to France, <a href="#Page_146">146</a>;</span><br />
+<span style="margin-left: 1em;">acquired by the United States, <a href="#Page_149">149-51</a>;</span><br />
+<span style="margin-left: 1em;">Senate opposition to, <a href="#Page_155">155-56</a>;</span><br />
+<span style="margin-left: 1em;">provision for the government of, <a href="#Page_156">156-58</a>;</span><br />
+<span style="margin-left: 1em;">transfer of, <a href="#Page_157">157</a>;</span><br />
+<span style="margin-left: 1em;">bounds of, <a href="#Page_158">158-59</a>;</span><br />
+<span style="margin-left: 1em;">western boundary settled, <a href="#Page_264">264</a>.</span><br />
+<br />
+Lowndes, William, <a href="#Page_307">307</a>.<br />
+<br />
+Lundy's Lane, battle of, <a href="#Page_220">220</a>.<br />
+<br />
+Lyon, Matthew, prosecution of, <a href="#Page_110">110</a>.<br />
+<br />
+<br />
+M'Culloch <i>v.</i> Maryland, <a href="#Page_268">268</a>, <a href="#Page_337">337-38</a>.<br />
+<br />
+Macdonough, Thomas, wins battle of Plattsburg, <a href="#Page_221">221-22</a>.<br />
+<br />
+McHenry, James, Secretary of War, <a href="#Page_101">101</a>, <a href="#Page_103">103</a>.<br />
+<br />
+Maclay, William, on the President's address, <a href="#Page_50">50</a>;<br />
+<span style="margin-left: 1em;">on the Judiciary Act, <a href="#Page_54">54</a>.</span><br />
+<br />
+Macon bills, <a href="#Page_199">199</a>.<br />
+<br />
+Macon, Nathaniel, Speaker of the House, <a href="#Page_133">133-34</a>;<br />
+<span style="margin-left: 1em;">on non-intercourse, <a href="#Page_199">199</a>.</span><br />
+<br />
+Madison, James, on affairs in Georgia, <a href="#Page_7">7</a>;<br />
+<span style="margin-left: 1em;">on state jealousies, <a href="#Page_8">8</a>;</span><br />
+<span style="margin-left: 1em;">in the Federal Convention, <a href="#Page_29">29-30</a>;</span><br />
+<span style="margin-left: 1em;">contributes to the <i>Federalist</i> papers, <a href="#Page_43">43</a>;</span><br />
+<span style="margin-left: 1em;">proposes constitutional amendments, <a href="#Page_55">55</a>;</span><br />
+<span style="margin-left: 1em;">on stock-jobbing, <a href="#Page_63">63-64</a>;</span><br />
+<span style="margin-left: 1em;">on Hamilton's financial policy, <a href="#Page_64">64</a>;</span><br />
+<span style="margin-left: 1em;">proposes retaliatory legislation (1793), <a href="#Page_78">78</a>;</span><br />
+<span style="margin-left: 1em;">drafts Virginia Resolutions, <a href="#Page_110">110-11</a>;</span><br />
+<span style="margin-left: 1em;">Secretary of State, <a href="#Page_130">130</a>;</span><br />
+<span style="margin-left: 1em;">on the Yazoo commission, <a href="#Page_169">169</a>;</span><br />
+<span style="margin-left: 1em;">favors peaceable coercion, <a href="#Page_180">180-81</a>;</span><br />
+<span style="margin-left: 1em;">on impressments, <a href="#Page_186">186</a>;</span><br />
+<span style="margin-left: 1em;">and George Rose, <a href="#Page_187">187</a>;</span><br />
+<span style="margin-left: 1em;">elected President, <a href="#Page_194">194</a>;</span><br />
+<span style="margin-left: 1em;">and Erskine, <a href="#Page_197">197</a>;</span><br />
+<span style="margin-left: 1em;">and Jackson, <a href="#Page_198">198</a>;</span><br />
+<span style="margin-left: 1em;">issues proclamation against England, <a href="#Page_200">200</a>;</span><br />
+<span style="margin-left: 1em;">authorizes occupation of West Florida, <a href="#Page_204">204</a>;</span><br />
+<span style="margin-left: 1em;">and the war party, <a href="#Page_208">208-09</a>;</span><br />
+<span style="margin-left: 1em;">recommends an embargo, <a href="#Page_209">209</a>;</span><br />
+<span style="margin-left: 1em;">his war message, <a href="#Page_209">209-10</a>;</span><br />
+<span style="margin-left: 1em;">his proclamation of war, <a href="#Page_210">210</a>;</span><br />
+<span style="margin-left: 1em;">re&euml;lected President (1812), <a href="#Page_216">216-17</a>;</span><br />
+<span style="margin-left: 1em;">and New England, <a href="#Page_223">223</a>, <a href="#Page_225">225</a>;</span><br />
+<span style="margin-left: 1em;">his estimate of the war, <a href="#Page_231">231-32</a>;</span><br />
+<span style="margin-left: 1em;">favors mild protection of industries, <a href="#Page_236">236</a>;</span><br />
+<span style="margin-left: 1em;">vetoes Bank Bill, <a href="#Page_239">239</a>;</span><br />
+<span style="margin-left: 1em;">signs second Bank Bill, <a href="#Page_239">239</a>;</span><br />
+<span style="margin-left: 1em;">message of 1815, <a href="#Page_241">241</a>;</span><br />
+<span style="margin-left: 1em;">his farewell address, <a href="#Page_243">243</a>, <a href="#Page_257">257</a>;</span><br />
+<span style="margin-left: 1em;">on Canning's overtures, <a href="#Page_294">294</a>.</span><br />
+<br />
+Magazines as literature, 1815-30, <a href="#Page_284">284</a>.<br />
+<br />
+Mahan, Admiral A. T., on the War of 1812, <a href="#Page_231">231</a>.<br />
+<br />
+Maine, the admission of, <a href="#Page_275">275-77</a>;<br />
+<span style="margin-left: 1em;">suffrage in, <a href="#Page_304">304</a>.</span><br />
+<br />
+Malbone, Edward G., <a href="#Page_286">286</a>.<br />
+<br />
+Manufactures, beginnings of, <a href="#Page_46">46</a>, <a href="#Page_124">124</a>.<br />
+<span style="margin-left: 1em;"><i>See</i> special industries.</span><br />
+<br />
+Marbury <i>v.</i> Madison, case of, <a href="#Page_136">136-37</a>;<br />
+<span style="margin-left: 1em;">constitutional importance of, <a href="#Page_333">333</a>.</span><br />
+<br />
+Marietta, founding of, <a href="#Page_13">13</a>.<br />
+<br />
+Marshall, John, on the Constitution as the expression of the will of the people, <a href="#Page_43">43</a>;<br />
+<span style="margin-left: 1em;">commissioner to France, <a href="#Page_96">96</a>;</span><br />
+<span style="margin-left: 1em;">and the X Y Z affair, <a href="#Page_98">98-100</a>;</span><br />
+<span style="margin-left: 1em;">appointed Chief Justice, <a href="#Page_136">136</a>;</span><br />
+<span style="margin-left: 1em;">and Jefferson, <a href="#Page_136">136</a>;</span><br />
+<span style="margin-left: 1em;">opinion in Marbury <i>v.</i> Madison, <a href="#Page_136">136-37</a>, <a href="#Page_333">333</a>;</span><br />
+<span class='pagenum'><a name="Page_xi" id="Page_xi">[Pg xi]</a></span><span style="margin-left: 1em;">at the trial of Burr, <a href="#Page_177">177-78</a>;</span><br />
+<span style="margin-left: 1em;">influence of, <a href="#Page_332">332-33</a>;</span><br />
+<span style="margin-left: 1em;">opinion in United States <i>v.</i> Peters, <a href="#Page_334">334</a>;</span><br />
+<span style="margin-left: 1em;">opinion in Cohens <i>v.</i> Virginia, <a href="#Page_336">336-37</a>;</span><br />
+<span style="margin-left: 1em;">opinion in M'Culloch <i>v.</i> Maryland, <a href="#Page_337">337-38</a>;</span><br />
+<span style="margin-left: 1em;">opinion in United States <i>v.</i> Fisher, <a href="#Page_338">338</a>;</span><br />
+<span style="margin-left: 1em;">opinion in American Insurance Company <i>v.</i> Canter, <a href="#Page_341">341-42</a>;</span><br />
+<span style="margin-left: 1em;">opinion in Fletcher <i>v.</i> Peck, <a href="#Page_342">342</a>;</span><br />
+<span style="margin-left: 1em;">opinion in Dartmouth College Case, <a href="#Page_342">342-43</a>;</span><br />
+<span style="margin-left: 1em;">opinion in Gibbons <i>v.</i> Ogden, <a href="#Page_343">343-45</a>.</span><br />
+<br />
+Martin, Luther, <a href="#Page_18">18</a>, <a href="#Page_177">177</a>.<br />
+<br />
+Martin <i>v.</i> Hunter's Lessee, <a href="#Page_335">335-36</a>.<br />
+<br />
+Maryland, commercial differences with Virginia, <a href="#Page_27">27-28</a>;<br />
+<span style="margin-left: 1em;">ratifies the Constitution, <a href="#Page_41">41</a>;</span><br />
+<span style="margin-left: 1em;">taxes branch bank, <a href="#Page_337">337</a>.</span><br />
+<br />
+Mason, George, <a href="#Page_34">34</a>.<br />
+<br />
+Massachusetts, disorders in, <a href="#Page_19">19-20</a>;<br />
+<span style="margin-left: 1em;">Shays' Rebellion, <a href="#Page_20">20-22</a>;</span><br />
+<span style="margin-left: 1em;">ratifies the Constitution, <a href="#Page_41">41</a>;</span><br />
+<span style="margin-left: 1em;">refuses call for militia, <a href="#Page_213">213</a>;</span><br />
+<span style="margin-left: 1em;">calls Hartford Convention, <a href="#Page_224">224</a>;</span><br />
+<span style="margin-left: 1em;">dispatches commissioners to Washington, <a href="#Page_227">227</a>;</span><br />
+<span style="margin-left: 1em;">suffrage in, <a href="#Page_305">305</a>.</span><br />
+<br />
+Mediterranean Fund, <a href="#Page_144">144</a>.<br />
+<br />
+Methodism, in New England, <a href="#Page_247">247</a>;<br />
+<span style="margin-left: 1em;">in the West, <a href="#Page_301">301-02</a>.</span><br />
+<br />
+Metternich, Prince, and the Holy Alliance, <a href="#Page_291">291-92</a>.<br />
+<br />
+Migration, inter-state, after the Revolution, <a href="#Page_13">13-14</a>;<br />
+<span style="margin-left: 1em;">after the War of 1812, <a href="#Page_246">246-47</a>.</span><br />
+<br />
+Milan Decree, issued by Napoleon, <a href="#Page_188">188</a>;<br />
+<span style="margin-left: 1em;">withdrawn, <a href="#Page_200">200</a>.</span><br />
+<br />
+Militia question, in Massachusetts, <a href="#Page_213">213</a>, <a href="#Page_223">223</a>.<br />
+<br />
+Miranda, Francisco, <a href="#Page_70">70</a>.<br />
+<br />
+Missionary enterprises, <a href="#Page_288">288</a>.<br />
+<br />
+Mississippi, admitted as a State, <a href="#Page_25">25</a>;<br />
+<span style="margin-left: 1em;">suffrage in, <a href="#Page_303">303</a>.</span><br />
+<br />
+Mississippi River, navigation of, <a href="#Page_16">16</a>, <a href="#Page_87">87</a>, <a href="#Page_229">229</a>.<br />
+<br />
+Missouri, admission as a State, <a href="#Page_277">277</a>, <a href="#Page_279">279</a>;<br />
+<span style="margin-left: 1em;">electoral vote in 1820, <a href="#Page_280">280</a>.</span><br />
+<br />
+Missouri Compromise, the, <a href="#Page_277">277</a>.<br />
+<br />
+Missouri controversy, political aspects, <a href="#Page_274">274-75</a>;<br />
+<span style="margin-left: 1em;">and public opinion, <a href="#Page_275">275</a>;</span><br />
+<span style="margin-left: 1em;">constitutional aspects, <a href="#Page_276">276-77</a>;</span><br />
+<span style="margin-left: 1em;">settlement, <a href="#Page_277">277</a>, <a href="#Page_279">279</a>.</span><br />
+<br />
+Monroe, James, Minister to France, <a href="#Page_94">94-95</a>;<br />
+<span style="margin-left: 1em;">recalled, <a href="#Page_95">95</a>;</span><br />
+<span style="margin-left: 1em;">and the purchase of Louisiana, <a href="#Page_149">149-50</a>;</span><br />
+<span style="margin-left: 1em;">Minister to England, <a href="#Page_183">183-84</a>;</span><br />
+<span style="margin-left: 1em;">candidate for the Presidency (1808), <a href="#Page_194">194</a>;</span><br />
+<span style="margin-left: 1em;">elected President (1816), <a href="#Page_244">244</a>;</span><br />
+<span style="margin-left: 1em;">on internal improvements, <a href="#Page_258">258</a>;</span><br />
+<span style="margin-left: 1em;">and General Jackson, <a href="#Page_260">260-63</a>;</span><br />
+<span style="margin-left: 1em;">re&euml;lected President (1820), <a href="#Page_280">280</a>;</span><br />
+<span style="margin-left: 1em;">on recognition of South American republics, <a href="#Page_290">290</a>;</span><br />
+<span style="margin-left: 1em;">on Canning's overtures, <a href="#Page_294">294</a>;</span><br />
+<span style="margin-left: 1em;">re-drafts message, <a href="#Page_295">295</a>;</span><br />
+<span style="margin-left: 1em;">message of 1823, <a href="#Page_295">295-96</a>;</span><br />
+<span style="margin-left: 1em;">vetoes Cumberland Road Bill, <a href="#Page_309">309</a>;</span><br />
+<span style="margin-left: 1em;">pardons Pennsylvania militiamen, <a href="#Page_334">334-35</a>.</span><br />
+<br />
+Monroe Doctrine, genesis of, <a href="#Page_289">289-95</a>;<br />
+<span style="margin-left: 1em;">in the President's message, <a href="#Page_295">295-96</a>;</span><br />
+<span style="margin-left: 1em;">Canning on, <a href="#Page_296">296</a>;</span><br />
+<span style="margin-left: 1em;">implications of, <a href="#Page_296">296-97</a>, <a href="#Page_322">322</a>.</span><br />
+<br />
+Moore, Thomas, on American letters, <a href="#Page_123">123</a>.<br />
+<br />
+Morfontaine, Treaty of, <a href="#Page_104">104</a>, <a href="#Page_146">146</a>.<br />
+<br />
+Mormonism, rise of, <a href="#Page_302">302</a>.<br />
+<br />
+Morris, Gouverneur, in Federal Convention, <a href="#Page_35">35-36</a>;<br />
+<span style="margin-left: 1em;">on the Constitution, <a href="#Page_331">331</a>.</span><br />
+<br />
+Morris, Robert, Superintendent of Finance, <a href="#Page_5">5</a>.<br />
+<br />
+<br />
+Napoleon Bonaparte, concludes convention with United States, <a href="#Page_146">146</a>;<br />
+<span style="margin-left: 1em;">acquires Louisiana, <a href="#Page_146">146</a>;</span><br />
+<span style="margin-left: 1em;">sends Leclerc against Santo Domingo, <a href="#Page_146">146</a>;</span><br />
+<span class='pagenum'><a name="Page_xii" id="Page_xii">[Pg xii]</a></span><span style="margin-left: 1em;">sells Louisiana to United States, <a href="#Page_149">149-50</a>;</span><br />
+<span style="margin-left: 1em;">his Berlin Decree, <a href="#Page_187">187</a>;</span><br />
+<span style="margin-left: 1em;">his Milan Decree, <a href="#Page_188">188</a>;</span><br />
+<span style="margin-left: 1em;">sequesters American vessels, <a href="#Page_189">189-200</a>;</span><br />
+<span style="margin-left: 1em;">and the embargo, <a href="#Page_191">191-92</a>;</span><br />
+<span style="margin-left: 1em;">revokes decrees, <a href="#Page_200">200</a>.</span><br />
+<br />
+<i>National Gazette</i>, Republican newspaper, <a href="#Page_65">65</a>.<br />
+<br />
+National Road, construction of, <a href="#Page_256">256</a>;<br />
+<span style="margin-left: 1em;">appropriations for, <a href="#Page_258">258</a>;</span><br />
+<span style="margin-left: 1em;">bill for collection of tolls on, <a href="#Page_309">309</a>.</span><br />
+<br />
+Naturalization Act, <i>of 1798</i>, <a href="#Page_109">109</a>;<br />
+<span style="margin-left: 1em;"><i>of 1801</i>, <a href="#Page_135">135-36</a>.</span><br />
+<br />
+Navigation laws, want of power in Congress to pass, <a href="#Page_7">7</a>;<br />
+<span style="margin-left: 1em;">of the States, <a href="#Page_8">8</a>;</span><br />
+<span style="margin-left: 1em;">passed by Congress (1789), <a href="#Page_51">51</a>;</span><br />
+<span style="margin-left: 1em;">and shipping, <a href="#Page_124">124</a>.</span><br />
+<br />
+Navy of the United States, in 1798-99, <a href="#Page_101">101</a>;<br />
+<span style="margin-left: 1em;">under Jefferson, <a href="#Page_133">133</a>;</span><br />
+<span style="margin-left: 1em;">in Tripolitan War, <a href="#Page_144">144-45</a>;</span><br />
+<span style="margin-left: 1em;">in the War of 1812, <a href="#Page_212">212-30</a>, <i>passim</i>.</span><br />
+<br />
+Navy Department, established, <a href="#Page_101">101</a>.<br />
+<br />
+Neutrality, proclamation of, <a href="#Page_72">72-73</a>.<br />
+<br />
+Neutral trade. <i>See</i> Commerce.<br />
+<br />
+New England Confederacy, projected in 1804, <a href="#Page_163">163-66</a>.<br />
+<br />
+New England Federalism, characteristics of, <a href="#Page_161">161-63</a>;<br />
+<span style="margin-left: 1em;">and the embargo, <a href="#Page_192">192-93</a>, <a href="#Page_195">195-96</a>.</span><br />
+<br />
+New Hampshire, ratifies the Constitution, <a href="#Page_41">41</a>;<br />
+<span style="margin-left: 1em;">on assumption, <a href="#Page_60">60</a>;</span><br />
+<span style="margin-left: 1em;">and the Hartford Convention, <a href="#Page_224">224</a>.</span><br />
+<br />
+New Jersey, and its neighbors under the Confederation, <a href="#Page_8">8</a>;<br />
+<span style="margin-left: 1em;">ratifies the Constitution, <a href="#Page_41">41</a>.</span><br />
+<br />
+New Orleans, battle of, <a href="#Page_227">227</a>.<br />
+<br />
+Newspapers, character of, in 1800, <a href="#Page_107">107</a>, <a href="#Page_110">110</a>, <a href="#Page_112">112</a>;<br />
+<span style="margin-left: 1em;">founding of, <a href="#Page_112">112</a>.</span><br />
+<br />
+New York, treatment of the Tories in, <a href="#Page_4">4</a>;<br />
+<span style="margin-left: 1em;">ratifies the Constitution, <a href="#Page_42">42-43</a>;</span><br />
+<span style="margin-left: 1em;">settlement of western, <a href="#Page_248">248</a>;</span><br />
+<span style="margin-left: 1em;">constitution of 1821, <a href="#Page_304">304-05</a>.</span><br />
+<br />
+New York City, and Western trade, <a href="#Page_255">255-56</a>;<br />
+<span style="margin-left: 1em;">as a literary center, <a href="#Page_286">286</a>.</span><br />
+<br />
+Nicholson, Joseph, and the impeachment of Pickering, <a href="#Page_139">139</a>;<br />
+<span style="margin-left: 1em;">on the nature of impeachable offenses, <a href="#Page_140">140</a>.</span><br />
+<br />
+Nominating methods, changes in, <a href="#Page_305">305</a>, <a href="#Page_307">307</a>, <a href="#Page_308">308</a>.<br />
+<br />
+Non-Importation Act of 1806, <a href="#Page_181">181</a>, <a href="#Page_188">188</a>.<br />
+<br />
+Non-Intercourse Act of 1809, <a href="#Page_196">196</a>;<br />
+<span style="margin-left: 1em;">evasions of, <a href="#Page_198">198-99</a>;</span><br />
+<span style="margin-left: 1em;">enforcement of, <a href="#Page_198">198-99</a>;</span><br />
+<span style="margin-left: 1em;">revived against England, <a href="#Page_201">201</a>.</span><br />
+<br />
+Nootka Sound affair, <a href="#Page_69">69</a>.<br />
+<br />
+<i>North American Review</i>, founded 283-84.<br />
+<br />
+North Carolina, and the Watauga settlers, <a href="#Page_14">14-15</a>;<br />
+<span style="margin-left: 1em;">rejects the Constitution, <a href="#Page_44">44</a>;</span><br />
+<span style="margin-left: 1em;">ratifies the Constitution, <a href="#Page_55">55</a>.</span><br />
+<br />
+Northwest, receives settlers from New England, <a href="#Page_13">13-14</a>, <a href="#Page_247">247</a>;<br />
+<span style="margin-left: 1em;">from the Middle States, <a href="#Page_248">248</a>;</span><br />
+<span style="margin-left: 1em;">from the South, <a href="#Page_248">248-49</a>;</span><br />
+<span style="margin-left: 1em;">commerce of, <a href="#Page_252">252-54</a>.</span><br />
+<br />
+<br />
+Ohio Company, origin of, <a href="#Page_10">10-11</a>;<br />
+<span style="margin-left: 1em;">concessions of Congress to, <a href="#Page_11">11-12</a>;</span><br />
+<span style="margin-left: 1em;">begins colonization, <a href="#Page_13">13</a>.</span><br />
+<br />
+Ohio, taxes branch Bank of the United States, <a href="#Page_268">268</a>;<br />
+<span style="margin-left: 1em;">seizes funds, <a href="#Page_340">340</a>;</span><br />
+<span style="margin-left: 1em;">forced to make restitution, <a href="#Page_341">341</a>.</span><br />
+<br />
+Olmstead, Gideon, claimant in federal courts, <a href="#Page_333">333-34</a>.<br />
+<br />
+Onis, Luis de, Spanish Minister to the United States, <a href="#Page_262">262-64</a>.<br />
+<br />
+Orders in council, <i>of 1783</i>, <a href="#Page_3">3</a>;<br />
+<span style="margin-left: 1em;"><i>of 1793-94</i>, <a href="#Page_77">77-78</a>;</span><br />
+<span style="margin-left: 1em;"><i>of 1807</i>, <a href="#Page_188">188</a>;</span><br />
+<span style="margin-left: 1em;">withdrawal in 1812, <a href="#Page_210">210</a>.</span><br />
+<br />
+Ordinance of 1784, <a href="#Page_9">9</a>;<br />
+<span style="margin-left: 1em;"><i>of 1785</i>, <a href="#Page_10">10</a>;</span><br />
+<span style="margin-left: 1em;"><i>of 1787</i>, <a href="#Page_12">12-13</a>.</span><br />
+<br />
+Oregon, joint occupation of, <a href="#Page_259">259</a>.<br />
+<br />
+<span class='pagenum'><a name="Page_xiii" id="Page_xiii">[Pg xiii]</a></span>Otis, Harrison Gray, <a href="#Page_225">225</a>.<br />
+<br />
+<br />
+Palfrey, John G., <a href="#Page_287">287</a>.<br />
+<br />
+Panama, Congress, invitation to, <a href="#Page_320">320-21</a>;<br />
+<span style="margin-left: 1em;">opposition in Congress to, <a href="#Page_322">322-23</a>;</span><br />
+<span style="margin-left: 1em;">fate of the mission, <a href="#Page_323">323</a>.</span><br />
+<br />
+Paper money, continental, <a href="#Page_5">5</a>;<br />
+<span style="margin-left: 1em;">state, <a href="#Page_17">17-18</a>.</span><br />
+<br />
+Paris, Treaty of, aftermath of, <a href="#Page_1">1-2</a>.<br />
+<br />
+Parsons, Samuel, <a href="#Page_11">11</a>.<br />
+<br />
+Party, deprecated by Washington, <a href="#Page_108">108</a>;<br />
+<span style="margin-left: 1em;">identified with faction, <a href="#Page_108">108-09</a>;</span><br />
+<span style="margin-left: 1em;">rights of, in opposition, <a href="#Page_114">114</a>;</span><br />
+<span style="margin-left: 1em;">place of, in popular government, <a href="#Page_119">119</a>.</span><br />
+<br />
+Party organization, <a href="#Page_107">107</a>, <a href="#Page_305">305</a>, <a href="#Page_307">307</a>.<br />
+<br />
+Pasha of Tripoli, <a href="#Page_143">143</a>, <a href="#Page_145">145</a>.<br />
+<br />
+Paterson, William, in the Federal Convention, <a href="#Page_31">31-32</a>.<br />
+<br />
+Patronage. <i>See</i> Appointments.<br />
+<br />
+Pennsylvania, and the Federal judiciary, <a href="#Page_333">333-35</a>.<br />
+<br />
+Perry, Oliver H., wins naval supremacy of Lake Erie, <a href="#Page_217">217</a>.<br />
+<br />
+Philadelphia, as the seat of government, <a href="#Page_119">119-20</a>;<br />
+<span style="margin-left: 1em;">as a literary center, <a href="#Page_123">123</a>;</span><br />
+<span style="margin-left: 1em;">and Western trade, <a href="#Page_254">254</a>, <a href="#Page_256">256</a>.</span><br />
+<br />
+Pickering, John, impeachment of, <a href="#Page_138">138-39</a>.<br />
+<br />
+Pickering, Timothy, Secretary of State, <a href="#Page_103">103</a>, <a href="#Page_113">113</a>;<br />
+<span style="margin-left: 1em;">on the Louisiana Treaty, <a href="#Page_156">156</a>;</span><br />
+<span style="margin-left: 1em;">plots a New England confederacy, <a href="#Page_164">164</a>;</span><br />
+<span style="margin-left: 1em;">opposes the embargo, <a href="#Page_193">193</a>;</span><br />
+<span style="margin-left: 1em;">secessionist in 1814, <a href="#Page_225">225</a>.</span><br />
+<br />
+Pike, Zebulon M., expeditions of, <a href="#Page_153">153</a>.<br />
+<br />
+Pinckney, Charles, and the election of 1800, <a href="#Page_117">117</a>.<br />
+<br />
+Pinckney, Charles C, Minister to France, <a href="#Page_95">95</a>;<br />
+<span style="margin-left: 1em;">commissioner to France, <a href="#Page_96">96</a>;</span><br />
+<span style="margin-left: 1em;">and the X Y Z affair, <a href="#Page_98">98-99</a>;</span><br />
+<span style="margin-left: 1em;">appointed major-general, <a href="#Page_102">102</a>;</span><br />
+<span style="margin-left: 1em;">candidate for the Vice-Presidency (1800), <a href="#Page_116">116</a>;</span><br />
+<span style="margin-left: 1em;">candidate for the Presidency (1804), <a href="#Page_167">167</a>;</span><br />
+<span style="margin-left: 1em;">candidate for the Presidency (1808), <a href="#Page_194">194</a>.</span><br />
+<br />
+Pinckney, Thomas, concludes Treaty of San Lorenzo, <a href="#Page_87">87</a>;<br />
+<span style="margin-left: 1em;">candidate for the Vice-Presidency (1800), <a href="#Page_92">92-93</a>.</span><br />
+<br />
+Pinkney, William, Envoy to England, <a href="#Page_181">181</a>;<br />
+<span style="margin-left: 1em;">negotiates treaty, <a href="#Page_184">184</a>;</span><br />
+<span style="margin-left: 1em;">takes abrupt leave, <a href="#Page_201">201</a>;</span><br />
+<span style="margin-left: 1em;">on the admission of Missouri, <a href="#Page_276">276-77</a>;</span><br />
+<span style="margin-left: 1em;">influence at the federal bar, <a href="#Page_333">333</a>.</span><br />
+<br />
+Pittsburg, distributing center in the West, <a href="#Page_254">254</a>.<br />
+<br />
+Plattsburg, battle of, <a href="#Page_221">221-22</a>.<br />
+<br />
+<i>Port Folio</i>, Dennie's, <a href="#Page_283">283</a>.<br />
+<br />
+Postal service in 1800, <a href="#Page_106">106</a>.<br />
+<br />
+Posts, retention of Western, <a href="#Page_17">17</a>, <a href="#Page_68">68</a>, <a href="#Page_79">79</a>, <a href="#Page_84">84</a>.<br />
+<br />
+Potomac, navigation of, <a href="#Page_16">16</a>, <a href="#Page_27">27-28</a>;<br />
+<span style="margin-left: 1em;">location of the capital on, <a href="#Page_60">60-61</a>.</span><br />
+<br />
+Preble, Edward, and the Tripolitan War, <a href="#Page_145">145</a>.<br />
+<br />
+Prescott, William H., <a href="#Page_287">287</a>.<br />
+<br />
+Presidency, created in the Federal Convention, <a href="#Page_34">34-35</a>.<br />
+<br />
+President, appointing and removing power of, <a href="#Page_52">52</a>.<br />
+<br />
+President, American frigate, <a href="#Page_202">202</a>.<br />
+<br />
+Presidential elections, <i>of 1788</i>, <a href="#Page_48">48</a>;<br />
+<span style="margin-left: 1em;"><i>of 1792</i>, <a href="#Page_66">66-67</a>;</span><br />
+<span style="margin-left: 1em;"><i>of 1796</i>, <a href="#Page_92">92-94</a>;</span><br />
+<span style="margin-left: 1em;"><i>of 1800</i>, <a href="#Page_115">115-17</a>;</span><br />
+<span style="margin-left: 1em;"><i>of 1801</i>, <a href="#Page_118">118-19</a>;</span><br />
+<span style="margin-left: 1em;"><i>of 1804</i>, <a href="#Page_167">167</a>;</span><br />
+<span style="margin-left: 1em;"><i>of 1808</i>, <a href="#Page_193">193-94</a>;</span><br />
+<span style="margin-left: 1em;"><i>of 1812</i>, <a href="#Page_216">216-17</a>;</span><br />
+<span style="margin-left: 1em;"><i>of 1816</i>, <a href="#Page_243">243-44</a>;</span><br />
+<span style="margin-left: 1em;"><i>of 1820</i>, <a href="#Page_280">280</a>;</span><br />
+<span style="margin-left: 1em;"><i>of 1824</i>, <a href="#Page_312">312-13</a>, <a href="#Page_316">316</a>;</span><br />
+<span style="margin-left: 1em;"><i>of 1825</i>, <a href="#Page_314">314</a>.</span><br />
+<br />
+Prevost, Sir George, <a href="#Page_221">221-22</a>.<br />
+<br />
+Privateers, in the War of 1812, <a href="#Page_218">218-19</a>.<br />
+<br />
+Prophet, the, <a href="#Page_205">205</a>.<br />
+<br />
+Public domain, origin of, <a href="#Page_8">8</a>.<br />
+<br />
+<br />
+<span class='pagenum'><a name="Page_xiv" id="Page_xiv">[Pg xiv]</a></span>Quids, followers of Randolph, <a href="#Page_170">170</a>.<br />
+<br />
+<br />
+Rambouillet, decree of, <a href="#Page_199">199-200</a>.<br />
+<br />
+Randolph, Edmund, in the Federal Convention, <a href="#Page_30">30-31</a>;<br />
+<span style="margin-left: 1em;">Attorney-General, <a href="#Page_55">55</a>;</span><br />
+<span style="margin-left: 1em;">on the French treaties of 1778, <a href="#Page_73">73</a>.</span><br />
+<br />
+Randolph, John, position in the House, <a href="#Page_134">134</a>;<br />
+<span style="margin-left: 1em;">in the Chase impeachment, <a href="#Page_139">139-41</a>;</span><br />
+<span style="margin-left: 1em;">and the Yazoo controversy, <a href="#Page_169">169-70</a>;</span><br />
+<span style="margin-left: 1em;">and the purchase of Florida, <a href="#Page_171">171</a>;</span><br />
+<span style="margin-left: 1em;">and the indictment of Burr, <a href="#Page_177">177</a>;</span><br />
+<span style="margin-left: 1em;">derides the Non-Importation Bill, <a href="#Page_181">181</a>;</span><br />
+<span style="margin-left: 1em;">on the cause of the War of 1812, <a href="#Page_213">213</a>;</span><br />
+<span style="margin-left: 1em;">on the Tariff of 1816, <a href="#Page_237">237</a>;</span><br />
+<span style="margin-left: 1em;">on state rights, <a href="#Page_243">243</a>;</span><br />
+<span style="margin-left: 1em;">on the Tariff of 1828, <a href="#Page_330">330</a>.</span><br />
+<br />
+Rapp, George, <a href="#Page_302">302</a>.<br />
+<br />
+Relief Act of 1821, <a href="#Page_269">269</a>.<br />
+<br />
+Republican court at Philadelphia, <a href="#Page_119">119-20</a>.<br />
+<br />
+Republican party, origin of, <a href="#Page_64">64-67</a>.<br />
+<span style="margin-left: 1em;"><i>See also</i> Presidential elections.</span><br />
+<br />
+Revivals in New England, <a href="#Page_288">288</a>.<br />
+<br />
+Rhea letter to General Jackson, <a href="#Page_261">261</a>.<br />
+<br />
+Rhode Island, opposes changes in the Articles of Confederation, <a href="#Page_6">6</a>;<br />
+<span style="margin-left: 1em;">paper money craze, <a href="#Page_18">18-19</a>;</span><br />
+<span style="margin-left: 1em;">out of the new Union, <a href="#Page_44">44</a>;</span><br />
+<span style="margin-left: 1em;">ratifies the Constitution, <a href="#Page_55">55</a>;</span><br />
+<span style="margin-left: 1em;">and the Hartford Convention, <a href="#Page_224">224</a>.</span><br />
+<br />
+Right of deposit at New Orleans, <a href="#Page_87">87</a>;<br />
+<span style="margin-left: 1em;">withdrawn, <a href="#Page_148">148</a>.</span><br />
+<br />
+Roane, Spencer, resists judgment in the case of Martin <i>v.</i> Hunter's Lessee, <a href="#Page_336">336</a>;<br />
+<span style="margin-left: 1em;">attacks the federal judiciary, <a href="#Page_338">338-39</a>.</span><br />
+<br />
+Robertson, James, <a href="#Page_14">14</a>, <a href="#Page_68">68</a>.<br />
+<br />
+Rodgers, John, <a href="#Page_201">201</a>, <a href="#Page_202">202</a>.<br />
+<br />
+Rose, George, <a href="#Page_186">186-87</a>.<br />
+<br />
+Rule of 1756, <a href="#Page_76">76-77</a>, <a href="#Page_179">179-80</a>.<br />
+<br />
+Rush, Benjamin, Minister to England, <a href="#Page_259">259</a>;<br />
+<span style="margin-left: 1em;">Canning's overtures to, <a href="#Page_294">294</a>.</span><br />
+<br />
+Russell, Jonathan, commissioner at Ghent, <a href="#Page_227">227</a>.<br />
+<br />
+Russia, offers to mediate in 1813, <a href="#Page_227">227</a>;<br />
+<span style="margin-left: 1em;">and the Holy Alliance, <a href="#Page_291">291</a>;</span><br />
+<span style="margin-left: 1em;">and intervention, <a href="#Page_292">292</a>;</span><br />
+<span style="margin-left: 1em;">claims on the Pacific Coast, <a href="#Page_293">293</a>;</span><br />
+<span style="margin-left: 1em;">concludes the Treaty of 1824, <a href="#Page_296">296</a>.</span><br />
+<br />
+Rutgers <i>v.</i> Waddington, <a href="#Page_4">4</a>.<br />
+<br />
+Rutledge, John, <a href="#Page_54">54</a>.<br />
+<br />
+<br />
+St. Clair, Arthur, Governor of Northwest Territory, <a href="#Page_14">14</a>;<br />
+<span style="margin-left: 1em;">defeated by the Indians, <a href="#Page_70">70</a>.</span><br />
+<br />
+San Lorenzo, Treaty of, <a href="#Page_87">87</a>.<br />
+<br />
+Santo Domingo, negro republic, <a href="#Page_146">146</a>;<br />
+<span style="margin-left: 1em;">resists French expedition, <a href="#Page_146">146-47</a>.</span><br />
+<br />
+Scioto Company, land grants to, <a href="#Page_11">11-12</a>.<br />
+<br />
+Scott, Winfield, <a href="#Page_220">220</a>.<br />
+<br />
+Sedition Act, prosecutions under, <a href="#Page_114">114</a>.<br />
+<br />
+Seminole War, <a href="#Page_260">260-262</a>.<br />
+<br />
+Sevier, John, <a href="#Page_15">15</a>, <a href="#Page_68">68</a>.<br />
+<br />
+Shaker Societies, <a href="#Page_302">302</a>.<br />
+<br />
+Shays' Rebellion, <a href="#Page_20">20-22</a>.<br />
+<br />
+Shipping, of the United States, during the European wars, <a href="#Page_124">124</a>, <a href="#Page_126">126</a>;<br />
+<span style="margin-left: 1em;">after the Treaty of Ghent, <a href="#Page_234">234</a>.</span><br />
+<br />
+Simcoe, J. G., <a href="#Page_80">80</a>.<br />
+<br />
+Slater, Samuel, <a href="#Page_124">124</a>.<br />
+<br />
+Slavery, debated in Congress, <a href="#Page_270">270-271</a>, <a href="#Page_277">277</a>;<br />
+<span style="margin-left: 1em;">in Missouri, <a href="#Page_270">270</a>;</span><br />
+<span style="margin-left: 1em;">extent in 1789, <a href="#Page_271">271-272</a>;</span><br />
+<span style="margin-left: 1em;">decrease in North, <a href="#Page_272">272</a>;</span><br />
+<span style="margin-left: 1em;">recognized by the Constitution, <a href="#Page_272">272-73</a>;</span><br />
+<span style="margin-left: 1em;">congressional legislation on, <a href="#Page_273">273-74</a>;</span><br />
+<span style="margin-left: 1em;">and the Missouri Compromise, <a href="#Page_277">277</a>.</span><br />
+<br />
+Slave trade, acts relating to, <a href="#Page_273">273</a>;<br />
+<span style="margin-left: 1em;">extent of, <a href="#Page_273">273</a>;</span><br />
+<span style="margin-left: 1em;">forbidden by the Act of 1807, <a href="#Page_273">273-74</a>;</span><br />
+<span style="margin-left: 1em;">extent of, after 1808, <a href="#Page_274">274</a>.</span><br />
+<br />
+Smith, Joseph, <a href="#Page_302">302</a>.<br />
+<br />
+Smith, Robert, <a href="#Page_140">140</a>, <a href="#Page_198">198</a>.<br />
+<br />
+<span class='pagenum'><a name="Page_xv" id="Page_xv">[Pg xv]</a></span>Smith, William, <a href="#Page_105">105</a>.<br />
+<br />
+Somers, Richard, <a href="#Page_145">145</a>.<br />
+<br />
+South, effect of cotton gin upon, <a href="#Page_250">250</a>;<br />
+<span style="margin-left: 1em;">extention of cotton growing in, <a href="#Page_251">251-52</a>;</span><br />
+<span style="margin-left: 1em;">becomes the market for Northwest, <a href="#Page_252">252-53</a>.</span><br />
+<br />
+South American republics, recognition of, <a href="#Page_289">289-91</a>.<br />
+<br />
+South Carolina, ratifies the Constitution, <a href="#Page_41">41</a>.<br />
+<br />
+Southwest, colonization of, <a href="#Page_14">14-15</a>, <a href="#Page_249">249-52</a>;<br />
+<span style="margin-left: 1em;">commerce of, <a href="#Page_15">15-16</a>;</span><br />
+<span style="margin-left: 1em;">a frontier society, <a href="#Page_251">251-52</a>;</span><br />
+<span style="margin-left: 1em;">diverges from Northwest, <a href="#Page_252">252</a>.</span><br />
+<br />
+Spain, disputes the line of 1783, <a href="#Page_16">16-17</a>;<br />
+<span style="margin-left: 1em;">in the Southwest, <a href="#Page_68">68</a>, <a href="#Page_70">70</a>;</span><br />
+<span style="margin-left: 1em;">concludes Treaty of San Lorenzo, <a href="#Page_87">87</a>;</span><br />
+<span style="margin-left: 1em;">withholds posts, <a href="#Page_97">97</a>;</span><br />
+<span style="margin-left: 1em;">cedes Louisiana to France, <a href="#Page_146">146</a>;</span><br />
+<span style="margin-left: 1em;">retains the Floridas, <a href="#Page_159">159</a>;</span><br />
+<span style="margin-left: 1em;">menaced by the United States, <a href="#Page_170">170-72</a>;</span><br />
+<span style="margin-left: 1em;">threatens hostilities, <a href="#Page_173">173-74</a>;</span><br />
+<span style="margin-left: 1em;">in East Florida, <a href="#Page_260">260</a>;</span><br />
+<span style="margin-left: 1em;">protests against Jackson's invasion, <a href="#Page_262">262</a>;</span><br />
+<span style="margin-left: 1em;">cedes the Floridas to the United States, <a href="#Page_264">264</a>;</span><br />
+<span style="margin-left: 1em;">loses her American colonies, <a href="#Page_289">289-90</a>;</span><br />
+<span style="margin-left: 1em;">invaded by France, <a href="#Page_292">292</a>.</span><br />
+<br />
+Specie payment, suspension of, <a href="#Page_239">239</a>;<br />
+<span style="margin-left: 1em;">resumption of, <a href="#Page_240">240-41</a>.</span><br />
+<br />
+Speculation, in Western lands, <a href="#Page_10">10-12</a>, <a href="#Page_26">26-27</a>;<br />
+<span style="margin-left: 1em;">in government paper, <a href="#Page_58">58</a>;</span><br />
+<span style="margin-left: 1em;">in bank stock, <a href="#Page_63">63-64</a>.</span><br />
+<br />
+Squatter, the, <a href="#Page_251">251-52</a>.<br />
+<br />
+State banks, increase of, <a href="#Page_239">239</a>;<br />
+<span style="margin-left: 1em;">notes of, <a href="#Page_266">266</a>.</span><br />
+<br />
+Steamboat, on Western waters, <a href="#Page_253">253-54</a>.<br />
+<br />
+Story, Joseph, and Marshall, <a href="#Page_333">333</a>;<br />
+<span style="margin-left: 1em;">appointed Associate Justice, <a href="#Page_335">335</a>;</span><br />
+<span style="margin-left: 1em;">on criticism of the judiciary, <a href="#Page_339">339-40</a>;</span><br />
+<span style="margin-left: 1em;">opinion in Martin <i>v.</i> Hunter's Lessee, <a href="#Page_335">335-36</a>.</span><br />
+<br />
+Stuart, Gilbert, <a href="#Page_285">285</a>.<br />
+<br />
+Supreme Court. <i>See</i> Federal judiciary.<br />
+<br />
+Survey Bill, vote in Congress on, <a href="#Page_309">309</a>.<br />
+<br />
+Symmes, John C., land grants to, <a href="#Page_11">11</a>, <a href="#Page_12">12</a>;<br />
+<span style="margin-left: 1em;">begins colony, <a href="#Page_14">14</a>.</span><br />
+<br />
+<br />
+Talleyrand-P&eacute;rigord, C. M., urges acquisition of Louisiana, <a href="#Page_98">98</a>;<br />
+<span style="margin-left: 1em;">and the X Y Z affair, <a href="#Page_98">98-99</a>;</span><br />
+<span style="margin-left: 1em;">to the American commissioners, <a href="#Page_100">100</a>;</span><br />
+<span style="margin-left: 1em;">and the retrocession of Louisiana, <a href="#Page_146">146</a>;</span><br />
+<span style="margin-left: 1em;">and the cession of Louisiana to the United States, <a href="#Page_149">149-50</a>;</span><br />
+<span style="margin-left: 1em;">on the boundaries of the province, <a href="#Page_159">159</a>.</span><br />
+<br />
+Tallmadge, James, <a href="#Page_270">270</a>, <a href="#Page_271">271</a>.<br />
+<br />
+Tariff Act, <i>of 1789</i>, <a href="#Page_50">50-51</a>;<br />
+<span style="margin-left: 1em;"><i>of 1816</i>, <a href="#Page_237">237-38</a>;</span><br />
+<span style="margin-left: 1em;"><i>of 1824</i>, <a href="#Page_310">310-13</a>;</span><br />
+<span style="margin-left: 1em;"><i>of 1828</i>, <a href="#Page_328">328-30</a>;</span><br />
+<br />
+Tariff of Abominations. <i>See</i> Tariff Act, of 1828.<br />
+<br />
+Taylor, John, on agriculture at the South, <a href="#Page_126">126</a>;<br />
+<span style="margin-left: 1em;">on the Louisiana Treaty, <a href="#Page_156">156</a>;</span><br />
+<span style="margin-left: 1em;">on state rights, <a href="#Page_339">339</a>.</span><br />
+<br />
+Taylor, John W., <a href="#Page_271">271</a>.<br />
+<br />
+Tecumseh, <a href="#Page_205">205</a>, <a href="#Page_218">218</a>, <a href="#Page_219">219</a>.<br />
+<br />
+Tennessee, settlement of, <a href="#Page_14">14</a>;<br />
+<span style="margin-left: 1em;">intrigues in, <a href="#Page_68">68</a>;</span><br />
+<span style="margin-left: 1em;">admitted as a State, <a href="#Page_92">92</a>.</span><br />
+<br />
+Thames, battle of the, <a href="#Page_218">218</a>.<br />
+<br />
+Thomas, Jesse B., <a href="#Page_275">275-76</a>.<br />
+<br />
+Ticknor, George, <a href="#Page_287">287</a>.<br />
+<br />
+Tippecanoe, battle of, <a href="#Page_206">206</a>.<br />
+<br />
+Tocqueville, De, on equality in America, <a href="#Page_300">300</a>;<br />
+<span style="margin-left: 1em;">on the character of Western society, <a href="#Page_301">301</a>.</span><br />
+<br />
+Tonnage dues, <a href="#Page_51">51</a>, <a href="#Page_124">124</a>.<br />
+<br />
+Tories, persecution of, <a href="#Page_3">3-5</a>.<br />
+<br />
+Toussaint L'Ouverture, <a href="#Page_146">146</a>.<br />
+<br />
+Tracy, Uriah, on the Louisiana Treaty, <a href="#Page_155">155-56</a>;<br />
+<span style="margin-left: 1em;">on a New England confederacy, <a href="#Page_164">164</a>.</span><br />
+<br />
+Trade. <i>See</i> Commerce.<br />
+<br />
+Transportation, in 1800, <a href="#Page_105">105</a>.<br />
+<span class='pagenum'><a name="Page_xvi" id="Page_xvi">[Pg xvi]</a></span><span style="margin-left: 1em;"><i>See also</i> National Road, Canals, Internal improvements, etc.</span><br />
+<br />
+Travel, difficulties of, about 1800, <a href="#Page_105">105-06</a>;<br />
+<span style="margin-left: 1em;">improvement after the War of 1812, <a href="#Page_255">255</a>.</span><br />
+<br />
+Treasury, Secretary of, bill to establish, <a href="#Page_52">52</a>;<br />
+<span style="margin-left: 1em;">reports of, <a href="#Page_56">56-62</a>.</span><br />
+<br />
+Treaty-making power, debated in House, <a href="#Page_90">90-91</a>.<br />
+<br />
+Treaty of Paris (1783), <a href="#Page_1">1</a>;<br />
+<span style="margin-left: 2em;">(1794), <a href="#Page_84">84-88</a>;</span><br />
+<span style="margin-left: 1em;">of Greenville (1795), <a href="#Page_87">87</a>;</span><br />
+<span style="margin-left: 1em;">of San Lorenzo (1795), <a href="#Page_87">87-88</a>;</span><br />
+<span style="margin-left: 1em;">of Morfontaine (1800), <a href="#Page_104">104</a>, <a href="#Page_146">146</a>;</span><br />
+<span style="margin-left: 1em;">of Louisiana (1803), <a href="#Page_150">150</a>;</span><br />
+<span style="margin-left: 1em;">with Tripoli (1805), <a href="#Page_145">145</a>;</span><br />
+<span style="margin-left: 2em;">(1806), <a href="#Page_184">184</a>;</span><br />
+<span style="margin-left: 2em;">(1809), <a href="#Page_197">197</a>;</span><br />
+<span style="margin-left: 1em;">of Ghent (1814), <a href="#Page_229">229-30</a>;</span><br />
+<span style="margin-left: 1em;">with Spain (1819), <a href="#Page_264">264</a>.</span><br />
+<br />
+Trespass Act of New York, <a href="#Page_4">4</a>.<br />
+<br />
+Trevett <i>v.</i> Weeden, <a href="#Page_19">19</a>.<br />
+<br />
+Tripolitan War, <a href="#Page_143">143-45</a>.<br />
+<br />
+Troup, George M., <a href="#Page_325">325-26</a>.<br />
+<br />
+Trumbull, John, <a href="#Page_236">236-37</a>, <a href="#Page_286">286</a>.<br />
+<br />
+Tudor, William, <a href="#Page_283">283</a>.<br />
+<br />
+Turnpikes, construction of, <a href="#Page_255">255</a>.<br />
+<br />
+<br />
+Unitarianism, rise of, <a href="#Page_287">287-88</a>.<br />
+<br />
+United States, frigate, <a href="#Page_215">215</a>.<br />
+<br />
+<i>United States Gazette</i>, Federalist newspaper, <a href="#Page_66">66</a>.<br />
+<br />
+United States <i>v.</i> Peters, <a href="#Page_333">333-34</a>.<br />
+<br />
+Universalism, rise of, <a href="#Page_288">288</a>.<br />
+<br />
+<br />
+Van Buren, Martin, <a href="#Page_243">243-44</a>, <a href="#Page_316">316</a>, <a href="#Page_323">323</a>.<br />
+<br />
+Vans Murray, William, <a href="#Page_103">103</a>.<br />
+<br />
+Vermont, admitted as a State, <a href="#Page_55">55</a>;<br />
+<span style="margin-left: 1em;">refuses the call for militia, <a href="#Page_224">224</a>;</span><br />
+<span style="margin-left: 1em;">and the Hartford Convention, <a href="#Page_224">224</a>.</span><br />
+<br />
+Virginia and Kentucky Resolutions, <a href="#Page_110">110-12</a>.<br />
+<br />
+Virginia, commercial difficulties with Maryland, <a href="#Page_27">27-28</a>;<br />
+<span style="margin-left: 1em;">ratifies the Constitution, <a href="#Page_41">41</a>;</span><br />
+<span style="margin-left: 1em;">protests against internal improvements, <a href="#Page_319">319-20</a>;</span><br />
+<span style="margin-left: 1em;">on the Supreme Court (1809), <a href="#Page_335">335</a>;</span><br />
+<span style="margin-left: 1em;">protests against decisions of federal courts, <a href="#Page_336">336-37</a>;</span><br />
+<span style="margin-left: 1em;">proposes constitutional amendment, <a href="#Page_339">339</a>.</span><br />
+<br />
+<br />
+War of 1812, preparations for, <a href="#Page_208">208-09</a>;<br />
+<span style="margin-left: 1em;">motives for, <a href="#Page_208">208-10</a>;</span><br />
+<span style="margin-left: 1em;">vote for, <a href="#Page_210">210</a>;</span><br />
+<span style="margin-left: 1em;">political aspects of, <a href="#Page_212">212-13</a>, <a href="#Page_216">216-17</a>, <a href="#Page_223">223-27</a>;</span><br />
+<span style="margin-left: 1em;">land operations of, <a href="#Page_213">213-14</a>, <a href="#Page_217">217-18</a>, <a href="#Page_220">220-23</a>;</span><br />
+<span style="margin-left: 1em;">naval operations, <a href="#Page_215">215-16</a>, <a href="#Page_218">218-19</a>, <a href="#Page_221">221-22</a>;</span><br />
+<span style="margin-left: 1em;">in the Southwest, <a href="#Page_219">219-20</a>;</span><br />
+<span style="margin-left: 1em;">end of, <a href="#Page_228">228</a>;</span><br />
+<span style="margin-left: 1em;">results of, <a href="#Page_231">231-244</a>, <a href="#Page_282">282</a>.</span><br />
+<br />
+Washington, George, on the prospects of the United States, <a href="#Page_1">1</a>;<br />
+<span style="margin-left: 1em;">on Tories, <a href="#Page_3">3</a>;</span><br />
+<span style="margin-left: 1em;">resigns commission, <a href="#Page_6">6</a>;</span><br />
+<span style="margin-left: 1em;">on the West, <a href="#Page_16">16</a>;</span><br />
+<span style="margin-left: 1em;">on Shays' Rebellion, <a href="#Page_23">23</a>;</span><br />
+<span style="margin-left: 1em;">in the Federal Convention, <a href="#Page_29">29</a>;</span><br />
+<span style="margin-left: 1em;">on the growth of industry, <a href="#Page_46">46-47</a>;</span><br />
+<span style="margin-left: 1em;">elected President, <a href="#Page_48">48</a>;</span><br />
+<span style="margin-left: 1em;">inauguration, <a href="#Page_48">48-50</a>;</span><br />
+<span style="margin-left: 1em;">appointments of, <a href="#Page_54">54-55</a>;</span><br />
+<span style="margin-left: 1em;">and the Bank Bill, <a href="#Page_62">62-63</a>;</span><br />
+<span style="margin-left: 1em;">levees of, <a href="#Page_65">65</a>;</span><br />
+<span style="margin-left: 1em;">re&euml;lected President, <a href="#Page_66">66-67</a>;</span><br />
+<span style="margin-left: 1em;">proclaims neutrality, <a href="#Page_73">73</a>;</span><br />
+<span style="margin-left: 1em;">sends Jay on mission to England, <a href="#Page_79">79</a>;</span><br />
+<span style="margin-left: 1em;">and the Whiskey Insurrection, <a href="#Page_82">82-83</a>;</span><br />
+<span style="margin-left: 1em;">censures Democratic Clubs, <a href="#Page_83">83-84</a>;</span><br />
+<span style="margin-left: 1em;">and the Jay Treaty, <a href="#Page_86">86-88</a>;</span><br />
+<span style="margin-left: 1em;">Farewell Address, <a href="#Page_91">91-92</a>;</span><br />
+<span style="margin-left: 1em;">appointed head of provisional army, <a href="#Page_102">102</a>.</span><br />
+<br />
+Wasp, American sloop-of-war, <a href="#Page_215">215</a>.<br />
+<br />
+Watauga settlement, <a href="#Page_14">14</a>.<br />
+<br />
+Wayne, Anthony, wins battle of Fallen Timber, <a href="#Page_80">80-81</a>;<br />
+<span style="margin-left: 1em;">secures Treaty of Greenville, <a href="#Page_87">87</a>.</span><br />
+<br />
+Webster, Daniel, on the principle of protection, <a href="#Page_237">237</a>;<br />
+<span style="margin-left: 1em;">on universal suffrage, <a href="#Page_305">305</a>;</span><br />
+<span style="margin-left: 1em;">and the Tariff of 1828, <a href="#Page_330">330</a>;</span><br />
+<span class='pagenum'><a name="Page_xvii" id="Page_xvii">[Pg xvii]</a></span><span style="margin-left: 1em;">influence at the federal bar, <a href="#Page_333">333</a>;</span><br />
+<span style="margin-left: 1em;">counsel for Dartmouth College, <a href="#Page_342">342</a>.</span><br />
+<br />
+Wellington, Duke of, 214, <a href="#Page_228">228-29</a>.<br />
+<br />
+West, Benjamin, <a href="#Page_285">285</a>.<br />
+<br />
+West, the, social aspects, <a href="#Page_252">252</a>, <a href="#Page_299">299-300</a>;<br />
+<span style="margin-left: 1em;">political aspects, <a href="#Page_298">298</a>, <a href="#Page_303">303-04</a>;</span><br />
+<span style="margin-left: 1em;">intellectual aspects, <a href="#Page_300">300-01</a>, <a href="#Page_302">302</a>;</span><br />
+<span style="margin-left: 1em;">religious aspects, <a href="#Page_301">301-02</a>;</span><br />
+<span style="margin-left: 1em;">education in, <a href="#Page_302">302-03</a>.</span><br />
+<br />
+Western lands, speculation in, <a href="#Page_26">26</a>.<br />
+<br />
+West Florida, claimed by the United States, <a href="#Page_151">151</a>, <a href="#Page_158">158-59</a>;<br />
+<span style="margin-left: 1em;">revolt in, <a href="#Page_203">203-04</a>;</span><br />
+<span style="margin-left: 1em;">annexed in part, <a href="#Page_204">204</a>.</span><br />
+<br />
+Whiskey Insurrection, the, <a href="#Page_81">81-83</a>.<br />
+<br />
+Whitney, Eli, <a href="#Page_127">127</a>.<br />
+<br />
+Wilkinson, James, in Kentucky, <a href="#Page_68">68</a>;<br />
+<span style="margin-left: 1em;">his relation to Burr's conspiracy, <a href="#Page_172">172-75</a>, <a href="#Page_177">177</a>;</span><br />
+<span style="margin-left: 1em;">in the campaign of 1813, <a href="#Page_218">218</a>;</span><br />
+<span style="margin-left: 1em;">occupies West Florida, <a href="#Page_219">219</a>.</span><br />
+<br />
+Wilson, James, in the Federal Convention, <a href="#Page_31">31</a>;<br />
+<span style="margin-left: 1em;">appointed Associate Justice, <a href="#Page_54">54</a>.</span><br />
+<br />
+Wirt, William, <a href="#Page_333">333</a>, <a href="#Page_345">345</a>.<br />
+<br />
+Wolcott, Oliver, <a href="#Page_89">89</a>.<br />
+<br />
+Woolen manufacturing, beginnings of, <a href="#Page_235">235</a>;<br />
+<span style="margin-left: 1em;">after the War of 1812, <a href="#Page_235">235-36</a>.</span><br />
+<br />
+<br />
+X Y Z affair, <a href="#Page_98">98-100</a>.<br />
+<br />
+<br />
+Yazoo land controversy, <a href="#Page_168">168-70</a>, <a href="#Page_342">342</a>.<br />
+</p>
+
+<p>&nbsp;</p>
+<p>&nbsp;</p>
+<hr class="full" />
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+*** END: FULL LICENSE ***
+</pre>
+</body>
+</html>
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+The Project Gutenberg eBook, Union and Democracy, by Allen Johnson
+
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+
+
+
+Title: Union and Democracy
+
+
+Author: Allen Johnson
+
+
+
+Release Date: August 30, 2007  [eBook #22461]
+
+Language: English
+
+Character set encoding: ISO-646-US (US-ASCII)
+
+
+***START OF THE PROJECT GUTENBERG EBOOK UNION AND DEMOCRACY***
+
+
+E-text prepared by G. Edward Johnson, Stacy Brown, and the Project
+Gutenberg Online Distributed Proofreading Team (https://www.pgdp.net)
+
+
+
+Note: Project Gutenberg also has an HTML version of this
+      file which includes the original illustrations.
+      See 22461-h.htm or 22461-h.zip:
+      (https://www.gutenberg.org/dirs/2/2/4/6/22461/22461-h/22461-h.htm)
+      or
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+
+
+
+
+
+UNION AND DEMOCRACY
+
+by
+
+ALLEN JOHNSON
+
+Professor of American History
+Yale University
+
+
+
+
+
+
+
+[Illustration: From the original portrait by Stuart, at Bowdoin College.
+
+Th. Jefferson [Handwritten]]
+
+
+
+[Illustration]
+
+
+
+Houghton Mifflin Company
+Boston New York Chicago
+
+The Riverside Press Cambridge
+
+Copyright, 1915, by Allen Johnson
+All Rights Reserved
+
+The Riverside Press
+Cambridge, Massachusetts
+U. S. A.
+
+
+
+
+PREFACE
+
+
+The title of this volume must be regarded as suggestive rather than as
+strictly accurate, for the beginnings of union are to be found farther
+back than 1783, and democracy in its largest sense has even yet been
+only imperfectly realized. At the close of the Revolution, union was but
+a name. What Metternich said of the Italy of his day might have been
+said of the United States in 1783: it was only a geographical
+expression. The formation of the new federal union under the
+Constitution is properly the main, though not the sole, theme of this
+volume. Behind the thirteen Atlantic communities lay a vast region which
+almost at once invited the colonizing activities of the people. The rise
+of this western world is a movement of immense significance. Out of the
+bosom of the West emerged the new democracy which transformed the face
+of society in the old States. Whether viewed economically or
+politically, this forms the second theme in any history of the times.
+Around these two movements, therefore, I have endeavored to group the
+events of forty-five years.
+
+Within the last few years special studies have added much to the common
+stock of historical information, and in many ways effected changes in
+the historian's point of view. The time seemed proper to restate the
+salient factors in the history of this formative period. I have frankly
+appropriated the labors of others. Had the plan of the series permitted
+the use of footnotes, I would gladly have made particular acknowledgment
+of my indebtedness. At the same time I have not hesitated to present the
+results of my own studies where they have led away from the conventional
+view of men and events.
+
+In preparation of the maps showing the popular vote in the elections of
+1800 and 1824, I have drawn largely upon the data which Dr. Charles O.
+Paullin, of the Carnegie Institution, has generously put at my disposal.
+In States where the presidential electors were not chosen directly by
+the voters, other votes, such as those for governor, have been made the
+basis for determining the popular choice among party candidates for the
+presidency. Two of my graduate students, Miss Isabel S. Mitchell and Mr.
+Joseph E. Howe, have given me valuable assistance in the execution of
+the maps. I am under particular obligation to my colleague, Professor
+Stewart L. Mims, for reading critically both manuscript and proof.
+
+                                                 Allen Johnson.
+
+
+
+
+CONTENTS
+
+
+    I. The Ordeal of the Confederation                        1
+
+   II. The Making of the Constitution                        25
+
+  III. The Restoration of Public Credit                      46
+
+   IV. The Testing of the New Government                     68
+
+    V. Anglomen and Jacobins                                 89
+
+   VI. The Revolution of 1800                               105
+
+  VII. Jeffersonian Reforms                                 123
+
+ VIII. The Purchase of the Province of Louisiana            143
+
+   IX. Faction and Conspiracy                               161
+
+    X. Peaceable Coercion                                   179
+
+   XI. The Approach of War                                  197
+
+  XII. The War of 1812                                      212
+
+ XIII. The Results of the War                               231
+
+  XIV. The Westward Movement                                245
+
+   XV. Hard Times                                           266
+
+  XVI. The National Awakening                               282
+
+ XVII. The New Democracy                                    298
+
+XVIII. Politics and State Rights                            318
+
+  XIX. The Rise of National Sovereignty                     331
+
+       Index                                                  i
+
+
+
+
+MAPS AND CHARTS
+
+
+The United States in 1783                            _facing_ 1
+
+State-making in the West, 1783-87                             9
+
+Distribution of Votes in Ratification of The Constitution:
+  The New England States                                     37
+  The Middle States                                          39
+  The Southern States                                        42
+
+Distribution of Population, 1790                             49
+
+Vote on Assumption                                           59
+
+The Northwest, 1785-95                                       71
+
+Vote on the Repeal of the Alien and Sedition
+  Acts, February 25, 1799               _between_ 112 _and_ 113
+
+Presidential Election of 1800           _between_ 116 _and_ 117
+
+Distribution of Population, 1800                            125
+
+Vote on the Repeal of the Judiciary Act, March 2, 1802
+                                        _between_ 134 _and_ 135
+
+The Yazoo-Georgia Land Controversy                          168
+
+The Tonnage of the United States, 1807                      185
+
+Vote on the Embargo, December 21, 1807
+                                        _between_ 190 _and_ 191
+
+Vote on the Declaration of War, June 4, 1812
+                                        _between_ 208 _and_ 209
+
+Land Sales and Land Offices To 1821                         248
+
+The Cotton Crop in the United States, 1801-34               250
+
+The West As an Economic Section in 1820                     253
+
+Treaty With Spain, 1819                                     263
+
+Distribution of Slaves in 1820                              270
+
+Vote on the Missouri Compromise, March 2, 1820              278
+
+Russian Claims in North America                             293
+
+Distribution of Population, 1820                            299
+
+States Admitted To the Union Between 1812 and 1821          306
+
+Vote on the Tariff Bill, April 16, 1824
+                                        _between_ 310 _and_ 311
+
+Presidential Election of 1824           _between_ 314 _and_ 315
+
+Vote on the Tariff Bill, April 22, 1828
+                                        _between_ 328 _and_ 329
+
+Canals in the United States About 1825                      341
+
+Highways of the United States About 1825                    344
+
+
+
+
+UNION AND DEMOCRACY
+
+
+
+
+[Map: The United States in 1783]
+
+
+
+
+UNION AND DEMOCRACY
+
+
+CHAPTER I
+
+THE ORDEAL OF THE CONFEDERATION
+
+
+It was characteristic of the people of the United States that once
+assured of their political independence they should face their economic
+future with buoyant expectations. As colonizers of a new world they were
+confident in their own strength. When once the shackles of the British
+mercantile system were shaken off, they did not doubt their ability to
+compete for the markets of the world. Even Washington, who had fewer
+illusions than most of his contemporaries, told his fellow citizens of
+America that they were "placed in the most enviable condition, as sole
+lords and proprietors of a vast tract of continent, comprehending all
+the various soils and climates of the world, and abounding with all the
+necessaries and conveniences of life." Independence was the magic word
+which the common man believed would open wide the gates of prosperity.
+Yet within a year after the ratification of the Peace of Paris, American
+society was in the throes of a severe industrial depression.
+
+Contrary to the accepted view, the latter years of the war were not
+years of penury and want among the people. Outside of those regions of
+Virginia and the Carolinas, which were devastated by the marching and
+countermarching of the combatants, the people were living in comparative
+comfort. North of the Potomac, indeed, there was even a tendency to
+speculation in business and extravagance in living. Throughout the war
+farmers had found a ready market for their produce within the lines of
+the British and French armies. The temporary suspension of commerce had
+encouraged many forms of productive industry. As the war continued,
+venturesome skippers eluded British men-of-war and found their way to
+European or Dutch West India ports, bringing home rich cargoes in
+exchange for tobacco, flour, and rice. The prizes brought in by
+privateers added largely to the stock of desirable and attractive
+merchandise in the shops of Boston, Philadelphia, and Charleston. If
+such prosperity could follow in the wake of war, what commercial gains
+might not be expected in the piping times of peace? In anticipation of
+immediate returns, merchants drew heavily upon their foreign creditors
+and stocked their shops with imported commodities. Southern planters
+indulged similar expectations and bought land and slaves on credit,
+regardless of the price. "A rage for running in debt became epidemical,"
+wrote a contemporary observer. "Individuals were for getting rich by a
+_coup de main_; a good bargain--a happy speculation--was almost every
+man's object and pursuit."
+
+During the hard times of 1785-86 these golden dreams vanished. Instead
+of sharing as the people of an independent nation in the trade and
+commerce of the world, American shippers found themselves no better off
+than they were as dependents of Great Britain. Orders in council at once
+closed the ports of the British West Indies to all staple products which
+were not carried in British bottoms. Certain commodities,--fish, pork,
+and beef,--which might compete with the products of British
+dependencies, were excluded altogether. The policy of France and Spain
+was scarcely less illiberal. The effect was immediate. Cut off from
+their natural markets, American shipowners were forced either to leave
+their vessels to rot at their wharves or to seek new markets. For months
+there seemed to be no other alternative. At the same time the new
+industries which had sprung up during the war had to meet the shock of
+foreign competition, as the British manufacturer dumped on American
+wharves the accumulated stock of his warehouses. The plight of the small
+farmer and of the large planter was much the same; for both had incurred
+debts in expectation of continued prosperity.
+
+Everywhere people complained of hard times. Discouragement and ill-humor
+displaced the buoyant optimism with which peace had been heralded. "What
+is independence?" asked a writer in _A Shorter Catechism_. "Dependence
+upon nothing" was the cynical answer. In many States the popular
+discontent found vent in a vindictive crusade against the Tories. Even
+sober-minded citizens shared the general detestation of these
+unfortunate people. In the heat of war Washington had declared them to
+be "abominable pests of society" who ought to be hanged as traitors.
+The States had quite generally confiscated their property and in some
+cases had passed acts of attainder against them. In communities like New
+York, which had long remained in the hands of the British, the popular
+animosity was exceedingly bitter. To aid those citizens who had been
+dispossessed of their estates, the legislature passed the Trespass Act,
+which permitted suits for the recovery of property that had passed into
+the hands of the enemy upon the flight of the owners. The terms of the
+act were in flat contradiction to the treaty of peace. Further to aid
+claimants, it was provided that no military order could be pleaded in
+court in justification of the seizure of property.
+
+In a famous case brought before the Mayor's Court of New York by the
+widow Rutgers to recover her property from Joshua Waddington, a wealthy
+Tory, Alexander Hamilton appeared as counsel for the defendant. It was a
+daring act which brought down upon him the unmitigated wrath of the
+radical elements. Nevertheless, in an opinion which has considerable
+interest for students of constitutional law, the court ruled that the
+Trespass Act, "by a reasonable interpretation," must be construed in
+harmony with the treaty of peace, which was obligatory upon every State.
+It was not to be presumed that the legislature would intentionally
+violate the law of nations. The judgment of the court therefore, was in
+favor of the defendant. With chagrin and resentment the popular party
+declared that the court had set aside a law of the State and had
+presumed to set itself above the legislature. Wherever the radicals got
+the upper hand, confiscation was the order of the day; and even where
+the conservatives succeeded in restraining their radical brethren from
+legislative reprisals, no Tory was safe from the assaults of
+irresponsible mobs. Thousands took refuge in flight, to the infinite
+delight of the wits in the coffee-houses who jested of the "Independence
+Fever" which was carrying off so many worthy people.
+
+Financially the Confederation was hopelessly embarrassed. Having sowed
+the wind by its issues of bills of credit, it was now reaping the
+whirlwind. By the end of the war this paper money had so far depreciated
+that it ceased to pass as currency. "Not worth a continental" has passed
+into our native idiom. Without power to levy taxes, Congress could only
+make requisitions upon the States. The returns were pitifully inadequate
+to the needs of government. All told, less than a million and a half of
+dollars came into the treasury between 1781 and 1784, although Morris,
+as Superintendent of Finance, had earnestly besought the governors of
+the States for two millions for the year 1783 alone, in order to meet
+outstanding obligations and current expenses. Without foreign and
+domestic loans the war could never have been carried to a successful
+conclusion; but in 1783 even that source was drained. In sheer
+desperation Congress authorized the Superintendent of Finance to draw
+bills of exchange, at his discretion, upon the credit of loans _which
+were to be procured_ in Europe. In vain Morris warned Congress that no
+more loans could be secured. "Our public credit is gone," he declared.
+
+The obvious remedy for the financial ills of the Confederation was to
+give Congress the power to levy taxes. Early in 1781, indeed, before the
+Articles of Confederation had been ratified by Maryland, the proposal
+had been made that Congress should be vested with power to levy a five
+per cent duty on imports; but the obstinate opposition of Rhode Island
+effectually blocked the amendment. "She considered it the most precious
+jewel of sovereignty that no State be called upon to open its purse but
+by the authority of the State and by her own officers." Again, in 1783,
+Congress submitted to the States an amendment which would confer upon it
+the power to place specific duties for a term of twenty-five years upon
+certain classes of imported commodities. The tardy response of the
+States to this proposal left little hope that it would be adopted.
+
+In fact, the Confederation and its woes hardly occupied the thoughts of
+the people at all, except as a subject for jest and ridicule. The
+newspapers made merry over the peregrinations of Congress. Frightened
+away from Philadelphia by the riotous conduct of some troops of the
+Pennsylvania line, who had imbibed too freely, the delegates had
+withdrawn first to Princeton and then to Annapolis. Thither Washington
+repaired to resign his commission; but even so notable an occasion as
+this brought together delegates from only seven of the States. The best
+talent in America was drafted into the service of the several States.
+Men had ceased to think continentally. "A selfish habitude of thinking
+and reasoning," wrote one who styled himself Yorick, in the _New York
+Packet_, "leads us into a fatal error the moment we begin to talk of the
+interests of America. The fact is, by the interests of America we mean
+only the interests of that State to which property or accident has
+attached us." "Of the affairs of Georgia," Madison confessed in 1786, "I
+know as little as those of Kamskatska."
+
+On all sides intelligent men agreed that the return of prosperity
+depended upon the opening-up of foreign trade. Their immediate concern
+was the recovery of old markets. When John Adams went to London in 1785
+as the first representative of the United States, he bent all his
+energies to the task of securing a commercial treaty which would provide
+for unrestricted intercourse between the countries. It was an impossible
+task. At every turn he encountered the hostility of the mercantile
+classes, of whom Lord Sheffield was the most conspicuous representative.
+"What have you to give us in exchange for this and that?" "What have you
+to give us as reciprocity for the benefit of going to our islands?"
+"What assurance can you give that the States will agree to a treaty?"
+These were the embarrassing questions which Adams had to encounter.
+Baffled by the cool indifference of the English Ministry, Adams wrote
+home in despair that there was not the slightest prospect of relief for
+American commerce unless the States would confer the power of passing
+navigation laws upon Congress or themselves pass retaliatory acts
+against Great Britain.
+
+Congress had, indeed, already urged upon the States the necessity of
+yielding the power to enact navigation laws; but they had replied with
+such deliberation and with so many conditions that Congress was as
+powerless as ever. Meantime, each State struck blindly at the common
+enemy with little or no regard for its neighbors. "The States are every
+day giving proofs," wrote Madison, "that separate regulations are more
+likely to set them by the ears than to attain the common object." When
+the other New England States closed their ports to British shipping,
+Connecticut hastened to profit at their expense by throwing her ports
+wide open. New Jersey, with New York on one side and Pennsylvania on the
+other, was likened to a cask tapped at both ends. To find a historical
+parallel to the annals of this period, one must go back to the
+bickerings and jealousies of the states of ancient Greece.
+
+In this dark picture, however, there are cheering rays of light. One by
+one the States were redeeming their promises and ceding their western
+lands. It seemed as though the Confederation, hitherto a disembodied
+spirit, was about to tenant a body. By the year 1786 the United States
+were in joint possession of the greater part of the vast region between
+the Ohio, the Mississippi, and the Great Lakes--a domain of imperial
+dimensions. In anticipation of these cessions, Congress took under
+consideration an ordinance reported by a committee of which Thomas
+Jefferson was chairman. This ordinance contemplated the division of the
+land north of the thirty-first parallel into fourteen or sixteen States.
+The settlers in these rectangular areas were not to form state
+governments at once, but for their temporary government were to borrow
+such constitutions as they thought best from the older States. When a
+State had twenty thousand inhabitants, it might frame a permanent
+constitution and send a delegate to Congress. Admission to the Union was
+to be granted only when a State had as many free inhabitants as "the
+least numerous of the thirteen original States." Two features of
+Jefferson's report do not appear in the Ordinance of 1784; the fantastic
+names which Jefferson had selected and the fifth of the fundamental
+conditions which were to be a charter of compact between the old States
+and the new. It is perhaps no misfortune that the names Assenisipia,
+Polypotamia, Pelisipia, do not appear on the map; the article
+prohibiting slavery after the year 1800 might well have been retained.
+
+[Map: State-Making In the West 1783-1787]
+
+More important than the Ordinance of 1784, which indeed is interesting
+chiefly because it was the forerunner of the final ordinance for the
+Northwest Territory, is that adopted by Congress in the following year.
+The so-called Land Ordinance of 1785 provided in general for the survey
+of a series of townships six miles square in the region immediately west
+of Pennsylvania, and for the further division of each township into
+thirty-six lots, or, as they were later styled, "sections," one mile
+square. After satisfying the claims of the soldiers of the Continental
+Army, Congress proposed to distribute these lands among the States, to
+be sold at auction for a minimum price of one dollar an acre, reserving
+certain sections in each township and one third of the mineral ore which
+might be found. The sixteenth section in each township was to be set
+aside for the support of education. Each purchaser was to receive with
+his deed a definite description of his holding. Subsequent amendments to
+the Land Ordinance made the terms of purchase somewhat easier. Instead
+of making an out-and-out purchase, prospective settlers might pay one
+third in cash and receive a credit of three months for the balance of
+the purchase price. Yet even with these inducements only seventy-three
+thousand acres had been sold to individuals down to 1788. The hazards of
+western settlement were still too great.
+
+Disappointed in the sales under the Land Ordinance, Congress was
+persuaded to consider the alternative course of selling large tracts to
+companies. The collapse of national credit left the public domain almost
+the only available source of revenue. Early in 1787 the Ohio Company
+offered to purchase a tract of land between the Ohio and Muskingum
+Rivers. The promoters of this company had been interested in an earlier
+project of army officers for the founding of a military colony beyond
+the Ohio. Organized at Boston in March, 1786, with a nominal capital of
+one million dollars, it had within a year raised one fourth of that
+amount and sent first General Samuel Parsons and then the Reverend
+Manasseh Cutler to secure the desired grant from Congress. The labors of
+this astute divine at the seat of government form an interesting chapter
+in the evolution of American legislative methods. By devices well known
+to the modern lobbyist he not only secured the grant of land, but also
+took a hand in the shaping of a new ordinance for the Northwest
+Territory. In order to secure the grant to his associates, he had to
+resort to log-rolling and agree to procure for a group of land
+speculators an option to lands on the Scioto River. The grant to the
+Ohio Company contained a million and a half acres; that to the Scioto
+Company, five million acres. But while the one paid down half a million
+dollars, the other made no payment, expecting to dispose of their
+"rights" before the first payment was due. In the following year a third
+grant of a million acres on the Great and Little Miami Rivers in Ohio
+was made to John Cleve Symmes.
+
+From these sales Congress expected to realize over three and a half
+million dollars in public securities and at the same time to satisfy
+military bounty warrants amounting to about eight hundred thousand
+acres. The actual amount realized was less than six hundred thousand
+dollars. The Scioto Company succeeded in disposing of rights to about
+three million acres to a company organized in France, which in turn
+sold them to unsuspecting royalist emigrants. Neither company ever
+secured a clear title to these lands, and Congress had eventually to
+come to the relief of the unhappy French settlers with a donation of
+twenty-four thousand acres. Unforeseen circumstances prevented either
+the Ohio Company or Symmes from complying with the conditions of sale;
+and in both cases Congress consented to alter the terms of contract.
+
+On July 13, 1787, Congress adopted the ordinance which it had long had
+under consideration. The authorship of this "charter of the west," after
+long controversy, is still in dispute. Like all legislative measures it
+bears the mark of many hands. Certain features of Jefferson's ordinance
+reappear: the provision for temporary government and eventual statehood,
+and the fundamental articles of compact. Other provisions are stated in
+a detailed fashion and suggest the probability that Congress had
+definite conditions to meet. The ordinance took final form while the
+Reverend Manasseh Cutler was representing the Ohio Company in New York.
+Perhaps the most striking departure from the Ordinance of 1784 is the
+provision for not less than three nor more than five States north of the
+Ohio, where Jefferson planned for ten. Admission to the Union was to be
+gained only after the population had reached sixty thousand. Temporary
+government was to consist of a governor, a secretary, and three judges
+appointed by Congress, who were to adopt such laws from other States as
+they believed suited to local conditions. In each and every case
+Congress reserved the right to disallow these laws. Whenever a territory
+attained a population of five thousand, it was to pass to the second
+grade of government, with a representative assembly, an appointive
+council, and a delegate in Congress.
+
+Six articles of compact were also written into the ordinance, which were
+to remain forever unalterable except by the common consent of the
+parties thereto--"the original States and the people and States in the
+said territory." Freedom of worship, the usual rights of person and
+property, and the obligation of private contracts were guaranteed.
+Religion, morality, and education were to be forever encouraged. Neither
+slavery nor involuntary servitude was to be permitted. In imposing these
+conditions Congress undoubtedly exceeded its powers under the Articles
+of Confederation, for that document nowhere confers upon Congress the
+power to make binding contracts, nor for that matter to legislate in any
+wise for the government of the common domain.
+
+The Ohio Company hastened to colonize its broad acres on the Muskingum.
+Before the end of the year 1787, the vanguard of the first colony was on
+the march through Pennsylvania to the upper waters of the Ohio. There
+they spent the winter constructing the craft which was to carry them to
+their destination. As soon as the ice broke up in the spring, they
+embarked on the Mayflower,--for so they had christened the craft,--and
+within five days set foot on the soil of Ohio. Other bands joined them,
+and by midsummer their rude huts and a blockhouse marked the site of
+what was to be the town of Marietta, the first New England settlement
+in the West. Across the Muskingum, at Fort Harmar, the new governor,
+General St. Clair, had already taken up his official residence. Farther
+down the river, Symmes planted a colony from New Jersey on the tract
+which he had purchased; and within the next few years settlements were
+made in the adjoining district, which Virginia had reserved as bounty
+land for her soldiers. The vision of virgin lands in the Ohio country
+was beginning to dawn upon the small farmer of the East. Emigration grew
+apace. Between February and June, 1788, an observer noted not less than
+forty-five hundred settlers drifting past Fort Harmar in their
+flatboats, in search of new homes in the wilderness.
+
+While the colonization of the Northwest was going on under the eye of
+Governor St. Clair, hardy pioneers were laying the foundations of a new
+society in the Southwest, without the protecting arm of the Government.
+Before the war Daniel Boone had made his famous trace to "the country of
+Kentucke" through the Cumberland Gap; and Robertson had led his colony
+from North Carolina to the upper waters of the Tennessee. Settlers had
+followed the long-rangers; and numerous communities sprang up by salt
+lick and water course. In all these settlements there was much local
+independence. For a time the people on the Watauga had established a
+government of their own. Upon the cession by North Carolina of her
+western lands, the settlers of eastern Tennessee took matters into their
+own hands and prepared to organize as a State. Congress had just adopted
+the Ordinance of 1784, and one of Jefferson's prospective States
+included most of the land already appropriated by these pioneers. They
+nourished, too, long-standing grievances. They were taxed for the
+support of a government which treated them with contumely and ignored
+their administrative needs. The movement toward independence acquired
+such headway that not even the repeal of the act of cession by North
+Carolina could stay its course. With a confidence born of frontier
+conditions these "modern Franks, the hardy mountain men," as a
+contemporary called them, drafted a constitution, organized a
+government, and appealed to Congress for recognition as a State of the
+Confederation. For three years the State of Franklin, as it was
+officially christened, under the able leadership of Governor John
+Sovier, refused to recognize the authority of North Carolina, even to
+the point of resisting the militia by arms. But Congress turned a deaf
+ear to the petitions of the insurgents; and in the year 1788, diplomacy
+succeeding where coercion had failed, the people of Franklin returned to
+their first allegiance.
+
+Much the same centrifugal forces were at work in northwestern Virginia
+and western Pennsylvania, a region which felt its isolation keenly.
+"Separated by a vast, extensive and almost impassible Tract of
+Mountains, by Nature itself formed and pointed out as a Boundary between
+this Country and those below it," the settlers of this trans-Alleghany
+region besought Congress to recognize them as a "sister colony and
+fourteenth province of the American Confederacy."
+
+More menacing to the integrity of Virginia was a movement for
+independent statehood among the people of Kentucky. Rivers were the
+highways of their commerce and the current of all bore their flatboats
+away from the parent State. New Orleans was their inevitable _entrepot_.
+The forces of nature seemed to conspire to throw these western
+settlements into the hands of Spain. Washington was deeply impressed by
+the necessity of connecting the headwaters of the James and the Potomac
+with the tributaries of the Ohio, if the trade and allegiance of the
+people of Kentucky were to be secured to Virginia and to the Union. "The
+western States," he wrote to Governor Harrison of Virginia, "stand as it
+were upon a pivot. The touch of a feather would turn them any way." The
+situation in Kentucky became more acute as intimations reached the
+people that John Jay was proposing to renounce the free navigation of
+the Mississippi.
+
+In the summer of 1785, Don Diego de Gardoqui, the first accredited
+Minister from Spain, arrived in the United States to settle all
+outstanding differences between the two countries. Congress appointed
+John Jay as its diplomatic agent and instructed him to hold insistently
+to the thirty-first parallel as the southern boundary of the States and
+to the free navigation of the Mississippi. The prospect of agreement was
+very slight. The American claims were based solely on the Treaty of 1783
+which the King of Spain was determined not to recognize. Negotiations
+dragged on for months. Reporting to Congress in August, 1786, Jay
+advised the abandonment of the claim of free navigation of the
+Mississippi for the sake of securing an advantageous commercial treaty
+with Spain. The delegates from Northern States were ready to barter away
+the Southwest; but the Southern delegates succeeded in postponing action
+until the impotent Confederation gave way to a more perfect union.
+
+At the Court of St. James, John Adams was having no better luck in
+pressing the rights of the moribund Confederation. Notwithstanding the
+explicit terms of the Treaty of 1783, British garrisons still held
+strategic posts along the Great Lakes, exercising a strong influence
+upon the Indians and guarding the interests of British fur traders. Such
+a situation would have been intolerable to a self-respecting nation.
+Smothering his pride, Adams mustered all the diplomacy which his nature
+permitted and sought an explanation of this extraordinary conduct from
+the ministers. He was finally told that he need not expect Great Britain
+to relinquish the Western posts so long as the States continued to put
+obstacles in the way of the collection of British debts.
+
+A general reluctance to meet financial obligations was a deplorable
+aspect of the depression to which American society had succumbed. In all
+the States there was a more or less numerous class of debtors who were
+convinced that the Government could help them out of all their
+distresses. As the cause of all their woes was the scarcity of money,
+why, let the Government manufacture money and so put an end to the
+stringency. What Madison called "the general rage for paper money"
+seized upon Rhode Island, New Jersey, Pennsylvania, the Carolinas, and
+Georgia. Coupled with paper-money acts were others designed to alleviate
+the distress of the unfortunate. Stay laws of one sort or another were
+devised to keep the wolf, in the guise of the sheriff, from the door.
+Legal-tender acts made cattle and produce equivalent to money when
+offered in payment of debts. Nor was this legislation inspired
+altogether by dishonest intent. Many believed with Luther Martin, of
+Maryland, that there were times of great public distress and extreme
+scarcity of specie when it was the duty of the Government to pass stay
+laws and legal-tender acts, "to prevent the wealthy creditor and the
+moneyed man from totally destroying the poor, though even industrious,
+debtor."
+
+No State suffered more from the paper-money aberration than Rhode
+Island. Under pressure from the radical elements the legislature passed
+an act for the emission of bills of credit which were to be issued to
+any freeholder who would offer as security real estate of any sort to
+double the amount of the loan. "Many from all parts of the State made
+haste to avail themselves of their good fortune, and mortgaged fields
+strewn thick with stones and covered with cedars and stunted pines for
+sums such as could not have been obtained for the richest pastures." But
+when they sought their creditors, not a merchant nor a shop-keeper could
+be found. Nobody fished to have a just debt discharged in such currency.
+Not to be thwarted in their purpose, the radicals then enacted a law
+which threatened with a summary trial and a heavy fine any one who
+refused to accept paper money in payment of debt.
+
+Under this Force Act, one John Weeden, a butcher, was brought to trial
+for refusing to receive the paper offered by a customer in payment for
+meat. To the discomfiture of the legislature the court refused to
+enforce the law in this instance, on the ground that the statute was
+contrary to the constitution of Rhode Island; and when summoned before
+the legislature to answer for their defiance, the judges boldly stood
+their ground. The case of _Trevett_ v. _Weeden_ was not without its
+lesson to those who were casting about for ways and means to defend
+property from the assaults of popular majorities. In Virginia, too, the
+highest state court, in the case of _Commonwealth_ v. _Caton_, boldly
+asserted the right of the judiciary to declare void such acts of the
+legislature as were repugnant to the constitution.
+
+Meantime the debtor and creditor classes in Massachusetts were locked in
+a struggle which menaced the peace of the country. Here as elsewhere
+hard times had forced the small farmers of the interior counties to the
+wall. No doubt their difficulties were caused in part by their own
+improvidence, but they were increased by the prevailing scarcity of
+money. So dire was the want of a medium of exchange that many
+communities resorted to barter. The editor of a Worcester paper
+advertised that he would accept Indian corn, rye, wheat, wood, or
+flaxseed, in payment of debts owed to him, up to the amount of twenty
+shillings. It seemed to the ignorant farmer that his creditors were
+taking an unfair advantage of circumstances in demanding currency to
+settle debts which had been contracted when money was abundant. The
+law, however, favored the creditor. The jails were filled to overflowing
+with men imprisoned for debt; the courts were overwhelmed with actions.
+In Worcester County, with a population of less than fifty thousand
+people, there were in 1784 two thousand cases on the docket of the
+Inferior Court of Common Pleas. In this age of litigation only one class
+appeared to thrive--the lawyers. The anger of the poor debtors, inflamed
+by attachments and foreclosures, vented itself upon the ostensible cause
+of their misfortunes. The excessive costs of courts and the immoderate
+fees of lawyers are grievances which bulk large in every indictment
+drawn by town meeting or county convention. Young John Quincy Adams,
+then a senior in Harvard College, was so affected by the odium which had
+fallen upon the practice of law that he was almost ready to abandon the
+career which he had chosen.
+
+The adjournment of the General Court in July, 1786, without authorizing
+an issue of paper money or passing a legal-tender act or fixing the fees
+of lawyers and the costs of courts, contributed to the unrest which was
+now assuming a threatening aspect. During August and September riotous
+mobs prevented the courts from sitting at Northampton, Worcester, Great
+Barrington, and Concord. Alarmed by these disorders Governor Bowdoin
+convened the legislature in special session and summoned the militia to
+the protection of the capital. While the legislature was devising ways
+and means of allaying the public excitement, another demonstration
+occurred at Worcester which resulted in the dispersion of the Court of
+General Sessions by a force of armed men. From Worcester the disorders
+spread into adjoining counties; and something like a concerted movement
+upon Boston and Cambridge seemed to be preparing. The prompt action of
+the state authorities however, balked the plans of the insurgents. The
+main body of insurgents under Shays scattered; but a month later they
+rallied around Springfield to prevent the holding of court. Governor
+Bowdoin then dispatched troops, four thousand strong, under the command
+of General Lincoln, to the assistance and protection of the civil
+authorities. A civil war seemed imminent. Shays had planned an attack
+upon the national arsenal at Springfield, but he could not bring his
+rustics to act together. Before the determined resistance of the local
+militia his undisciplined troops broke and fled. The arrival of the
+state militia under Lincoln completed the demoralization of Shays' army.
+Retreating through the hilly country of Hampshire, they wore finally
+overtaken and routed at Petersham. Some of the insurgents went to their
+homes, completely humbled and subdued; others fled across the border to
+await better times; and still others, unrepentant and unsubdued,
+continued to harass the countryside. It was not until the following
+September that Governor Bowdoin ventured to disband the militia.
+
+To these disturbances in Massachusetts, Congress had not remained
+indifferent. Aside from the direct interest that all members were bound
+to take in a rebellion which seemed to threaten the very foundations of
+a sister State and which might easily recur in their own, Congress was
+concerned for the fate of the national arsenal at Springfield. But no
+forces were available for the protection of the property of the
+Confederation. The few hundred men who comprised the army were scattered
+in garrisons along the western frontier. Acting as intermediary between
+Congress and Governor Bowdoin, General Knox as Secretary of War made
+what provision he could for the defense of the arsenal by local militia;
+but these measures were confessedly inadequate. Upon his report Congress
+was finally moved to increase the army, ostensibly for the protection of
+the frontier, where in truth Indian hostilities required the presence of
+additional troops. As these forces would be raised chiefly in New
+England, they could be employed first to protect Springfield. Any open
+avowal of this plan was avoided, however, lest the insurgents should
+take alarm and immediately attack the arsenal. But these plans were
+wrecked on the reef of financial bankruptcy. Congress could only
+supplicate the States for money and borrow what it might on its
+expectations. Recruiting went on so slowly that the rebellion was
+practically over when two companies of artillery, numbering
+seventy-three men each, which had been raised in Massachusetts, were
+finally marched to Springfield. All the other recruits were dismissed.
+The inefficiency of Congress and its want of moral influence were
+self-confessed.
+
+In his famous circular letter of 1783, Washington had spoken of the
+times as a period of "political probation." The moment had come for the
+United States to determine, said he, "whether they will be respectable
+and prosperous, or contemptible and miserable, as a nation." Three years
+had now passed and the period of probation seemed to have ended in the
+ruin of national hopes. The events of the years 1786 made a profound
+impression upon the minds of all responsible and conservative men. In
+undisguised alarm, Washington wrote: "There are combustibles in every
+State which a spark might set fire to.... I feel ... infinitely more
+than I can express to you, for the disorders which have arisen in these
+States. Good God! Who, besides a Tory, could have foreseen, or a Briton,
+predicted them?" Rightly or wrongly, men of the upper classes believed
+that the foundations of society were threatened and that the State
+Governments would fall a prey to the radical and unpropertied elements,
+unless a stronger Federal Government were created. "With this idea, they
+are thinking, very seriously," wrote an interested observer at the seat
+of Federal Government in New York, "in what manner to effect the most
+easy and natural change of the present form of the Federal Government to
+one more energetic, that will, at the same time, create respect, and
+secure properly life, liberty, and property. It is, therefore, not
+uncommon to hear the principles of government stated in common
+conversation. Emperors, kings, stadtholders, governors-general, with a
+senate or house of lords, and house of commons, are frequently the
+topics of conversation." There were those who frankly advocated a
+monarchical government as the only way of escape from the ills under
+which American society was laboring. There is reason to believe that a
+project was on foot to invite Prince Henry of Prussia to become the head
+of a new consolidated government. The influence of the Order of the
+Cincinnati was much feared by friends of republican institutions.
+Individually members of the order did not hesitate to express their
+impatience with popular government. What was to come out of this
+political chaos, no man could tell.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     The two most extensive histories dealing with the period of the
+     Confederation are George Bancroft's _History of the Formation of
+     the Constitution of the United States of America_ (2 vols., 1882)
+     and G. T. Curtis's _History of the Origin, Formation, and Adoption
+     of the Constitution of the United States_ (2 vols., 1854). In the
+     fourth volume of Hildreth's _History of the United States_ (6
+     vols., 1849-52), a concise but rather dry account of the
+     Confederation may be found. More entertaining is John Fiske's _The
+     Critical Period of American History, 1783-1789_ (1888). Valuable
+     information bearing on the social as well as the political history
+     of the times is contained in the first volume of J. B. McMaster's
+     _History of the People of the United States from the Revolution to
+     the Civil War_ (7 vols., 1883-1913). More recent histories of the
+     period are A. C. McLaughlin's _The Confederation and the
+     Constitution, 1783-1789_ (in _The American Nation_, vol. 10,
+     1905), and Edward Channing's _History of the United States_, vol.
+     III (3 vols., 1905- ). A vigorous narrative of the exploits of the
+     pioneers beyond the Alleghanies has been written by Theodore
+     Roosevelt, _Winning of the West_ (4 vols., 1889-96). A more
+     restrained account of the beginnings of Western settlement is B.
+     A. Hinsdale's _The Old Northwest, the Beginnings of our Colonial
+     System_ (1899).
+
+
+
+
+CHAPTER II
+
+THE MAKING OF THE CONSTITUTION
+
+
+Notwithstanding the manifold differences between State and State in the
+Confederation, there were everywhere groups of men who confronted much
+the same economic conditions. Between the farmer who tilled his sterile
+hillside acres in the interior of New England and the cultivator of the
+richer soil of the Piedmont in Virginia and the Carolinas, a greater
+identity of economic interests existed than the casual observer would
+have suspected. The feeling of hostility which circumstances bred in the
+followers of Daniel Shays toward the merchants of Boston was akin to
+that which the farmers of middle and western Pennsylvania harbored
+toward the aristocratic and wealthy classes of Philadelphia and the
+eastern counties. A similar antagonism appears between the yeomen of the
+uplands and the planters of the tidewater farther to the south,
+accentuated, no doubt, by religious and racial differences. The
+Scotch-Irish or German dissenter, who was treated with contempt as a
+foreigner and forced to support a church established by a State
+Government which discriminated against numbers and in favor of property,
+was not likely to feel kindly toward the tidewater aristocracy. Bad
+crops spelled disaster for these farmers, for they had incurred debt to
+purchase their lands and had borrowed capital to work them. In hard
+times they were the first to suffer, for whether money was scarce or
+plentiful, the tax-collector and the money-lender knocked inexorably at
+their doors. Bad roads kept them isolated and want of intercourse bred
+much ignorance and prejudice in even honest men. Were the recorded
+grievances of these inland groups brought together, they would show a
+surprising agreement.
+
+Set over against this interior population with predominant agrarian
+interests were those classes, urban for the most part, whose income was
+derived from personal rather than real property. Even at this time a
+capitalist class of no mean proportions existed. No inconsiderable part
+of this personalty was invested in shipping and manufacturing. A part,
+not easily determined, was tied up in Western lands, which appealed
+strongly to the speculative instincts of the American. The amount of
+money at interest was also considerable in States like Massachusetts. As
+creditors of the debt-burdened farmers these classes were everywhere on
+the defensive. To this group should be added the holders of public
+securities, both state and continental, who could not have remained
+uninterested witnesses of the demise of the Confederation.
+
+The logic of events was drawing these holders of personal property
+together. Capitalists with idle money found the avenues to profitable
+investment closed by the inability of Congress to offer protection to
+either manufacturing or shipping; creditors with money at interest
+witnessed with alarm the inability or unwillingness of state
+legislatures to resist attacks upon private contracts and public
+credit; holders of public securities shared the general contempt for a
+Government, which, so far from providing for the ultimate redemption of
+its obligations, could not even pay interest on its debts; speculators
+in lands despaired of a rise in values so long as the Government could
+not defend its borders and protect its frontier population. The desire
+of all these classes, from Boston to Charleston, was for a Government
+which would govern.
+
+Under these circumstances the idea of a special convention to revise the
+Articles of Confederation grew in favor. Some of the States, notably
+Delaware, Massachusetts, and New Hampshire, had employed constituent
+conventions to draft new frames of government. The legislature of New
+York had in 1782 proposed a convention to revise the Articles of
+Confederation. At the suggestion of Governor Bowdoin, the General Court
+of Massachusetts had resolved in 1785 in favor of such a convention; but
+the delegates in Congress, for reasons best known to themselves, had
+refused to present the resolution. In any case Congress could hardly be
+expected to take the initiative.
+
+For many years Virginia and Maryland had been at loggerheads over the
+navigation of the Potomac River and Chesapeake Bay. In 1784
+commissioners from both States met at Alexandria, and subsequently at
+Washington's country-seat, at Mount Vernon, to make a last effort to
+adjudicate their differences. It speedily appeared that the question of
+commercial regulations was one that concerned also their neighbors to
+the north. Maryland proposed that Pennsylvania and Delaware should be
+invited to a further conference. The assembly of Virginia went still
+further and appointed delegates to meet with delegates from other States
+"to take into consideration the trade of the United States" and "to
+consider how far a uniform system in their commercial regulations may be
+necessary to their common interest and their permanent harmony."
+Annapolis was selected as the place of meeting.
+
+The response of the States to this call was disappointing. Only five
+States sent delegates. Positive action on trade relations was, of
+course, out of the question. But Alexander Hamilton, who attended as a
+delegate from New York, drafted a report which went far to redeem the
+situation. Addressed to the legislatures of the States represented at
+Annapolis, it called attention to the critical state of the Union and
+the need of a convention of delegates with wider powers from all the
+States; and in conclusion, it named Philadelphia and the second Monday
+in May, 1787, as a suitable place and time for such a convention. "From
+motives of respect" a copy of this report was sent to Congress.
+
+With its wonted indecision, Congress dallied with this bold proposal
+until late in the following February. Meantime, Virginia and other
+States appointed delegates to the convention which Congress had not yet
+sanctioned. When Congress finally issued the summons, it made no
+reference to the Annapolis Convention, though it took over bodily the
+recommendations of that body. The sole and express purpose of the
+convention was declared to be the revision of the Articles of
+Confederation.
+
+The delegates to the Philadelphia Convention were to be "appointed by
+the States." As a matter of course, the choice devolved upon the
+legislature in every instance. To what extent the active economic
+interests directed and controlled the selection is a mere matter of
+speculation. Certain it is that the members of the convention belonged
+to the governing class in their respective communities. Almost to a man
+they had held important public positions. To a surprising extent they
+came from the commercial sections of their States. "Not one member
+represented in his immediate personal economic interests the small
+farming or mechanic classes." A large majority were "directly and
+personally interested in the outcome of their labors through their
+ownership of property, real or personal." Many were holders of public
+securities and profited by the later funding operations of the new
+Government; some had invested in Western lands; others had capital
+invested in manufacturing, shipping, and slaves. Thus circumstanced,
+they had no mind to try doubtful experiments in government.
+
+Among the first of the delegates to reach Philadelphia was James
+Madison. Other members of the Virginia delegation soon joined him, and
+on the 13th of May, Washington made what was really a triumphant entry
+into the city. When the 14th dawned only a few delegates had arrived.
+Inclement weather and bad roads detained many, no doubt; but a general
+dilatoriness in heeding the summons was accountable for the tardiness
+of others. Until a majority of States were represented, the delegates
+could only adjourn from day to day. That the gentlemen from Virginia put
+this time to good use appears from the plan which they drew up as a
+tentative program and which Randolph presented to the convention.
+Indeed, there is little doubt that much unrecorded progress was made
+throughout the convention by informal conferences among the leaders.
+
+It was not until Friday, May 25, that seven States were represented and
+a preliminary organization could be effected. Washington was the
+unanimous choice for president, though tradition has it that Franklin
+was the first choice of many delegates. Altogether, though not at any
+one time, there were fifty-five delegates in attendance from twelve
+States. Rhode Island was never represented. The average attendance was
+hardly more than thirty. It was possible, therefore, to adopt simple
+rules of procedure and to permit full discussion. The credentials of the
+delegates gave them, with a single exception, free hand in revising the
+Articles of Confederation. Delaware alone forbade its representatives to
+make any alterations which should deprive the State of its equal vote in
+Congress.
+
+As the doors closed on this notable body in the chamber over
+Independence Hall in the State House, profound secrecy enveloped its
+proceedings. Not until the publication of the journal by act of Congress
+in 1819 were the actual proceedings of the convention divulged; and many
+more years passed before Madison's notes on the debates were given to
+the curious public. The earth scattered on the pavement to silence the
+rattling of wheels and the sentries stationed at the doors to warn
+intruders gave added emphasis to the importance of this gathering.
+
+The task before the convention was one of immense difficulty. The most
+general criticism of the Confederation was that expressed in the vague
+phrase, "lack of power"; but the defect could not be overcome merely by
+giving new powers to Congress. Any such increase of authority involved a
+delicate readjustment of the relations of the States to each other and
+to the central Government. Before the convention had been in session a
+fortnight, a line of cleavage among the delegates appeared. To the most
+obtuse mind the resolutions presented as the Virginia plan seemed to
+reach far beyond any mere revision of the Articles of Confederation.
+Randolph frankly admitted the scope of his resolutions by urging that a
+union of the States merely federal would not suffice. The convention so
+far yielded to the general drift as to adopt, in committee of the whole,
+the resolution "that a national government ought to be established
+consisting of a supreme Legislative, Executive, and Judiciary."
+
+As the group of nationally minded delegates, led by Madison and Wilson,
+of Pennsylvania, seized this initial advantage and secured the
+acceptance, step by step, of the main features of a national government,
+the delegates from the smaller States drew together in alarmed
+opposition. It was in their behalf that Paterson, of New Jersey,
+presented his resolutions. In contrast to the Virginia plan, this held
+out only the prospect of an improved Confederation. Additional powers
+were to be given to Congress and there was to be an executive and a
+supreme judiciary; but the basal principle of the Confederation--the
+equality of the States--was left untouched. Given the alternative
+between the New Jersey plan and the Virginia plan as amended, seven
+States voted for the latter. Only New York, New Jersey, and Delaware
+preferred the former. The vote of Maryland was divided. The convention
+then returned to the detailed consideration of the amended Virginia
+plan. The large-State men were now disposed to make some concessions.
+The word "national" was dropped from all the resolutions; and minor
+changes were made in the interest of harmony. But on the fundamental
+question of what was termed "proportional representation,"--that is,
+representation of the States in proportion to numbers in the national
+legislature,--no agreement seemed possible. More than once the
+convention was on the point of adjourning _sine die_. Even the usually
+placid Franklin suggested that "prayers imploring the assistance of
+Heaven ... be held in this Assembly every morning."
+
+In spite of the opposition of the smaller States, the convention finally
+voted that the rule of suffrage in the first branch of the legislature
+ought not to be according to that established by the Articles of
+Confederation. Debate then turned on the manner of constituting the
+upper chamber. On July 2, a vote was taken on the proposal of the
+Connecticut delegation that each State should have an equal vote in the
+upper house. The result was a tie, five States against five, with the
+vote of one State divided. The deadlock seemed complete.
+
+Hoping that a compromise might even yet be effected, General Pinckney
+proposed a committee of one from each State to consider the whole
+matter. Opposition was made, but the convention indorsed the proposal
+and chose the members of the committee by ballot. The selection was
+obviously favorable to the small-State party, for the committee
+abandoned the idea of proportional representation in the second chamber.
+On July 5, it recommended that in the first branch of the legislature
+there should be one representative for every forty thousand inhabitants
+in each State, counting three fifths of the slaves, and that in the
+second chamber the States should have an equal vote. The first
+proposition underwent further changes at the hands of a special
+committee, but the principle of representation was accepted. On July 16,
+the first proposition as amended and the second proposition without
+change were adopted by a vote of five States to four, with the vote of
+one State divided. Very properly historians have termed this the great
+compromise of the Constitution, for without it the further work of the
+convention would have been impossible. In agreeing that three fifths of
+the slaves should be counted in apportioning representation, the
+convention made no innovation, but simply took over the federal ratio
+which Congress had recommended in 1783 as the basis for future
+apportionment of requisitions among the States. On this point there was
+no great difference of opinion in the convention.
+
+It would be a mistake, however, to suppose that with this obstacle to
+union removed, the Constitution speedily took form. On the contrary,
+every proposal bristled with controversial points. The Northern
+commercial States demanded insistently that Congress should be given
+power to regulate commerce. It was, indeed, the desire of the commercial
+classes in all the States that Congress should be given power to pass
+retaliatory acts against Great Britain, but the planters of the
+Carolinas and Georgia feared--not without reason--that the power to
+regulate commerce might be used to interfere with the importation of
+slaves. Here, too, the spirit of compromise prevailed. The power was
+granted, but the importation of such persons as the States thought
+proper to admit was not to be prohibited before the year 1808.
+
+From first to last, divergent views were held as to the constitution of
+the chief executive office. After the initial question, whether the
+office should be single or plural, was decided, the manner of election
+remained to be considered. The early proposal to make the President
+elective by the national legislature was dropped as the office assumed
+greater importance in the general scheme. If the independence of the
+legislature was to be maintained, some form of indirect popular choice
+was favored. But if the people were to elect, the larger States would
+have a decided advantage. Here was the old question in another form. The
+electoral scheme finally adopted was essentially a compromise. In most
+instances--Mason, of Virginia, said nineteen out of twenty times--it was
+believed that the electors would so scatter their votes that no
+candidate would have a majority; consequently the Senate would make a
+choice from among the five candidates having the highest votes. By this
+arrangement the large States would in effect nominate and the small
+States elect the President. But because the Senate had already been
+given extensive powers, the convention transferred the final election to
+the House, with the provision that the vote there should be by States.
+The eventual election of a Vice-President was left to the Senate,
+whenever the electoral college failed to make a choice.
+
+From time to time the convention resorted to committees to facilitate
+its work. Most important services were rendered by the committee of
+detail, which early in August put into orderly and connected form the
+conclusions which the convention had reached. It was the committee on
+unfinished business which suggested the method finally adopted of
+electing the President. In its final form and phrasing the Constitution
+is the work of Gouverneur Morris, who prepared the report of the
+committee of style.
+
+Citizens of Philadelphia who took up their copies of the _Pennsylvania
+Advertiser_ on Tuesday, September 17, found to their surprise that the
+columns were completely filled with the new Constitution. This was their
+first intimation of what the convention had really done. Rumor had
+stalked abroad that the convention was rent by dissensions; but the
+envious reader saw at the end of his paper the words, "Done in
+convention by the unanimous consent of the States ... in witness whereof
+we have hereunto subscribed our names." Done by unanimous consent of
+the delegates the Constitution was not, for not all the delegates who
+were present on the last day would affix their signatures. It was
+Gouverneur Morris who suggested the phrase which gave a specious
+unanimity to the work of the convention.
+
+The thoughtful reader of the Constitution must have been impressed by
+the new features which caught his eye. In place of the old inefficient
+and powerless Congress, he observed a well-organized national
+legislature, an independent executive, and a federal judiciary of ample
+jurisdiction. Further scrutiny must have apprised him that the new
+Government would operate directly upon individuals, thus remedying a
+vital defect in the Confederation. The powers given to Congress may well
+have set at rest the minds of anxious public creditors. With the power
+to lay and collect taxes, to raise and support a military and naval
+establishment, and to regulate commerce, Congress had ample means to pay
+the public debt, to enforce its claims, and to offer protection to trade
+and industry. Not less significant to property-owners were the brief
+clauses in the new Constitution which sharply forbade States to emit
+bills of credit, to make anything but gold and silver legal tender in
+payment of debts, and to make laws impairing the obligation of
+contracts.
+
+[Map: Distribution of Votes in Ratification of the Constitution
+The New England States (Based on the map of Dr. O. G. Libby)]
+
+But what guaranty was there that States would observe these
+prohibitions? The power to coerce a State was nowhere conferred. The
+militia, to be sure, could be called out to execute the laws; and the
+United States guaranteed to every State a republican form of government
+and promised protection against domestic violence. Congress could deal
+surely and effectively with any future Shays if it were invited to do
+so. But what if a State passed a law violating the obligation of
+contracts? The answer is contained in the clause which reads: "This
+Constitution, and the Laws of the United States which shall be made in
+Pursuance thereof; and all Treaties made, or which shall be made, under
+the Authority of the United States, shall be the supreme Law of the
+Land; and the Judges in every State shall be bound thereby, any Thing in
+the Constitution or Laws of any State to the Contrary notwithstanding."
+This and the correlative clause which extended the judicial power to all
+cases arising under the Constitution, the laws and the treaties of the
+United States, may be called the keystone of the whole constitutional
+structure. "For the first time in history, courts are called upon by the
+simple processes of administering justice, in cases where private right
+or personal injury is involved, to uphold the structure of the body
+politic." And there were those in the convention who believed that the
+principle of judicial control included the power of passing upon the
+constitutionality of laws enacted by Congress.
+
+It was still within the power of the old Congress to expedite or block
+the ratification of the new Constitution. The document which the
+Philadelphia Convention presented was technically only a revision of the
+Articles of Confederation, which might be altered only with the consent
+of the legislatures of all thirteen States; but the last article of this
+new instrument provided that when ratified by conventions (not
+legislatures) in nine States, it should go into effect among the States
+so acting. In effect, Congress was asked to sanction a secession of nine
+States from the old Union which had been declared perpetual. Making a
+virtue of necessity, Congress finally yielded and passed the
+Constitution on to the States.
+
+[Map: Distribution of Votes in Ratification of the Constitution
+The Middle States (Based on the map of O. G. Libby)]
+
+Since the party struggles of Whigs and Tories no campaign of continental
+proportions had ever been seen like that which ensued between the
+friends and foes of the new Constitution. By their forehandedness and
+their clear perception of what they must do, the Federalists, as the
+proponents of better government styled themselves, had a slight tactical
+advantage. The Anti-Federalists resented the assumption of the name by
+their opponents. They were the true friends of federal government, while
+the friends of the new Constitution aimed to set up a consolidated
+government. The press teemed with letters and essays, allegories and
+satires, squibs and pasquinades, expostulating, warning, ridiculing. The
+public was invited to heed the admonitions of Cato, Cassius, and many
+another worthy Roman.
+
+Although much the same arguments, sober or satirical, were used
+everywhere, the campaign had to be fought out in the several States,
+each with its own peculiar social, economic, and political conditions.
+In Massachusetts the eastern counties, with their dominant commercial
+and mercantile interests, favored the Constitution, while the interior
+agricultural section, which had fought the battles of the Revolution and
+recruited the ranks of Shays' army, opposed it. The interior counties of
+New York containing the farming population were Anti-Federal, while the
+city and county of New York with its environs--the commercial
+section--were Federalist. In Pennsylvania, those who had opposed the
+domination of the Scotch-Irish and German radicals in the State
+Government now united in advocacy of the new Constitution. Here as
+elsewhere the Federal area corresponded closely to the counties where
+commercial and mercantile interests were most in evidence. In Virginia,
+the old-time social and economic antagonism between east and west,
+between the planters and merchants of the tidewater and the small
+farmers of the interior, reappeared. Much the same alignment is found in
+the Carolinas. Beyond the Alleghanies, the people were a unit in
+opposing the Constitution.
+
+Detailed studies of the geographical distribution of votes in the state
+conventions, and recent investigations in the archives of the Treasury
+Department, sustain the conclusion to which the historian is driven by
+the testimony of contemporaries, that the fundamental opposition between
+the advocates and opponents of the Constitution was based on
+distinctions of wealth. On his first view of the Constitution young John
+Quincy Adams wrote in his diary: "It is calculated to increase the
+influence, and power, and wealth of those who have any already." A
+writer in the _Boston Gazette_ declared that the supporters of the
+Constitution consisted generally of the noble Order of Cincinnatus,
+holders of public securities, bankers, and lawyers: "these with their
+train of dependents form the Aristocratick combination." Over against
+this should be put the remark of Alexander Hamilton: that the new
+Constitution encountered the "opposition of all men much in debt, who
+will not wish to see a government established, one object of which is to
+restrain the means of cheating creditors." According to John Adams, the
+Constitution was "the work of the commercial people in the seaport
+towns, of the planters of the slaveholding states, of the officers of
+the Revolutionary army, and the property-holders everywhere."
+
+From November to the following July the campaign continued. Delaware,
+New Jersey, and Georgia ratified the Constitution unanimously;
+Connecticut by a majority of three to one; and Pennsylvania, by a
+majority of two to one. But there is reason to believe that these
+majorities in the ratifying conventions did not reflect public opinion
+accurately. Massachusetts, Maryland, and South Carolina followed
+hesitatingly, each proposing amendments to the Constitution. Toward the
+end of June the ninth State, New Hampshire, threw in her lot with the
+majority; and on the heels of this news came the intelligence that the
+Old Dominion had also ratified. The Constitution was now the law of the
+land. In the stanch Federal city of Philadelphia, the Fourth of July was
+celebrated with great rejoicing, for in the parlance of the time the
+sloop Anarchy was ashore on Union Rock, the old scow Confederation had
+put to sea, and the good ship Federal Constitution had come into port
+bringing a cargo of Public Credit and Prosperity.
+
+[Map: Distribution of Votes in Ratification of the Constitution
+The Southern States, 1787-1790 (Based on the map by Dr. O. G. Libby)]
+
+But until New York ratified the Constitution this rejoicing was
+premature. Geographically New York was a pivotal State. A union without
+this member was not worthy of the name. The task of the Federalists was
+here most difficult. Fully two thirds of the convention were at first
+opposed to the Constitution. The leadership of the Federalists fell to
+Hamilton. Together with James Madison and John Jay, he contributed to
+the newspapers a series of essays in advocacy of the Constitution,
+which, under the title _The Federalist_, have become a classic in our
+political literature. Just how the Federalists succeeded in overcoming a
+hostile majority and in securing a ratification of the Constitution by a
+vote of thirty to twenty-seven, remains a mystery to this day.
+
+Half a century later it became the habit of statesmen of the nationalist
+school to speak of the Constitution as the work of the people of the
+United States. John Marshall declared the Constitution to be "an
+expression of the clear and deliberate will of the whole people." As a
+matter of fact, no direct popular vote was taken at any stage in its
+evolution. The delegates to the Philadelphia Convention were chosen by
+the state legislatures; their work was ratified by conventions of
+delegates in the several States; and these delegates were chosen in
+every State but one on a carefully limited suffrage. New York alone
+provided that delegates to the convention should be elected on the basis
+of manhood suffrage. Elsewhere property qualifications were imposed
+which disfranchised probably about one third of the adult male
+population. In all the States a considerable proportion of the voters
+abstained from voting. In Boston, where twenty-seven hundred were
+qualified to vote, only seven hundred and sixty took the trouble to
+vote for delegates to the state convention. A recent writer hazards the
+guess that "not more than one fourth or one fifth of the adult white
+males took part in the election of delegates to the state conventions."
+If this be true, the Constitution expressed something less than the will
+of the whole people and perhaps not even of a majority. The making of
+the Constitution was clearly the work of a party rather than of the
+whole people. In the ranks of the Federalist party were the wealth and
+intelligence which made possible concerted and rapid action. The
+leadership fell naturally to those who had been accustomed to public
+life. From this point of view, the adoption of the Constitution was the
+triumph of a "natural aristocracy."
+
+Meantime, Congress nearing its end made testamentary provision for its
+heir. After much wrangling and vacillation, it fixed upon New York as
+the seat of the new Government and summoned the States to choose
+presidential electors, Senators, and Representatives. The new national
+legislature was to assemble on the first Wednesday in March, which fell
+upon the 4th. To this summons, two States turned a deaf ear. Not having
+ratified the new Constitution, North Carolina and Rhode Island were
+strangely circumstanced. Of all the States which had entered into the
+"firm league of friendship," they alone remained loyal--loyal, but
+discredited.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     Full accounts of the work of the Federal Convention may be found
+     in the histories of Bancroft and Curtis; briefer accounts, in the
+     volumes already cited, by McMaster, Fiske, McLaughlin, and
+     Channing. A succinct narrative is given by Max Farrand, _The
+     Framing of the Constitution_ (1913). A suggestive volume, treating
+     of the Constitution as the resultant of conflicting economic
+     interests, is C. A. Beard's _An Economic Interpretation of the
+     Constitution of the United States_ (1913). Among the special
+     studies of the ratification of the Constitution may be mentioned,
+     O. G. Libby, _The Geographical Distribution of the Vote of the
+     Thirteen States on the Federal Constitution, 1787-1788_ (1888);
+     McMaster and Stone, _Pennsylvania and the Federal Constitution,
+     1787-1788_ (1888); S. B. Harding, _The Contest over the
+     Ratification of the Federal Constitution in the State of
+     Massachusetts_ (1896); and F. G. Bates, _Rhode Island and the
+     Formation of the Union_ (1898). The most illuminating notes of the
+     debates in the Convention were those taken by James Madison, which
+     are printed in the _Records of the Federal Convention_ (3 vols.,
+     edited by Farrand, 1911). The most valuable commentary on the
+     Constitution is still _The Federalist_, written by Madison,
+     Hamilton, and Jay.
+
+
+
+
+CHAPTER III
+
+THE RESTORATION OF PUBLIC CREDIT
+
+
+"The people have been ripened by misfortune for the reception of a good
+government," Washington wrote to Jefferson, in the midsummer of 1788.
+"They are emerging from the gulf of dissipation and debt into which they
+had precipitated themselves at the close of the war. Economy and
+industry are evidently gaining ground." There is, indeed, abundant
+evidence that thrift and enterprise were steadily banishing hard times.
+The task of establishing the new government was made incomparably easier
+by the confidence inspired by returning prosperity.
+
+Already West India commerce had resumed very nearly its old volume. Both
+France and Spain had made concessions to vessels which came to the
+island ports laden with American produce. The Dutch and the Danish
+islands had always been kept open to American trade; and evidence is not
+wanting that the needs of British West India planters were stronger than
+their respect for orders in council. At all events, by hook or crook,
+American farm products and lumber found their way to British planters as
+well as to their French competitors. But something more than the
+resumption of the West India traffic was needed to restore prosperity.
+Necessity drove American sea captains to longer voyages and larger
+ventures. American vessels found their way in increasing numbers through
+the Baltic to Russia, and around Cape Horn to the Pacific ports, to
+China, and to the East Indies. One of the pioneers of this traffic to
+the Far East was Captain Robert Gray, of Boston, who, in his ship, the
+Columbia, doubled the Cape of Good Hope and completed the first American
+voyage around the world.
+
+While hardy seamen were seeking new markets, American ingenuity was
+trying to reproduce the machinery which was coming into use in England
+for the manufacture of textiles. In the year 1789, Pennsylvania was
+manufacturing cotton cloths, hats, and "all articles in leather," while
+Massachusetts was making cordage, duck, and glass. "The number of shoes
+made in one town, and nails in another, is incredible," wrote
+Washington. When Hamilton made his famous report on manufactures two
+years later, he described some seventeen industries which had already
+attained considerable proficiency, though nearly all of these were
+carried on in the household.
+
+The dawn of the 4th of March was saluted by the guns at the Battery in
+New York and by the ringing of church bells. This day was to witness the
+inauguration of the new Government. Delusive expectation! The dilatory
+habits of a decade were not so readily unlearned. To the amusement of
+ill-wishers, barely a score of Congressmen appeared in the city; and the
+carpenters were still at work remodeling the old City Hall into a
+fitting habitation for the new Federal Congress. It was not until the
+30th that enough Representatives were in attendance to make up a quorum
+and to permit the House to organize. Another week passed before the
+Senate could organize.
+
+On the 6th of April, the Senate summoned the House to attend the
+counting of the electoral votes. It then appeared that George Washington
+had received the highest number (69) and John Adams the next highest
+(34). This happy result had not been achieved without some concerted
+action among the Federalist leaders. The great personal influence of
+Washington was needed, indeed, to give dignity to the new office. While
+messengers were hastening to inform Washington and Adams of their
+election, the members of Congress had ample opportunities to look each
+other over. If they were not well known to each other, they were at
+least conspicuous in their respective communities. Nearly every man had
+held public office under his State Government and a large proportion had
+sat in the state conventions which had ratified the Constitution. Over
+two thirds of the Representatives counted themselves Federalist, or at
+least friends of the new Constitution.
+
+[Map: Distribution of Population 1790
+(Indian Tribes beyond the settled area)]
+
+On the 30th of April, the Senate and House in joint session received the
+President-elect. With simple ceremonies as befitted the occasion, the
+inauguration of our first President was consummated. Stepping from the
+Senate chamber upon the balcony, Washington looked out upon the crowds
+which thronged Wall Street. The Chancellor of New York administered the
+oath, the populace shouted, "Long live George Washington, President of
+the United States!" and then the President withdrew to deliver his
+inaugural address.
+
+When the minutes of the Senate were read next day an incident occurred,
+which, trivial as it seems, was indicative of a spirit that may be truly
+characterized as American. The President's address was referred to as
+"His most gracious Speech." In a moment the doughty Maclay, of
+Pennsylvania, sprang to his feet with a vigorous protest. These were
+words which savored of kingly authority and which were odious to the
+people. He moved that they be struck out. Vice-President John Adams
+remonstrated mildly; he saw no objection to borrowing the practices of a
+government under which we had lived so long and happily. Senator Maclay
+was on his feet at once with the declaration that the sentiments of the
+people had undergone a change adverse to royal government. Such a phrase
+on the minutes of the Senate would immediately be represented as "the
+first rung of the ladder in the ascent to royalty." Maclay had his way
+and the offensive phrase was erased. Much the same republican spirit
+appeared in the debate on titles. The Senate would have preferred to
+address the President as "His Highness, the President of the United
+States and Protector of their Liberties"; but the House insisted on
+having the plain title, "President of the United States."
+
+Even before the inauguration, the House of Representatives had entered
+upon its first tariff debate, for an immediate revenue was needed if the
+wheels of government were to move. Madison was ready with a scheme of
+customs duties patterned very largely after the ill-fated project of
+1783. On all sides it was agreed that taxes should be external rather
+than internal, upon foreign rather than domestic commerce. Madison
+advocated duties upon "articles of requisition likely to occasion the
+least difficulty," such as spirituous liquors, molasses, wines, tea,
+coffee, cocoa, pepper, and sugar. But almost at once the idea was
+broached that indirect aid should be given to certain industries. The
+clash of opposing sectional interests appears even in this first debate.
+In the end Madison's simple revenue measure was set aside. Specific
+duties were levied on more than thirty articles, and _ad valorem_ duties
+ranging from five to fifteen per cent on all others. Revenue was still
+the main object, but protective duties were deliberately grafted upon
+the bill. Tonnage dues were fixed in a separate act, while still another
+act laid the foundations of our national fiscal administration. In every
+State, side by side with local officials, yet independent of state
+control, there were to be collectors, surveyors of ports, inspectors,
+weighers, gaugers, measurers,--in short, so many living witnesses to the
+existence of a self-sufficient central government.
+
+When Congress addressed itself to the work of establishing the executive
+departments, questions of constitutional interpretation thrust
+themselves into the foreground. Experience under the Confederation
+proved the need of at least the three departments of foreign affairs,
+war, and treasury. Bills to establish these departments were at once
+framed and favorably considered, but exception was taken to the
+provisions making the heads of these departments, who were appointed by
+the President and Senate, removable by the President alone. It was
+finally agreed to assume that the President had the power to remove from
+office. The act was therefore made to read, "Whenever said principal
+officer shall be removed by the President." In this wise, by legislative
+construction, the Constitution was expanded at many points in the early
+years of the new Government.
+
+The bill to establish the Treasury Department was drawn in accordance
+with the ideas of Hamilton, for it was expected that he would be the
+first incumbent of the office. It may have been his well-known
+partiality for British institutions that caused the House to mistrust
+the phrase which made it the duty of the Secretary "to digest and report
+plans for the improvement and management of the revenue, and the support
+of the public credit." "If we authorize him to prepare and report
+plans," argued Tucker, of Virginia, voicing that fear of executive
+authority which was then instinctive, "it will create an interference of
+the executive with the legislative powers; it will abridge the
+particular privilege of this House.... How can business originate in
+this House, if we have it reported to us by the Minister of Finance?"
+The House was not minded to make Alexander Hamilton a Chancellor of the
+Exchequer. The bill was amended to read, "digest and prepare."
+Subsequently the House showed unmistakably its determination to assume
+direction of the national revenues and expenditures.
+
+One of the first concerns of Congress was to give substance to the
+colorless statement of the Constitution that there should be one supreme
+court and such inferior courts as Congress should ordain and establish.
+On the day following its organization, while the House was grappling
+with the question of revenue, the Senate appointed a committee to bring
+in a bill to establish the federal courts. The chairman of this
+committee was Oliver Ellsworth, of Connecticut, who had sat on the bench
+of the Court of Appeals under the Confederation and who had been an
+influential member of the Federal Convention. The bill reported by the
+committee was substantially his work. It provided for a supreme court
+bench of six judges--a chief justice and five associates; for thirteen
+district courts, each with a single judge; and for three circuit courts,
+each of which was to consist of two justices of the Supreme Court and a
+district judge. Lengthy provisions in the act carefully delimited the
+jurisdiction of these courts, and laid down the modes of procedure and
+practice in them. Of great importance was the twenty-fifth section,
+which provided for taking cases on appeal to the Supreme Court from the
+lower federal and state courts. The words of the act, by a fair
+implication, would seem to confer upon the Supreme Court the power to
+review the decision of a state court holding an act of the United States
+unconstitutional. It would seem to follow logically that the Supreme
+Court might do also directly what it might do indirectly--declare an act
+of Congress void by reason of its repugnance to the Constitution.
+Ellsworth, at least, held that in the discharge of their ordinary
+duties, the judges of the federal courts would have the right to
+pronounce acts of Congress void when they stood in conflict with the
+Constitution. Attempts were made, in the course of the debate on the
+Judiciary Act, to strip the federal courts of all jurisdiction except in
+admiralty and maritime cases. Many members of Congress agreed with
+Maclay in thinking that the Judiciary Act was calculated to draw all law
+business into the federal courts. "The Constitution is meant to swallow
+all the state constitutions, by degrees," averred the worthy Senator
+from Pennsylvania; "and this [bill] to swallow, by degrees, all the
+state judiciaries."
+
+The wisdom of the new President appeared in his appointments to office.
+Concerned solely with the fate of the federal experiment, he sought
+consistently the support of those who would add weight to the new
+Government, and who were Federalists in politics. Not only personal
+fitness but sectional interests had to be taken into consideration.
+Washington was solicitous to draw "the first characters of the union"
+into the judiciary, particularly those who had served in the state
+courts and commanded public confidence. His choice for Chief Justice
+fell upon John Jay. Rutledge, of South Carolina, Wilson, of
+Pennsylvania, Cushing, of Massachusetts, Harrison, of Maryland, and
+Blair, of Virginia, were first named as Associate Justices. Washington
+chose his chief advisers also from different sections. Thomas Jefferson
+was invited to become Secretary of State--a post which he accepted
+somewhat reluctantly. Hamilton did not have to be urged to take the
+headship of the Treasury. Knox was given the superintendence of a
+military establishment which then numbered only a few hundred men.
+Edmund Randolph was appointed Attorney-General.
+
+Before Congress adjourned in the fall, it adopted and sent to the States
+for ratification twelve amendments to the new Constitution. There were
+those who thought this action precipitate. Why tinker with a
+constitution which had hardly been tried? To all such Madison replied
+cogently that the amendments which his committee reported did not alter
+the framework of the instrument, but added only certain safeguards to
+individual rights. The lack of a declaration of rights had been deplored
+in every convention and had cost the support of many respectable people.
+Moreover, two communities had not yet "thrown themselves into the bosom
+of the Confederacy." The wisdom of this course was attested by the
+prompt ratification of ten of the twelve proposed amendments.
+
+On November 21, 1789, North Carolina ratified the Constitution, leaving
+Rhode Island to a position of hazardous isolation. Congress was
+considering a bill to cut off the commercial privileges of the State, by
+putting her on the footing of a foreign nation, when news came that a
+convention at Newport had ratified the Constitution by the narrow margin
+of two votes. In the following year the number of States was increased
+by the admission of Vermont. The admission of Kentucky followed in 1792;
+and Congress paved the way for the entrance of other States into the
+Union by organizing the Southwest Territory out of Western lands ceded
+by the three southernmost States. The expansion of the United States had
+begun, bringing with it unforeseen problems.
+
+The severest labors of Congress began in the second session, when the
+new Secretary of the Treasury presented his first report on public
+credit. Shortly after the Convention of 1787, Hamilton had expressed his
+belief that one of the great dangers which threatened American society
+was "the depredations which the democratic spirit is apt to make on
+property." Distrusting the political capacity of the people, whom in
+private he called "a great beast," he believed that the new Government
+would succeed or fail in just the proportion that it enlisted the
+support of the influential and wealthy classes. He set himself
+deliberately to the task of identifying the interests of the propertied
+classes with those of the Government.
+
+It was a sorry state in which Hamilton found the national finances. The
+foreign debt, including principal and arrears of interest, amounted to
+$11,710,000. The domestic debt, much more difficult to determine, was
+not less than $42,414,000, about one third of which was made up of
+arrears of interest. The debts of the individual States, principal and
+interest, were estimated at about $25,000,000. These were heavy burdens
+for the shoulders of a young Government whose fiscal powers were as yet
+untested. But the shoulders had to be fitted to the burden, if public
+credit was to be restored.
+
+In this first report on public credit, January 9, 1790, Hamilton
+analyzed the financial situation with masterly clearness and set forth
+his plans for the adjustment of the national debt. The determination of
+Congress to make adequate provision for the support of the public credit
+was justified in his mind by every consideration. A country like the
+United States, possessed of little active wealth, must borrow in
+emergencies; to borrow on good terms, it must establish its credit; and
+to maintain its credit, it must faithfully observe its contracts. But
+over and above these considerations, dictated by expediency, were
+"immutable principles of moral obligation." Moreover, the national debt
+was no ordinary obligation: it was "the price of liberty." On all sides,
+it was agreed that the debt contracted abroad should be provided for in
+the precise terms of the contracts.
+
+It was only in regard to the domestic debt that differences of opinion
+were likely to arise. The notes representing this debt were of all sorts
+and kinds. Much of it had changed hands and all of it had depreciated in
+value. Some of it still circulated as a monetary medium. The vital
+question was: how were the present holders to be paid? At the face value
+of the paper, or at the price for which it had been purchased? Hamilton
+argued firmly against any discrimination, both because it was a breach
+of contract and because it was a violation of the rights of a fair
+buyer.
+
+When this part of Hamilton's plan came before Congress in concrete form,
+it gave rise to the bitterest debate which had been heard. That it would
+give opportunity for immoderate speculation was plain enough; yet every
+alternative which aimed to do justice by both the original and the
+present holder was confessedly inadequate, when a certificate of
+indebtedness, for example, had passed through several hands without
+record.
+
+No sooner was Hamilton's proposal made than a wild scramble began for
+the possession of the hitherto worthless government paper. "Couriers and
+relay horses by land, and swift sailing pilot boats by sea, were flying
+in all directions," wrote Jefferson. "Active partners and agents were
+associated and employed in every state, town, and country neighborhood,
+and this paper was bought up at 5/ and even as low as 2/ in the pound,
+before the holder knew Congress had already provided for its redemption
+at par. Immense fortunes were thus filched from the poor and ignorant,
+and fortunes accumulated by those who had themselves been poor enough
+before."
+
+[Map: Vote on Assumption July 24, 1790]
+
+The second part of the scheme outlined in Hamilton's first report
+aroused even more bitter opposition. With a fine audacity he proposed
+the assumption of state debts. It is difficult to believe that Hamilton
+was perfectly ingenuous in stating his reasons for this move. He
+apprehended, he said, that the States would be hampered in satisfying
+their creditors because they had surrendered one important source of
+revenue to the central Government, duties on imports. In resorting to
+other means, the States might pass conflicting measures which would
+oppose industry. Besides, the debts had been incurred in the cause of
+Union and should be borne by all. But deeper than these reasons was
+probably a political motive. Hamilton had no local attachments. A
+thoroughgoing nationalist, he saw in the claims of the States to
+autonomy only so many obstacles in the path of national unity. "To
+cement more closely the Union of States" by creating a solidarity of
+financial interests, was, indeed, the basal principle of his fiscal
+plans.
+
+The wrath of Congressmen from States like Virginia, which had already
+discharged most of their debts, knew no bounds. After they had practiced
+thrift and met their obligations, should they, forsooth, now aid their
+less provident sisters? The chief opponents of assumption came from the
+South, and the chief advocates from the North. South Carolina and New
+Hampshire parted company with their neighbors, the one because it had a
+large debt and the other because it had not. Pennsylvania was divided on
+this question. For a time the opposition was too strong to be overcome.
+On May 25, 1790, an adverse vote seemed to seal the fate of "Miss
+Assumption," as the wits of the day called this measure. Just at this
+juncture the question of the location of the future capital, which had
+been debated inconclusively during the first session, was revived. Here
+again the North was arrayed against the South. Should the capital be
+located on the Potomac, as Maryland and the Southern States wished, or
+somewhere in Pennsylvania? New York was now out of the question, and
+since Pennsylvania would not support assumption, the New England States
+rather spitefully opposed the claims of Philadelphia.
+
+Here was a situation which called for the _finesse_ of the politician.
+Might not votes for one project be traded for the other? Would the
+Virginia representatives abandon their opposition to assumption for the
+sake of locating the capital on the banks of the Potomac? It was at this
+juncture that Hamilton sought out Jefferson, whose influence over the
+Congressmen from Virginia was very considerable, and laid the project
+before him. With a readiness which he afterward regretted, Jefferson
+fell in with the scheme, and invited Hamilton and certain Virginia
+Representatives to dine at his table. In this comfortable fashion, over
+their wine, these gentlemen reached an amicable agreement. Such is
+Jefferson's account, but the matter could not have been quite so simple,
+for other Representatives than those from Virginia changed their votes
+and so contributed to the final settlement of the controversy. Nor is
+Jefferson quite ingenuous when he afterward described himself as duped
+by Hamilton, for he had not shown himself averse to assumption at any
+time. Be this as it may, Congress voted to assume the debts of the
+States, and to remove the seat of government from Philadelphia after ten
+years to a district ten miles square on the Potomac, which Washington
+was to select.
+
+The need of further revenue was now imperative. As Hamilton said in his
+second report on the public credit, the duties on imported articles had
+reached a point which might not be exceeded "without contravening the
+sense of the body of the merchants." When Congress met for its third
+session in December, 1790, Hamilton boldly urged what was perhaps as
+unpopular a tax as he could have proposed--a duty on distilled spirits.
+To most Americans an excise was not only an internal tax, but as
+Jefferson said, "an infernal one." It was bound to fall with heavy
+weight upon the people of the interior who turned much of their corn and
+rye into whiskey, for more convenient transportation over the mountains
+to Eastern markets. But despite strenuous opposition the excise was
+voted. It was, as a member of Congress expressed it, like "drinking down
+the national debt."
+
+In this same report of December 13, 1790, Hamilton advocated the
+establishment of a national bank. Such an institution, he believed,
+would increase the amount of active capital in the country and at the
+same time serve the Government as a fiscal agent in obtaining loans and
+in collecting taxes. Opposition to this project gathered rapidly and was
+encouraged by the Secretary of State. The debates in Congress touched
+upon the monopolistic tendency of such a banking institution and its
+constitutionality, rather than upon its intrinsic merits and demerits.
+The bill was carried by substantial majorities in February, 1791, and
+sent to the President for his approval.
+
+Washington was so beset with doubts as to the constitutionality of the
+bank bill that he asked his secretaries and the Attorney-General to
+express their opinions. Jefferson argued that the power to incorporate a
+bank was not given by the Constitution to Congress, for it was not among
+the enumerated powers and it was not a power which belonged to any of
+the enumerated powers as indispensably necessary to their exercise.
+Hamilton deprecated this attempt to confine the general Government
+either to powers expressly granted or to powers absolutely necessary to
+carry out the enumerated powers. There was another class, he contended,
+which might be termed "resulting" powers. If the end to be gained by a
+measure was comprehended within the specified powers, and the measure
+was obviously a means to that end and not forbidden by the Constitution,
+then it was clearly within the compass of the national authority.
+Washington finally yielded to Hamilton's persuasions, and signed the
+bill.
+
+The charter of the bank fixed the capital stock at ten million dollars,
+of which the Government was to subscribe one fifth; the rest was open to
+public subscription. Three fourths of the public subscriptions might be
+paid in bonds of the Government. The notes issued by the bank were made
+receivable for all payments to the United States. The bank was to be the
+repository of the government funds. Its management was committed to a
+board of twenty-five directors chosen annually, who could establish
+branch banks as they deemed advisable. The charter was to run for twenty
+years.
+
+The stock of the bank was not only subscribed at once, but soon sold at
+a premium which invited the wildest sort of speculation in Philadelphia,
+New York, and Boston. Stock-jobbing became a mania. "The coffee house is
+in an eternal buzz with the gamblers," Madison wrote from the seat of
+government. Sinister aspects of this speculative craze soon began to
+appear. "Of all the shameful circumstances of this business," said
+Madison, "it is among the greatest to see the members of the Legislature
+who were most active in pushing this job openly grasping its
+emoluments." It was reported that Schuyler, Hamilton's father-in-law,
+was to head the board of directors.
+
+As the wide reach of Hamilton's financial policy became clear, men like
+Madison, whose sympathies had hitherto been enlisted on the side of more
+efficient government, had grave misgivings. When the Secretary of the
+Treasury intimated in his report on manufactures that Congress might
+promote the general welfare by appropriating money in any way it chose,
+Madison definitely parted company with his former collaborator, holding
+that by such an interpretation of the Constitution "the Government is no
+longer a limited one possessing enumerated powers, but an indefinite
+one, subject to particular restrictions." Jefferson had already
+expressed himself in a similar way apropos of the bank bill. The
+suspicions which the Secretary of State entertained of his brilliant
+colleague were deep-seated. Hamilton's well-known preference for the
+British Constitution and his disposition to convert his secretaryship
+into a sort of chief ministerial office confirmed Jefferson's distrust.
+Had he and Madison been alone in their suspicions, their misgivings
+would not be worth recording; but they voiced the sentiments of an
+increasing number of men who disliked the consolidating tendencies of
+the new Government.
+
+Moreover, the aristocratic tone of Washington and his _entourage_ gave
+deep offense. Both by disposition and by calculation the President
+cultivated a certain official etiquette. His receptions were formal to
+the point of frigidity. He received his visitors "with a dignified bow,
+while his hands were so disposed as to indicate that the salutation was
+not to be accompanied with shaking hands." His figure clad in black
+velvet was most impressive. His hair was powdered and gathered in a
+large silk bag. His hands were dressed in yellow gloves, and he carried
+a cocked hat adorned with a black feather, while at his side hung a
+sword in a scabbard of white polished leather. To ardent republicans
+these trappings were so many manifestations of monarchical leanings.
+Hamilton's suggestion that coins should bear the head of the President
+under whom they were minted, was additional evidence to suspicious minds
+that the group of men who had the President's ear were monarchists at
+heart.
+
+Before the First Congress adjourned, the nucleus of a new party was at
+hand and its fundamental tenet roughly foreshadowed: namely, opposition
+to the increase of the powers of the Federal Government through the use
+of implied powers and at the expense of the State Governments. The
+appearance of the first number of the _National Gazette_ under the
+editorship of Philip Freneau was a sign that the further conduct of the
+Administration would be subjected to searching criticism. Freneau
+succeeded admirably in voicing the opinions of the nascent party. The
+columns of the _National Gazette_ had much to say about "aristocratic
+juntos," "ministerial systems," and "the control of the government by a
+wealthy body of capitalists and public creditors," whose interests were
+in opposition to those of the people. When Hamilton's paper, the _United
+States Gazette_, attempted to stigmatize the opposition as essentially
+Anti-Federalist, Freneau replied that only those men were true friends
+of the Union who adhered to a limited and republican form of government
+and who were ready to resist the efforts which had been made "to
+substitute, in the room of our equal republic, a baneful monarchy." By
+posing as the only stanch supporters of republicanism, the opposition
+secured a great tactical advantage. To call one's self emphatically a
+Republican was to cast aspersions upon the republicanism of one's
+opponents.
+
+As yet, however, there existed only tendencies toward parties and not
+clearly defined political groups. The voting in the early sessions of
+Congress was far from consistent. The members gave little indication
+that they regarded themselves as adherents of parties whose fortunes
+depended on preserving an unbroken alignment for or against the
+Government. How little coherence the opposition possessed was apparent
+when Giles, of Virginia, presented a resolution censuring Hamilton for
+his management of the Treasury. Despite the unpopularity of Hamilton and
+the general distrust of his policy in Republican circles, the opposition
+could muster only seven votes in favor of the resolution, in the closing
+hours of the Second Congress.
+
+The presidential election of 1792, therefore, was not properly a contest
+between parties. When Washington consented reluctantly to serve a second
+term, his unopposed reelection was assured. The Republicans expressed
+their opposition only by supporting for Vice-President, George Clinton,
+of New York, whose Anti-Federalism was well known, instead of John
+Adams, of Massachusetts. The congressional elections of this year
+resulted in the choice of men whose leanings were rather Republican than
+Federalist.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     Besides the works of Hildreth and of McMaster, there are several
+     compendious histories which treat of the beginnings of the new
+     government. Among these are James Schouler, _History of the United
+     States under the Constitution_ (7 vols., 1880-1913), and E. M.
+     Avery, _History of the United States and its People from their
+     Earliest Records to the Present Time_ (7 vols., 1904- ). The events
+     of the Administrations of Washington and Adams are narrated by J.
+     S. Bassett, _The Federalist System_ (in _The American Nation_,
+     vol. 11, 1906). Among the special studies of importance are D. R.
+     Dewey, _Financial History of the United States_ (1903); C. R.
+     Fish, _The Civil Service and the Patronage_ (1905); H. B. Learned,
+     _The President's Cabinet_ (1912); and W. W. Willoughby, _The
+     Supreme Court of the United States_ (1890). There are many
+     biographies of the Federalist leaders. Among the best are W. C.
+     Ford, _George Washington_ (2 vols., 1900); W. G. Sumner,
+     _Alexander Hamilton_ (1890); F. S. Oliver, _Alexander Hamilton; an
+     Essay on American Union_ (1907); J. T. Morse, _John Adams_ (1885);
+     W. G. Brown, _Life of Oliver Ellsworth_ (1905). Of contemporary
+     writings none will give a more intimate view of politics than
+     Senator William Maclay's _Journal_ (1890). William Sullivan,
+     _Familiar Letters on Public Characters_ (1834), gives some lively
+     sketches of notable figures, but he writes with a strong
+     Federalist bias.
+
+
+
+
+CHAPTER IV
+
+THE TESTING OF THE NEW GOVERNMENT
+
+
+The new Government fell heir to all the unsettled diplomatic problems of
+the Confederation. The political destiny of the thirteen States seemed
+fixed when they ratified the Constitution; the fate of the Western
+communities beyond the Alleghanies still hung in the balance. In
+Kentucky, General Wilkinson still intrigued in behalf of Spain. Sevier
+and Robertson, in Tennessee, were not averse to separation from the
+Eastern States nor to a Spanish protectorate. From New Orleans, Mobile,
+St. Marks, and Pensacola, the Spanish authorities supplied the Indians
+of the Southwest with arms and ammunition, counting on these uncertain
+allies to maintain their long frontier, for Spain still claimed Florida
+with its most northern boundary and refused to accept the validity of
+the British cession of 1783. More than this: Spain was disposed to claim
+both sides of the Mississippi, at least as far north as the Ohio.
+
+In the Northwest, British garrisons still held Michilimackinac, Detroit,
+Niagara, Oswego, and other posts. The policy of Great Britain was
+dictated by much the same considerations as was that of Spain. Lord
+Dorchester, Governor of Canada, assured the home Government that "the
+flimsy texture of republican government" could not long hold the Western
+settlements in the Union. In 1789, the Lords of Trade reported that it
+was a matter of interest for Great Britain "to prevent Vermont and
+Kentucke, and all other settlements now forming in the Interior parts of
+the great Continent of North America, from becoming dependent upon the
+Government of the United States, or of any other Foreign Country, and to
+preserve them on the contrary in a State of Independence and to induce
+them to form Treaties of Commerce and Friendship with Great Britain."
+
+President Washington had hardly taken the oath of office when a war
+cloud appeared on the western horizon. Certain British vessels, bound
+for Nootka Sound to establish a trading-post, were seized by Spanish
+authorities in a way which provoked bitter resentment. In the early
+months of 1790, war seemed imminent. The situation was full of peril for
+the United States, for war would inevitably bring about military
+operations directed against Florida and Louisiana, and neither party was
+likely to respect the neutrality of the United States. The prospect of a
+conquest of the Spanish colonies by Great Britain alarmed the
+Administration. "Embraced from the St. Croix to the St. Mary's on the
+one side by their possessions, on the other side by their fleet," wrote
+Jefferson, "we need not hesitate to say that they would soon find means
+to unite to them all the territory covered by the ramifications of the
+Mississippi." Representations were therefore made to the British
+Government that "a due balance on our borders is not less desirable to
+us than a balance of power in Europe has always appeared to them."
+
+Fortunately the war cloud vanished as rapidly as it had formed. In the
+fall of 1790, Spain and England entered into a convention which averted
+hostilities. Yet the situation on both flanks of our long frontier was
+full of peril. Spain intrigued with the Creeks of the Southwest, while
+the British authorities in Canada encouraged the Indians north of the
+Ohio in their hostility to the white settlers. The attitude of the
+Indians along the Maumee and Wabash Rivers was so menacing that Governor
+St. Clair sent a punitive expedition against them; but the effect upon
+the Indians was so slight that a second expedition was set on foot in
+the following year. With a force of fourteen hundred raw recruits,
+unused to Indian warfare, St. Clair marched into the heart of the Indian
+country and suffered an inglorious defeat, on November 4, 1791. More
+than half of his command were killed, and scarcely a man escaped
+unscathed. It was a most humiliating reverse for the new Government,
+occurring almost under the eyes of British garrisons, and just as
+opposition was coming to a head in Congress.
+
+While two European powers were thus poised like vultures awaiting the
+demise of the new republic, a third darkened the sky. France deemed the
+moment auspicious for an attack upon the colonial possessions of her
+late ally, the King of Spain. The South American revolutionist, Miranda,
+had persuaded the French Ministry, as he had before persuaded Pitt, that
+the Spanish colonial empire was tottering and would readily fall with
+its rich spoil at the first resolute attack. The French Ministers were
+dazzled by the prospect of reviving a colonial empire in the new world.
+It seemed well within the range of possibilities to reduce Louisiana,
+and from the mouth of the Mississippi to begin the conquest of Spanish
+Central and Southern America. With this purpose in view, the Government
+sent as Minister to the United States, Citizen Genet, an ardent apostle
+of the Revolution. He was instructed to secure a treaty with the United
+States--"a true family compact"--which "would conduce rapidly to freeing
+Spanish America, to opening the navigation of the Mississippi to the
+inhabitants of Kentucky, to delivering our ancient brothers of Louisiana
+from the tyrannical yoke of Spain, and perhaps to uniting the fair star
+of Canada to the American constellation." But without waiting for the
+cooperation of the United States, Genet was to arouse the people of
+Kentucky and Louisiana by sending among them agents who should light the
+fires of revolution.
+
+[Map: The Northwest 1785-1795]
+
+The first news of the revolution in France had kindled the warmest
+sympathy in the United States. Emotional individuals thought they saw
+the events of our own revolution mirrored in the stirring drama in
+France. The spectacle of the new republic confronting the allied
+monarchs of Europe thrilled those who had battled with the hirelings of
+George the Third. Civic feasts became the fashion; liberty caps and
+French cockades were donned; "the social and soul-warming term Citizen"
+was adopted by the more demonstrative. But there were those who did not
+sing "Ca Ira" and who foresaw the peril of a general European war.
+
+Early in April, 1793, a British packet brought the news to New York that
+Louis XVI had been guillotined and that France was at war with England
+and Spain. The ominous tidings brought President Washington post-haste
+from Mount Vernon to Philadelphia. Summoning his advisers, he put before
+them the perplexing questions which had arisen in his mind. Neutrality
+was obviously the policy which national self-interest dictated; but
+neutrality seemed hardly compatible with our treaty obligations to
+France. In the treaties of 1778, the United States had expressly
+guaranteed French possessions in America and had opened its ports to
+French privateers and their prizes, denying the privilege to her
+enemies. Hamilton argued rather fallaciously that these treaties were
+made by the King of France and were binding upon his successors alone;
+they were not in force after the Revolutionary Government had destroyed
+the monarchy. Furthermore, the guaranty did not apply to an offensive
+war such as that which France was now waging. Jefferson and Randolph
+took issue with Hamilton on these points; but all agreed that neutrality
+must be preserved. On April 22, the President issued a proclamation,
+which, avoiding the word "neutrality," declared that the United States
+was at peace with both France and Great Britain, and warned all citizens
+to avoid all acts of hostility.
+
+The proclamation was well-timed, for Genet had already landed at
+Charleston and had begun his extraordinary career as revolutionary agent
+of the Gironde. He found the ground well watered for the seeds of
+revolution. In Georgia and South Carolina, the frontiersmen were
+smarting under the repeated depredations of the Cherokees and Creeks and
+eager to put an end to Spanish ascendancy in that quarter. Under these
+circumstances it was no difficult matter to arrange for expeditions
+against St. Augustine from the Georgia frontier, and against New Orleans
+from South Carolina by way of the Tennessee River and the Mississippi.
+Assuming that the United States was already enlisted in the cause by the
+treaties of 1778, Genet sent out orders to French consuls, bidding them
+set up courts of admiralty for the trial of prize cases, and even
+dispatched privateers from the port of Charleston to prey upon British
+vessels. Before Genet could reach Philadelphia, the French frigate
+L'Ambuscade had captured the Little Sarah in lower Delaware Bay, and had
+anchored with her prize in the river opposite the city.
+
+From Charleston, Genet made a triumphal progress to Philadelphia,
+receiving on all sides demonstrations which convinced him that the heart
+of the nation beat in unison with that of France. He was therefore much
+disconcerted and angered by the studied reserve of the President, to
+whom he presented his credentials in Philadelphia. What a contrast
+between the liberty-loving populace and this haughty aristocrat who kept
+medallions of Capet and his family upon his parlor walls! At a banquet
+in Oeller's Tavern, however, Genet received the sort of demonstrations
+which his French heart craved. There, amid poetic declamations and many
+libations to the Goddess of Liberty, he and his hosts donned the crimson
+cap of liberty and sang with infinite zest the new "Marseillaise." Even
+a well-balanced mind might have become convinced that the Administration
+and the people were out of accord.
+
+On the threshold of his career at Philadelphia, Genet demanded an
+advance payment on the debt which the United States owed to France. The
+refusal of the Administration to supply him with funds embittered him
+still further. He now took up with vigor his revolutionary projects in
+the West. The proposal of George Rogers Clark to raise a force and take
+all Louisiana for France reached him at this time and fitted in well
+with his general mission. Clark was given a commission as "Major General
+of the Independent and Revolutionary Legion of the Mississippi," and was
+promised the cooperation of frigates in his attack upon New Orleans. For
+this purpose Genet made haste to transform the Little Sarah into a
+privateer, under the very eyes of the Government. He was warned that he
+must not allow La Petite Democrate, as the vessel was rechristened, to
+put to sea. Nevertheless, in defiance of the state and federal
+authorities, the ship dropped down the bay and eventually put out to
+sea.
+
+Up to this moment Genet's popularity was immense. Very probably this
+popular devotion to the cause of France was inspired in part by the
+factious opposition which was irritating the Administration on purely
+domestic issues. Nevertheless, Liberty, Equality, and the Rights of Man
+were phrases which appealed cogently to the democratic masses in the
+States. In imitation of the Jacobin Club, Democratic societies sprang up
+in all the considerable centers of population from Boston to Charleston.
+In these organizations the voice of the disfranchised classes was
+articulate for the first time. With unprecedented virulence these
+Democrats attacked not only policies but personalities. Washington was
+libeled in such scurrilous fashion that even his composure broke down on
+one occasion, so Jefferson records; and he declared in a passion that by
+God! he had rather be in his grave than in his present situation.
+
+After the Little Democrat episode, however, popular sentiment began to
+grow cold toward Genet. His plans failed to carry; and he was reported
+to have exclaimed in a moment of irritation that he would appeal from
+the President to the people. This was the last straw. All but his most
+radical followers deserted him. The Administration now determined to
+demand his recall. But events in France had already terminated Genet's
+career. The Girondist party had fallen and the triumphant Jacobins had
+no use for an agent who had served the discredited faction. In February,
+1794, Genet was replaced by Fauchet and his revolutionary mission ended
+with his official duties.
+
+From the moment when France declared war upon Great Britain to the exile
+of Napoleon two decades later, the United States as a neutral nation was
+incessantly menaced by the aggressions of one or the other of the
+belligerents. A faithful picture of American politics must set the
+stirring events of this epoch against the forbidding background of
+European intrigue and war. In this struggle the supremacy of the seas
+fell to Great Britain. However victorious on European battlefields,
+French armies were powerless to defend the colonial possessions in the
+West Indies. Cut off from France the colonies could only maintain
+themselves by direct trade with neutrals like the United States. But by
+the so-called rule of 1756, neutral commerce was forbidden under these
+conditions. Ports closed to neutral commerce in time of peace might not
+be thrown open in time of war. Flinging consistency to the winds, the
+French Convention decreed in February, 1793, that neutral states might
+trade with her colonies on the same terms as French vessels. That Great
+Britain would refuse to sanction this trade was fully expected. It was
+inevitable that Great Britain would treat neutrals who accepted the
+French invitation as having forfeited their neutrality.
+
+With little or no thought of probable consequences, fleets of
+merchantmen set sail from Boston, Philadelphia, and other ports in the
+spring of the year, with cargoes of fish and grain to barter for sugar,
+coffee, and rum at Martinique, Antigua, and St. Kitts. The traffic
+promised to be most lucrative. But disaster overtook many a gallant
+vessel before she could reach her destination. In June, British orders
+in council instructed English cruisers to detain all vessels bound for a
+French port with corn, flour, and meal, and to purchase such supplies as
+were needed. Such vessels were then to be allowed to proceed to any port
+of a state with which His Majesty was living in amity. The skipper who
+had anything worth taking to a foreign port after an experience of this
+sort was lucky indeed. In November orders were issued for the seizure of
+all vessels laden with French colonial products or carrying provisions
+to any French colony.
+
+Tales of outrages perpetrated under the British orders in council soon
+began to reach the home ports of the West India merchantmen. Doubtless
+these tales lost nothing in the telling, but the unimpeachable fact
+remains that scores of American ships were seized and libeled in
+admiralty courts set up in the British West Indies. Nor did the British
+naval officers hesitate to impress seamen who were suspected of being
+British subjects. Republican opponents of the Administration, who had
+felt the proclamation of neutrality as a rebuff to our old ally, France,
+were now confirmed in their hostility to Great Britain. To their minds
+ample cause for war existed.
+
+The policy which Jefferson and Madison would have forced upon the
+Administration was one of retaliation. In a report to Congress Jefferson
+proposed that whenever our commerce was laid under restrictions by a
+foreign nation, similar restrictions should be put upon the trade of the
+offending state. By pacific coercion, the United States would oblige
+foreign states to make favorable commercial treaties. Madison urged this
+policy upon Congress in a series of resolutions; but the supporters of
+the Administration pointed out that retaliatory measures would sacrifice
+the trade with Great Britain, which furnished seven eighths of the total
+imports into the country. It was plain that the mercantile classes which
+upheld the Administration did not desire either war or retaliatory
+legislation, however much they might be suffering from British
+depredations. The resources of diplomacy were not yet exhausted. Might
+not a treaty be secured which would open up the British West India
+trade?
+
+Upon the news of the offensive orders in council of November, which
+reached Philadelphia in the following March, public feeling veered
+strongly toward war. At the same time with tales of new outrages at sea
+came a not very well authenticated but commonly accepted report of Lord
+Dorchester's speech to the Indians of the Northwest, in which he
+assured his dusky hearers that war was imminent between his country and
+the United States. Congress now began to prepare for the inevitable.
+Appropriations were made for the fortification of harbors and the
+collection of military stores. The depredations of the Algerine pirates
+in the Mediterranean gave excuse for the building of six frigates. An
+embargo was laid upon commerce for thirty days and then extended over
+another thirty days. Dayton, of New Jersey, alarmed the administration
+party by proposing the sequestration of all British debts as an
+indemnity for the vessels which had been seized by British cruisers.
+
+A rift now appeared in the war cloud. Early in April, Washington
+received intelligence of a new order in council dated January 8, 1794,
+which only forbade trade between the French colonies and Europe, leaving
+American vessels to trade freely with the French West Indies. Washington
+seized the opportune moment to test the resources of diplomacy. On April
+16, he sent to the Senate the nomination of Chief Justice John Jay as
+Envoy Extraordinary to the Court of St. James. Three days later the
+nomination was confirmed, and by the middle of May, Jay was on his way
+to England upon the most difficult mission of his diplomatic career.
+
+While Jay was pressing American grievances upon Lord Grenville, not the
+least of which was the retention of the Western posts by British
+garrisons, events occurred near one of the unsurrendered posts which
+might easily have brought on war. The humiliating defeat of St. Clair
+in 1791 had left the settlers beyond the Ohio at the mercy of the
+Indians. British authorities in Canada encouraged the Indians to believe
+that by combination they could check the advance of the whites. An
+Indian territory under British protection would have served the purposes
+of Great Britain admirably. To forestall these designs President
+Washington appointed to command in the Northwest Anthony Wayne--"Mad
+Anthony" of Revolutionary days. With a caution and thoroughness which
+belied his reputation, Wayne spent nearly two years in recruiting and
+drilling an army. Every effort in the mean time to conciliate the
+Indians was made futile by the machinations of their British advisers.
+By the spring of 1794, Wayne had an army sufficiently trustworthy to
+undertake a forward movement. His route lay down the Maumee River, at
+the rapids of which Lieutenant-Governor Simcoe had built a fort and
+stationed a small garrison, in anticipation of an American attack upon
+Detroit, which was supposed to be Wayne's objective. At a place known as
+Fallen Timber, a few miles south of the rapids, on August 18, Wayne
+found the Indians ready to offer battle. They had chosen their ground
+with considerable skill, but Wayne employed his cavalry and infantry so
+effectively that he drove the redskins from cover and pursued them with
+great slaughter almost to the walls of the British fort. The British
+commander demanded an explanation. Wayne replied with a taunt which
+amounted to a challenge and which was probably intended to be such; but
+the British refused to be drawn into hostilities. Had Wayne attacked
+and dispersed the British garrison, he would hardly stand condemned at
+the bar of history, for by the Treaty of Paris not he, but the British
+commander, was the intruder on foreign soil. Nevertheless, war at this
+time would have made Jay's mission futile and might have sacrificed the
+whole Mississippi Valley.
+
+The Administration had hardly time to applaud Wayne's victory when it
+was greatly perturbed by an insurrectionary movement in western
+Pennsylvania. The sturdy Scotch-Irish people of the southwestern
+counties beyond the mountains had always felt their aloofness from the
+eastern counties. They were now still further disaffected because of the
+federal tax on spirituous liquors. They shared the feeling of the
+Continental Congress, which in 1774 had declared an excise "the horror
+of all free states." Even before the incidence of the tax was fully
+felt, protests were drafted at mass-meetings and federal collectors were
+roughly treated. The tax fell with heavy weight upon the small farmer.
+Whiskey was not merely his chief marketable commodity: it was also his
+medium of exchange when money was scarce. A tax on his still seemed to
+be an unfair discrimination. Such was the pitch of public feeling in the
+year 1793 that farmers who complied with the law had their stills
+wrecked by masked men, popularly known as "Whiskey Boys."
+
+Early in July, 1794, the marshal of the district court of Philadelphia
+attempted to serve writs against distillers in the western counties who
+were charged with breaking the law. He chose his time unwisely, for the
+farmers were in the midst of harvesting, and liquor was circulating
+freely among the laborers. In serving his last writ, he was threatened
+by a number of reapers. This was the spark needed to start a
+conflagration. On the next morning the house of a revenue inspector,
+Neville, was attacked and blood was shed. A small detachment of soldiers
+from Fort Pitt was stationed at the house; but on the following day they
+were fired upon and forced to surrender, and the house of the inspector
+was burned. The marshal and the inspector fled the country. Matters went
+from bad to worse. The mail was robbed; the militia was summoned to meet
+at Braddock's Field for the avowed purpose of attacking the garrison at
+Fort Pitt; but there the courage of the leaders evaporated. The attack
+upon the garrison was commuted into a boisterous march through the
+streets of Pittsburg, whose citizens purchased immunity by liberal
+donations of whiskey to the thirsty rioters.
+
+On August 7, 1794, the President issued a proclamation commanding the
+insurgents to disperse, and summoned twelve thousand militia from the
+adjoining States to hold themselves in readiness for active service on
+the 1st of September. Meanwhile, earnestly desiring to avoid the use of
+force, Washington sent three commissioners to the scene of the riots in
+the hope of appealing to the sober sense of the people. They held
+protracted negotiations with representatives of the people in the
+disaffected district, but were unable to persuade them to deliver up the
+ringleaders of the revolt. On September 24, the President issued a
+second proclamation and set the troops in motion. Under the command of
+"Light Horse Harry" Lee, now Governor of Virginia, the army marched west
+in two divisions, but encountered no resistance. Many arrests were made
+and eighteen alleged leaders of the insurrection were sent to
+Philadelphia for trial. Only two of these, however, were convicted of
+treasonable conduct, and they were pardoned by the President. Some
+twenty-five hundred troops were quartered near Pittsburg for the winter;
+but rebellion did not again lift its head.
+
+The utter collapse of the Whiskey Rebellion made the whole affair seem
+ridiculous to those who gathered in the coffee-houses to hear the tales
+of the militiamen but the importance of the episode was not slight.
+Hamilton is said to have remarked on one occasion that a government can
+never be said to be established "until some signal display of force has
+manifested its power of military coercion." The Federal Government had
+now demonstrated that it was equal to the emergency whenever the laws
+were opposed by combinations too powerful to be suppressed by the
+ordinary course of judicial proceedings or by the powers vested in the
+marshals by law. The days of Shays' Rebellion had gone, never to return.
+
+There was an aspect of the insurrection which Washington did not fail to
+note in his annual address to Congress in November, 1794. The Democratic
+clubs had been unsparing in their condemnation of the excise law, and
+their resolutions had more than once a treasonable sound. Washington did
+not hesitate to deprecate the untoward influence of these "self-created
+societies" and to condemn those "combinations of men, who, careless of
+consequences, and disregarding the unerring truth that those who rouse
+cannot always appease a civil convulsion, have disseminated, from an
+ignorance or perversion of facts, suspicions, jealousies, and
+accusations of the whole Government." The Democratic societies now fell
+into disrepute and did not long survive their great prototype, the
+Jacobin Club of Paris.
+
+Although Jay had presented his credentials in June, 1794, it was the
+19th of November before a treaty was signed; and it was not until the
+8th of June, 1795, that Washington could send an authentic copy to the
+Senate. The most dispassionate member of that body must have confessed
+privately to a sense of disappointment as he heard the terms for the
+first time. Listening intently for the redress of grievances, he seemed
+to hear only concessions. The United States was to assume the debts
+still unpaid to British merchants since the peace, so far as "lawful
+impediments" had been put in the way of their collection; to open all
+ports to British ships on the footing of the most favored nation; and to
+make restitution for losses and damages to the property of British
+subjects occasioned by French privateers in American waters, whenever
+compensation could not be obtained in the ordinary course of justice.
+And for all these concessions what had been gained? The promise to
+evacuate the Western posts? That was but a tardy redemption of an old
+promise. No mention was made of the negroes carried away by British
+armies during the war. Nothing was said about the impressment of
+American seamen. To be sure, the ports of the East Indies were to be
+opened to direct commerce with the United States; but no American vessel
+might engage in the coasting trade of these East India dependencies. As
+for the West India trade, only vessels of seventy tons burden might
+participate, and even that concession was yielded on the express
+understanding that molasses, sugar, coffee, cocoa, and cotton should not
+be exported from the United States to any part of the world. After
+hearing this obnoxious twelfth article, few Senators could preserve a
+fair mind on the remaining provisions of the treaty.
+
+The historian is in a better position to evaluate the treaty. To the
+cause of international arbitration, Jay and Grenville made a distinct
+contribution. They provided for three commissions which were to settle
+the uncertain boundaries of the United States on the northeast and
+northwest; to adjudicate the claims of British creditors; and to adjust
+the claims of those citizens of the United States whose ships and
+cargoes had been seized in the West India trade, and on the other hand,
+the claims of those British subjects who had suffered losses through
+French privateers in American waters. Moreover, an agreement was reached
+on what should in future be regarded as contraband, and on the treatment
+of vessels which should be captured on suspicion of carrying enemies'
+property or contraband.
+
+There were two cogent reasons for ratifying the treaty despite its
+defects: it provided for indemnity in respect to recent seizures on the
+high seas; and it averted war. But no arguments could justify the
+surrender of American trade in the West Indies, to the minds of either
+the New England shipper or the Southern planter, for while the latter
+might be indifferent to other considerations, he would not willingly
+part with his right to ship his cotton crop, now becoming every year
+more valuable. The requisite two-thirds vote of the Senate was secured
+only by dropping out altogether the objectionable twelfth article.
+
+The publication of the treaty was followed by an outburst of popular
+indignation which made even the President wince. Remonstrances and
+protests poured in upon him from every part of the Union. The sailors
+and shipowners of Portsmouth burned Jay and Grenville in effigy,
+together with a miniature ship of seventy tons. In Charleston, the flags
+were put at half-mast and the public hangman burned copies of the treaty
+in the open street. While remonstrating with a disorderly crowd in Wall
+Street which was vilifying Jay, Hamilton was stoned and forced to give
+way with the blood streaming down his face. Personal abuse of the
+coarsest kind was heaped upon Washington by the opposition press, while
+a host of pamphleteers assailed him under cover of anonymity. Congress
+expressed its hostility toward the President by omitting to congratulate
+him on his birthday.
+
+In the face of this denunciation, Washington might well have hesitated
+to press the ratification of the amended treaty upon Great Britain. His
+perplexities were further increased by the tidings that the Ministry
+had renewed the earlier orders for the seizure of provisions on neutral
+vessels bound for French ports. Hamilton was of the opinion that the
+President should insist upon the withdrawal of this order in council and
+upon the acceptance of the Senate amendment before he ratified the
+treaty. The delicate task of securing the consent of Great Britain to
+these conditions was entrusted to John Quincy Adams, then Minister at
+The Hague.
+
+Meanwhile the skies cleared in the Northwest. Wayne's punitive
+expedition had done its work. With their towns destroyed and their crops
+ruined, the Indians had passed a terrible winter. By the following
+summer they were ready to sue for peace. In a great council at
+Greenville, on August 4, 1795, they agreed to a treaty which ceded to
+the United States all the region south and east of a line running from
+the intersection of the Kentucky and Ohio Rivers to Lake Erie. Only one
+thing was needed to secure the Northwest and that was the evacuation of
+the British posts.
+
+During this same summer, Thomas Pinckney, at the Court of Madrid, was
+trying to secure the liberation of the Southwest from the control of
+Spain. On October 27, 1795, the treaty of San Lorenzo was signed, which
+conceded the thirty-first parallel as the northern boundary of West
+Florida from the Mississippi to the Apalachicola. This was in itself a
+notable achievement; but even more important to the people of the
+Western world was the declaration that the Mississippi River should be
+open to their commerce with the right of deposit at New Orleans.
+
+The mission of Adams at the Court of St. James was not less successful.
+The Ministry agreed to modify the objectionable order in council and to
+accept the treaty without the twelfth article. With a deep sense of
+relief Washington promulgated the treaty as the law of the land on
+February 27, 1795. With these three treaties of 1795, not only was war
+averted, but our slender hold upon the vast tract between the
+Alleghanies and the Mississippi immeasurably strengthened, if not
+secured for all time.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     The attitude of historical writers toward the events recorded in
+     this chapter has been considerably altered since the publication
+     of a series of articles by F. J. Turner. The more important of
+     these contributions are: "The Origin of Genet's Projected Attack
+     on Louisiana and the Floridas" (_American Historical Review_,
+     III); "The Policy of France toward the Mississippi Valley"
+     (_Ibid._, X); and "The Diplomatic Contest for the Mississippi
+     Valley" (_Atlantic Monthly_, XCIII). Nearly all the authorities
+     cited in the foregoing chapter deal in greater or less detail with
+     the diplomatic events of Washington's Administrations. The
+     following may be added to the list: Trescott, _Diplomatic History
+     of the Administrations of Washington and Adams_ (1857); F. A. Ogg,
+     _The Opening of the Mississippi_ (1904); C. D. Hazen,
+     _Contemporary American Opinion of the French Revolution_ (1897).
+     The story of the expeditions against the Indians of the Northwest
+     is told by Roosevelt, _Winning of the West_ (vol. IV). A reliable
+     account of the Whiskey Insurrection is given in Brackenridge,
+     _History of the Western Insurrection_ (1859).
+
+
+
+
+CHAPTER V
+
+ANGLOMEN AND JACOBINS
+
+
+In January, 1795, Hamilton retired from the Treasury Department. The
+moment was well chosen, for his great creative work was done and signs
+were not wanting that the initiative in finance was about to pass to the
+House of Representatives. As he passed out of office, a young
+Representative from Pennsylvania made his appearance in Congress who was
+scarcely his inferior in quick grasp of the intricacies of public
+finance. Almost the first efforts of Albert Gallatin were directed to
+the improvement of the methods of congressional finance. It was at his
+suggestion that the first standing Committee of Ways and Means in the
+House was appointed, in the expectation that it would assume a general
+superintendence of finance. Believing that the Executive could be held
+in check only by systematic, specific appropriations, Gallatin became an
+insistent advocate of the rule, and in consequence a thorn in the flesh
+of the departments. "The management of the Treasury," complained Wolcott
+to Hamilton, "becomes more and more difficult. The legislature will not
+pass laws in gross. Their appropriations are minute; Gallatin, to whom
+they yield, is evidently intending to break down this department, by
+charging it with an impracticable detail." "The heads of departments,"
+Fisher Ames wrote despondently, two years after Hamilton left office,
+"are chief clerks. Instead of being the ministry, the organs of the
+executive power, and imparting a kind of momentum to the operation of
+the laws, they are precluded even from communicating with the House by
+reports." There was no room for a British ministry in the Republican
+scheme of politics.
+
+Meantime, Washington's foreign policy had widened the breach between the
+political factions and had forced him into a partisan position. From the
+Republican point of view, Jay's treaty threw the United States into the
+arms of England and gave just cause of offense to France. Knowing the
+popular temper, which was undoubtedly hostile to the treaty, the
+Republican leaders endeavored to defeat the purposes of the
+Administration by refusing to vote the necessary appropriations. Their
+first demand was for the papers relating to the treaty, on the ground
+that in matters upon which the action of the House was needed, that body
+might properly call for information to guide its deliberations. The
+President refused this demand, both because he deemed it imprudent to
+make the papers public, and because he denied the right of the House to
+participate in the treaty-making power.
+
+The debate which followed is one of the most illuminating in the early
+history of Congress. The trend of argument may be suggested by two
+remarks of opposing partisans. Said Griswold for the Federalists, "The
+House of Representatives have nothing to do with the treaty but provide
+for its execution." Disclaiming that the House was bent upon impairing
+the constitutional right of the President and Senate to make treaties,
+Gallatin contended that the power claimed by the House was "only a
+negative, a restraining power on those subjects over which Congress has
+the right to legislate." In vigorous resolutions the House sustained
+Gallatin's position; and the appropriation for the treaty was carried
+only by the casting vote of the Speaker, on April 29, two months after
+Washington by proclamation had declared the treaty to be the law of the
+land.
+
+The consequences of the _rapprochement_ between the United States and
+Great Britain were far-reaching. The French Minister, Fauchet, urged his
+Government to take immediate steps to acquire a continental colony which
+would not only serve France and her West India colonies as a granary and
+as a market for their exports, but which would also bring pressure to
+bear upon the disaffected border communities of the United States. Such
+a colony was Louisiana. With this province in her possession, a power
+like France would speedily control the Mississippi and the Western
+people who used that highway for their commerce. Throughout the year
+1795, the French Government sought by persuasion and threats to secure
+Louisiana from Spain as the price of an alliance.
+
+How far the Administration was apprised of these designs is not clear;
+but against the background of French intrigue certain passages of
+Washington's Farewell Address take on a new significance. The West was
+warned that it could control "the indispensable outlets for its own
+productions" only by attaching itself firmly to "the Atlantic side of
+the Union." "Any other tenure ... whether derived from its own separate
+strength, or from an apostate and unnatural connection with any foreign
+power, must be intrinsically precarious." And the admission of Tennessee
+as a State in the year 1796 may have been hastened by an ill-defined
+fear that the people of the West might not be proof against French
+machinations.
+
+The purpose of Washington not to accept a re-election was known to his
+intimates early in the spring of 1796. Upon whom would his mantle fall?
+There was much searching of hearts among Federalist leaders, but by the
+end of the summer it was well understood that Federalist electors would
+support John Adams and Thomas Pinckney for the Presidency and
+Vice-Presidency. The most talented man in the party was unquestionably
+Alexander Hamilton; but Hamilton had made too many enemies to be a
+popular candidate. By common consent, Thomas Jefferson became the
+candidate of the Republicans for President; with him was associated
+Aaron Burr, of New York.
+
+The most remarkable aspect of the campaign of 1796 was the undisguised
+attempt of Adet, who had succeeded Fauchet, to turn the election in
+Jefferson's favor. The treaty with England could not be undone; but
+France had much to hope from a Republican administration. In a series of
+letters directed to the Secretary of State, but printed in the
+Philadelphia _Aurora_, Adet announced that the Directory regarded the
+treaty of commerce concluded with Great Britain as "a violation of the
+treaty made with France in 1778, and equivalent to a treaty of alliance
+with Great Britain." "Justly offended," the Directory had ordered him to
+"suspend his ministerial functions with the Federal Government." This
+action, however, was not to be regarded as a rupture between the two
+peoples, but only "as a mark of just discontent, which is to last until
+the Government of the United States returns to sentiments and to
+measures, more conformable to the interests of the alliance, and the
+sworn friendship between the two nations."
+
+Adet would have had the people believe that the alternatives were
+Jefferson or war; and the threat of war, so it was said, was enough to
+drive the peace-loving Quakers of Pennsylvania into the Republican
+ranks. In more northerly States Adet's manifesto probably had the
+opposite effect. "There is not one elector east of the Delaware River,"
+declared the Connecticut _Courant_, "who would not sooner be shot than
+vote for Thomas Jefferson." Not a Republican elector was chosen in the
+States to the north and east of Pennsylvania. On the other hand, Adams
+received only two electoral votes south of the Potomac. South Carolina
+divided its vote between Jefferson and Pinckney. Only unexpected votes
+in Virginia and North Carolina gave Adams the election, for Pennsylvania
+was carried by the Republicans. Pinckney lost the Vice-Presidency
+through the defection of Federalists in New England.
+
+An incident of the election in Pennsylvania revealed the change already
+wrought by parties in the Constitution. The framers of the Constitution
+expected that a small number of persons selected by their fellow
+citizens from the general mass would deliberately weigh "all the reasons
+and inducements which were proper to govern their choice," and in their
+mature wisdom choose the individual who met the requirements of the
+office. It fell out otherwise. In Pennsylvania, one of the six States to
+choose electors by popular vote, each party had put forward a ticket
+with fifteen names. Thirteen of the fifteen Republican electors were
+chosen. Of the two Federalist electors who were chosen, one broke faith
+with his party and cast his vote for Jefferson and Pinckney. The
+Federalists were exasperated by this treachery. "What!" expostulated a
+writer in the _United States Gazette_: "Do I chuse Samuel Miles to
+determine for me whether John Adams or Thomas Jefferson shall be
+President? No! I chuse him to _act_, not to _think_."
+
+While Adet was endeavoring to bring what the Federalists called the
+French party into power, the Administration was urging the reluctant
+Monroe at Paris to make the Jay Treaty as palatable as possible to the
+French Government. This was an irksome task for that ardent Republican.
+From the outset of his mission he found it difficult to sustain that
+detachment from French politics which his position demanded. Moreover,
+after having assured the French Government that Jay was negotiating at
+London only for the redress of grievances and not for a commercial
+treaty, Monroe found it peculiarly humiliating to be obliged to confess
+that he had been kept in ignorance of the real trend of negotiations.
+Under these circumstances, he temporized and gave only half-hearted
+attention to the task of placating the Directory. Hamilton now advised
+his recall; and Washington, who had on two occasions expressed his
+displeasure with Monroe's conduct, determined to send Charles Cotesworth
+Pinckney in his stead.
+
+Trivial as this incident seems, it was not without its effect upon the
+course of diplomacy abroad and of politics at home. When Monroe
+endeavored to put his successor into touch with the French Foreign
+Office, he was told that the Directory was not prepared to receive
+another American representative until their grievances had been
+redressed. This affront left Pinckney in an embarrassing position, for
+until his credentials were accepted, he was liable, like all foreigners
+at that time, to arrest as a spy. It was not until February, after many
+months of waiting, that he was given his passport. He at once crossed
+the border and took up his residence at Amsterdam.
+
+Meantime, Monroe had taken his departure with the warmest expressions of
+regard on the part of the French Government. He was assured that his
+worth and his efforts in behalf of his country's interests were
+understood and appreciated. He returned to the United States with the
+firm conviction, which his Republican friends shared, that he had been
+made the victim of Federalist chicanery. In the following year he
+published an elaborate defense which served admirably as a popular
+campaign document in the next presidential elections.
+
+It fell to John Adams on the very threshold of his administration to
+deal with what he euphemistically called the misunderstanding with
+France. His inaugural address announced unmistakably his intention to
+preserve neutrality between the belligerents of Europe, and to treat
+France with impartiality but with a sincere desire for her friendship.
+Between the lines may be read also an equally sincere desire to placate
+the opposition and to free himself from all imputation of a bias toward
+Great Britain and a monarchical system. From the first news of
+Pinckney's dismissal, President Adams was disposed "to institute a fresh
+attempt at negotiation": he even approached Jefferson to see if he would
+not persuade Madison to serve on a special commission, believing that
+Madison's well-known Gallic sympathies would commend him to the French
+nation. At the same time he declared stoutly in a message to Congress,
+in special session on May 15, that France had treated the United States
+"neither as allies nor as friends nor as a sovereign state." Attempts
+which had been made to create a rupture between the people of the United
+States and their Government "ought to be repelled with a decision which
+shall convince France and the world that we are not a degraded people
+humiliated under a colonial spirit of fear and sense of inferiority."
+While he therefore recommended measures of defense, he asked the Senate
+to confirm the appointment of three commissioners whom he proposed to
+send to France. Two of these, Pinckney and John Marshall, were
+Federalists, but the third was Elbridge Gerry, a Massachusetts
+Republican, who was the second choice of the President, Dana having
+declined to serve.
+
+While Congress was acting upon the President's recommendations and
+voting appropriations for fortifications and for the completion of the
+three frigates which were then on the stocks, disquieting disclosures
+came from the West. Spain having declared war upon England in the
+previous fall, British emissaries, it was rumored, were concerting plans
+for the conquest of New Orleans and West Florida. While expeditions made
+up of Western frontiersmen and Indians descended upon the Spanish
+strongholds in the Southwest, a British fleet was to blockade the mouth
+of the Mississippi. The evidence which President Adams laid before
+Congress in July implicated Senator Blount, of Tennessee. In common with
+other land speculators, he had become alarmed at the rumor that France
+was about to acquire Louisiana, and had agreed to use his influence
+among the whites and Indians of the Southwest, where he had formerly
+been governor, to assist the designs of Great Britain. He was expelled
+from the Senate and impeached. Before his trial could take place, he was
+elected a member of the legislature of Tennessee, and from that point of
+vantage he successfully defied the federal authorities.
+
+The episode had unfortunate consequences: it aroused the distrust of the
+Spanish Government and delayed the surrender of Natchez and other posts
+which Spain had agreed to cede in the Treaty of 1795; and it furnished
+Talleyrand, who had become Minister of Foreign Affairs under the
+Directory, with an additional argument for the cession of Louisiana to
+France. France in control of Louisiana and Florida would be "a wall of
+brass forever impenetrable to the combined efforts of England and
+America."
+
+Early in March, 1797, dispatches arrived from the envoys which were full
+of sinister disclosures. On the 19th, President Adams announced gloomily
+that he perceived "no ground of expectation" that the objects of the
+mission could be accomplished "on terms compatible with the safety,
+honor, or the essential interests of the nation." He renewed his
+recommendations of measures of defense "proportioned to the danger." The
+average Republican regarded this message as tantamount to a declaration
+of war. Jefferson spoke of it as "an insane message." The partisan press
+held it to be further proof of British bias in John Adams, the old
+aristocrat! But when the President sent to Congress the deciphered
+dispatches, and the newspapers had printed extracts from them, a wave of
+indignation swept over the country. For the moment the wildest partisan
+of France was silenced.
+
+The envoys told a sordid tale of French intrigue and greed. It appeared
+that they had never been received officially when they made known their
+presence on French soil, but had been approached by agents of
+Talleyrand, whom they referred to in the dispatches as Mr. X, Mr. Y, and
+Mr. Z. They were much mystified by the language used by these gentlemen,
+until the evening of October 18, when Mr. X called on General Pinckney
+and whispered that he had a message from Talleyrand. "General Pinckney
+said he should be glad to hear it. Mr. X replied that the Directory, and
+particularly two of the members of it, were exceedingly irritated at
+some passages of the President's speech, and desired that they should be
+softened; and that this step would be necessary previous to our
+reception. That, besides this, a sum of money was required for the
+pocket of the Directory and Ministers, which would be at the disposal of
+M. Talleyrand; and that a loan would also be insisted on. Mr. X said if
+we acceded to these measures, M. Talleyrand had no doubt that all our
+differences with France might be accommodated. On inquiry, Mr. X could
+not point out the particular passages of the speech that had given
+offense, nor the quantum of the loan, but mentioned that the _douceur_
+for the pocket was twelve hundred thousand livres, about fifty thousand
+pounds sterling."
+
+Unwilling to believe their ears, the astonished envoys asked to have
+these proposals put in writing. Mr. X not only complied with this
+request, but brought with him Mr. Y, a confidential friend of
+Talleyrand, who repeated the terms upon which the envoys would be
+received, and pointed out convenient means by which the money could be
+secretly transferred.
+
+The American commissioners responded that while they had ample powers to
+make a treaty, they had none to make a loan. They offered, however, to
+send one of their number to America for further instructions, provided
+that the Directory would check the further capture of American vessels.
+Nevertheless, the efforts of X and Y to secure the _douceur_ were not
+relaxed. Finally, finding the envoys either obstinate or obtuse, Mr. X
+exclaimed, "Gentlemen, you do not speak to the point. It is money; it is
+expected that you will offer money." The Americans were inexorable.
+"What is your answer?" asked X impatiently. "It is," said the envoys,
+"no, no; not a sixpence."
+
+On November 1, the commissioners agreed to hold no more indirect
+intercourse with the Government, but to prepare a statement of the
+American grievances against France and to send it to Talleyrand. Two
+weary months passed before they received his answer. Couched in language
+which was both contemptuous and insulting, this reply of Talleyrand
+terminated the mission. The Directory intimated that in future they
+would treat only with Gerry as "the more impartial" member of the
+commission. Pinckney and Marshall remonstrated against this
+discrimination, but Gerry unwisely consented to deal with Talleyrand
+alone. Marshall secured a passport with some difficulty and departed for
+home. Pinckney with more difficulty secured permission to retire to
+southern France with his invalid daughter.
+
+The war spirit now ran high. President Adams declared that he would
+never send another minister to France without assurances that he would
+be "received, respected, and honored as the representative of a great,
+free, powerful, and independent nation," and the people supported this
+declaration with surprising unanimity. Demonstrations occurred in all
+the playhouses of Philadelphia and New York; young men formed
+associations and donned the black cockade as an emblem of patriotic
+devotion; even in the quiet towns of New England, women met to drink tea
+and to sing the new song "Adams and Liberty." Cities along the coast
+vied with one another in their eagerness to build warships. The
+patriotic fervor found expression in original song and verse. "Hail
+Columbia" was the happy inspiration of young Joseph Hopkinson, of
+Philadelphia. For once in his life President John Adams found himself a
+popular hero riding on the crest of public applause.
+
+To the intense disgust of Jefferson, even Republicans caught the war
+fever, and joined with the Federalists in putting the country on a war
+footing. Among the earliest measures of Congress was an act providing
+for the establishment of a Navy Department. In rapid succession followed
+acts authorizing the President to permit merchantmen to arm in their own
+defense and our warships to seize French vessels which preyed upon our
+commerce. On July 7, the existing treaties with France were repealed. In
+short, without a formal declaration, the United States was virtually at
+war with France. The new navy soon put to sea and gratified national
+pride by several gallant victories, the most notable being the capture
+of the frigate L'Insurgente by the newly commissioned Constellation, on
+February 9, 1799. When peace was restored in 1800, the navy had a record
+of eighty-four prizes, most of which were French privateers.
+
+The organization of the provisional army did not move so rapidly, partly
+because of the incompetence of the Secretary of War, and partly because
+of an unseemly wrangle for precedence among the three major-generals
+whom Adams had named. Conscious of his own inexperience in military
+affairs, President Adams had persuaded Washington to take chief command
+of the army with the distinct understanding that he would not be called
+into active service unless an emergency arose. Washington named
+Hamilton, C. C. Pinckney, and Knox as major-generals, and the President
+sent the nominations to the Senate in this order. Misunderstandings
+arose at once as to the relative rank of these three major-generals.
+Hamilton and his intimates in the circle of the President's advisers
+urged that as his name was first on the list he was the ranking officer.
+At this Knox took umbrage, for he had outranked Hamilton in the old
+army; and so, too, had Pinckney. Knowing the intrigue in Hamilton's
+behalf and not a little alarmed at the prospect of having the direction
+of the war pass into the hands of a man whom he regarded as a rival,
+Adams determined to sign the commissions in the reverse order, thus
+giving Knox precedence. The friends of Hamilton were enraged at this
+turn of affairs and prevailed upon Washington to write a letter of
+protest to the President. Adams was finally persuaded to date all three
+commissions alike and to leave the designation of rank to the
+commander-in-chief. Washington promptly named Hamilton as
+inspector-general with precedence over Pinckney and Knox; whereupon Knox
+refused to serve.
+
+The immediate outcome of this controversy was to widen the rift which
+was already separating the President from the faction led by Hamilton.
+Adams had taken office in the belief that Washington's cabinet advisers
+were loyal to him. "Pickering and all his colleagues are as much
+attached to me as I desire," he had written just before his
+inauguration. But he speedily found that all were accustomed to look to
+Hamilton as the virtual leader of the Federalist party. Moreover, he
+found himself thrust into the background in the matter of military
+appointments, as soon as Hamilton took over the actual work of
+organizing the army. The Constitution made him commander-in-chief;
+circumstances seemed to conspire, he complained bitterly, "to annihilate
+the essential powers given to the President." He had, too, all the
+natural aversion of a civilian for military affairs. "Regiments are
+costly articles everywhere," he told McHenry testily, "and more so in
+this country than in any other under the sun. And if this country sees a
+great army to maintain, without an enemy to fight, there may arise an
+enthusiasm that seems to be little foreseen."
+
+It would have been strange, indeed, if under these circumstances the
+President had not scanned the horizon anxiously for the faintest
+intimations of peace. In October, 1798, definite assurances were given
+by Talleyrand, through our Minister at The Hague, that France would
+receive a new minister from the United States. On February 18, 1799, the
+President confounded both friends and foes by sending to the Senate the
+nomination of Vans Murray to be Minister to France. The emotions of the
+militant Federalists were too various to admit of description. It would
+have been madness, however, not to accept the proffered olive branch.
+Swallowing their wrath, they agreed to the mission, but substituted a
+commission of three for a single minister.
+
+From Napoleon, the new master of France, the commissioners secured a
+convention which not only restored peace, but safeguarded the rights of
+neutrals, by restraining the right of search and conceding the principle
+that free ships make free goods. Napoleon consented also to the
+abrogation of the treaties of 1778, but only upon condition that the new
+treaty should contain no provision for the settlement of claims for
+indemnity. John Adams was not far from the truth when he accounted this
+peace one of the most meritorious actions of his life. "I desire no
+other inscription over my gravestone," he wrote fifteen years later,
+"than: 'Here lies John Adams, who took upon himself the responsibility
+of the peace with France in the year 1800.'"
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     On the origin and growth of political parties in the United
+     States, the following books are suggestive and informing: H. J.
+     Ford, _The Rise and Growth of American Politics_ (1898); C. E.
+     Merriam, _A History of American Political Theories_ (1910); J. P.
+     Gordy, _Political History of the United States_ (2 vols.,
+     1900-03); A. E. Morse, _The Federalist Party in Massachusetts to
+     the Year 1800_ (1909); J. D. Hammond, _History of the Political
+     Parties in the State of New York, 1789-1840_ (2 vols., 1850). To
+     those histories already mentioned which describe the quarrel with
+     France may be added G. W. Allen, _Our Naval War with France_
+     (1909), and A. T. Mahan, _Influence of Sea Power on the French
+     Revolution and Empire_ (2 vols., 1898). A most readable account of
+     manners and customs in America is given by La
+     Rochefoucauld-Liancourt, _Travels through the United States,
+     1795-1797_ (2 vols., 1799). Social life in New York and
+     Philadelphia is described by R. W. Griswold, _The Republican
+     Court_ (1864).
+
+
+
+
+CHAPTER VI
+
+THE REVOLUTION OF 1800
+
+
+The greatest obstacle in the path of the people of the United States in
+their struggle toward national life was the vastness of the territory
+which they occupied. Even the region between the Alleghanies and the sea
+was as yet imperfectly subdued. Great tracts of wilderness separated
+communities beyond the fall-line of the rivers. Intercourse was
+incredibly difficult even between the commercial ports of New England
+and the Middle States. Stage-coaches plied between Boston and New York,
+to be sure, and between New York and Philadelphia. By stage, too, a
+traveler could reach Baltimore and Washington in the course of time. But
+beyond the Potomac public conveyances were few and uncertain in their
+routes. The only public stage in the Carolinas and Georgia plied between
+Charleston and Savannah. Those whom either public or private business
+forced to journey from these remote Southern States to Philadelphia took
+passage in coasting vessels. It is difficult to say which were greater,
+the perils by land or by sea. Writing from Philadelphia in 1790, William
+Smith, of South Carolina, described the misfortunes of his fellow
+Congressmen in trying to reach the seat of government, as follows:
+"Burke was shipwrecked off the Capes; Jackson and Mathews with great
+difficulty landed at Cape May and traveled one hundred and sixty miles
+in a wagon to the city. Burke got here in the same way. Gerry and
+Partridge were overset in the stage; the first had his head broke and
+made his _entree_ with an enormous black patch; the other had his ribs
+sadly bruised and was unable to stir for some days. Tucker had a
+dreadful passage of sixteen days with perpetual storms. I wish these
+little _contretemps_ may not sour their tempers and be inauspicious to
+our proceedings."
+
+Even in the North, where distances were not so great and where great
+arms of the ocean did not penetrate so far inland, as in North Carolina,
+for example, interposing so many barriers to communication, travel was
+painfully slow and hazardous. Travelers who made the journey from Boston
+to New York by stage-coach accounted themselves lucky if they reached
+their destination in six days, for no bridges spanned any of the great
+waterways and the crossing by ferryboats was uncertain and often
+dangerous. Many travelers preferred to journey by water from port to
+port, but coasting vessels, contending with the winds and the tides,
+were often nine or ten days in sailing from Boston to New York.
+
+The post traveled with somewhat greater speed; yet a letter sent from
+Portland, Maine, could not be delivered in Savannah, Georgia, in less
+than twenty days. From Philadelphia a post went to Lexington, Kentucky,
+in sixteen days, and to Nashville, Tennessee, in twenty-two days. The
+cost of these posts, like the cost of traveling, was in many cases
+prohibitive. The rate for a letter of a single sheet was twenty-five
+cents. News traveled slowly from State to State. The best news sheets
+in New York printed intelligence from Virginia which was almost as
+belated as that which the packets brought from Europe.
+
+With such barriers in the way of intercourse, the masses, so far indeed
+as they possessed the suffrage at all, were not politically
+self-assertive. Devoted primarily to the pursuit of agriculture and
+commerce, essentially rural in their distribution, the people had
+neither the desire nor the means, nor yet the leisure, to engage in
+active politics. Politics was the occupation of those who commanded
+leisure and some accumulated wealth. The voters of the several States
+touched each other only through their leaders. In these early years
+national parties were hardly more than divisions of a governing class.
+Party organization was visible only in its most rudimentary form--a
+leader and a personal following. The machinery of a modern party
+organization did not come into existence until the railroad and the
+steamboat tightened the bonds of intercourse between State and State,
+and between community and community.
+
+In another respect political parties of the Federalist period differed
+from later political organizations. Under stress of foreign
+complications, Federalists and Republicans were forced into an
+irreconcilable antagonism. The one group was thought to be British in
+its sympathies, the other Gallic. In the eyes of his opponents, the
+Republican was no better than a democrat, a Jacobin, a revolutionary
+incendiary; and the Federalist no better than a monocrat and a Tory. The
+effect was denationalizing. Each lost confidence in the other's
+Americanism.
+
+The Federalists, in control of the Executive,--and thus, in the common
+phrase, "in power,"--were disposed to view the opposition as factious,
+if not treasonable. Washington deprecated the spirit of party and
+thought it ought not to be tolerated in a popular government. Fisher
+Ames expressed a common Federalist conviction when he wrote in 1796: "It
+is a childish comfort that many enjoy, who say the minority aim at place
+only, not at the overthrow of government. They aim at setting mobs above
+law, not at the filling places which have known legal responsibility.
+The struggle against them is therefore _pro aris et focis_; it is for
+our rights and liberties." Such a state of mind can be understood only
+by a diligent reading of the newspapers and political tracts of the
+time. Republican journalists, many of whom were of alien origin, still
+gloried in the ideals and achievements of the French Revolution. But
+liberty and democracy, as preached by a Tom Paine and glorified by a
+Callender and exemplified by the Reign of Terror in France, had caused
+an ominous reaction in the minds of upholders of the established order
+in the United States.
+
+Under these circumstances, when, in the minds of those in authority,
+party was identified with faction, and faction was held to be synonymous
+with treason, the position of the Republicans was precarious. War with
+France they bitterly opposed, but were powerless to prevent. The path of
+opposition was made all the more difficult by the well-known attitude of
+conspicuous Federalist leaders who favored war as an opportunity for
+discrediting their political opponents, or, as Higginson expressed it,
+for closing the "avenues of French poison and intrigue."
+
+Laboring under the conviction that they had to deal not only with an
+enemy without but with an insidious foe within, the Federalists carried
+through Congress in June and July, 1798, a series of measures which are
+usually cited as the Alien and Sedition Acts. The first in the series
+was the Naturalization Act, which lengthened the period of residence
+required of aliens who desired citizenship, from five to fourteen years.
+The Alien Act authorized the President, for a period of two years, to
+order out of the country all such aliens as he deemed dangerous to
+public safety or guilty of treasonable designs against the Government.
+Failure to leave the country after due warning was made punishable by
+imprisonment for a term not exceeding three years and by exclusion from
+citizenship for all time. A third act conferred upon the President the
+further discretionary power to remove alien enemies in time of war or of
+threatened war. Finally, the Sedition Act added to the crimes punishable
+by the federal courts unlawful conspiracy and the publication of "any
+false, scandalous, and malicious writings" against the Government,
+President, or Congress, with the intent to defame them or to bring them
+into contempt or disrepute. For conspiracy the penalty was a fine not
+exceeding five thousand dollars and imprisonment not exceeding five
+years; for seditious libel, a fine not exceeding two thousand dollars
+and imprisonment not exceeding two years.
+
+The debates in Congress left little doubt that the Sedition Act was a
+weapon forged for partisan purposes. The Federalists were convinced that
+France maintained a party in America which by means of corrupt hirelings
+and subsidized presses was paralyzing the efforts of the Administration
+to defend national rights. That there was great provocation for the act
+cannot be denied. The tone of the press generally was low; but between
+the scurrilous assaults of Cobbett in _Porcupine's Gazette_ upon
+Republican leaders, and the atrocious libels of Bache upon President
+Washington, there is not much to choose.
+
+What the opposition had to fear from the Sedition Act, appeared with
+startling suddenness in October, 1798, when Representative Matthew Lyon,
+of Vermont, an eccentric character who had become the butt of all
+Federalists, was indicted for publishing a letter in which he maintained
+that under President Adams "every consideration of the public welfare
+was swallowed up in a continual grasp for power, in an unbounded thirst
+for ridiculous pomp, foolish adulation, and selfish avarice." The
+unlucky Lyon was found guilty, sentenced to imprisonment for four
+months, and fined one thousand dollars.
+
+Alarmed by this attack on what he termed the freedom of speech and of
+the press, Jefferson cast about for some effective form of protest.
+Collaborating with John Breckenridge, a member of the Kentucky
+Legislature, he prepared a series of resolutions which were adopted by
+that body, while Madison, then a member of the Virginia House of
+Burgesses, secured the adoption of a set of resolutions of similar
+purport which he had drafted. Both sets of resolutions condemned the
+Alien and Sedition Acts as unwarranted by the letter of the Constitution
+and opposed to its spirit. Both reiterated the current theory of the
+Union as a compact to which the States were parties; and both intimated
+that, as in all other cases of compact among parties having no common
+judge, each party had an equal right to judge for itself, as well of
+infractions as of the mode of redress.
+
+The real purport of these Virginia and Kentucky Resolutions has been
+much misunderstood. The emphasis should fall not upon the compact
+theory, for that was commonly accepted at this time; nor yet upon the
+vague remedies suggested by the phrases "nullification" and
+"interposition." With these remedies Jefferson and Madison were not
+greatly concerned. Protest rather than action was uppermost in their
+minds. As Jefferson said to Madison, they proposed to "leave the matter
+in such a train as that we may not be committed absolutely to
+extremities, and yet may be free to push as far as events will render
+prudent." What they desired was such an affirmation of principles as
+should rally their followers and arrest the usurpation of power by their
+opponents. The fundamental position assumed is that the Federal
+Government is one of limited powers and that citizens must look to their
+State Governments as bulwarks of their civil liberties, whenever the
+express terms of the federal compact are violated. The Federal
+Government was not to be allowed to become the judge of its own powers.
+By recalling the party to its original position of opposition to the
+consolidating tendencies of the Federalists, the resolutions of 1798
+served much the same purpose as a modern party platform. In this light,
+their ambiguities are not greater nor their political theories more
+vague than those of later platforms.
+
+In the early months of 1799, petitions for the repeal of the Alien and
+Sedition Acts began to pour in upon Congress from the Middle States; but
+the Federalists felt secure enough in popular favor to ignore these
+protests. With a keener ear for the voice of the people, Jefferson
+summoned his Republican friends to seize the moment to effect an entire
+"revolution of the public mind to its republican soundness." "This
+summer is the season for systematic energies and sacrifices," he wrote
+to Madison. "The engine is the press. Every man must lay his purse and
+pen under contribution." The response was immediate and hearty. Not only
+were political pamphlets printed and distributed from Cape Cod to the
+Blue Ridge, but an astonishing number of newspapers were founded to
+disseminate Republican doctrine. The three or four years before the
+presidential election of 1800 are marked by an unprecedented
+journalistic revival. Instead of being mere purveyors of facts, these
+newspapers became, as a contemporary observes, "Vehicles of discussion,
+in which the principles of government, the interests of nations, the
+spirit and tendency of public measures, and the public and private
+characters of individuals, are all arraigned, tried, and decided." Such
+a systematic attempt to direct public opinion had not been made since
+the early days of the Revolution.
+
+[Map: Vote on the Repeal of the Alien and Sedition Acts House
+of Representatives February 25, 1799]
+
+The Federalists watched this Republican revival with grave misgivings.
+What Jefferson called "the awakening of the spirit of 1776" was to
+Fisher Ames an ominous sign of impending "revolutionary Robespierrism."
+Federalists of the Hamiltonian brand unhesitatingly held the Republicans
+responsible for the Fries Rebellion, which occurred in Pennsylvania. The
+immediate occasion for these disturbances, to be sure, was the federal
+house tax, but the rioting occurred in those eastern counties which were
+ardently Republican; hence the outbreak could be denounced plausibly
+enough as the result of Jacobin teachings. In some alarm the
+Administration dispatched troops to quell the riots, and prosecuted the
+leaders with relentless vigor. Fries was condemned to death, and the
+President's advisers would have carried out the decree of the court, "to
+inspire the malevolent and factious with terror"; but President Adams
+persisted in pardoning Fries, holding wisely that there was grave danger
+in so construing treason as to apply it to "every sudden, ignorant,
+inconsiderable heat, among a part of the people, wrought up by political
+disputes, and personal and party animosities." Such motives were not
+appreciated by the circle of Hamilton's admirers. Why were the renegade
+aliens who were running the incendiary presses not sent out of the
+country, Hamilton asked Pickering. "Are laws of this kind passed merely
+to excite odium and remain a dead letter?"
+
+If the Administration made only a half-hearted effort to arrest and
+deport aliens, it could at least not be accused of letting the Sedition
+Act remain a dead letter. Some unnecessary and thoroughly unwise
+prosecutions in the year 1799 were followed by a series of trials for
+seditious libel in the spring term of the federal courts. All the
+individuals indicted were either editors or printers of Republican
+newspapers. The impression created by these prosecutions was, therefore,
+that the Administration had determined to crush the opposition. What
+deepened this impression was the obvious bias of the federal judges and
+the partisanship of the juries, which it was alleged were packed by the
+prosecution.
+
+With one accord Republican editors lifted up their voices in defense of
+freedom of speech, never losing from view, however, the political
+possibilities of the situation. The more prosecutions the better, wrote
+one editor significantly to a fellow victim: "You know the old
+ecclesiastical observation that the blood of the martyrs was the seed of
+the church." From the Federalist point of view these editors were "lying
+Jacobins," incendiaries, anarchists. "Should Jacobinism gain the
+ascendency," an orator at Deerfield, Massachusetts, warned his auditors,
+in the midst of the elections of 1800, "let every man arm himself, not
+only to defend his property, his wife, and children, but to secure his
+life from the dagger of his Jacobin neighbor." In vain Republicans
+protested that they had a right to form a party to oppose measures which
+they deemed destructive to public liberty. They were not opposing the
+Constitution but the Administration; not government in general, but the
+existing Government, of men who were employing despotic methods.
+
+In the presidential election of 1800 only four of the sixteen States
+provided for a choice of the electors directly by the people. The
+outcome depended upon the action of the legislatures in a comparatively
+few States. New England was so steadfast in the Federalist faith that
+the Republicans gave up all hope of contesting the control of the
+legislatures. After an electioneering tour through Connecticut, Aaron
+Burr is said to have remarked that they might as well attempt to
+revolutionize the Kingdom of Heaven. On the other hand, Jeffersonian
+Republicanism was deeply rooted in Virginia, Kentucky, Tennessee, and
+Georgia. The contestable area lay in the Middle States and in the
+Carolinas.
+
+In the early spring, both parties began to burnish their armor for the
+first encounter in New York. It was generally believed that the May
+elections to the Assembly would determine the vote of the presidential
+electors, and that the vote of the city of New York would settle the
+control of the Assembly. The task of carrying the legislative districts
+of the city for the Republicans fell to Aaron Burr, past-master of the
+art of political management and first of the long line of political
+bosses of the great metropolis. How he concentrated the party vote upon
+a ticket which bore such names as those of George Clinton, Horatio
+Gates, and Henry Rutgers; how he wooed and won voters in the doubtful
+seventh ward among the laboring classes,--these are matters which elude
+the most painstaking researches of the historian. The outcome was a
+Republican Assembly which beyond a peradventure would give the
+electoral vote of the State to the Republican candidates.
+
+In another respect Burr's victory in New York was important. It made him
+the logical and most available candidate for the vice-presidential
+nomination. By general consent Jefferson became for the second time the
+candidate of his party for the Presidency. On May 11, the Republican
+members of Congress met in caucus and unanimously agreed to support Burr
+for the Vice-Presidency. Already wiseacres were figuring out the
+probabilities of a Republican victory.
+
+It was a chastened group of Federalist Congressmen who met in caucus on
+May 3, after the disheartening tidings from New York. Though their
+hearts misgave them, they still supported John Adams. To carry South
+Carolina, they agreed to support Charles C. Pinckney for the
+Vice-Presidency; but rumor had it that many Federalists would be glad to
+see Pinckney outstrip Adams,--a hope which in the course of the summer
+was frankly avowed by Hamilton. In a letter which he had privately
+printed for circulation among the Federalists, Hamilton declared without
+disguise his hostility to Adams. The imprudence of this act was apparent
+when Burr seized upon a copy of the letter and scattered reprints far
+and wide as good campaign material.
+
+[Map: Presidential Election of 1800 Popular Vote by Counties]
+
+The effect of Hamilton's indiscretion was probably slight. Adams carried
+all the electoral votes in the New England States, leading Pinckney by a
+single vote. The Federalists were completely successful also in New
+Jersey and Delaware. Through the tactics of thirteen Federalists in
+the Senate of Pennsylvania, they won seven of the fifteen electoral
+votes of that State. In Maryland they divided the electoral vote evenly
+with their opponents. In North Carolina, they secured four of the twelve
+votes; but in South Carolina they were completely discomfited. Instead
+of carrying his own State for the ticket, Pinckney was outgeneraled by
+the strategy of his cousin Charles Pinckney, who effected an
+irresistible combination of the Piedmont farmers and the artisans of
+Charleston. The loss of South Carolina was irretrievable and decisive.
+The Federalists had to concede the defeat of their ticket.
+
+The exultation of the Republicans was at first unbounded. "The election
+of a Republican President," wrote the editor of the Schenectady
+_Cabinet_ triumphantly, "is a new Declaration of Independence, as
+important in its consequences as that of '76, and of much more difficult
+achievement." But the elation of the Jeffersonians was somewhat tempered
+by the information that Jefferson and Burr had an equal number of votes
+in the electoral college. Adams was defeated, to be sure, but was Thomas
+Jefferson elected? Neither Jefferson nor Burr had "the highest number of
+votes" which the Constitution required for an election. The House of
+Representatives, therefore, must choose between them. But the House was
+Federalist! Coincidently with these tidings came rumors that the
+Federalists would prevent an election by the House until the 4th of
+March passed, when the Presidency and Vice-Presidency would fall vacant,
+necessitating a new election. Scarcely less ominous was the report that
+the Federalists would endeavor to seat Burr in the presidential chair.
+
+When balloting began in the House on February 11, 1801, enough
+Federalists had been involved in an intrigue to defeat Jefferson to give
+the vote of six States to Burr. Jefferson received the vote of eight
+States, but not the majority which was needed to elect, inasmuch as the
+delegations of two States were evenly divided. The result was the same
+on thirty-five successive ballots. On the thirty-sixth, February 17,
+Jefferson received the votes of ten States and Burr of four. The votes
+of Delaware and South Carolina were blank, the Federalists having agreed
+to produce a tie by not voting. A similar abstention from voting on the
+part of Federalists from Vermont and Maryland gave the votes of those
+States to Jefferson.
+
+More than any other man, Bayard, of Delaware, was responsible for the
+election of Jefferson. Finding that Burr would not "commit himself,"
+Bayard announced that he would cast the single vote of his State for
+Jefferson. "You cannot well imagine the clamor and vehement invective to
+which I was subjected for some days," he wrote to Hamilton. "We had
+several caucuses. All acknowledged that nothing but desperate measures
+remained, which several were disposed to adopt, and but few were willing
+openly to disapprove. We broke up each time in confusion and discord,
+and the manner of the last ballot was arranged but a few minutes before
+the ballot was taken." How narrowly the Federalists escaped the folly of
+electing Burr may be inferred from the further statement of Bayard,
+that "the means existed of electing Burr, but this required his
+cooperation. By deceiving one man (a great blockhead), and tempting two
+(not incorruptible), he might have secured a majority of the States."
+
+In after years Jefferson was wont to speak of his election as "the
+Revolution of 1800." To his mind, it was "as real a revolution in the
+principles of our government as that of 1776 was in its form; not
+effected, indeed, by the sword, as that, but by the rational and
+peaceable instrument of reform, the suffrage of the people." In one
+sense, at least, Jefferson was right. Taken collectively, the events of
+1800 do constitute a revolution--the first party revolution in American
+history. For a season it seemed as though the Republican party was to be
+denied the right to exist as a legal opposition, entitled to attain
+power by persuasion. At the risk of incurring the suspicion of
+disloyalty, if not of treason, the Republicans clung tenaciously to
+their rights as a minority. By persistent use of the press, by
+unremitting personal efforts, and by adroit electioneering, the leaders
+succeeded in arousing the apathetic masses and converted their minority
+into an actual majority. They won, therefore, for all time that
+recognition of the right of legal opposition which is the primary
+condition of successful popular government.
+
+The change in political weather was foreshadowed during the summer of
+1800 by the removal of the seat of government to the banks of the
+Potomac. For ten years Philadelphia had been the center of the
+political and the social worlds, which for the only time in American
+history were then identical. Even those who knew the court life of
+Europe marveled at the display of wealth and fashion at this republican
+court. Of this social world, the "President and his Lady" were not
+merely the titular and official leaders, but the real leaders. Between
+the Virginia aristocracy and the wealthy families of Philadelphia there
+were natural affinities. And if the second Federalist President and his
+consort did not become leaders in quite the same sense, it was because
+John and Abigail Adams belonged temperamentally to a more restrained
+society.
+
+Those who had enjoyed the hospitalities of the Morrises, the Binghams,
+and the Willings, and the bodily comforts of Philadelphia hotels and
+inns, were not likely to find any compensations in the unkempt,
+straggling village which the Government and private speculators were
+trying to convert into a fitting abode for the National Government.
+There were few comfortable private dwellings. Most of the houses were
+mere huts occupied by laborers. Great tracts were left unfenced and
+uncultivated, in the firm expectation that an extraordinary rise in land
+value was about to take place. That craze for speculation in land which
+had possessed those with any idle capital afflicted every landowner in
+or near the new city.
+
+When Mrs. Adams finally reached the city, after a difficult journey
+through the forest between Baltimore and Washington, she met with
+anything but a cheering welcome. The President's house was not yet
+finished: the plaster was not even dry on the walls. It was built on a
+grand and superb scale, but the thrifty New England spirit of the
+President's wife was appalled at the prospect of having to employ thirty
+servants to keep the apartments in order and to tend the fires which had
+everywhere to be kept up to drive away the ague. The ordinary
+conveniences were wanting. For lack of a yard, Mrs. Adams made a
+drying-room out of the great unfinished audience room. And the only
+society which she might enjoy was in Georgetown, two miles away. "We
+have, indeed," she wrote, "come into _a new country_." But with true
+pioneer spirit, she added, "It is a beautiful spot, capable of every
+improvement, and, the more I view it, the more I am delighted with it."
+
+The gloom which enveloped the Federalists after the elections of the
+year deepened as they straggled into the new capital in November. They
+approached their labors as men who would save what they could of a
+falling world. For some time there had been an urgent demand for the
+reorganization of the federal judiciary. The justices of the Supreme
+Court objected to circuit duty and urged the erection of a circuit court
+with a permanent bench of judges. Such a reform was inevitable, it was
+said; therefore let the Federalists find what consolation they might
+from the possession of these new judgeships. Patriotism, too, suggested
+the wisdom of filling the judiciary with men who would uphold the
+established order. "In the future administration of our country,"
+President Adams wrote to Jay, "the firmest security we can have against
+the effects of visionary schemes or fluctuating theories will be in a
+solid judiciary."
+
+The Judiciary Act of February 13, 1801, which embodied these aims, added
+five new districts to those which had been established in 1789, and
+grouped the twenty-two districts into six circuits. The amount of
+patronage which thus fell into the President's hands was very
+considerable, though it was grossly exaggerated by Republicans. The
+partisan press pictured President John Adams signing the commissions of
+these new judgeships to the very stroke of twelve on the night of March
+3, and then entering his coach and driving in haste from the city.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     On the organization of parties at the close of the century there
+     are two works of importance: G. D. Luetscher, _Early Political
+     Machinery in the United States_ (1903), and M. Ostrogorski,
+     _Democracy and the Organization of Political Parties_ (2 vols.,
+     1902. Vol. II deals with parties in the United States).
+     Prosecutions under the Sedition Act are reported in F. Wharton,
+     _State Trials of the United States during the Administrations of
+     Washington and Adams_ (2 vols., 1846). F. T. Hill, _Decisive
+     Battles of the Law_ (1907), gives an interesting account of the
+     trial of Callender. Two special studies should be mentioned: E. D.
+     Warfield, _The Kentucky Resolutions of 1798_ (1887), and F. M.
+     Anderson, "Contemporary Opinion of the Virginia and Kentucky
+     Resolutions," in the _American Historical Review_, vol. v. The
+     spirit of American politics at this time can be best appreciated
+     by perusing _Porcupine's Works_, the writings of Callender and Tom
+     Paine, and the letters of Fisher Ames, Alexander Hamilton, Thomas
+     Jefferson, and Timothy Pickering.
+
+
+
+
+CHAPTER VII
+
+JEFFERSONIAN REFORMS
+
+
+The society over whose political destiny Thomas Jefferson was to preside
+for eight years was for the most part still rural and primitive.
+Evidences of a higher culture were wanting outside of communities like
+Philadelphia, Boston, and Charleston. Even in Philadelphia, the literary
+as well as the social and political capital, the poet Moore could find
+only a sacred few whom "'twas bliss to live with, and 'twas pain to
+leave." American life had not yet created an atmosphere in which poetry,
+or even science, could thrive. The scientific curiosity of the younger
+generation does not seem to have been whetted in the least by the
+startling experiments of Franklin; and the figure of Philip Freneau
+stands almost alone, though Connecticut, to be sure, boasted of her
+Dwight, her Trumbull, and her Barlow. The "Connecticut wits" are
+interesting personalities; but the society which could read, with
+anything akin to pleasure, Dwight's _Conquest of Canaan_--an epic in
+eleven books with nearly ten thousand lines--was more admirable for its
+physical endurance than for its poetical intuitions. Latrobe was quite
+right when he wrote that in America the labor of the hand took
+precedence over that of the mind.
+
+The American people were still engaged almost exclusively in agriculture
+and commerce. Manufacturing was in its infancy. In his report on
+manufactures in 1791, Hamilton had named seventeen industries which had
+made notable progress, but most of these were household crafts. In 1790,
+Samuel Slater had duplicated the inventions of Hargreaves and Arkwright,
+and had, with Moses Brown, of Rhode Island, set up a successful cotton
+mill at Pawtucket; but ten years later only four factories were in
+operation in the whole country.
+
+The wars in Europe had created an unprecedented and ever-increasing
+demand for American agricultural products. The price of foodstuffs like
+flour and meal reached a point which made possible enormous profits.
+Shipping became, therefore, the indispensable handmaid of agriculture,
+as Jefferson observed. The volume of trade expanded at an astonishing
+rate. The total value of exports mounted from $20,000,000 in 1790 to
+$94,000,000 in the year of Jefferson's inauguration. One half of this
+amount, however, represented the value of commodities like sugar,
+coffee, and cocoa, which had been brought into the country for
+exportation. The easy and almost certain profits of this trade attracted
+capital which might otherwise have gone into manufacturing.
+
+[Map: Distribution of Population 1800]
+
+Shipping was stimulated also by the Navigation Act of 1789, which
+imposed lower tonnage duties in American ports on vessels built or owned
+by American citizens, and by the Tariff Act of the same year, which
+allowed a ten per cent deduction from the customs duties levied on goods
+imported in American vessels. These discriminating duties, together with
+the law of 1792, which excluded foreign-built ships from American
+registry, would have aided materially in the building of an American
+marine, even in less prosperous times. The registered tonnage engaged in
+foreign trade increased from 346,254 in 1790 to 718,549 in 1801; and in
+coast trade, from 103,775 to 246,255. Yet there was an artificial
+quality in this prosperity. "Temporary benefits were mistaken for
+permanent advantages," writes a contemporary; "so certain were the
+profits on the foreign voyages, that commerce was only pursued as an
+art; ... the philosophy of commerce, if I am allowed the expression, was
+totally neglected ... they [merchants] did not contemplate a period of
+general peace, when each nation will carry its own productions, when
+discriminations will be made in favour of domestic tonnage, when foreign
+commerce will be limited to enumerated articles, and when much
+circumspection will be necessary in all our commercial transactions."
+
+It cannot be said, either, that the American farmer studied the
+philosophy of agriculture. He owed his crops less to intelligent
+cultivation of the soil than to provident Nature in a new and untilled
+country. Both his methods and his implements were bad, and resulted in
+that land spoliation which has been the bane of American industry.
+"Agriculture in the South," said John Taylor, of Caroline, "does not
+consist so much in cultivating land as in killing it"; and the statement
+was scarcely less true when applied to the Northern farmer. The soil was
+rapidly exhausted by planting the same crop year after year, for it was
+easier to take up fresh land than to restore productivity to the old.
+Indeed, the comments of foreign travelers at the close of the century
+suggest doubts as to whether the American farmer understood the
+importance of rotating his crops and of fertilizing his fields. The
+farming implements in use showed little of that mechanical ingenuity
+which is now characteristic of the American people. The plough was still
+a clumsy affair with heavy beam and handles, and wooden mould-board. The
+scythe, the sickle, and the flail were the same as their forbears had
+used for centuries.
+
+The demand of Europe for the food products of the Northern and Middle
+States obscured for a time the importance of cotton as an article of
+export. In 1790, South Carolina and Georgia, then the only
+cotton-growing States, produced less than two million pounds of inferior
+quality, none of which was exported. A decade later thirty-five million
+pounds were raised, one half of which was exported; and Virginia, North
+Carolina, and Tennessee had begun the cultivation. This sudden
+development was due to the invention of the cotton gin by Eli Whitney,
+in 1793. This machine facilitated the separation of the seed from the
+fiber of the short-staple variety of cotton, which alone could be
+profitably cultivated in the uplands, and thus made possible a vast
+extension of the area of cotton culture.
+
+The cotton gin came at an opportune moment for the Southern planters,
+since rice and indigo were declining in importance as exports, and their
+gangs of African slaves were likely to become a burden. They could now
+cultivate cotton under an extensive system of agriculture with large
+immediate profits. Experience proved, however, that the system was
+extraordinarily wasteful, leading to a rapid exhaustion of the soil.
+This ever-recurring exhaustion of the soil and demand for new land was a
+potent cause of the incessant pressure of population into the virgin
+lands of the Southwest, in succeeding decades.
+
+The new President was the embodiment of the national life. Although he
+was tall of stature, he was not outwardly an impressive figure. His red,
+freckled face wore a frank, good-natured expression, but he lacked
+dignity and poise. "His whole figure has a loose, shackling air," wrote
+a contemporary. "A laxity of manner seemed shed about him ... even his
+discourse partook of his personal demeanor. It was loose and rambling."
+With his blue coat and red waistcoat, his green velveteen breeches, yarn
+stockings, and slippers down at the heels, he seemed to an English
+visitor, who saw him in 1804, "very much like a tall, large-boned
+farmer." Jefferson would have been the last to resent this epithet. No
+man had a more profound respect for tillers of the soil. Years before he
+had written: "Generally speaking, the proportion which the aggregate of
+the other classes of citizens bears in any State to that of its
+husbandmen is the proportion of its sound to its healthy parts, and is a
+good enough barometer whereby to measure its degree of corruption." He
+rejoiced in the agricultural possibilities of America. Could he have had
+his way, he would have made the republic, in the apt phrase of Mr. Henry
+Adams, "an enlarged Virginia--a society to be kept pure and free by the
+absence of complicated interests, by the encouragement of agriculture
+and of commerce as its handmaid." He abhorred cities and factories, and
+dreaded the growth of a manufacturing and capitalist class.
+
+An agricultural society bent upon justice, Jefferson believed, could
+always protect itself against the aggressions of foreign nations. "Our
+commerce," he wrote soon after his inauguration, "is so valuable to
+them, that they will be glad to purchase it, when the only price we ask
+is to do us justice. I believe we have in our own hands the means of
+peaceable coercion." In this wise the United States would set an example
+to the world of a society democratically organized and capable of
+unlimited moral and physical progress.
+
+As the head of a party which had effected a revolution in government,
+Jefferson's first care was to reconcile his opponents to Republican
+rule. The inaugural address emphasized the principles upon which all
+republican governments must be based. It is often said that these
+principles might have been uttered by Washington with equal
+propriety--as good Federalist doctrine. This is to mistake the
+significance of the revolution which had occurred. A party had triumphed
+which Federalists firmly believed inimical to all government. The
+announcement that the fundamental principles to which all Americans were
+attached would guide the new Administration had a meaning which it would
+not have had if uttered by a Federalist President. So far did Jefferson
+lean in holding out the olive branch that he ran the risk of minimizing
+the revolution of 1800. To say that "every difference of opinion is not
+a difference of principle. We are all Republicans, we are all
+Federalists," was to contradict his often expressed conviction that his
+party had saved the country from monarchy.
+
+Aside from such generalities as that wise government consists in
+restraining men from injuring one another and leaving them free to
+regulate their own pursuits, the inaugural address contains no
+declaration of purpose or policies. No such reticence marks Jefferson's
+private letters, which are, indeed, the best expression of his political
+philosophy. Nowhere is the governing purpose of his Administration
+stated more clearly than in a letter written just before his
+inauguration. "Let the general government be reduced to foreign concerns
+only, and let our affairs be disentangled from those of all other
+nations, except as to commerce, which the merchants will manage the
+better the more they are left free to manage for themselves, and our
+general government may be reduced to a very simple organization and a
+very unexpensive one,--a few plain duties to be performed by a few
+servants."
+
+The first and most troublesome task of the Administration was to select
+these few servants. Even in naming the heads of departments, the
+President experienced some embarrassment, for, while Madison accepted
+readily the Secretaryship of State and Albert Gallatin that of the
+Treasury, the naval portfolio went begging. Robert Smith, of Maryland,
+was finally persuaded to accept the post. Two New Englanders, Henry
+Dearborn and Levi Lincoln, became Secretary of War and Attorney-General
+respectively. Far more difficult was the distribution of the lesser
+federal offices. Had Jefferson been free to follow his own inclination,
+he would probably have made few removals, even though such a course
+would have seemed somewhat inconsistent with his belief that Federalists
+were monarchists at heart. He yielded slowly and reluctantly to the
+demands of his partisans for their share of the offices; but he
+professed to look forward with joy to that state of things when the only
+questions concerning a candidate shall be, Is he honest? Is he capable?
+Is he faithful to the Constitution?
+
+The embarrassment of the President was all the greater because removals
+from office were likely to defeat his policy of conciliating the
+Federalists; and because the bestowal of offices was likely to alienate
+some local faction, as in New York, where the Clintons and the
+Livingstons were fighting the faction led by Burr. Once started on the
+policy of removal, the descent was easy. The point of equilibrium
+between the parties was soon passed. By the end of Jefferson's second
+term of office, the civil service was as preponderatingly Republican as
+it had been Federalist in 1800. It cannot be denied that Jefferson
+opened the door to the spoils system; but it should be stated also that
+he endeavored to make fitness a qualification for office. The charge
+that offices were given indiscriminately to "wild Irishmen" and French
+refugees, is not sustained by the facts. On the whole Jefferson's
+appointments were not inferior in character to those of his
+predecessors. The vicious aspects of the spoils system did not appear
+for a generation.
+
+As an opposition party the Republicans had always declaimed vociferously
+against the powers wielded by the President. Jefferson sincerely wished
+to avoid what he termed the monarchical tendencies of his predecessors;
+and as an earnest of his intentions he abandoned not only levees but
+also the practice of addressing Congress in a speech, since Republicans
+held this custom a reprehensible imitation of the British speech from
+the throne. Yet with characteristic indirection, Jefferson assigned
+other reasons for substituting a written message for the usual personal
+address. "I have had principal regard," said he, "to the convenience of
+the Legislature, to the economy of their time, to their relief from the
+embarrassment of immediate answers, on subjects not yet fully before
+them, and to the benefits thence resulting to public affairs." It is
+highly probable that Jefferson had his own convenience also in mind, for
+he was not a ready nor an impressive speaker.
+
+The keynote of the reforms which the President suggested tactfully to
+Congress was economy. It was to effect a reduction of the debt, indeed,
+that Jefferson had called Gallatin to the head of the Treasury. Eight
+years later he wrote: "The discharge of the debt is vital to the
+destinies of our government; we shall never see another President and
+Secretary of the Treasury making all other objects subordinate to this."
+By laborious calculation Gallatin reached the conclusion that if
+$7,300,000 were set aside each year, the debt, principal and interest,
+could be discharged within sixteen years. But the party was clamoring
+for the reduction of taxes. The problem before the Secretary of the
+Treasury was how to accomplish these antithetical purposes. The most
+unpopular tax was unquestionably the excise. If this were cut out and
+the estimated appropriation for the reduction of the debt were made, the
+Government would be unable to live within its income. The only
+alternative was to reduce expenditures. It was at this point that
+Jefferson's "chaste reformation" of the government was to begin. Under
+the Federalist regime, in anticipation of war with France, the
+expenditures for the army and navy had mounted to six millions of
+dollars, nearly double the normal expenditure of those departments. All
+good Republicans would welcome a proposal to reverse the militant policy
+of the Federalists, which, indeed, the return of peace seemed to make
+unnecessary. It was agreed that the expenditures for the army and navy
+should be kept below two million dollars.
+
+Notwithstanding Jefferson's wish to avoid everything savoring of
+executive dictation, he could not abdicate his position as leader of his
+party. Throughout his first term, at least, he was the master mind
+directing the policies of the party, in ways which were not less
+effective because they were personal and indirect. The leadership in the
+House of Representatives, which then overshadowed the Senate, fell to
+Southern rather than to Northern Republicans. In close touch with the
+Speaker, Nathaniel Macon, of North Carolina, and with the chairman of
+the Committee of Ways and Means, the eccentric John Randolph, of
+Roanoke, the Administration scored comparatively easy victories over the
+Federalists on matters of financial policy.
+
+The repeal of the Judiciary Act of 1801 was the second task which the
+President laid upon the shoulders of Congress. No act of the outgoing
+Administration had given greater offense. Jefferson expressed a general
+impression when he declared that the Federalists, driven from the
+legislative and executive branches of the Government, had retreated into
+the judiciary as their stronghold. "There the remains of federalism are
+to be preserved and fed from the Treasury; and from that battery all the
+works of republicanism are to be beaten down and destroyed." But no
+suggestion of this animus toward the Federalist judges appeared in the
+studied moderation of the President's message. The President contented
+himself with presenting a record of the causes decided by the courts, in
+order that Congress might "judge of the proportion which the institution
+bears to the business it has to perform."
+
+[Map: Vote on Repeal of the Judiciary Act House of
+Representatives March 2, 1802]
+
+Taking their cue from the President, the Republican leaders in Congress
+urged the repeal of the Judiciary Act on the ground that the new courts
+had not justified their existence. Republican economy required that
+unnecessary, and therefore improper, institutions should be abolished.
+Certain bolder spirits like William Giles, of Virginia, however, frankly
+admitted a fear of the "ultimate censorial and controlling power" of the
+courts over all the departments of the Government--a control "over
+legislation, execution, and decision, and irresponsible to the people."
+In the background of the active mind of this Virginian was hostility to
+the new courts "because of their tendency to produce a gradual
+demolition of State Courts." If this last were the real reason for the
+repeal of the act, consistency should have led the Republicans to revise
+the whole judiciary system from the Supreme Court down. But for such
+radical action few, if any, were prepared. The repealing act passed the
+House by a party vote of fifty-nine to thirty-two, and was signed by the
+President on March 8, 1802.
+
+In the course of the acrimonious debate over the judiciary, Federalists
+had challenged the constitutional right and power of Congress to vacate
+the judgeships, asserting that the plain intent of the Constitution is
+to place the judges beyond the power of Congress by prescribing a tenure
+of office during good behavior. The challenge was disquieting, for with
+John Marshall on the bench of the Supreme Court, the Republican
+reformation of the courts might be brought to naught by an adverse
+decision. A supplementary act was therefore passed which prevented the
+Supreme Court from holding its usual session. It was hoped that when the
+court met in the following year, Federalist partisanship would have lost
+its violence.
+
+Two obnoxious acts of the late Administration--the Alien and the
+Sedition Acts--had expired by limitation. Congress suffered the Alien
+Enemies Act to remain upon the statute book, but insisted upon the
+repeal of the Naturalization Act of the year 1798. The time of residence
+required of aliens before they could acquire citizenship was again fixed
+at five years. With these rather meager performances, the reforms of the
+Republicans came to an end.
+
+Perhaps none of the last appointments of John Adams had so exasperated
+his successor as that of John Marshall as Chief Justice of the Supreme
+Court. Jefferson had an invincible repugnance for Marshall; and the
+feeling was cordially reciprocated. Between these men there were
+temperamental differences as wide as the ocean. Moreover, Jefferson
+entertained the belief that all appointments made by Adams after the
+results of the election were known were nullities, on the theory that a
+retiring President might not bind his successor. Two years later, in
+1803, in the famous case of _Marbury_ v. _Madison_, the Supreme Court,
+speaking through the Chief Justice, took sharp issue with the President.
+William Marbury had applied to the court for a _mandamus_ to compel
+Madison, Secretary of State, to deliver his commission as justice of the
+peace, which, it was alleged, had been duly signed and sealed, but never
+delivered. The Supreme Court held that Marbury was entitled to his
+commission. "To withhold his commission, therefore," said Marshall, "is
+an act deemed by the Court not warranted by law, but violative of a
+legal vested right." Let President Thomas Jefferson take notice of his
+constitutional obligations.
+
+The case of _Marbury_ v. _Madison_, however, has a much deeper
+significance for constitutional history. Having asserted the right of
+Marbury to his commission, the court disappointed expectations by
+refusing to issue the writ of _mandamus_, on the ground that the power
+to issue such writs was not conferred by the Constitution upon the
+Supreme Court as part of its original jurisdiction. And as the Judiciary
+Act of 1789 had conferred this authority, the court was impelled to
+declare this provision of the act unwarranted by the Constitution and
+therefore void. For the first time the Supreme Court asserted its power
+to pronounce an act of Congress repugnant to the Constitution not to be
+law, but void and of no effect. In substantiating its position, the
+court did not inquire into the difficult question whether the framers of
+the Constitution intended or expected the national judiciary to exercise
+this authority. It was enough for the purposes of the court that the
+Constitution was the supreme and paramount law of the land, established
+by the people of the United States. The Constitution defines and limits
+the powers of government it must then control any legislative act
+repugnant to it. "Certainly all those who have framed written
+constitutions contemplate them as forming the fundamental and paramount
+law of the nation, and, consequently, the theory of every such
+government must be, that an act of the legislature, repugnant to the
+constitution, is void."
+
+With equal certitude the court declared that it was the province and
+duty of the judiciary to say what the law is. "Those who apply the rule
+to particular cases, must of necessity expound and interpret that rule.
+If two laws conflict with each other, the courts must decide on the
+operation of each." So if a law stood in opposition to the Constitution,
+the court must decide which of these conflicting rules governs the case.
+"This is of the very essence of judicial duty." Moreover, the judges may
+not shut their eyes to the Constitution and see only the law, for they
+are bound by oath to administer justice not according to the laws alone,
+but "agreeably to the Constitution and the laws of the United States."
+"Thus, the particular phraseology of the Constitution of the United
+States confirms and strengthens the principle, supposed to be essential
+to all written constitutions, that a law repugnant to the Constitution
+is void; and that courts, as well as other departments, are bound by
+that instrument."
+
+On two other occasions the hostility of the Republican Administration
+provoked a trial of strength with the Federalist judiciary. The
+impeachment in 1804 of John Pickering, District Judge in New Hampshire,
+on charges of intoxication and habits unfitting him for his duties,
+amounted to little short of a tragedy. When the trial opened, Judge
+Pickering did not appear, but representations made by his son showed
+beyond a doubt that he was and had been for two years of unsound mind.
+To convict a man of misdemeanors for which he was not morally
+responsible seemed a travesty on justice. Yet there was no other
+constitutional device for removing him. Though Pickering never appeared
+in person, the managers for the House pressed the prosecution; and
+rather than leave the administration of justice to a demented judge, the
+Senate pronounced the unhappy man "guilty as charged," and resolved
+that he should be removed from office.
+
+On the same day that the Senate reached this monstrous decision, March
+12, 1804, the House voted to impeach Justice Samuel Chase, of the
+Supreme Court. While the defiant words of Chief Justice Marshall in the
+Marbury case were still rankling in Jefferson's bosom, Justice Chase had
+gone out of his way to attack the Administration, in addressing a grand
+jury at Baltimore. The repeal of the Judiciary Act, he had declared, had
+shaken the independence of the national judiciary to its foundations.
+"Our republican Constitution," said he, "will sink into a mobocracy--the
+worst of all possible governments." To appreciate the effect of this
+partisan outburst upon the President, one must recall that Chase was the
+judge who had presided at the trials of Fries and of Callender, and who
+had left the bench to electioneer for John Adams in the campaign of
+1800. Jefferson immediately wrote to Nicholson, who was managing
+Pickering's impeachment, raising the question whether "this seditious
+and official attack on the principles of our Constitution" ought to go
+unpunished.
+
+Such was Jefferson's way of initiating the measures of the
+Administration. His supporters in the House were not over-eager to take
+up the gauntlet, but as usual the wishes of the President prevailed. The
+management of the impeachment of Chase fell to John Randolph, who was as
+ill-fitted by temperament for the difficult task as a man could be.
+Instead of impeaching Chase for his indiscretion at Baltimore, Randolph
+dragged into the indictment his conduct on the bench during the trials
+of Fries and of Callender, and certain errors in law which he was
+alleged to have committed. The effect of these latter items was to range
+all the bench on the side of Chase, for if a mere mistake in judgment
+was a proper ground of impeachment, no judge was safe in his tenure.
+Justice Chase secured some of the best legal talent in the country to
+conduct his defense; and the trial assumed from the outset a spectacular
+character from the personalities involved.
+
+The managers of the impeachment were far from consistent in their
+conception of the nature of impeachable offenses. Randolph, Campbell,
+and Giles held that an impeachment was "a kind of inquest into the
+conduct of an officer merely as it regards his office," rather than a
+criminal prosecution. A judge, in short, might be removed for a mistake
+in the administration of the law. Nicholson rejected this theory,
+contending that impeachment was essentially a criminal prosecution which
+aimed at not only the removal but also the punishment of the offender.
+Yet the managers had not specified any offense which could be called a
+"high crime" or "misdemeanor" within the meaning of the Constitution.
+The counsel for Justice Chase, on the other hand, held consistently to
+the position that a judge might not be impeached or removed from office
+for anything short of an indictable offense, an offense indictable under
+the known law of the land.
+
+From the first, the legal counsel for the accused were more than a
+match for the managers. Randolph's erratic course culminated in an
+impassioned but incoherent speech which closed the argument for the
+prosecution and left the outcome hardly in doubt. Not one of the
+articles of impeachment received the two-thirds majority which was
+necessary to convict. The eighth article, which touched upon the real
+provocation for the trial,--the harangue at Baltimore,--received the
+highest vote; but nearly one fourth of the Republican Senators refused
+to sustain the managers. The acquittal of Chase was, therefore, a
+judgment against Randolph. He never recovered his lost prestige as the
+leader of his party in the House. Jefferson could accept Randolph's
+downfall with equanimity, but not the failure of the impeachment. Years
+afterward he wrote, bitterly that impeachment was "an impracticable
+thing, a mere scarecrow." From this time on, said he, the judges held
+office without any sense of responsibility, led "by a crafty chief-judge
+who sophisticates the law to his mind by the turn of his own reasoning."
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     Although the general histories contain much that is important for
+     an understanding of the administrations of Jefferson, the
+     authority _par excellence_ is Henry Adams, _History of the United
+     States of America_ (9 vols., 1889-91). Chapters I-VI of the first
+     volume contain an excellent description of American society about
+     1800; but for the details of social and economic life the reader
+     will turn to McMaster. A briefer account of the Jeffersonian
+     regime may be found in Channing, _The Jeffersonian System,
+     1801-1811_ (in _The American Nation_, vol. 12, 1906). Henry Adams
+     has also contributed two biographies to this period: _Life of
+     Albert Gallatin_ (1878), and _John Randolph_(1882). The Federalist
+     point of view is admirably presented in S. E. Morison, _The Life
+     and Letters of Harrison Gray Otis_ (2 vols., 1913). The larger
+     biographies of Jefferson are: H. S. Randall, _Life of Thomas
+     Jefferson_ (3 vols., 1858), commonly referred to as the standard
+     biography, though exceedingly partisan; G. Tucker, _Life of Thomas
+     Jefferson_ (2 vols., 1837); and James Parton, _Life of Thomas
+     Jefferson_(1874).
+
+
+
+
+CHAPTER VIII
+
+THE PURCHASE OF THE PROVINCE OF LOUISIANA
+
+
+Not a war cloud was in the sky when Jefferson took the oath of office.
+The European calm, to be sure, proved to be only a lull in the tempest
+of war which was to rage fifteen years longer; but no man could have
+cast the horoscope of Europe in that age of storm and stress. The times
+seemed auspicious for the Republican program of retrenchment and
+economy. Jefferson was so sanguine of continued peace that he would have
+been glad to lay up all seven of the frigates which then constituted the
+navy in the eastern branch of the Potomac, where "they would be under
+the immediate eye of the department, and would require but one set of
+plunderers to take care of them." Peace was his passion, he frankly
+avowed. He would have been glad to banish all the paraphernalia of war.
+Yet within three months the United States was at war with an
+insignificant Mediterranean power and menaced by France from an
+unexpected quarter.
+
+Early in the spring of 1801, the Pasha of Tripoli, one of the Barbary
+powers which for years had preyed upon the commerce of the
+Mediterranean, declared war upon the United States by cutting down the
+flagstaff at the residence of the American consul. European states had
+purchased immunity for their commerce by paying tribute to these
+rapacious pirates; and the United States had followed the custom. The
+Pasha of Tripoli, however, was dissatisfied with the American tribute, a
+paltry eighty-three thousand dollars, and demanded more. The other
+Barbary powers threatened to make common cause with him. Anticipating
+trouble, Jefferson had sent a small squadron to the Mediterranean even
+before the dramatic act of the Pasha at the American consulate; and
+hostilities began on August 1 with the capture of a corsair by the
+schooner Enterprise. Therewith Jefferson's dreams of a navy for coast
+defense only vanished in thin air.
+
+Contrary to all expectations, the Tripolitan War dragged on for four
+years, causing the peace-loving Administration no end of embarrassment.
+So far from reducing expenditures, Gallatin was obliged to devise new
+ways and means for an ever-increasing naval force. An additional duty of
+two and one half per cent was laid on all imports which paid an _ad
+valorem_ duty, and the proceeds were kept as a separate treasury
+account. The Administration was sensitive to the charge that it was
+guilty of the very crime which it had accused the Federalists of
+committing--"taxing the industry of our fellow citizens to accumulate
+treasure for war." With superior wisdom and a higher sense of popular
+responsibility, the Republicans, so the argument ran, were establishing
+a "Mediterranean Fund," so that the people might know in detail just
+what was collected and spent for war purposes.
+
+Tales of individual daring go far to relieve the tedious record of
+ineffective blockades and bombardments during the war. Two exploits left
+an imperishable memory in the minds of contemporaries--Lieutenant
+Stephen Decatur's destruction of the captured frigate Philadelphia,
+under the guns of the forts in the harbor of Tripoli; and the tragic
+death of Lieutenant Richard Somers and the crew of the Intrepid, as they
+were about to blow up the Tripolitan gunboats in the harbor. These deeds
+of heroic adventure created the very last thing that Jefferson desired,
+something closely akin to an _esprit de corps_ in the new navy.
+
+It was not so much the onslaughts of Commodore Preble's gunboats,
+however, as an unexpected attack on his eastern frontier which brought
+the Pasha to terms. His exiled brother, Hamet Caramelli, had fallen in
+with an American adventurer by the name of Eaton, who persuaded him to
+join an expedition against their common enemy. With a motley army they
+marched across the desert from Egypt and fell upon the outlying domains
+of the Pasha. That astute monarch then yielded to persuasion. On June 3,
+1805, with many protestations that he was being subjected to humiliating
+terms, he agreed to live on terms of peace with the United States and
+renounce all claim to tribute; but his injured feelings were salved by a
+ransom of sixty thousand dollars for the crew of the Philadelphia. The
+Pasha's brother was rewarded with a pension of two hundred dollars a
+year.
+
+At the same moment that hostilities broke out in the Mediterranean,
+Jefferson heard disquieting news from France. "There is considerable
+reason to apprehend," he wrote to Monroe, on May 26, 1801, "that Spain
+cedes Louisiana and the Floridas to France. It is a policy very unwise
+in both, and very ominous to us." What Jefferson apprehended was,
+indeed, an accomplished fact. On October 1, 1800, the day after Joseph
+Napoleon, in the name of his brother, set his hand to the Treaty of
+Morfontaine, which restored amicable relations between France and the
+United States, General Berthier under instructions from Napoleon signed
+at Ildefonso a treaty which restored Louisiana to France. In effect, as
+Mr. Henry Adams says, the second treaty undid the work of the first.
+
+The retrocession of Louisiana, long desired and sought by the Directory,
+was regarded by Talleyrand as a diplomatic triumph of first magnitude.
+The price, easily paid by one who held Italy under his iron heel, was a
+kingdom in Tuscany for the young Duke of Parma, nephew and son-in-law of
+Charles IV of Spain. The gateway to this vast province was New Orleans,
+and the avenue of approach lay by way of Santo Domingo, once an
+important French colony, but now under the rule of Toussaint
+L'Ouverture. Before Talleyrand's dream of a revived colonial empire in
+the heart of the North American continent could be realized, this
+"gilded African" must be removed and Santo Domingo restored to its
+former position as the center of the French West Indies. The conquest of
+a negro republic surely could not be a difficult undertaking for one who
+had humbled Austria on the battlefields of northern Italy. In November,
+1801, Napoleon dispatched Leclerc with an army of ten thousand men to
+recover Santo Domingo.
+
+Jefferson was thoroughly alarmed at the news of Leclerc's expedition.
+"Every eye in the United States," he wrote, "is now fixed on this affair
+of Louisiana. Perhaps nothing since the Revolutionary War has produced
+more uneasy sensations through the body of the nation." No discerning
+man could mistake the significance of the expedition; the French troops
+would proceed to Louisiana after finishing their work in Santo Domingo.
+The retrocession of Louisiana, in short, as Jefferson said, completely
+reversed all the political relations of the United States. Hitherto,
+from the Republican point of view, France had been our natural friend.
+Henceforth, as the possessor of New Orleans, through which three eighths
+of the produce of the West passed to market, she became a natural and
+habitual enemy. "France placing herself in that door," wrote Jefferson
+to Livingston, "assumes to us the attitude of defiance. The impetuosity
+of her temper, the energy and restlessness of her character, placed in a
+point of eternal friction with us, and our character, ... these
+circumstances render it impossible that France and the United States can
+continue long friends when they meet in so irritable a position.... The
+day that France takes possession of New Orleans fixes the sentence which
+is to restrain her forever within her low-water mark. It seals the union
+of two nations who in conjunction can maintain exclusive possession of
+the ocean. From that moment we must marry ourselves to the British fleet
+and nation."
+
+Even as he expressed his apprehensions to Livingston, then Minister to
+France, Jefferson suggested ways and means for averting the clash of
+conflicting interests. If France was bent on possessing and holding
+Louisiana, might she not make concessions for the sake of retaining the
+friendship of the United States? Livingston was to sound the French
+Government to ascertain whether it would entertain the idea of ceding
+the Island of New Orleans and the Floridas. "We should consider New
+Orleans and the Floridas as equivalent for the risk of a quarrel with
+France produced by her vicinage," he assured Livingston.
+
+What the Western world had to fear from the French occupation of
+Louisiana appeared in November, 1802, when Governor Claiborne, of the
+Mississippi Territory, reported that the right of deposit at New Orleans
+had been withdrawn. The act, to be sure, was that of the Spanish
+intendant, but every one believed that it had been incited by France.
+The people of the Western waters, particularly in Tennessee and
+Kentucky, were outraged and demanded instant war against the aggressor.
+Even in Congress a war party raised its head. During all this popular
+clamor the self-restraint of the Administration was admirable. The
+annual message ignored the existence of the war party and referred to
+the cession of Louisiana in colorless language worthy of Talleyrand.
+
+The Administration was not, however, without a well-considered policy.
+In January, at the instance of party leaders, an appropriation of two
+million dollars was voted by Congress "to defray any expenses in
+relation to the intercourse between the United States and foreign
+nations"; and James Monroe was appointed Minister Extraordinary to
+France and Spain, to aid Livingston and Pinckney in "enlarging and more
+effectually securing our rights and interests in the river Mississippi
+and in the territories eastward thereof."
+
+Meantime, Napoleon's colonial schemes had received a decisive check. The
+transfer of Louisiana had been delayed by the opposition of Godoy, who
+had returned to royal favor in Spain; Leclerc's invading army had been
+worn away by the attrition of incessant war with the negroes; a second
+army had been decimated by yellow fever; and finally Leclerc himself had
+succumbed to the dread destroyer, leaving the remnants of the French
+troops to their fate. Without the most extraordinary exertions, Santo
+Domingo was lost; and what was Louisiana without the island which was
+the very heart of the projected colonial system? The First Consul was
+almost ready to abandon a project which after all had originated in
+Talleyrand's brain rather than in his own. What he sought was a fair
+pretext to cover his retreat from failure.
+
+Livingston plied the French Ministers with arguments to prove that it
+was good policy to put the Americans in possession of the Island of
+Orleans. One day, while he was repeating the old story, Talleyrand
+suddenly asked what he would give for the whole of Louisiana. For the
+moment Livingston was nonplussed, and declined to make any offer.
+Talleyrand repeated his question and Livingston replied that twenty
+millions of francs would be a fair price, if France would pay the
+spoliation claims of American citizens since the Treaty of 1800.
+Talleyrand demurred: the sum was too small. Thereupon Livingston
+promised to advise with Monroe who was expected soon.
+
+Monroe, as it happened, arrived on this very day. On the following day
+Livingston learned casually from Marbois, a minister who stood very
+close to the First Consul, that Napoleon had named a hundred million
+francs and the payment of the American spoliation claims as the price of
+Louisiana. Further conversation elicited the information that Napoleon
+would consider an offer of sixty million francs with claims amounting to
+twenty millions more. For a fortnight the two envoys, at the risk of
+losing everything, sought to secure better terms. But the First Consul
+would not abate his demands. On May 2, 1803, Livingston and Monroe set
+their signatures to a treaty by which Napoleon agreed to sell a province
+of which he was not in possession and which he had contracted never to
+alienate. The price to be paid was the sum last named, amounting in
+American figures to $11,250,000. The amount of outstanding claims which
+the United States agreed to assume was estimated at $3,750,000. After
+signing his name to the treaty, Livingston rose and shook hands with
+Monroe and Marbois. "We have lived long," he said with emotion, "but
+this is the noblest work of our lives."
+
+In less exalted moments, Livingston and Monroe may well have
+experienced some disquietude at what they had done. The instructions
+given to Monroe contemplated no more extensive purchase than New Orleans
+and West Florida, at a sum not exceeding $10,000,000. The envoys had set
+out to purchase a tract of land which controlled the delta of the
+Mississippi they had acquired an empire beyond the Mississippi whose
+limits they did not know, at a price which exceeded their allowance by
+$5,000,000. Besides, it was not at first believed that West Florida was
+included in this purchase. Livingston was keenly disappointed, until on
+narrower examination he found, in the words of the treaty, evidence
+which satisfied him that France--to quote Mr. Henry Adams--"had actually
+bought West Florida without knowing it and had sold it to the United
+States without being paid for it." The words on which he founded his
+theory were those which retroceded Louisiana "with the same extent as it
+now has in the hands of Spain, and that it had when France possessed it,
+and such as it should be according to the treaties subsequently entered
+into between Spain and the other States." Monroe soon adopted
+Livingston's view and pressed it upon the President.
+
+The news of the purchase of Louisiana reached the United States in the
+latter part of June and occasioned much rejoicing among stanch
+Republicans of the Middle and Southern States. The people east of the
+Alleghanies were densely ignorant about this Spanish province, but they
+sensed in a vague way that its possession by a power like France would
+have dragged the United States into the maelstrom of European politics.
+The Federalists of the Eastern States looked askance at this as at every
+act of the Administration of Thomas Jefferson, without knowing anything
+about this vast domain beyond the Mississippi. The President himself was
+not much better informed about Louisiana. In a report to Congress he
+undertook to put together such information as he could cull from books
+of travel and pick up by hearsay. His credulity led him into some
+amazing statements. A thousand miles up the Missouri, he stated soberly,
+there was a salt mountain, one hundred and eighty miles long and
+forty-five miles in width, composed of solid rock salt, without any
+trees or even shrubs on it. He would not have believed the tale but for
+the testimony of travelers who had shown specimens of the salt to the
+people of St. Louis. Federalist newspapers made merry over the
+President's discovery. "Can this be Lot's wife?" asked one editor.
+
+But Jefferson had already taken steps to dispel general ignorance about
+the Far West. Securing from Congress an appropriation for an expedition
+among the Missouri Indians, ostensibly to extend the external commerce
+of the United States, he commissioned his private secretary, Meriwether
+Lewis, and William Clark, brother of George Rogers Clark, to undertake
+one of the most important explorations in American annals. With a body
+of picked men, Lewis and Clark made their way to the upper waters of the
+Missouri, and passed the winter of 1804-05 among the Mandans. In the
+following spring and summer they crossed the Rocky Mountains to the
+waters of the Columbia. Here they spent a second winter, and then began
+their arduous return, by way of the Great Divide, the Yellowstone River,
+and the Missouri, to St. Louis. The journals of the members of this
+expedition are a remarkable record of personal adventures and scientific
+observations. It was not until 1814, however, that the details of this
+expedition were given to the public.
+
+Meantime, Lieutenant Zebulon Montgomery Pike had won immediate fame by
+publishing an account of two thrilling expeditions into the Far West. On
+the first expedition Pike traced the upper course of the Mississippi
+almost to its source; on the second, begun soon after his return to St.
+Louis in 1806, he followed the course of the Arkansas to the peak which
+bears his name. His attempt to explore the headwaters of the Rio Grande,
+which he mistook for the Red River, led to his capture by the Spanish
+authorities. After a roundabout journey through Mexico and Texas, he was
+released on the Louisiana frontier.
+
+Unexpected as the acquisition of Louisiana was to the Administration,
+President Jefferson was quick to appreciate the vast importance of the
+province to the United States. "Giving us the sole dominion of the
+Mississippi," he wrote, "it excludes those bickerings with foreign
+powers, which we know of a certainty would have put us at war with
+France immediately: and it secures to us the course of a peaceable
+nation." At the same time he was equally quick to see that the
+acquisition would give "a handle to the malcontents." To his intimates
+he avowed with the utmost frankness that the Administration had
+exceeded its constitutional powers. The Constitution, he conceived, did
+not contemplate the acquisition of territory not included within the
+limits fixed by the Treaty of 1783. Yet he was firmly convinced of the
+practical necessity of ratifying the treaty of purchase. The only way
+out of the dilemma, he thought, was frankly "to rely on the nation to
+sanction an act done for its great good, without its previous
+authority."
+
+Never doubting that so benevolent a purpose would be cordially approved,
+Jefferson drafted an amendment to the Constitution authorizing the
+acquisition of Louisiana and providing for its government. To his
+surprise, leading Republicans received his proposal with indifference,
+not to say with coolness. Nicholas thought that the power to acquire
+territory by treaty might fairly be inferred from the Constitution, and
+advised the President not to run the risk of turning the Senate against
+the treaty by raising constitutional scruples. In much distress of
+spirit Jefferson replied that to assume by free construction the power
+to acquire territory was to make blank paper of the Constitution. If the
+treaty-making power could be stretched in this fashion, then there was
+no limit to its extent. But finding that his party did not share his
+scruples, Jefferson abandoned his amendment to the Constitution,
+"confiding that the good sense of our country will correct the evil of
+construction when it shall produce ill effects." Hamilton in all the
+pride of triumphant Federalism had never gone further than this.
+
+The debates in Congress over the treaty are full of interest to the
+student of constitutional law. The treaty fairly bristled with
+controversial points. The exigencies of politics played havoc with
+consistency. Parties seemed to have changed sides. Federalists borrowed
+state-rights arguments without a tremor; and Republicans employed the
+language of centralization with Federalist facility. Federalists from
+New England looked beyond the immediate issue and discerned the
+inevitable economic as well as political consequences of westward
+expansion. The men who would have naturally populated the vacant lands
+of Maine, New Hampshire, and Vermont would inevitably seek this "new
+paradise of Louisiana," observed a New England pamphleteer. Jeffersonian
+Democracy rather than Federalism would become the creed of these
+transplanted New Englanders, if Ohio were a fair example of future
+Western Commonwealths. Moreover, as these new States would in all
+probability enter the Union as slaveholding communities, they would
+further impair the influence of the Eastern States in the National
+Government. Even the remnant of the Federalist party in the South
+opposed the purchase of Louisiana, fearing that the Atlantic States
+would be depressed in influence by the formation of great States in the
+West.
+
+Upon one great constitutional principle, both Federalists and
+Republicans were disposed to agree: that the United States had the power
+to acquire foreign territory, either by treaty or conquest. Senator
+Tracy, of Connecticut, conceded this point, but denied that the
+inhabitants of an acquired territory could be admitted into the Union
+and be made citizens by treaty. In providing that "the inhabitants of
+the ceded territory shall be incorporated in the Union," the
+Administration had exceeded its constitutional authority. The consent of
+all the States was necessary to admit into the Union. Senator Pickering,
+of Massachusetts, held the same view. "I believe the assent of each
+individual State to be necessary," said he, "for the admission of a
+foreign country as an associate in the Union, in like manner as in a
+commercial house the consent of each member would be necessary to admit
+a new partner into the company." To this line of argument, Taylor, of
+Virginia, replied that the words of the treaty did not contemplate the
+erection of the ceded territory as a State, but its incorporation as a
+Territory.
+
+On October 17, 1803, the Senate ratified the treaty by a vote
+of twenty-four to seven. Two constitutional principles seemed,
+therefore, to be decided: the Government had a constitutional
+right to acquire foreign territory; and the treaty-making power could
+incorporate--whatever that expression might mean--such territory into
+the Union. A third matter of policy had yet to be determined: what
+powers had Congress over the new territory? Two courses lay open, either
+to make Louisiana a part of the "territory" which the Constitution gives
+Congress power to "dispose of," or to hold the province as a dependency
+apart from other organized Territories. The provisional act which
+Congress adopted pointed in this latter direction, since it authorized
+the President to take possession of the province and concentrated all
+powers, civil and military, in the hands of agents to be appointed by
+him. When objection was made that such despotic authority was
+incompatible with the Constitution, Rodney, of Maryland, declared in the
+House of Representatives that Congress had a power in the Territories
+which it could not exercise in the States, and that the limitations of
+power found in the Constitution were applicable to States and not to
+Territories. The Republicans were making rapid progress in learning the
+vocabulary of Federalism.
+
+It is one of the ironies of history that the province over which parties
+battled with so much display of legal profundity was not yet in the
+possession of the First Consul. Six months after the ratification of the
+treaty, in the old Cabildo at New Orleans, Laussat received from the
+Spanish governor the keys of the city and took possession of the
+province in the name of his master. For twenty days the Tricolor floated
+over the Place d'Armes, emblem of the shadowy French tenure. On December
+2, it, in turn, gave place to the Stars and Stripes, as Louisiana passed
+into the hands of the last of its rulers, the puissant young republic.
+
+In the following year Congress divided the province, giving to the
+southern part, the Territory of Orleans, which contained most of the
+inhabitants, a separate territorial government, and annexing the
+sparsely settled upper part to the Indiana Territory. The Act of 1804
+was roundly abused because it gave to the President the appointment of
+all officers in the Territory of Orleans, even the appointment of the
+legislative council of thirteen. By the treaty, it was pointed out, the
+inhabitants of Louisiana were guaranteed all "the rights, advantages,
+and immunities of citizens of the United States." Was not representative
+government one of these privileges? The obvious answer was the
+unpreparedness of the Spanish inhabitants for Anglo-American
+institutions. To the Western American who floated down the Mississippi,
+past the cotton-fields and sugar plantations cultivated by African
+negroes, and who landed his cargo on the levee at New Orleans, among the
+motley throngs, province and city seemed like a foreign country, and the
+inhabitants aliens in speech and habits. From the buildings, with their
+many arcades and balconies and varied coloring, to the courts of law
+where the Code Napoleon, introduced by Laussat, added confusion to the
+Spanish law, the atmosphere of New Orleans was that of a city of the Old
+World, where one civilization was superimposed upon an older. Men bred
+in the traditions of the English law might reasonably doubt whether the
+people of Louisiana were ready for self-government.
+
+Before the new territorial government could be organized, a remonstrance
+had been drawn up by the people of Louisiana and forwarded by three
+commissioners with all possible dispatch to Washington. In the following
+year (1805), Congress so far yielded to the complaints of the people of
+Louisiana as to authorize an elective assembly and to hold out the
+promise of eventual statehood.
+
+But what were the bounds of Louisiana? No one knew with certitude. The
+letters of Livingston and Monroe had convinced Jefferson that Louisiana
+included at least West Florida, and for two years he sought by every
+diplomatic device to wrest from Spain a confirmation of this shadowy
+title. That Spain did not intend to cede West Florida and that France
+had no expectation of receiving it seems clear enough from the
+instructions to Laussat. What he handed over to the American
+representative was Louisiana, with the Rio Bravo and the Iberville as
+boundaries. With some show of right, Jefferson might have occupied
+Texas; he preferred, however, to chase his phantom claim to Florida. For
+Texas nobody then cared, but the Floridas were coveted by Southern
+planters.
+
+In a letter written soon after the signing of the Louisiana Treaty,
+Robert Livingston relates a suggestive conversation which he had with
+Talleyrand. "What are the eastern bounds of Louisiana?" asked Livingston
+rather naively. "I do not know," replied Talleyrand; "you must take it
+as we received it." "But what did you mean to take?" Livingston
+insisted. "I do not know," was the reply. "Then you mean that we shall
+construe it our own way?" "I can give you no direction," replied the
+astute Frenchman. "You have made a noble bargain for yourselves, and I
+suppose you will make the most of it."
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     The history of the Barbary Wars is well told by G. W. Allen, _Our
+     Navy and the Barbary Corsairs_(1905), and by C. O. Paullin,
+     _Commodore John Rodgers_(1910). The investigations of Henry Adams
+     in foreign archives enabled him to treat the diplomatic history of
+     the purchase of Louisiana with great fullness. F. A. Ogg, _The
+     Opening of the Mississippi_(1904), and J. K. Hosmer, _The
+     Louisiana Purchase_ (1902), contain brief accounts of the
+     acquisition of the province. The actual route of the Lewis and
+     Clark expedition may be traced with the aid of O. D. Wheeler, _The
+     Trail of Lewis and Clark_, 1804-1904 (1904). The constitutional
+     aspects of the Louisiana Treaty and the subsequent legislation for
+     the territory are discussed at length by Adams, and less
+     satisfactorily by Schouler and Von Holst. Channing, _The
+     Jeffersonian System, 1801-1811_ (1906), contains a good account of
+     the whole episode. The problem of the original boundaries is
+     discussed by F. E. Chadwick, _The Relations of the United States
+     and Spain_(1909).
+
+
+
+
+CHAPTER IX
+
+FACTION AND CONSPIRACY
+
+
+Down to the end of the eighteenth century, the people of New England
+possessed a greater degree of social solidarity than any other section
+of the Union. Descended from English stock, imbued with common religious
+and political traditions, and bound together by the ties of a common
+ecclesiastical polity, they cherished, as Jefferson expressed it, "a
+sort of family pride" which existed nowhere else between people of
+different States. In New England, there were elements of political and
+religious dissent, to be sure, but the domination of the Congregational
+clergy and the magistracy was hardly less complete in the year 1800 than
+fifty years earlier. New England was governed by "the wise, the good,
+and the rich." All the forces of education, property, religion, and
+respectability were united in the maintenance of the established order
+against the assaults of democracy. New England Federalism was not so
+much a body of political doctrines as a state of mind. Abhorrence of the
+forces liberated by the French Revolution was perhaps the dominating
+emotion. Democracy seemed an aberration of the human mind, which was
+bound everywhere to produce the same results in society. Jacobinism was
+the inevitable outcome. "The principles of democracy are everywhere what
+they have been in France," wrote Ames. "Democracy is a troubled spirit,
+fated never to rest, and whose dreams, if it sleeps, present only
+visions of hell."
+
+In 1801, New England was in bitter, irreconcilable opposition to the
+National Administration. The situation was fraught with grave
+possibilities. Jefferson himself looked forward to "an uneasy
+government," if the whole body of New England continued in opposition to
+Republican principles. Ordinary political opposition was to be expected,
+of course; but a sectional opposition, fortified by a social solidarity
+like that of New England, was a menace to the Union. From the moment
+when he took the oath of office, Jefferson directed his best energies to
+the Republican conquest of New England. It was a policy dictated not
+only by partisan considerations, but also by the highest instincts of
+statesmanship. The fair-minded historian is bound to record that the
+Jeffersonian party in this period of its history was, in spite of all
+its inconsistencies, a potent agency in the maintenance of the Union.
+
+The first conquest of the Republicans was that of Rhode Island in the
+first year of the new Administration. The President was deeply gratified
+by what he called "the regeneration of Rhode Island," interpreting the
+event as "the beginning of that resurrection of the genuine spirit of
+New England." Vermont, he prophesied, would next emerge from under the
+yoke of the Federalist hierarchy; and the fall election verified his
+prediction. Elsewhere the contest was more stubborn and prolonged, but
+the Federalists noted with alarm that the Republican vote was
+increasing everywhere. By the end of Jefferson's first term, the number
+of Republican voters in New England very nearly equaled that of their
+opponents.
+
+The ranks of the Republican party were recruited largely from the rural
+districts, where hostility to the mercantile and moneyed classes was
+most bitter. It was the old alignment of the men of little or no
+personal property against the prosperous and well-to-do classes. From
+this point of view the Republican movement was an attack upon the
+privileged orders, an attempt to break down the social hierarchy of New
+England. Closely connected with the political movement was also the
+struggle of the Baptists and the Methodists to secure religious freedom
+in Massachusetts and Connecticut. The dissenters looked to Jefferson as
+their natural leader; and the bitter opposition of the Congregational
+clergy to the spread of democracy was due to their persistent, and no
+doubt sincere, belief that dissent and democracy were manifestations of
+the same radical and destructive spirit.
+
+The rising tide of Republicanism and the increasing popularity of the
+Administration cast the Federalist leaders into the deepest gloom. The
+annexation of Louisiana was regarded as a mortal blow, since it
+imperiled the ascendency of New England in the Union, and New England
+was the stronghold of Federalism. At the beginning of the year 1804,
+most of the Federalist members of Congress from New England were agreed
+in thinking that a crisis was approaching. Democracy was about to
+triumph over the forces of law and order. The only question was how to
+save their section, where the ravages of Jacobinism could yet be stayed.
+There was but one answer, from the point of view of Senator Timothy
+Pickering. The people of the Eastern States could not reconcile their
+habits, views, and interests with those of the South and West:
+therefore, let them withdraw from the Union and form a Northern
+Confederation. Plumer, of New Hampshire, and Tracy and Griswold, of
+Connecticut, were in hearty agreement with this view. Pickering then put
+his project before the members of the coterie of Federalists in
+Massachusetts, which was generally known as the "Essex Junto." As the
+confederacy shaped itself in Pickering's imagination, it would of
+necessity include New York, which would act as a barrier to the
+insidious inroads of Southern Jacobinism; but Massachusetts should
+initiate the movement.
+
+Replying for his intimates in the Essex Junto, George Cabot put aside
+the project, not as in any wise morally reprehensible,--on the contrary,
+he thought separation desirable,--but as impracticable. The people of
+New England were not aware of their danger and therefore not prepared
+for so radical a movement. The only chance for a successful revolution,
+Cabot thought, would be "a war with Great Britain manifestly provoked by
+our rulers." Pickering and Griswold then turned to New York for support
+and to Aaron Burr.
+
+The Vice-President was at this time without political influence in the
+Administration, and without credit, either morally or politically. In
+New York, the Livingstons and the Clintons, whom he had mortally
+offended, were determined to drive him from the party. At first, Burr
+was inclined to give way: he even applied to the President for an
+executive appointment; but this resource failing, he determined to fight
+his enemies to the bitter end. In February, 1804, he was nominated for
+governor by a group of his friends in the legislature, in opposition to
+the Clinton faction. It was well known that many Federalists would
+support his candidacy. At this crucial moment, Pickering and Griswold
+sought out Burr as an ally. As Governor of New York, they intimated, he
+would be in a strategic position and could take the lead in the
+secession of the Northern States. His leadership in the movement, in
+short, was to be the price of Federalist support at the polls. But the
+shifty Burr would not commit himself further than to promise an
+administration satisfactory to the Federalists. The conspirators had to
+rest content with this vague assurance and to count on Burr's ambition,
+and his desire to be revenged upon his enemies, to bind him to their
+cause.
+
+Meantime, Alexander Hamilton was straining every nerve to prevent the
+Federalists from indorsing the man who stood in the way of his own
+ambition and whom he believed to be a dangerous and unprincipled
+character. Some vestige of prudence kept the party from committing
+itself openly to Burr, but its vote was cast for him. Burr carried his
+old stronghold, New York City, but he was beaten elsewhere in the State.
+The hopes of the Federalists were shattered; the conspirators were
+confounded; and the bubble of a Northern Confederacy vanished.
+
+The immediate consequences of this political episode were personal.
+Hamilton had again thwarted the ambitions and incurred the deadly enmity
+of an embittered political desperado. A challenge followed and was
+accepted. On a summer morning, July 11, 1804, at Weehawken across the
+Hudson, the rivals faced each other for the last time. Hamilton threw
+away his fire: Burr aimed with murderous intent, and Hamilton fell
+mortally wounded. From this moment Burr was a marked man and an outcast
+from respectable society in the East. The newer society of the West,
+less sensitive in such matters, thought none the less of a man who had
+shot his foe in a fair fight. Thither Burr betook himself when his term
+of office expired.
+
+As the presidential election approached, the Republicans determined to
+prevent any recurrence of the accident which had so nearly seated Burr
+in the President's chair. This resolve took the form of a constitutional
+amendment which provided that presidential electors should designate on
+distinct ballots the persons voted for as President and Vice-President.
+To change the Constitution in this wise was a delicate matter. No part
+of the work of the Federal Convention had been more difficult than to
+reconcile the small-State party to the mode provided for the election of
+a President. The final settlement had been accepted only in the
+expectation that in most cases the electoral college would fail to
+elect, and that a choice would then be made by the House of
+Representatives, where the small States would have an equal voice with
+the large States. To remove the chances of an election by the House was
+to upset the original compromise and to increase the importance of the
+large States in the initial election.
+
+Another consequence would follow the proposed change. The office of
+Vice-President would be degraded. Roger Griswold clearly foresaw this
+eventuality. "The office will generally be carried into the market,"
+said he, "to be exchanged for the votes of some large States for
+President; and the only criterion which will be regarded as a
+qualification for the office of Vice-President will be the temporary
+influence of the candidate over the electors of his State."
+Notwithstanding these and many less obvious objections, the amendment
+was adopted by a party vote in Congress and promptly ratified by
+thirteen out of the sixteen States before the fall elections.
+
+The campaign of 1804 was uneventful. The congressional caucus of the
+Republican party dropped Burr as a candidate and nominated George
+Clinton, of New York. Jefferson was the unanimous choice of his party.
+The depressed Federalists supported Charles Cotesworth Pinckney, of
+South Carolina, and Rufus King, of New York, as their candidates.
+Jefferson was triumphantly reelected with the loss of only two States,
+Connecticut and Delaware, and of two electoral votes in Maryland. Well
+might he exult at the discomfiture of his enemies. "The two parties," he
+wrote to Volney, "are almost melted into one."
+
+[Map: The Yazoo-Georgia Land Controversy]
+
+Below the calm surface of Republican politics, however, dangerous
+counter-currents swirled. For a time the controversy over the Yazoo land
+claims seemed likely to be a reef on which Republican unity would be
+shattered. Both the United States and Georgia laid claim to the great
+Western tract which is now occupied by the States of Mississippi and
+Alabama. But Georgia with a stronger _prima facie_ case evinced little
+regard for the claims of the Federal Government. In 1795, while a mania
+for land speculation was sweeping over the country, the legislature
+yielded to corrupt influences and sold some thirty-five million acres in
+the disputed territory for the sum of $500,000 to four land companies.
+In the following year, the people of Georgia rose in their wrath, turned
+out the corrupt legislators, and forced the passage of a rescinding act.
+Meantime, sales had been made by the Yazoo speculators to guileless
+purchasers, who now appealed to Congress for relief. In 1798, Congress
+enacted a law providing for commissioners who should confer with Georgia
+regarding these conflicting claims. At the same time the Territory of
+Mississippi was organized.
+
+Such was the status of the Yazoo land claims when Jefferson became
+President. It fell to him to appoint the federal commissioners. They
+wrestled manfully with the perplexing details of the controversy, and in
+1802 reported what they believed to be a fair settlement of the claims
+of all parties. Georgia was to cede her Western lands to the United
+States in return for a payment of $1,250,000 and an agreement on the
+part of the Federal Government to extinguish all Indian titles within
+her limits as soon as might be. In the course of time this Western
+territory was to be admitted as a State. Five million acres were to be
+set aside to satisfy the claims of those who had suffered loss by the
+rescinding act of Georgia.
+
+The morbid imagination of John Randolph could see nothing but jobbery in
+this proposal to satisfy claims which had been fraudulently obtained
+from the Legislature of Georgia. There can be little doubt that
+Randolph's hatred for Madison, who was a member of the federal
+commission, influenced his subsequent action. On two occasions, in 1804
+and again in 1805, he assailed the proposed compromise, and twice he
+secured a postponement, though he could not defeat the bill which
+embodied the conclusions of the commission. From this time on Randolph
+was never more than an uncertain ally of the Administration. The few
+politicians who still followed his lead were styled rather
+contemptuously "Quids." Even Republicans with slender classical training
+grasped the significance of a _tertium quid_. Yet Randolph was still a
+power in the House.
+
+The Yazoo affair dragged on for years. In 1810, a decision of the
+Supreme Court gave aid and comfort to the opposition. In the case of
+_Fletcher_ v. _Peck_, the court held that the original Act of 1795,
+conveying the Yazoo grants, was a contract within the meaning of the
+Constitution which might not be impaired by subsequent legislation. It
+was not until 1814 that Congress voted $8,000,000 to the claimants under
+this act and so settled one of the most obstinate controversies in the
+history of Congress.
+
+In the fall of 1805, Jefferson seemed about to realize what had been the
+object of his diplomatic endeavors ever since the acquisition of
+Louisiana. Intimations came from Talleyrand that the Floridas might be
+obtained by purchase if the United States would prevail upon Spain to
+refer the whole dispute to Napoleon. On December 3, 1805, he sent a
+message to Congress which seemed to break completely with all
+Jeffersonian precedents. It recounted the failure of negotiations with
+Spain, and spoke sternly of the depredations committed in the new
+Territories by Spanish officers and soldiers. The Administration had
+found it necessary to order the troops on the frontier to be in
+readiness to repel future aggressions. Some of the injuries committed
+admitted of a peaceable remedy. Some of them were "of a nature to be met
+by force only, and all of them may lead to it." Coupled with these
+admonitions were suggestions for the fortification of seaports, the
+building of war-vessels, and the organization of the militia.
+
+Coming from the pen of one who had written that peace was his passion
+and who had hitherto avoided war with Quaker-like submission, this
+message caused bewilderment on all sides. The West, however, took the
+President literally and looked forward with enthusiasm to a war which
+was bound to end in the overthrow of Spanish dominion in the Southwest.
+Three days later a secret message was delivered to the House of
+Representatives announcing that Spain was disposed to effect a
+settlement "so comprehensive as to remove as far as possible the grounds
+of future collision and controversy on the eastern as well as the
+western side of the Mississippi." Only a show of force was needed "to
+advance the object of peace."
+
+Randolph for one was thoroughly disgusted by "this double set of
+opinions and principles"; and his ill-temper gave vent to biting
+invective when he learned, that as chairman of the Committee of Ways and
+Means he was expected to propose an appropriation of $2,000,000 for the
+purchase of Florida. He refused flatly to assume the responsibility "of
+delivering the public purse to the first cut-throat that demanded it,"
+for Madison had said in private conversation that the money was destined
+for Napoleon. The opposition of Randolph caused weeks of delay. It was
+not until March 13 that Madison could authorize Armstrong, minister to
+France, to offer $5,000,000 for Florida and Texas. It was then too
+late. Either Armstrong had been misled or Napoleon had changed his mind:
+in either case, the favorable moment had passed. The purchase of Florida
+was indefinitely deferred.
+
+During these months, when relations with Spain were strained to the
+breaking point, Aaron Burr was weaving the strands of one of the most
+intricate and baffling intrigues in American history. Shortly after
+relinquishing the office of Vice-President, Burr undertook an extensive
+tour through the West. In the course of his voyage down the Ohio he
+landed on Blennerhassett's Island, which an eccentric Irish gentleman of
+that name had transformed into an estate. At Cincinnati he was the guest
+of Senator John Smith; and there he met also Jonathan Dayton, who had
+just finished his term as Senator from New Jersey. Both of these
+individuals played an uncertain part in Burr's plans. At Nashville he
+visited General Andrew Jackson; at Fort Massac he spent four days in
+close conference with General James Wilkinson, who was in command of the
+Western army--one of the most precious rascals in the annals of the
+country; and at New Orleans he put himself in touch with the Mexican
+Association, which had been formed by ardent individuals who looked
+forward to war with Spain and the liberation of Mexico.
+
+To men like Andrew Jackson and Daniel Clark, of New Orleans, whose
+loyalty is beyond question, Burr announced his purpose to devote his
+life to the overthrow of the Spanish power in America. It was a mission
+which commended itself to the Spanish-hating people of the Mississippi
+Valley. Western newspapers announced that he meditated some
+extraordinary enterprise; and one editor hinted that he was plotting a
+revolution which would end in the formation of a separate government for
+the region bordering on the Ohio and the Mississippi.
+
+Returning to the East, Burr left no stone unturned in his efforts to
+find funds to finance this mysterious enterprise. He was in conference
+with Merry, the British minister, and with Yrujo, the Spanish minister;
+and each received a different impression as to the scope of his plans.
+At one time Burr talked madly of seizing the government at Washington.
+The kaleidoscopic changes of his plans baffle consistent explanation.
+One thing only is clear: he needed funds. These he obtained in part from
+his son-in-law, Joseph Alston, a wealthy planter in South Carolina, and
+in part from the credulous Blennerhassett, who was persuaded to purchase
+a million acres on the Washita River in northern Louisiana. Thither the
+expedition which started out from Blennerhassett's Island was ostensibly
+directed. How far Burr's plans went beyond the occupation of this tract
+is a matter of conjecture. One of Blennerhassett's servants may
+inadvertently have told the truth when he said that they were "going to
+take Mexico, one of the finest and richest places in the whole world."
+
+If Burr seriously contemplated a filibustering expedition against
+Mexico, he was favored by circumstances. Spanish troops had taken up a
+position east of the Sabine River, on what was American soil; and only
+an overt act was needed to precipitate war. Every frontiersman was
+preparing for a tussle with the hated Spaniard. In the event of war Burr
+knew well enough that an expedition against Mexico would be countenanced
+by the government at Washington. Whether or no war with Spain would
+occur depended upon the cooperation of General Wilkinson, for he had
+been charged by the Secretary of War to take command of the troops at
+New Orleans with as little delay as possible and "to repel any invasion
+of the territory of the United States east of the river Sabine, or north
+and west of the bounds of what has been called West Florida."
+
+The delay of Wilkinson in following these orders of May 6, 1806, has
+been explained on the supposition that he was awaiting the development
+of Burr's plans. Be that as it may, his hesitation was fatal to the
+conspirators. On September 27, the Spanish troops retired beyond the
+Sabine, thus removing an excellent pretext for war. From this time on
+Wilkinson's hand is against Burr. His conduct is enveloped in an
+atmosphere of intrigue. At one moment he is sending alarmist dispatches
+to the President, warning him against a mysterious expedition which was
+being prepared--by what authority he professed not to know--against the
+Spanish province of Mexico; at the next moment he is intriguing with the
+Spanish authorities, warning them against Burr and assuring them of his
+protection. This valuable information Wilkinson thought was worth about
+$111,000; but his aid-de-camp seems to have returned empty-handed from
+the City of Mexico. His further exploits in New Orleans, which he kept
+in a state of perpetual alarm and finally put under martial law, read
+like a chapter from a melodrama.
+
+It was not until October, 1806, that President Jefferson expressed any
+serious concern about Burr's intrigues. Even then he concluded to send
+only a confidential agent to watch the conspirator and to arrest him if
+necessary. In November, dispatches from Wilkinson convinced the
+President of the need of more summary action. On November 27, he issued
+a proclamation, stating that sundry persons were confederating and
+conspiring together to begin a military expedition or enterprise against
+the dominions of Spain. Honest and well-meaning citizens were being
+seduced under various pretenses to engage in the criminal enterprises of
+these men. All faithful citizens and the civil and military authorities
+were therefore enjoined to be vigilant in preventing the expedition and
+in bringing the conspirators to punishment.
+
+The President's proclamation wrought a transformation in the temper of
+the West. People reasoned that the danger must be greater than any one
+had suspected. The newspapers began to print wild stories. The
+Legislature of Ohio authorized the governor to take proper measures to
+prevent acts hostile to the United States. The governor promptly seized
+the bateaux which were being constructed at Marietta and called out the
+militia to overpower Blennerhassett and his followers. On the Virginia
+side of the river, the militia were in readiness for a descent upon the
+island. On the night of December 10, Blennerhassett and a handful of men
+left the island in such boats as they could find. Wild rumors followed
+the expedition as it floated peacefully down the Ohio. The _Western Spy_
+told its readers that Blennerhassett had passed Cincinnati in keel boats
+loaded with military stores; that more were to follow; and that twenty
+thousand men had been enlisted in an expedition against Mexico.
+
+Meantime, Burr had met with embarrassing delays. The promised recruits
+had not come in, since war had not been declared. Only two of the five
+boats which Jackson had agreed to build were ready. Nevertheless, Burr
+left Nashville on December 23, as he had planned, and on the next day
+joined Blennerhassett at the mouth of the Cumberland. The combined
+strength of this flotilla which was causing such public consternation
+was nine bateaux, carrying less than sixty men.
+
+The voyage of the expedition down the Ohio and the Mississippi was
+without incident until January 10, when the expedition put into Bayou
+Pierre, in the Mississippi Territory. There Burr was put under arrest
+and brought before a grand jury. Luck again favored him. As in Kentucky,
+so here the jurors failed to find any ground for indictment.
+Nevertheless, the judge bound Burr over to appear from day to day.
+Holding this proceeding unauthorized by law, Burr forfeited his bond and
+made his escape; but near Fort Stoddert, he was again apprehended. On
+March 5, 1807, he was sent with a guard of six men from Fort Stoddert to
+Richmond, Virginia.
+
+The commitment, indictment, and trial of Aaron Burr form a fittingly
+inconclusive sequel to a strange tale of intrigue and misadventure. Not
+merely the fate of the accused man, but the personalities involved, gave
+a spectacular character to the legal proceedings at Richmond. Arrayed as
+counsel on the side of Burr were three notable attorneys from Virginia,
+and Luther Martin of Maryland. The foreman of the grand jury was John
+Randolph. The chief witness for the prosecution was General Wilkinson.
+The presiding judge was Chief Justice John Marshall, within whose
+circuit Blennerhassett's Island lay. And behind the prosecution,
+straining every nerve to secure the conviction of the conspirators, was
+President Thomas Jefferson.
+
+From first to last the Chief Justice made the task of the prosecution
+exceedingly difficult by a rigorous definition of treason. Treason
+involved an overt act, he insisted; the actual levying of war by an
+assembling of armed men. To convict of treason, the testimony of two
+witnesses was required by the Constitution. Now, Burr was hundreds of
+miles away from Blennerhassett's Island when the alleged overt act of
+treason was committed. The court would not admit any testimony relative
+to the conduct and declarations of Burr elsewhere and subsequent to the
+transactions on Blennerhassett's Island. Such testimony was in its
+nature merely corroborative, the Chief Justice ruled, and inadequate to
+prove the overt act in itself, and therefore irrelevant until the overt
+act was proved by the testimony of two witnesses. On September 1, the
+prosecution abandoned the case, and the jury returned a verdict of not
+guilty. The Government now sought to secure the conviction of Burr on
+the charge of misdemeanor; but less than a week was needed to reveal the
+weakness of the testimony put forward by the prosecution. On September
+15, Burr was again acquitted.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     The New England conspiracy, the Yazoo controversy, and the
+     intrigues of Burr, are admirably recounted by Henry Adams. His
+     account may be corrected at various points, however, by consulting
+     W. F. McCaleb, _The Aaron Burr Conspiracy_ (1903). A brief account
+     of the intrigues and plots of this time may be found in Channing,
+     _The Jeffersonian System, 1801-1811_ (1906). The intrigues of the
+     Federalists in New England have been described recently with new
+     information by S. E. Morison, _Life and Letters of Harrison Gray
+     Otis_ (2 vols., 1913). Other biographies of importance are H. C.
+     Lodge, _Life and Letters of George Cabot_ (1877); James Parton,
+     _Life and Times of Aaron Burr_ (1858); J. S. Bassett, _Life of
+     Andrew Jackson_ (2 vols., 1911). The trial of Burr is described in
+     popular fashion by F. T. Hill, _Decisive Battles of the Law_
+     (1907). The origin and subsequent history of the Yazoo affair may
+     be traced in C. H. Haskins, "The Yazoo Land Companies" (in the
+     _American Historical Association Papers_, 1891).
+
+
+
+
+CHAPTER X
+
+PEACEABLE COERCION
+
+
+The so-called Peace of Amiens in 1801 proved to be only an interlude in
+the wars of France with Europe. Within two years hostilities were
+renewed which closed only with the battle of Waterloo. In the course of
+this prolonged conflict Napoleon won and lost for France the ascendency
+in central and western Europe, but Great Britain remained throughout
+mistress of the seas. The commerce of France and of Holland and Spain,
+which had become virtually her dependencies, was almost driven from the
+seas. For their foodstuffs and colonial supplies, more than ever in
+demand as war devastated the fields of Europe, these nations had to look
+to vessels flying neutral flags. The export trade of the United States,
+which had fallen from $94,000,000 in the year 1801 to $55,800,000 in
+1803, rapidly recovered until in 1805 it passed the high-water mark of
+the earlier year. More than half of this trade was in products of the
+tropics, for while the direct trade between the West India colonies and
+Europe was forbidden by the so-called "Rule of 1756," American shippers
+carried on a lucrative traffic which was virtually direct. Products
+brought from the West Indies to American ports were promptly reshipped
+as part of American stock to European ports; and the British courts had
+held that this importation had broken the voyage. When once import
+duties had been paid in an American port, the courts refused to inquire
+what thereafter became of the cargo and whether in fact rebates were
+given on exportation.
+
+In midsummer of 1805 occurred a reversal of British policy. In the case
+of the Essex, which had made the voyage from Charleston to London with
+colonial produce from Martinique, a British admiralty court ruled for
+the first time that the payment of import duties was not sufficient
+proof of _bona fide_ importation, because of the practice in the United
+States of repaying duties on exportation. Other seizures followed that
+of the Essex, to the consternation of American shippers. Insurance rates
+on cargoes were doubled and doubled again within a year. Early in 1806,
+Monroe, then Minister to England, wrote in protest to the British
+Ministry that "about one hundred and twenty vessels had been seized,
+several condemned, all taken from their course, detained, and otherwise
+subjected to heavy losses and damages." But Monroe could not obtain any
+concession of principle or promise of indemnity.
+
+The policy which the Secretary of State was known to favor was that of
+coercing England through restrictions upon trade. The implications of
+this policy were suggested by his often-quoted remark touching upon the
+dependence of British manufacturers: "There are three hundred thousand
+souls who live by our custom: let them be driven to poverty and despair,
+and what will be the consequences?" He lost no opportunity to urge upon
+his party associates the need of passing retaliatory legislation
+against Great Britain. It was well known, of course, that the President
+would support any fair application of his theory of peaceable coercion.
+
+At first there was a general disposition to try the effect of an
+embargo; but more prudent counsels prevailed when the news of Trafalgar
+reached America. Congress finally adopted, in April, 1806, a
+non-importation bill, which was to become effective eight months later.
+There was some point to Randolph's criticism when he declared it to be
+"a milk-and-water Bill. A dose of chicken broth to be taken nine months
+hence"; for the act prohibited only the importation of such English
+goods as could be manufactured in the United States or procured
+elsewhere. Such a measure was not likely to make the manufacturers of
+England quail. In the mean time, the Administration was to accomplish
+what it might by direct negotiation with the British Ministry, using
+this Nicholson Act as a covert threat. Much against his will, Jefferson
+had to nominate another envoy to act with Monroe. His choice fell upon
+William Pinkney, of Maryland. The friends of Madison were not unwilling
+to humiliate Monroe, whose presidential aspirations might interfere with
+Madison's succession, for Jefferson had let it be known as early as the
+summer of 1805 that he did not seek a reelection.
+
+A few days after Congress adjourned occurred the Leander episode. This
+frigate was one of several British war vessels whose presence in
+American waters was a constant menace to merchantmen and an insult to
+the National Government. From time to time they appeared off Sandy Hook,
+lying in wait for American vessels which were suspected of carrying
+British seamen who had fled from the hard conditions of service on ships
+of war. An American merchantman was likely at any time to be stopped by
+a shot across her bow and to be subjected to the humiliation of a visit
+from a search crew. On April 25, 1806, the Leander, in rounding up a
+merchantman, fired a shot which killed the helmsman of a passing
+coasting sloop. The incident or accident threatened to assume the
+proportions of a _casus belli_.
+
+The practice of impressment was an old grievance which seemed to
+Americans devoid of any justification. From the British point of view
+there was much to be said in extenuation of the practice. It should not
+be forgotten that Great Britain was locked in a life-and-death struggle
+with a mighty antagonist, and that she had need of every able seaman.
+Owing to the rigorous life on board of men-of-war, every ship's crew was
+likely to be depleted by desertions whenever she touched at an American
+port. Jack Tar found life much more agreeable on an American
+merchantman; and he rarely failed to procure the needful naturalization
+papers or certificates which would give him a claim to American
+citizenship. The right of expatriation was not at this time conceded by
+the British Government. Once an Englishman, always an Englishman.
+Surely, then, British commanders might claim their own seamen on the
+high seas. Officially, at least, they never claimed the right to impress
+American seamen. Yet where differences of speech were so slight, the
+provocation so strong, and the needs of the navy so great, search crews
+were not always careful to distinguish between Britishers and Yankees.
+
+The United States never admitted the justice of these claims. To concede
+the right of search on the high seas was to admit a vast extension of
+British jurisdiction. As early as 1792, Jefferson had stated the
+principle for which the United States had consistently contended: "The
+simplest rule will be that the vessel being American shall be evidence
+that the seamen on board of her are such." The principle was never
+accepted by any British ministry. The practice of impressment continued
+to harass each succeeding administration. In 1806, a crisis seemed at
+hand. Madison reported to the House of Representatives the names of nine
+hundred and thirteen persons who appeared to have been impressed from
+American vessels. How many of these were British deserters under
+American names, it is impossible to say. The number reported by Madison
+is at least an index to the sense of injury which the nation felt.
+
+When President Jefferson sent Pinkney to join Monroe in securing a
+comprehensive treaty with Great Britain, which should restore West India
+trade to its old condition and provide indemnity for the American
+vessels condemned in the admiralty courts, he set down, as a _sine qua
+non_ in his instructions, the renunciation by the British Government of
+the practice of impressment. It was an ultimatum which expressed a truly
+national feeling; but with the consciousness of power which the
+domination of the high seas gave, the British commissioners treated
+this ultimatum, somewhat contemptuously, as an impossible and
+unwarranted demand. The American mission should have ended then and
+there; but on obtaining assurances that greater care would be exercised
+in impressing seamen, Monroe and Pinkney determined to disregard their
+instructions. Negotiations were continued and culminated in a treaty,
+December 1, 1806, which ran counter to the injunctions of the President
+in every particular. He refused to submit the document to the Senate.
+Nevertheless, he permitted Madison to draft new instructions for the
+commissioners, in the hope that the treaty could be made a basis for
+further negotiations. While these new instructions were crossing the
+ocean, a disaster occurred which brought the United States and Great
+Britain to the verge of war.
+
+In the early months of 1807, some French frigates had run up Chesapeake
+Bay to escape a British squadron. Relying on what Jefferson pleasantly
+termed the hospitality of the United States, these British men-of-war
+dropped anchor in Lynnhaven Bay, near Cape Henry, where they could watch
+the passage through the capes. From one of these British vessels a boat
+crew of common seamen made their escape to Norfolk. Just at this time
+the new frigate Chesapeake, which had been partially fitted out at the
+navy yard at Washington for service in the Mediterranean, dropped down
+to Hampton Roads to receive her complement of guns and provisions for a
+three years' cruise.
+
+[Map: Tonnage of the United States 1807]
+
+On June 22, the Chesapeake passed out through the capes, preceded by the
+Leopard, a British frigate of fifty guns. When they were well out on
+the high seas, the Leopard drew alongside the Chesapeake and signaled
+that she had a message for Commodore Barron. This message proved to be
+an order from Admiral Berkeley at Halifax, instructing commanders of
+British vessels who fell in with the Chesapeake to search her for
+deserters. The American commander denied that he had deserters on board
+and refused to allow the search. Almost immediately the Leopard
+approached with her gundecks cleared for action. Unaware of his danger
+Commodore Barron had not called his crew to quarters. The Leopard opened
+fire and poured three broadsides into the helpless American vessel,
+killing three men and wounding eighteen others. After fifteen minutes
+Barron hauled down his flag to spare his crew from needless sacrifice,
+and suffered the British commander to search the dismantled Chesapeake.
+Four alleged deserters were found and taken away, three of whom
+subsequently were proved to be American citizens. The Leopard then
+returned to the squadron off Cape Henry, while the Chesapeake limped
+back to Hampton Roads.
+
+Had the President chosen to go to war at this moment, he would have had
+a united people behind him. But Thomas Jefferson was not a martial
+character. His proclamation ordering all armed British vessels out of
+American waters and suspending intercourse with them if they remained,
+was so moderate in tone as to seem almost pusillanimous. John Randolph
+called it an apology. Instead of demanding unconditional reparation for
+this outrage, Madison instructed Monroe to insist upon an entire
+abolition of impressments as "an indispensable part of the
+satisfaction." The astute Canning, who had become Foreign Secretary in
+the new Portland Ministry, took advantage of this confusion of issues to
+evade the demand for reparation until popular passion in the United
+States had subsided. It was not until November that Canning took active
+measures. He then sent a special commissioner to the United States in
+the person of George Rose.
+
+The instructions which Rose carried with him to Washington, in January,
+1808, were anything but conciliatory. As a preliminary to any
+negotiations, he was to demand the recall of the President's
+proclamation of July 2, and an explicit disavowal of Commodore Barron's
+conduct in encouraging desertion from His Majesty's navy. The United
+States was also to give assurances that it would prevent the recurrence
+of such causes as had provoked the display of force by Admiral Berkeley.
+That the Administration should have continued negotiations after the
+full purport of these instructions was disclosed, seems incredible; but
+it was not until the middle of February that Madison awoke to the fact
+that the United States was being invited to "make as it were an
+expiatory sacrifice to obtain redress." Yet another month passed before
+Rose was given to understand that his mission was futile. By this time
+public attention was engrossed in the contest for neutral rights.
+
+Before the close of the year 1806, Napoleon was master of central Europe
+and in a position to deal his premeditated blow at the commercial
+ascendency of England. A fortnight after the terrible overthrow of
+Prussia at Jena, he made a triumphal entry into Berlin. From this city
+he issued, on November 21, the famous decree which was his answer to the
+British blockade of the continent. Since the British had determined to
+ruin neutral commerce by an illegal blockade, so the preamble read,
+"whoever deals on the continent in English merchandise favors that
+design and becomes an accomplice." All English goods henceforth were to
+be lawful prize in any territory held by the troops of France or her
+allies. The British Isles were declared to be in a state of blockade.
+Every American or other neutral vessel going to or coming from the
+British Isles, therefore, was subject to capture.
+
+The British Ministry took up the gauntlet. An order in council of
+January 7, 1807, forbade neutral trade between ports under the control
+of France or her allies; a second order, November 11, closed to neutrals
+those European ports under French control "as if the same were actually
+blockaded," but permitted vessels which first entered a British port and
+paid port duties to sail to any continental port. Only one more blow
+seemed needed to complete the ruin of American commerce. It fell a month
+later, December 17, 1807, when Napoleon issued his Milan Decree.
+Henceforth any vessel which submitted to be searched by an English
+cruiser or which paid any tonnage duty to the British Government or
+which set sail for any British port was subject to capture and
+condemnation as lawful prize. Such was to be the maritime code "until
+England returned to the principles of international law which are also
+those of justice and honor."
+
+American commerce was now, indeed, between the hammer and the anvil. The
+Nicholson Non-Importation Act, which had been twice suspended and which
+had only just gone into effect (December 14), seemed wholly inadequate
+to meet this situation. It had been designed as a coercive measure, to
+be sure, but no one knew precisely to what extent it would affect
+English trade. The time had come for the blow which Jefferson and his
+advisers had held in reserve. On December 18, the President sent to
+Congress a message recommending "an immediate inhibition of the
+departure of our vessels from the ports of the United States." The
+Senate responded by passing a bill (which Jefferson probably drafted)
+through its three stages in a single day; the House passed the measure
+after only two days of debate; and on December 22, the Embargo Act
+received the President's signature.
+
+The temper of those who supported the embargo was reflected by Senator
+Adams, of Massachusetts, who was reported to have said: "The President
+has recommended the measure on his high responsibility. I would not
+consider, I would not deliberate; I would act." Yet there were members
+of Congress who were not prepared to accept the high authority of the
+President. The vote in the House of Representatives indicates that
+opinion was divided in Adams's own State. Boston with its environs and
+the interior counties were opposed to the embargo. New York was also
+divided, though here the commercial areas favored the measure. Maryland
+showed a like division of opinion. Connecticut was a unit in opposing
+the President's policy.
+
+What was the measure which was accepted almost without discussion on
+"the high responsibility" of the President? So far as it was defended at
+all, it was presented as a measure for the protection of American ships,
+merchandise, and seamen. It forbade the departure of all ships and
+vessels in the ports of the United States for any foreign port, except
+vessels under the immediate direction of the President. Foreign armed
+vessels were exempted as a matter of course from the operation of this
+act; so also were all vessels in ballast or already loaded with goods at
+the time when the act was passed. Coasting vessels were to give bonds
+double the value of vessel and cargo to re-land their goods, wares, or
+merchandise in some port of the United States.
+
+American shippers were so little appreciative of the protection offered
+by a benevolent Government that they evaded the embargo from the very
+first. Foreign trade was lucrative in just the proportion that it was
+hazardous. If some skippers obeyed, the profits were so much the greater
+for the less conscientious. Under guise of engaging in the coasting
+trade, many a ship's captain with the connivance of the owner landed his
+cargo in a foreign port. A brisk traffic also sprang up by land across
+the Canadian border.
+
+[Map: House Vote on the Embargo December 21, 1807]
+
+All pretense that the embargo was designed to protect American commerce
+had now to be abandoned. Jefferson did not attempt to disguise his
+purpose to use the embargo as a great coercive weapon against France and
+Great Britain. Congress passed supplementary acts and suffered the
+President to exercise a vast discretionary power which was strangely at
+variance with Republican traditions. "When you are doubtful," wrote the
+President with reference to coasting vessels, "consider me as voting for
+detention." "We find it necessary," he informed the governors of the
+States, "to consider every vessel as suspicious which has on board any
+article of domestic produce in demand at foreign markets." Governors of
+those States which consumed more wheat than they produced were to issue
+certificates to collectors of ports stating the amount desired. The
+collectors in turn were to authorize merchants in whom they had
+confidence to import the needed supplies. Nor did the President hesitate
+to put whole communities under the ban when individual shipowners were
+suspected of engaging in illicit trade. He so far forgot his horror of a
+standing army that he asked Congress for an addition to the regular army
+of six thousand men. Congress had already made an appropriation of
+$850,000 to build gunboats. It now appropriated a million and a quarter
+for fortifications and for the equipment of the militia.
+
+Through the long summer of 1808, President Jefferson waited anxiously
+for the effects of coercion to appear. The reports from abroad were not
+encouraging. The effects of the embargo upon English economy are even
+now a matter of conjecture. In the opinion of Mr. Henry Adams, the
+embargo only fattened the shipowners and squires who devised the orders
+in council, and lowered the wages and moral standard of the laboring
+classes by cutting off temporarily the importation of foodstuffs and the
+raw material for British manufacturers. When Pinkney approached Canning
+with the proposal that England should revoke her orders upon the
+withdrawal of the embargo, he was told, with biting sarcasm, that "if it
+were possible to make any sacrifice for the repeal of the embargo
+without appearing to deprecate it as a measure of hostility, he [His
+Majesty] would gladly have facilitated its removal as a measure of
+inconvenient restriction upon the American people." The blow aimed at
+Great Britain had missed its mark.
+
+From the first Napoleon had welcomed the embargo as a measure likely to
+contribute to the success of his continental system. On April 17, 1808,
+he issued a decree from Bayonne ordering the seizure of all American
+vessels in French ports. It was argued ingeniously that since they were
+abroad in violation of the embargo, they were not _bona fide_ American
+vessels, but presumptively British, and therefore subject to capture. To
+accept the aid of the French Emperor in enforcing a policy which was
+intended to coerce his action, was humiliating to the last degree.
+Armstrong wrote to Madison that in his opinion the coercive force of the
+embargo had been overrated. "Here it is not felt, and in England ... it
+is forgotten."
+
+The importance of the embargo, Jefferson never tired of repeating, was
+not to be measured in money. If the brutalities of war and the
+corruption incident to war could be avoided by this alternative, the
+experiment was well worth trying. Yet Jefferson himself was startled by
+the deliberate and systematic evasions of the law. "I did not expect,"
+he confessed, "a crop of so sudden and rank growth of fraud and open
+opposition by force could have grown up in the United States." Moreover,
+the cost of the embargo was very great. The value of exports fell from
+$108,000,000 in 1807 to $22,000,000 in the following year. The national
+revenue from import duties was cut down by one half.
+
+The embargo bore down with crushing weight upon New England, where
+nearly one third of the ships engaged in the carrying trade were owned.
+The shipbuilding industry languished, as well as all the industries
+subsidiary to commerce. Even the farmers suffered as the embargo
+continued. A temporary loss of their market could have been borne with
+some degree of equanimity, but not an indefinite loss, for imported
+goods now began to rise in price, adding to the general distress.
+
+The economic distress of New England, however, cannot be measured by the
+volume of indignant protest. The Federalist machine never worked more
+effectively than when it directed this unrest and diverted it to
+partisan purposes. Thomas Jefferson's embargo was made to seem a
+vindictive assault upon New England. The Essex Junto, with Timothy
+Pickering as leader, spared no pains to convince the unthinking that
+Jefferson was the tool or the dupe of Napoleon, who was bent upon
+coercing the United States into war with Great Britain. The spring
+election of 1808 gave the measure of this reaction in Massachusetts. The
+Federalists regained control of both houses of the state legislature,
+and forced the resignation of Senator John Quincy Adams, who had broken
+with his party by voting for the embargo, and who had incurred the
+undying enmity of of the Essex Junto by defending the policy of the
+Administration.
+
+In the midst of what Jefferson called "the general factiousness,"
+following the embargo, occurred a presidential election. Jefferson was
+not a candidate for reelection. His fondest hope now was that he might
+be allowed to retire with honor to the bosom of his family. Upon whom
+would his mantle fall? Madison was his probable preference; and Madison
+had the doubtful advantage of a formal nomination by the regular
+congressional caucus of the party. But Monroe still considered his
+chances of election good; and Vice-President George Clinton also
+announced his candidacy. Both Monroe and Clinton represented those
+elements of opposition which harassed the closing months of the
+Administration. Contrary to expectation, the Federalists did not ally
+themselves with Clinton, but preferred to go down in defeat under their
+old leaders, Charles C. Pinckney and Rufus King. With the opposition
+thus divided, Madison scored an easy victory; but against him was the
+almost solid vote of a section. All the New England States but Vermont
+cast their electoral votes for the Federalist candidates.
+
+Before the end of the year the failure of the embargo was patent to
+every fair-minded observer. The alternatives, war or submission, were
+not pleasant to contemplate. From force of habit the party in power
+looked to Jefferson for leadership; but since Madison's election, he had
+assumed the role of "unmeddling listener," not wishing to commit his
+successor to any policy. The abdication of Jefferson thus left the party
+without a leader and without a program at a most critical moment.
+
+Under the circumstances it was easier to continue the embargo than to
+face the probability of war. Gallatin had already urged the need of more
+stringent laws for the enforcement of the embargo,--laws which he
+admitted were both odious and dangerous. On January 9, 1809, Congress
+passed the desired legislation. Thereafter coasting vessels were obliged
+to give bonds to six times the value of vessel and cargo before they
+were permitted to load. Collectors were authorized to refuse permission
+if in their opinion there was "an intention to violate the embargo."
+Only loss at sea released a shipowner from his bond. In suits at law
+neither capture nor any other accident could be pleaded. Collectors at
+the ports and on the frontiers were authorized to seize goods which were
+"apparently on their way toward the territory of a foreign nation." And
+for such seizures the collectors were not liable in courts of law. The
+army, the navy, and the militia were put at their disposal.
+
+The "Force Act" was the last straw for the Federalists of Massachusetts.
+Town after town adopted resolutions which ran through the whole gamut of
+partisan abuse. The General Court of Massachusetts resolved that it
+would cooperate with other States in procuring such amendments to the
+Constitution as were necessary to obtain protection for commerce and to
+give to the commercial States "their fair and just consideration in the
+government of the Union." Governor Trumbull, of Connecticut, flatly
+declined to allow the militia to assist the collectors in the
+enforcement of the embargo, holding that the act to enforce the embargo
+was unconstitutional, "interfering with the state sovereignties, and
+subversive of the guaranteed rights, privileges, and immunities of the
+citizens of the United States." The legislature rallied to the support
+of the governor with resolutions which breathe much the same spirit as
+the Virginia and Kentucky Resolutions of 1798.
+
+The incessant bombardment by the New England towns was too much for
+Jefferson's equanimity. "I felt the foundation of the government shaken
+under my feet by the New England townships," he said in after years. His
+control over his own party was gone. Northern Republicans combined with
+Federalists to force the repeal of the embargo through Congress; and on
+March 1, 1809, with much bitterness of spirit, Jefferson signed the bill
+that terminated his great experiment. Instead of interdicting commerce
+altogether, Congress suspended intercourse with France and Great Britain
+after March 15 and until one or the other of the offenders repealed its
+obnoxious orders. Meantime, American vessels were free to pick up what
+trade they could with other nations.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     The historical writings of Henry Adams are indispensable aids to
+     an understanding of the foreign policy of Jefferson. On the effect
+     of the embargo, Channing, _The Jeffersonian System_, takes sharp
+     issue with Adams. There is a mass of valuable data on social
+     history in the third volume of McMaster, _History of the People of
+     the United States_. E. L. Bogart, _Economic History of the United
+     States_ (1913); Katherine Coman, _Industrial History of the United
+     States_ (1913); and C. D. Wright, _Industrial Evolution of the
+     United States_ (1907), are manuals containing much valuable
+     matter. The brief introductions to the chapters in G. S.
+     Callender, _Selections from the Economic History of the United
+     Slates_ (1909), are always illuminating. The foreign policy of
+     Jefferson and Madison is extensively reviewed in A. T. Mahan, _Sea
+     Power in its Relations to the War of 1812_ (2 vols., 1905).
+
+
+
+
+CHAPTER XI
+
+THE APPROACH OF WAR
+
+
+The Administration of James Madison began with what seemed like a
+diplomatic triumph. Negotiations with the new British minister, Erskine,
+led to a complete agreement on all the points in dispute. Full
+reparation was to be made for the Chesapeake affair. The offensive
+orders in council of 1807 were to be withdrawn on a fixed date.
+Thereupon, with undisguised satisfaction, the President issued a
+proclamation, April 21, 1809, renewing commercial intercourse with Great
+Britain. General rejoicing followed. Ships which had been tied up to
+wharves for eighteen months put to sea with crowded holds. Those
+Republicans who had stanchly upheld the Jeffersonian policy of peaceable
+coercion boldly claimed for the embargo the credit of having brought
+about this happy consummation. Some misgivings were excited, to be sure,
+by the report of a new order in council which substituted a blockade of
+Holland, France, and Italy for the order of November, 1807; yet weeks of
+smug satisfaction were enjoyed by the Administration before it was
+bewildered by the tidings that Canning had recalled Erskine and
+repudiated all his acts. Madison had to submit to "the mortifying
+necessity" of issuing another proclamation reviving the Non-Intercourse
+Act against Great Britain.
+
+Erskine was replaced by Francis James Jackson, a typical representative
+of the governing class,--intolerant, overbearing, and contemptuous. He
+had been chosen in 1807 for the brutal destruction of the Danish fleet
+at Copenhagen. Pinkney described him as "completely attached to all
+those British principles and doctrines which sometimes give us trouble."
+Madison was speedily convinced that conciliation was not the keynote of
+this man's mission. After the first exchange of notes, he took the pen
+out of the hand of Robert Smith, his incompetent Secretary of State, in
+order to deal more effectually with the adversary. When Jackson
+intimated that Erskine had been disavowed for disobedience to
+instructions and that the Administration was somehow responsible for
+this misconduct, Madison warned him sharply that "such insinuations are
+inadmissible in the intercourse of a foreign minister with a government
+that understands what it owes itself"; and a few days later, after an
+exhibition of domineering temper on the part of Jackson, Madison
+informed him that no further communications would be received. Months
+passed, however, before Jackson was recalled; and in the mean time he
+made a tour through the Eastern States where he was warmly welcomed by
+the Federalists. No better evidence was needed to convince the
+Administration of the unpatriotic and pro-British attitude of Federalist
+New England.
+
+The Non-Intercourse Act had brought some measure of relief to New
+England shipping. Trade with parts of the European continent could now
+be carried on by those who wished to incur the hazard. A greater volume
+of trade was probably carried on illicitly with England. Amelia Island,
+just across the Florida line, and Halifax, in Nova Scotia, became
+intermediate ports to which American goods went for reshipment to Europe
+and to which British merchandise was shipped for distribution in the
+United States. Notwithstanding these well-known evasions of the law,
+Congress would probably have been content to leave well enough alone but
+for the fact that the Non-Intercourse Act would expire by limitation in
+the spring of 1810. Some action was imperative. A bill was drawn by the
+Administration to meet the situation and introduced in the House by
+Macon; but it failed to command the support of the party and was dropped
+in favor of a second bill, commonly known as Macon's Bill No. 2, though
+he was not the author of it. This measure eventually became law, May 1,
+1810. "It marked the last stage toward the admitted failure of
+commercial restrictions as a substitute for war," writes Mr. Adams. By
+repealing the Non-Intercourse Act it left commerce free once more to
+seek the markets of the world. In case either Great Britain or France
+should revoke or modify its hostile policy, the President was authorized
+to revive the Non-Intercourse Act against the delinquent nation.
+
+After the Non-Intercourse Act of 1809, Napoleon had begun the
+"sequestration" of American vessels in European ports. Sequestration
+proved to be only a euphemistic expression for confiscation. On May 14,
+he issued from Rambouillet a decree which authorized the seizure and
+condemnation of all American ships in French ports. With an eye to the
+needs of his war chest, the Emperor calculated that by drawing in this
+net he would make a catch amounting to about six million dollars. As a
+matter of fact, this was a conservative estimate. The American consul at
+Paris reported the seizure of one hundred and thirty-four vessels
+between April, 1809, and April, 1810. The actual loss to American
+shipowners could not have been less than ten millions of dollars.
+
+The news of the passage of Macon's bill suggested another stroke to the
+wily conqueror of Europe. On August 5, he announced to the American
+Minister that the decrees of Berlin and Milan were revoked and would be
+inoperative after November 1, "it being understood that in consequence
+of this declaration the English are to revoke their orders in council
+and renounce the new principles of blockade," and that the United
+States, conforming to its act of May 1, 1810, would "cause their rights
+to be respected by the English."
+
+Accepting this letter at its face value, with a credulity which now
+seems incredible, President Madison proclaimed on November 2 that France
+had withdrawn its decrees, and that in consequence commercial
+intercourse with Great Britain would be suspended on and after February
+2, 1811. Madison's haste was due to a very natural desire to coerce
+Great Britain into a similar renunciation, but to his chagrin, the
+British Ministry refused to accept the mere notification of Napoleon as
+evidence of the repeal of the various decrees. Even the supporters of
+the Administration became uneasy as months passed without any formal
+edict of revocation. Might not the courts adjudge that the decrees had
+not been repealed _pro forma_? The Administration was greatly perturbed
+in December, too, by the news that two American vessels had been
+sequestered at Bordeaux. After much hesitation, Congress came to the
+support of the President and revived the Non-Intercourse Act against
+Great Britain, at the same time admitting the weakness of its position
+by the additional provision that the courts should not entertain the
+question whether the French decrees were or were not revoked. On the
+same day, February 28, 1811, Pinkney took formal leave of the Prince
+Regent under circumstances which presaged, if they did not imply, a
+rupture of diplomatic relations. Yet the British Ministry had so little
+comprehension of the temper of the American people that at this very
+moment Wellesley was drafting instructions for the new Minister, Mr.
+Augustus John Foster, which bade him yield not a jot or a tittle to the
+alleged rights of neutrals. He was, however, to make proper reparation
+for the Chesapeake affair.
+
+In these months of struggle for the rights of neutral commerce, the
+question of impressments had been relegated to second place in the minds
+of Americans. The blockade of New York by British frigates in the spring
+of 1811 suddenly revived the old controversy. For a year past an
+American squadron under the command of Commodore John Rodgers had
+patrolled the coast, under instructions to protect all merchantmen from
+molestation by armed foreign cruisers within the three-mile limit.
+
+The British frigate Guerriere had made itself particularly offensive by
+its search crews and arbitrary seizures of alleged deserters. On May 16,
+1811, Commodore Rodgers's flagship, the frigate President carrying
+forty-four guns, sighted a British sloop-of-war some fifty miles east of
+Cape Henry, which he believed to be the Guerriere, and wishing to make
+inquiries about a certain seaman who was reported to have been
+impressed, Rodgers sailed toward the stranger. The vessel acted in a
+manner which was thought suspicious, so the President gave chase. On
+coming within range about dusk, the American frigate was fired upon, so
+it was alleged in a subsequent court of inquiry. The President then
+opened its batteries and in less than fifteen minutes had overpowered
+the British corvette. To his surprise and disappointment, Rodgers then
+learned that his antagonist was not the Guerriere, but the Little Belt,
+a vessel far inferior to his own and carrying only twenty guns. When the
+new British Minister arrived in Washington, he found the Administration
+singularly indifferent to the historic Chesapeake affair. In the opinion
+of the American public, the President had avenged the Chesapeake.
+
+While Congress was vacillating between non-intercourse and partial
+non-intercourse, in the early months of 1810, with a strong inclination
+toward the path of least resistance, one voice was raised for war. Henry
+Clay was then filling out an unexpired term in the Senate upon
+appointment by the Governor of Kentucky. Born in Virginia, thirty-three
+years before, he had sought his fortune as a young lawyer in the new
+communities beyond the Alleghanies. Closely identified with the
+aggressive spirit of his section, he voiced a growing sense of
+humiliation that his country should be buffeted by every British
+ministry. The people of Kentucky and Tennessee had little patience with
+half measures in defense of national rights. The petty diplomacy of
+closet statesmen did not appeal to the soul of the frontiersman who was
+accustomed to hew his way to his goal. The people of this section,
+imperial in its dimensions, were prepared for large tasks done in a bold
+way. Their ideas of the Union transcended the policies of Eastern
+statesmen, whose eyes saw no farther than the tops of the Alleghanies
+and whose ears listened all too readily to the admonitions of European
+chancellors. Clay spoke heatedly of the "ignominious surrender of our
+rights"--heritage of the heroes of the Revolution. He would have
+Congress exhibit the vigor of their forbears. "The conquest of Canada is
+in your power," he cried. "I trust I shall not be deemed presumptuous
+when I state that I verily believe that the militia of Kentucky alone
+are competent to place Montreal and Upper Canada at your feet." This was
+a new and unfamiliar style of oratory in the Senate of the United
+States.
+
+At this moment, however, the United States seemed far more likely to
+acquire the Floridas than Canada. In the summer of 1810, Americans who
+had crossed the border and settled in and around the district of West
+Feliciana rose in revolt against the Spanish governor at Baton Rouge,
+and declared West Florida a free and independent state, appealing to the
+Supreme Ruler of the world for the rectitude of their intentions. What
+their intentions were appeared in a petition to the President for
+annexation to the United States. This was an opportune moment for the
+realization of the hopes which Madison had cherished ever since the
+acquisition of Louisiana. On October 27, 1810, he issued a proclamation,
+announcing that Governor Claiborne would take possession of West Florida
+to the river Perdido, in the name of the United States.
+
+Not satisfied with this achievement, President Madison called attention
+in a secret message to the condition of East Florida and asked Congress
+for authority to take temporary possession of any part or parts of the
+territory. With equal secrecy Congress gave the desired authorization,
+and the President immediately sent two commissioners with large
+discretionary powers to the St. Mary's River. In March, 1812, another
+"revolution" took place. The Spanish governor of East Florida was forced
+to surrender and to permit the occupation of Amelia Island in the name
+of the United States. The farce was too broad, however, even for the
+eager Administration. The President was obliged to disavow the acts of
+his agents. But Amelia Island was not evacuated until May, 1813, and
+West Florida was never released. After much deliberation Congress
+annexed part of the region to the new State of Louisiana and joined the
+rest to the Territory of Mississippi.
+
+In the Northwest also American pioneers were overrunning the bounds, not
+those fixed by international agreement, to be sure, but those marked by
+Indian treaties, which commanded even less respect. A society which
+believed that the only good Indian was a dead Indian was not likely to
+be over-nice in its appraisal of his property rights. The line of
+intercourse marked by the Treaty of Greenville in 1795 had receded
+somewhat as home-seekers had pushed their way up the rivers from the
+Ohio into the Indiana Territory; but the vast interior around the upper
+waters of the Wabash River was still closed to white men. Governor
+William Henry Harrison fully shared the irritation of the settlers that
+Indians should monopolize the best lands. He was therefore a willing
+agent of the President when in 1804 and 1805 he took advantage of the
+necessities of certain chieftains, whom he called "the most depraved
+wretches on earth," to despoil whole tribes of their lands, under the
+guise of treaties.
+
+Among the better class of Indians this policy aroused the bitterest
+resentment. The rise of Tecumseh, son of a Shawnee warrior, and of his
+brother the Prophet, dates from this time. It was the aim of these
+remarkable individuals to prevent the further alienation of Indian lands
+by limiting the authority of irresponsible local chiefs and conferring
+it upon a congress of warriors from all allied tribes. During the year
+1808, Tecumseh and the Prophet laid the foundation of a confederacy by
+establishing an Indian village on Tippecanoe Creek, one hundred and
+fifty miles above Vincennes.
+
+In the following year (1809), Governor Harrison anticipated the
+formation of this Indian confederation by beginning negotiations with
+the same irresponsible sachems for the cession of more lands. The
+treaty, which was readily concluded, carried despair to the heart of
+every follower of Tecumseh, for it conveyed to the National Government
+three millions of acres of the best lands in the Indian country,
+extending along both banks of the Wabash for a hundred miles. An
+alliance with the British seemed to be the only recourse of the Indians.
+Only a spark was needed to start a conflagration along the whole
+frontier.
+
+Although war was believed to be imminent by the people of Indiana, the
+winter and summer of 1811 passed without untoward events. Toward the end
+of October, Harrison began a forward movement into the Indian country.
+On the morning of November 7, his camp on the banks of the Tippecanoe
+was attacked. A sharp engagement followed, in which the army narrowly
+escaped disaster; but the troops rallied and finally succeeded in
+routing the Indians. In the abandoned village of the Prophet were found
+English arms--confirmatory evidence, it was said, of the part which the
+British in Canada had taken in the projects of Tecumseh and the Prophet.
+Occurring at a moment of tension between the United States and Great
+Britain, the battle of Tippecanoe may be regarded properly as "a
+premature outbreak of the great wars of 1812." An unforeseen consequence
+of this skirmish on the frontier was the rise of a new popular hero in
+the West.
+
+Nationally minded men indulged high hopes of the new Congress which
+convened at the capital in November, 1811. The presence of some seventy
+new members, many of whom belonged to a younger generation, warranted
+the expectation that the Twelfth Congress would exhibit greater vigor
+than its predecessor. In organizing, the House passed over Macon, who
+belonged to the old school of statesmen, and chose as Speaker Henry
+Clay, who had exchanged his seat in the Senate for this more stirring
+arena. Clay's conception of the Speakership was novel. He was determined
+to be something more than a mere presiding officer. As a leader of his
+party he proposed to use his powers of office to shape legislation. His
+heart was set upon an aggressive policy. War had no terrors for him. He
+therefore named his committees with the possibility of war in mind.
+
+There were many young men who shared Clay's impatience with the policy
+of peaceable coercion and its humiliating sequel. Grundy, of Tennessee,
+had been elected because he openly favored war. He admitted that he was
+"anxious not only to add the Floridas to the south, but the Canadas to
+the north of this Empire." John C. Calhoun, a new member from South
+Carolina, openly repudiated the restrictive system of the President as a
+mode of resistance suited neither to the genius of the people nor to the
+geographical character of the country. "We have had a peace like a war,"
+he cried; "in the name of Heaven let us not have the only thing that is
+worse--a war like a peace!" Clay left the chair frequently to stir the
+House by his glowing eloquence. Whatever else might be said about these
+young stalwarts, no one could doubt their ardent nationalism and
+devotion to the Union. Even the President was moved to allude gently in
+his annual message to the duty of assuming "an attitude demanded by the
+crisis and corresponding with the national spirit and expectations."
+
+The response of Congress was exasperatingly slow. It was January before
+a bill to increase the standing army by twenty-five thousand men became
+law. Another month passed before Congress would agree to a bill
+authorizing the President to raise a volunteer force of fifty thousand
+men. No arguments would move the House to vote an appropriation of seven
+and a half million dollars for a navy of twenty frigates and twelve
+ships-of-the-line. Even more discouraging was the reluctance of Congress
+to anticipate the financial drain of war by levying the internal revenue
+taxes which Gallatin strongly recommended, now that Congress had
+suffered the charter of the National Bank to expire. Without that
+important instrument of credit, he saw no alternative but to revive the
+excise which was so hateful to Republicans. In the end Congress
+authorized a loan of eleven million dollars, but no additional taxes.
+
+[Map: Vote of House on the Declaration of War June 4, 1812]
+
+From the first the war party had fixed upon Great Britain as the object
+of attack. In the sober light of history, France appears to be quite as
+much an enemy to American commerce. But so long as the Administration
+maintained that Napoleon had withdrawn his decrees, and that England had
+not, consistency required that Great Britain should be regarded as the
+greater offender. Reparation had been made for the Chesapeake affair, to
+be sure, but no guaranties had been given that the rights of
+neutral vessels would be respected on the high seas. Besides, the group
+of young Republicans led by Clay and Grundy had looked forward to the
+conquest of Canada on the north and of Florida on the south as the
+result of war. Madison was too keen a politician not to know that he
+could not afford to alienate this group if he wished a second term in
+office. On April 1, he recommended an embargo for sixty days, and two
+months later, on June 1, he sent his famous war message to Congress.
+
+In reciting the grievances of the United States, the President thrust
+into the foreground "the continued practice of violating the American
+flag on the great highway of nations, and of seizing and carrying off
+persons sailing under it." No one could deny that these were real
+grievances, but they had not been pressed in recent negotiations as a
+possible cause of war. A second grievance was the blockade of American
+ports by British cruisers. "They hover over and harass our entering and
+departing commerce," said the President. "To the most insulting
+pretentions they have added the most lawless proceedings in our very
+harbors; and have wantonly spilt American blood within the sanctuary of
+our territorial jurisdiction." This grievance was also real, but not of
+recent date. When the President alluded to "pretended blockades" under
+which "our commerce has been plundered in every sea," he touched upon
+outrages which were still fresh in the minds of all. "Not content with
+these occasional expedients for laying waste our neutral trade,"
+continued the message, "the Cabinet of Great Britain resorted, at
+length, to the sweeping system of blockades, under the name of Orders in
+Council." Finally, the President did not refrain from the plain
+intimation that the Indian hostilities on the frontier were due to the
+influence of British traders and British garrisons.
+
+Three days later the House of Representatives passed a bill declaring
+war by a vote of 79 to 49. The opposition came largely from the
+Northeast. The representatives from Connecticut and Rhode Island were to
+a man against war, and they were supported by Federalists from
+Massachusetts, New York, New Jersey, Maryland, and Delaware. In the
+Senate the vote stood 19 for war and 13 against it. "Except
+Pennsylvania, the entire representation of no Northern State declared
+itself for the war; except Kentucky, every State south of the Potomac
+and Ohio voted for the declaration."
+
+While Congress was debating the alternatives of peace or war, the
+British Government took a step which under modern conditions would have
+averted hostilities. Taking advantage of a decree of Napoleon dating
+from 1810, which declared his edicts revoked so far as American vessels
+were concerned, the Ministry announced on June 23 that the British
+orders would be withdrawn. But just five days earlier, President Madison
+had proclaimed a state of war between the United States and Great
+Britain.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     A brief account of the events which formed the prelude to the War
+     of 1812 may be found in K. C. Babcock, _The Rise of American
+     Nationality_ (in _The American Nation_, vol. 13, 1906). The
+     diplomatic and military antecedents of the war are set forth at
+     greater length in A. T. Mahan, _Sea Power in its Relation to the
+     War of 1812_ (2 vols., 1905). Biographies contribute much that is
+     of interest. Carl Schurz, _Henry Clay_ (2 vols., 1887), is one of
+     the best. J. T. Morse, _John Quincy Adams_ (1882), and Edmund
+     Quincy, _Life of Josiah Quincy of Massachusetts_ (1867), also
+     contain interesting information. M. P. Follett, _The Speaker of
+     the House of Representatives_ (1896); Edward Stanwood, _History of
+     the Presidency_ (1898); and M. L. Hinsdale, _History of the
+     President's Cabinet_ (1911), touch upon important aspects of
+     politics. The volume entitled _Memoirs and Letters of Dolly
+     Madison_ (1886) gives many charming glimpses of social life at the
+     capital. The discomforts and hazards of travel in the West are
+     described with great vivacity by Margaret Van Horn, _A Journey to
+     Ohio in 1810_ (1912).
+
+
+
+
+CHAPTER XII
+
+THE WAR OF 1812
+
+
+When hostilities began in North America, the war establishment of the
+United States stood officially at 36,700 men. Actually the army
+consisted of ten regiments with ranks half filled, scattered in
+garrisons from Mackinac to Lake Champlain,--a force of less than 10,000
+men, of whom 4000 were raw recruits. The staff was made up of old and
+incompetent officers; and from a military point of view the new
+appointments left much to be desired. The navy which was to contest the
+supremacy of the seas with the victor at Trafalgar consisted of twelve
+sea-going vessels and some two hundred gunboats, which were useless
+except for coast defense. There was bitter truth in the manifesto issued
+by the Federalist members of Congress when it said: "Our enemy is the
+greatest maritime power that has ever been on earth, and to her we offer
+the most tempting prizes. Our merchantmen are on every sea. Our rich
+cities lie along the Atlantic seaboard close to the water's edge. And to
+defend these from the cruisers of Great Britain we are to have an army
+of raw recruits yet to be raised and a navy of gunboats now stranded on
+the beaches and frigates that have long been rotting in the slime of the
+Potomac."
+
+The worst aspect of the war was its sectional character. New England was
+in opposition. From the outset the activity of the National
+Administration was weakened by the indubitable fact that the United
+States, as the Federalists were never tired of repeating, began the war
+"as a divided people." When General Dearborn made requisition upon the
+governors of Massachusetts and Connecticut for militia to defend the
+coast, Governor Strong ignored the summons. Pressed for a reply, he
+finally stated to the Secretary of War that the judges of the Supreme
+Court of Massachusetts had advised him that the commanders-in-chief of
+the militia in the several States, rather than the President, had the
+right to determine whether any of the exigencies contemplated by the
+Constitution existed so as to require them to place the militia in the
+service of the United States. The judges also advised the governor that
+the militia, when in the service of the United States, could not
+lawfully be commanded by any federal officers below the President, but
+only by state officers. The general assembly of Connecticut sustained
+Governor Griswold in a similar attitude toward the federal authorities,
+holding that the war was an offensive war to which the provisions of the
+Constitution respecting the militia did not apply.
+
+From the first the war-hawks had cried, "On to Canada," for their hope
+of conquest was undisguised. "Agrarian cupidity," declared Randolph,
+"not maritime right, urges the war. Ever since the report of the
+Committee on Foreign Relations came into the House, we have heard but
+one word,--like the whippoorwill, but one eternal monotonous
+tone,--Canada, Canada, Canada!" Military considerations, however,
+probably determined the campaign of 1812,--so far, indeed, as any
+well-considered plans were worked out. A general advance was to be made
+along the route by Lake Champlain to Montreal. Three expeditions were
+also to be sent against Sackett's Harbor, Niagara, and Malden. All were
+strategic points on the Lakes; but Malden was particularly important as
+the center of British influence among the Indians of the Northwest.
+
+The expedition against Malden, which was entrusted to General William
+Hull, not only failed to accomplish its purpose, but terminated in the
+most humiliating reverse of the war. For reasons that have never been
+adequately explained, Hull laid siege to Malden instead of attacking it
+at once with his superior force; and when British reenforcements
+appeared, he not only abandoned the siege, but on August 15, surrendered
+Fort Detroit without firing a shot. The army, the fort, and the
+undisputed control of the Michigan country passed into the hands of the
+British. On the same day occurred the surrender of Fort Dearborn and the
+massacre of its garrison by the Indians.
+
+The other military operations on the northern frontier were scarcely
+less inglorious. The failure of the attack upon Queenston, October 13,
+was due largely to the incompetence of the commanding general. Nowhere
+did the American troops pierce the Niagara or Lake Champlain frontier.
+The Duke of Wellington was well within the truth when he declared the
+American campaign of 1812 "beneath criticism."
+
+The smart of these humiliating failures was only relieved by the series
+of stirring naval victories which began with the duel between the
+Constitution and the Guerriere. The frigates met on August 19, some
+three hundred miles off Cape Race. "In less than thirty minutes from the
+time we got alongside of the enemy," reported Captain Hull of the
+Constitution, "she was left without a spar standing, and the hull cut to
+pieces in such a manner as to make it difficult to keep her above
+water." The effect of this victory was electric. When the Constitution
+reached Boston Harbor, even Federalists broke into exultation. The cry
+in every New England home was, "Thank God for Hull's victory!" Nothing
+could have been better timed and more dramatic. The papers which
+announced the humiliating surrender of General Hull contained the news
+of his nephew's victory.
+
+If the victory of the Constitution was won on unequal terms,--the
+Guerriere was undoubtedly inferior,--the British Admiralty could not
+excuse a second naval defeat on this score. On October 17, the American
+sloop-of-war Wasp encountered the brig Frolic convoying merchantmen six
+hundred miles east of Norfolk. There was little to choose between the
+vessels either in size or equipment, yet the marksmanship of the
+American gunners was so far superior that in forty-three minutes the
+crew of the Wasp had boarded the Frolic. Not even the subsequent capture
+of both vessels by a British ship-of-the-line could dim the glory of
+this victory. A week later the frigate United States under Captain
+Decatur captured the Macedonia and brought her into New London--"the
+only British frigate ever brought as a prize into an American port." In
+December the Constitution, now commanded by Captain Bainbridge, added to
+her laurels by overpowering the powerful frigate Java.
+
+The effect of these disasters upon the British public was out of all
+proportion to the actual value of the vessels lost. Canning afterward
+declared that the loss of the Guerriere and the Macedonia produced a
+sensation scarcely to be equaled by the most violent convulsion of
+nature. "The sacred spell of the invincibility of the British navy was
+broken by those unfortunate captures."
+
+In the midst of the war occurred a presidential election. Madison had
+been the unanimous choice of the congressional caucus held in May; but
+only eighty-three out of one hundred and thirty-three Republicans had
+attended, and the discontent of New York Republicans was well known. The
+nomination of De Witt Clinton by the New York legislative caucus opened
+wide the breach in the party. In September a convention of Federalists
+repeated the error of 1804 and indorsed Clinton's nomination, naming as
+his partner Jared Ingersoll, of Pennsylvania. Elbridge Gerry, of
+Massachusetts, was finally nominated for Vice-President by the
+Republicans. The alternatives presented to the people seemed to be
+Madison and continued war ineffectively conducted, or Clinton and still
+more humiliating peace. New York, New Jersey, Delaware, and all the New
+England States but Vermont, preferred Clinton. The South and West
+supported Madison; but without the vote of Pennsylvania Madison would
+have been defeated.
+
+To retrieve Hull's disaster, General William Henry Harrison, the hero of
+Tippecanoe, was placed in command of the Western army in the fall of
+1812; but a succession of mishaps overtook his expedition into the
+Northwest. He not only failed to reach Detroit, but lost most of his
+available troops by disease, desertion, and the onset of British
+detachments from Fort Malden.
+
+It was now clear that the control of the Lakes was indispensable for a
+successful invasion of Canada. At the close of the year 1812, there was
+not a war-vessel flying the American flag on Lake Erie. To create a
+fleet was the task set for Oliver Hazard Perry, a young naval officer,
+who was sent from Newport to Presqu' Isle. Of the needful supplies only
+timber was abundant; the rest had to be brought overland from
+Philadelphia by way of Pittsburg. Surmounting all obstacles,
+nevertheless, the energetic Perry finally got together a flotilla of
+vessels which was quite equal to the British squadron. The two fleets
+met in battle off Sandusky on September 10, 1813. The American boat
+Lawrence, Perry's flagship, was obliged to strike her colors, but Perry
+boarded another vessel of his fleet and succeeded in turning defeat into
+a brilliant victory. "We have met the enemy and they are ours," was his
+triumphant dispatch to General Harrison.
+
+The way was now open to the invasion of Canada. Under the protection of
+Perry's fleet, Harrison was able to transport his army to the Canadian
+shore below Fort Malden. The British troops were already in full
+retreat. On October 5, 1813, the American army overtook them and in a
+short but decisive battle on the river Thames revenged the loss of
+Detroit. Among the dead on the British side was found the body of
+Tecumseh. In point of numbers, the battle of the Thames is
+insignificant; but it has an important place in the annals of the war
+because it destroyed the British military power in the Northwest and
+recovered control of the Michigan Territory.
+
+No such success attended the movement of American troops on the Niagara
+and St. Lawrence frontier. The control of Lake Ontario was in doubt
+throughout the year 1813. The military operations, first under Dearborn,
+and then under Wilkinson and Hampton, were indecisive. Indeed, the
+events of the year served only one good purpose: they revealed the
+incompetence of the older generals and the ability of the younger
+officers.
+
+The loss of the Chesapeake in a duel with the Shannon, on June 1, 1813,
+outside of Boston Harbor, left the United States with an available
+sea-going navy of just two frigates and a few small sloops. All the
+other frigates were shut up in various ports by the British blockade,
+which extended from Cape Cod to Florida. The burden of offense during
+the rest of the war fell upon privateers. During the war more than five
+hundred fitted out in American ports. In the year 1813 they took over
+three hundred prizes, while the frigates took but seventy-nine. While
+British cruisers were blockading the coast of the United States, these
+craft, with their beautiful lines and wonderful spread of canvas,
+carried consternation to all British shippers in the English Channel and
+in the Irish Sea. They "seize prizes in sight of those that should
+afford protection," complained the London _Times_, "and if pursued put
+on their sea-wings and laugh at the clumsy English pursuers." No
+exploits of the regular navy contributed so much to dispose the British
+governing class to peace as the depredations of these privateers.
+
+In the remote Southwest, the war assumed a different character. There
+the enemy on the border was not Great Britain but Spain. The people of
+the Carolinas and Georgia fully expected to acquire the Floridas while
+the North was wresting Canada from British control. Had President
+Madison been given his way, this wish would have been gratified; but
+Congress refused to countenance the seizure of East Florida, and in May,
+1813, Madison very reluctantly ordered the troops to evacuate Amelia
+Island. No scruples deterred Congress from authorizing the occupation of
+West Florida. In the spring of 1813, General Wilkinson forced the
+surrender of the only Spanish fort on Mobile Bay and took possession of
+the country as far as the Perdido--"the only permanent gain of territory
+made during the war."
+
+During the first year of the war the younger warriors of the Western
+Creeks, in what is now Alabama, had been incited to hostilities by
+Tecumseh, and in the following spring began depredations which
+culminated in the capture of Fort Mims and the massacre of its
+inhabitants on August 30, 1813. The horrors of an Indian war brought
+every able-bodied settler in the adjoining States to arms. Before the
+end of the year seven thousand whites had invaded the Indian territory
+and had killed about one fifth of the Creek warriors. The hero of the
+war was General Andrew Jackson, who at the head of an army of Tennessee
+militiamen won a decisive battle at Horseshoe Bend on the Tallapoosa
+River. On August 9, 1814, he forced the chieftains who had not fled
+across the Florida border to sign a treaty of capitulation at Fort
+Jackson and to cede nearly two thirds of their lands in southern Georgia
+and in what afterward became central Alabama. This phase of the war
+opened up a vast territory to settlement and made the military
+reputation of Andrew Jackson.
+
+Operations on the Niagara frontier were resumed by the American troops
+in 1814; but they were now directed by one of the new major-generals,
+Jacob Brown, who infused a new spirit into his soldiers. On July 5,
+General Winfield Scott's brigade won a signal victory at Chippewa. Three
+weeks later, on July 25, the entire army fought a desperate battle at
+Lundy's Lane, which lasted from sunset to midnight. The Americans
+claimed a victory, but the losses were about even and the British
+remained in possession of the field. At the close of the year, despite
+the valiant fighting of Brown's army, the situation on the Niagara had
+not changed materially. The invasion of Canada and a peace dictated from
+Quebec seemed as remote as ever.
+
+The British plans for the campaign of 1814 called for "a diversion on
+the coasts of the United States, in favor of the army employed in the
+defense of Upper and Lower Canada." For the first time since the
+opening of hostilities, British military authorities could concentrate
+their attention on the war in North America. The defeat of Napoleon on
+the plains of Leipzig had thrown his shattered columns back upon France.
+Thither the allied armies had followed him and forced his capitulation.
+With the end of European wars in sight, Wellington could release his
+veteran troops for service in America. In early summer eleven thousand
+seasoned troops were sent to Canada. Four thousand more were dispatched
+under Major-General Ross, of the Peninsular army, to cooperate with the
+navy under Admiral Cochrane on the shores of Chesapeake Bay. Later in
+the year Major-General Pakenham, also a veteran of the Peninsular
+campaign, was sent with ten thousand troops to seize the mouth of the
+Mississippi and to force the capitulation of the West by closing the
+ports on the Gulf.
+
+Those whose memories went back thirty-seven years may well have recalled
+Burgoyne's expedition, for it was by the old Lake Champlain route that
+Sir George Prevost began his invasion of New York in September, 1814.
+His objective was Plattsburg, where an American army of not more than
+two thousand men was stationed. Accompanying his army, to insure its
+line of communication with Canada, was a fleet consisting of a frigate,
+a brig, and a dozen smaller vessels. To this fleet, Captain Thomas
+Macdonough could oppose only a corvette and a dozen small craft. The
+fleets met in a battle for the control of the lake on September 11. The
+resourcefulness of the young American officer saved the day. By winding
+his corvette, the Saratoga, about, so as to bring her unused guns to
+bear just when the fight seemed lost, he forced the formidable Confiance
+to strike her colors. The surrender of the smaller British boats
+followed. The battle of Plattsburg was decisive of the invasion. Fearing
+greater disasters if he pressed on without the control of the waterway
+at his rear, Prevost at once ordered a retreat.
+
+The expedition directed toward Chesapeake Bay was well under way before
+Prevost's ill-starred invasion began. On August 19, General Ross landed
+his forces on the banks of Patuxent River, within striking distance of
+Washington. Marching leisurely across country toward the capital, the
+British finally met at Bladensburg a motley array of some seven thousand
+Americans, hastily summoned from the countryside. What followed is not
+easily described. Some show of resistance was made by the marines from
+the American gunboats in the Patuxent; but for the most part the
+Americans were seized with a panic and fled in wild disorder. The
+President and his Cabinet took to the Virginia woods, leaving the enemy
+to wreak their vengeance on the government buildings. Having fired the
+Capitol, the White House, and other edifices, the British forces
+returned to their fleet and reembarked. The historian can take no
+pleasure in dwelling upon details which are discreditable to all
+concerned; for if the British committed acts of vandalism, the Americans
+had provoked retaliation when they burned the parliament houses at York
+in the campaign of 1813.
+
+An attack upon Baltimore which might have resulted in further outrages
+was frustrated by the measures of defense which the government of the
+city had already wisely undertaken. After a skirmish in which General
+Ross was killed, and an ineffective bombardment of the harbor defenses,
+the British withdrew.
+
+A visitor to the national capital after its capture described the
+President as "miserably shattered and woe-begone," and heart-broken at
+the defection of New England. To prosecute the war, money and men were
+needed; but both were wanting. The Administration hoped, but hoped in
+vain, that the victories at Chippewa, Lundy's Lane, and Plattsburg would
+stimulate enlistments; but recruits were not likely to be lured by
+promises which every one knew the Government could not redeem. It became
+clearer every day that unless Congress was disposed to adopt Monroe's
+plan of conscription, the National Government would have to put its
+dependence upon state armies. In September, after Castine and the
+eastern part of Maine to the Penobscot had been occupied by the British,
+Governor Strong consented to call out the militia of Massachusetts, but
+he was careful to place the troops under the command of state officers.
+At the same time he made inquiry of the Secretary of War whether the
+expenses of the militia would be assumed by the National Government.
+Monroe replied rather sharply that so long as Massachusetts refused to
+put her troops under the command of national officers, she need not
+expect the United States to maintain them. The Governor of Connecticut
+had already withdrawn the militia of that State from national service.
+At the moment when Prevost was beginning his invasion, the Governor of
+Vermont declined to call out the state militia because he doubted his
+authority to order the militia out of the State. The Union seemed on the
+point of disintegrating into its original elements.
+
+The anxieties of the Administration were further increased by the action
+of the Massachusetts General Court, which called a convention of those
+States "the affinity of whose interests is closest," with the avowed
+purpose of devising some mode of common defense and of securing a
+convention of delegates from all the States to revise the National
+Constitution. In spite of vigorous opposition, delegates were chosen, to
+meet on December 15 with "such as may be chosen by any or all of the
+other New England States." The legislatures of Connecticut and Rhode
+Island responded promptly; but the legislature of Vermont unanimously
+declined the invitation, and New Hampshire failed to reply. The movement
+seemed all the more ominous after the fall elections, which resulted in
+the choice of thirty-nine Federalist Congressmen from New England and of
+only two Republicans. In the preceding Congress there had been thirty
+Federalists and eleven Republicans.
+
+That members of the Essex Junto would gladly have seized this
+opportunity to remake the Federal Union by excluding the Western States
+appears clearly enough in the correspondence of men like Timothy
+Pickering. A new Union of the "good old thirteen States" on terms set by
+New England was believed to be well within the bounds of possibility.
+Radical newspapers referred with enthusiasm to the erection of a new
+federal edifice. Little wonder that the harassed President was obsessed
+with the idea that New England was on the verge of secession.
+
+From the first, however, this movement in New England was kept well in
+hand by men like Harrison Gray Otis, who always insisted that the object
+of a convention was to defend New England against the common enemy and
+to prevent radical action under the stress of popular excitement. If
+this be true, it was unfortunate, to say the least, that these patriots
+chose just this moment, when the Federal Government was about to succumb
+to the common enemy, to propose alterations in the Constitution; and it
+was equally unfortunate for the reputations of all concerned that they
+should have held their deliberations in secret, giving an air of
+conspiracy to their proceedings. The official journal of the Convention
+at Hartford was not published until 1823. When the Convention adjourned
+on January 5, 1815, all that the general public was permitted to know of
+its deliberations was contained in its famous report.
+
+The Convention was at no little pains to reassure a waiting world that
+it did not contemplate or countenance secession. It was not yet ready to
+concede that the defects in the Constitution were incurable nor that
+multiplied abuses justified a severance of the Union, "especially in a
+time of war." "If the Union be destined to dissolution, ... it should,
+if possible, be the work of peaceable times, and deliberate consent."
+But these philosophical considerations did not deter the author of the
+report from a vicious and partisan attack upon "the multiplied abuses of
+bad administrations."
+
+President Madison must have read this document with mingled feelings,
+for the Convention held, almost in the words of his Resolutions of 1798,
+that the infractions of the Constitution were so "deliberate, dangerous,
+and palpable" as to put the liberties of the people in jeopardy and to
+make it the duty of a State "to interpose its authority for their
+protection." The legislatures of the several States were recommended to
+adopt measures for protecting their citizens against all
+unconstitutional acts of Congress which should subject the militia or
+other citizens to forcible drafts, conscriptions, or impressments. They
+were also urged to apply to the Federal Government for consent to some
+arrangement whereby the States, separately or in concert, could
+undertake their own defense and retain a reasonable proportion of the
+national taxes for the purpose. Finally, seven amendments to the
+Constitution were proposed, to prevent a recurrence of the grievances
+from which the New England States suffered. Four of these proposed
+amendments put limitations upon Congress: a two-thirds vote of both
+houses was to be required to admit a new State, to interdict commerce,
+to lay an embargo, and to declare war. In future, representation and
+direct taxes were to be apportioned according to the respective numbers
+of free persons. Naturalized citizens were to be excluded from all
+federal civil offices; and finally--a blow at the Virginia
+dynasty--"the same person shall not be elected President of the United
+States a second time; nor shall the President be elected from the same
+State two terms in succession."
+
+The General Court of Massachusetts acted promptly. Three commissioners
+were dispatched at once to Washington, to work out an amicable
+arrangement for the defense of the State. On February 3, 1815, the
+"three ambassadors," as they styled themselves, set out for the capital.
+Ten days later, _en route_, they learned that General Andrew Jackson had
+decisively repulsed an attack of the British upon New Orleans on January
+8. On reaching Washington the commissioners were met with the news that
+a treaty of peace had been signed at Ghent. Their cause had met with the
+most unlucky fate which can befall any cause in the United States: it
+had become ridiculous. The tension of war-times relaxed in a roar of
+laughter at their expense.
+
+Early in the year 1813, Russia had endeavored to mediate between her
+ally and the United States. President Madison had at once, and as it
+appeared somewhat precipitately, sent Albert Gallatin and James A.
+Bayard as peace commissioners to St. Petersburg; but Great Britain
+declined the Czar's good offices. The American envoys, however, remained
+in Europe. When, then, in October, the British Ministry intimated that
+it was prepared to begin direct negotiations, President Madison created
+a new commission by sending John Quincy Adams, Henry Clay, and Jonathan
+Russell to join Gallatin and Bayard. In the last week in June, the
+commissioners repaired to Ghent, which had been chosen as the place of
+meeting. Thither the British negotiators followed them in leisurely
+fashion. The first joint conference was not held until August 8, 1814.
+
+The task of the American commissioners was one of very great difficulty.
+Confronted by the unexpected demand that the revision of the Canadian
+boundary, the fisheries, and the establishment of an Indian state in the
+Northwest should be included in the _pourparler_, they could only reply
+that they had been instructed to discuss only matters of maritime
+law--impressments, blockades, and neutral rights. There seemed so little
+likelihood of agreement that the American commissioners prepared to
+leave Ghent. But the British Ministry abated its extreme demands and
+continued the negotiations. At the same time new instructions from
+Washington advised the American representatives that they might drop the
+subject of impressments if they found it an insuperable obstacle in the
+way of peace.
+
+The insistence of the British agents upon the principle of _uti
+possidetis_--the state of possession at the close of the war--again
+threatened to break off negotiations, for the Americans resolutely
+insisted on the _status quo ante bellum_, a restoration of all places
+taken during the war. It was at this juncture that tidings arrived of
+the British repulse at Plattsburg. For a week the British Ministry
+debated the feasibility of renewing the war; but the complications at
+the Congress of Vienna, the "prodigious expense" of continued war, the
+change in public opinion, and the emphatic conviction of Wellington that
+the Ministry had "no right from the state of the war to demand any
+cession of territory"--these and many lesser considerations disposed the
+Cabinet to ask the American envoys to prepare a draft of a treaty.
+
+Strong differences of opinion developed among the Americans when they
+set to work upon their preliminary draft. As the representative of
+Western interests, Clay set himself obstinately against any further
+recognition of the British right--secured by the treaty of 1783--of free
+navigation of the Mississippi. Adams was equally determined not to
+sacrifice the correlative right to the Labrador and Newfoundland
+fisheries, which his father had secured in the Treaty of Paris.
+Gallatin, the peacemaker, was in favor of offering to renew both
+privileges; and he finally succeeded in winning Clay's reluctant assent
+to this plan. But when the British commissioners objected, both sides
+agreed to omit all reference to these vexing questions.
+
+The treaty which was signed on December 24, 1814, is remarkable for its
+omissions. The reader will scan it in vain for any allusion to
+impressments, blockades, and neutral rights. It is equally silent as to
+the control of the Lakes, Indian territories, the fisheries, and the
+navigation of the Mississippi. It was "simply a cessation of
+hostilities, leaving every claim on either side open for future
+settlement." Clay probably reflected the disappointment of Republicans
+when he pronounced it "a damned bad treaty." Nevertheless, it brought
+what was most desired by the exhausted Administration--peace. Moreover,
+the treaty must be viewed in the light of events in Europe. The
+overthrow of the Napoleonic Empire and the exile of Bonaparte gave
+promise of a return to normal conditions so far as maritime rights were
+concerned. The victories of American seamen in the war were after all
+better guaranties of neutral rights than any declarations on parchment.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     Besides the larger histories, which contain abundant information
+     about the war, mention should be made of B. J. Lossing's
+     _Pictorial Field-Book of the War of 1812_ (1868), written by one
+     who visited most of the battlefields of the war. A well-balanced
+     account of the military operations is contained in K. C. Babcock's
+     _The Rise of American Nationality_ (in _The American Nation_, vol.
+     XIII, 1906). Theodore Roosevelt, _The Naval War of 1812_ (various
+     editions); E. S. Maclay, _History of the United States Navy from
+     1775 to 1901_ (3 vols., 1901-02), and _History of American
+     Privateers_ (1899); J. R. Spears, _History of Our Navy_ (4 vols.,
+     1897); and C. O. Paullin, _Commodore John Rodgers_ (1910), give
+     the history of the maritime war. The most comprehensive study of
+     the naval operations of the war is the work by Admiral Mahan
+     already cited. The part of Jackson in the war is set forth in many
+     biographies. The most picturesque is James Parton, _Life of Andrew
+     Jackson_ (3 vols., 1860); the most recent is J. S. Bassett, _Life
+     of Andrew Jackson_ (2 vols., 1911). S. E. Morison, _Life and
+     Letters of Harrison Gray Otis_ (2 vols., 1913), gives a fresh
+     account of the disaffection in New England and of the Hartford
+     Convention. The peace negotiations at Ghent are set forth
+     circumstantially by Henry Adams in his _History of the United
+     States_ (9 vols., 1889-91).
+
+
+
+
+CHAPTER XIII
+
+THE RESULTS OF THE WAR
+
+
+In a message to Congress transmitting the treaty of peace, President
+Madison congratulated the country on the termination of a war "waged
+with a success which is the natural result of the wisdom of the
+legislative councils, of the patriotism of the people, of the public
+spirit of the militia, and of the valor of the military and naval forces
+of the country." The verdict of history does not sustain this paean of
+victory. "The record, upon the whole," declares Admiral Mahan, "is one
+of gloom, disaster, and governmental incompetence, resulting from lack
+of national preparation, due to the obstinate and blind prepossessions
+of the Government, and, in part, of the people." Public opinion indorsed
+the President's estimate of the late struggle.
+
+As a matter of fact, the people of the United States had seen little of
+the disasters and ravages of war. All the important battles took place
+on the borders. The great mass of the people were undisturbed in their
+vocations. There was hardly a day during the war when a farmer could not
+till his acres in tranquillity. Not an important city save Washington
+was taken during the war. Nor was the loss of life large in proportion
+to population. All told, the killed and wounded did not exceed five
+thousand men. Napoleon lost nearly two hundred thousand French soldiers
+in his disastrous Russian campaign.
+
+American character appeared at its best and at its worst in these three
+years of war. Even the British press could not gainsay the
+resourcefulness and intelligence of the American soldier and sailor,
+though the phrase "Yankee smartness" conveyed also the unpleasant
+imputation of trickiness and moral laxity. Wherever conditions permitted
+a fair test, the superiority of the American gunner was incontestable.
+The greater losses of the British whenever the armies met on even terms
+proved the superior marksmanship of the American militiaman. The
+adaptation of the fast-sailing schooner to privateering was further
+evidence of an alert intellect which was quick to adapt means to ends.
+This quality, to be sure, has been bred in every frontier folk by the
+very necessities of existence, but it appeared in marked strength in the
+American of this time. While the shipbuilders of New England were laying
+the keels of these privateers, Robert Fulton was perfecting his
+steamboat on the Delaware and Hudson rivers. In the year before the war,
+the first steamboat appeared on the Ohio, and before the end of the war
+fourteen were plying on Western waters, and opening up a new era in the
+American colonization of the continent.
+
+This instinctive adaptation of means to ends was less successful in the
+realm of American politics. No celerity could compensate for want of
+prevision on the part of the authorities at Washington. The lesson of
+the war was not lost upon James Madison, at least. "Experience has
+taught us," said he in a message to Congress,--and the words amounted to
+a confession of error,--"that neither the pacific dispositions of the
+American people nor the pacific character of their political
+institutions, can altogether exempt them from that strife which appears,
+beyond the ordinary lot of nations, to be incident to the actual period
+of the world; and the same faithful monitor demonstrates that a certain
+degree of preparation for war is not only indispensable to avert
+disaster in the onset, but affords also the best security for the
+continuance of peace."
+
+The indirect effects of war were more widely felt. The blockade affected
+adversely all the extractive industries upon which the vast majority of
+the people in all the States depended. Only New England escaped
+unscathed--and the circumstance was not creditable to the section. In
+the latter months of 1814 ruin stared the Southern planter in the face.
+The lifting of the blockade wrought a transformation. Planters in the
+Old Dominion, who could find no market for their tobacco and wheat on
+February 13, sold their produce on February 14 at prices which made them
+rich again. Flour which had found almost no purchasers at seven and a
+half dollars a barrel sold readily at ten. Imported commodities fell in
+price correspondingly. Ships put to sea at once laden with the
+accumulated produce of two long years. The export trade, which had
+fallen to less than $7,000,000, leaped to $46,000,000 between March and
+October. Fully two thirds of this wealth accrued to the Southern
+planters who raised the three great staples, tobacco, cotton, and rice.
+The people of the Middle States shared only moderately in this
+prosperity. The value of the wheat and corn which the farmers of
+Pennsylvania, New York, and New Jersey raised for export did not much
+exceed that of tobacco alone.
+
+The return of peace brought relief also to the shipping industry of New
+England. Vessels which the embargo and the restrictive policy and the
+hazards of war had kept in port now put to sea again. But the European
+conditions which had created such immense profits for the Yankee skipper
+in 1805, 1806, and 1807 had passed away. Foreign ships now bid for the
+carrying trade of the Atlantic, and their competition cut down freight
+rates to a point which caused melancholy forebodings in the homes of
+Boston and Salem shipowners.
+
+The long period of commercial restriction followed by three years of war
+caused a dislocation of industry in New England. Capital which had been
+invested in shipping now sought larger returns in the manufacture of
+those commodities hitherto supplied by British factories. When the
+embargo was laid, only fifteen cotton mills were in operation,
+representing a capital of about $500,000. Two years later, capital to
+the amount of $4,000,000 had been invested in factories which employed
+nearly 4000 hands. At the close of the war, $40,000,000 were invested in
+cotton mills which consumed 27,000,000 pounds of raw cotton and gave
+employment to 100,000 men and women. Hitherto much of the weaving had
+been done on hand looms in the farmhouses of New England: only the
+spinning had been done by machinery. In 1814, Francis Lowell introduced
+the power loom into his mill at Waltham, Massachusetts, and brought the
+various processes of cotton manufacturing under one roof. The foundation
+of the New England factory system was thus laid before the end of the
+war. In the following decade the famous factory towns on the Merrimac
+came into existence. The metamorphosis of the section had begun.
+
+The woolen industry received a great impetus in this same period of
+artificial stimulation, but it failed to expand with the same rapidity,
+owing to the scarcity and cost of the finer grades of wool.
+Nevertheless, in the year 1816, about $12,000,000 were invested in the
+manufacture of woolen fabrics. Like the cotton industry, this owed its
+development to the policy of Presidents from Virginia. It is one of the
+ironies of history that Jefferson and Madison should have unwittingly
+sacrificed Southern planters to build up industries in the North, and
+that New Englanders should have excoriated those worthies for policies
+which became the source of New England prosperity.
+
+To these new industries peace spelled disaster. English manufacturers
+seized the opportunity to unload the goods which they had been piling up
+in their warehouses for years. Importations which had amounted to
+$13,000,000 in 1813 rose to the staggering sum of $147,000,000 in 1816.
+Not even import duties stemmed the tide, for as Lord Brougham stated in
+Parliament, "It was well worth while to incur a loss upon the first
+exportation, in order, by a glut, to stifle in the cradle those rising
+manufactures in the United States which the war had forced into
+existence, contrary to the natural course of things."
+
+In October, 1815, the cotton manufacturers of Rhode Island sent a
+memorial to Congress, stating that their one hundred and forty factories
+were threatened with destruction by this cut-throat competition. Such
+complaints seemed unduly apprehensive; yet before the year closed, most
+of the textile mills had shut down. The distress of New England was no
+longer feigned. Caught in a process of transition from shipping to
+manufacturing, capital could neither advance nor retreat. It was a
+legitimate case for governmental aid. Even Jefferson laid aside his
+early prepossessions in favor of a simple bucolic life for the American
+citizen, and admitted that "to be independent for the comforts of life,
+we must fabricate them for ourselves. We must now place the manufacturer
+by the side of the agriculturist." Madison, too, departed from the
+Virginia faith so far as to recommend sufficient protection of "the
+enterprising citizens whose interests are now at stake" to guard them
+"against occasional competition from abroad."
+
+Within sight of the blackened walls of the Capitol, in temporary
+quarters which it had rented, Congress set its hand to the work of
+national reconstruction. Before many months had passed, the new Capitol,
+under the supervision of Latrobe, began to rise from the ruins of the
+old, a symbol of a new era. On the walls of the rotunda, John Trumbull
+painted scenes which were to remind coming generations of the heroic
+days of the Revolution, and within its confines was eventually installed
+what was left of the library of Congress, with the gaps supplied in part
+by Jefferson's private collection, which Congress purchased. The new
+nation was not to disdain wholly the finer aspects of life nor to
+despise the garnered wisdom of the ages.
+
+In March, 1816, Congress took under consideration a tariff bill which
+had been drafted on lines marked out by the new Secretary of the
+Treasury, A. J. Dallas, of Pennsylvania. The debates brought out a wide
+diversity of interests. Daniel Webster represented admirably the mingled
+feelings of his New England constituents when he professed to favor
+existing manufactures, but deprecated any action calculated to produce
+new industries. He never wished to see the time when the young men of
+the country would be forced to close their eyes to heaven and earth, and
+open them in the dust and smoke of unwholesome factories. On the other
+hand, Calhoun, eschewing a narrow sectionalism, declared that
+manufacturing must be encouraged as a wise national policy. "Neither
+agriculture, manufactures, nor commerce, taken separately, is the cause
+of wealth," said he. "It flows from the three combined and cannot exist
+without each." The South showed little of the apprehension which John
+Randolph expressed when he cried, "Upon whom bears the duty on coarse
+woolens and linens and blankets, upon salt, and all the necessaries of
+life?" and answered, "On poor men, and on slaveholders."
+
+The bill which Congress eventually passed fixed somewhat lower duties
+than Dallas had advised. A duty of twenty-five per cent was placed on
+cotton and woolen goods until June 30, 1819, when it was to be reduced
+to twenty per cent. By what was known as the minimum principle, all
+cotton fabrics costing less than twenty-five cents a square yard were
+held to have cost that amount and were made to pay corresponding duties.
+The object of this provision was to exclude from India the coarser and
+cheaper cotton textiles which would menace the products of New England
+looms. Other important articles were made subject to higher duties, such
+as rolled and hammered iron, leather goods, hats, carriages, and
+writing-paper. A comparison of these duties with those of the tariff of
+1789 shows a marked increase. Where the average duty was seven and one
+half per cent in 1789, it was thirty per cent in the tariff of 1816. So
+far as the intent of the law is concerned, this tariff act committed the
+country to a fiscal policy in which "revenue was subordinated to
+industrial needs."
+
+Although the largest vote against the tariff bill came from the South
+and Southwest, twenty-three out of fifty-seven Representatives voted for
+the bill. New England showed a prepondering opinion in favor of
+protection: only ten out of twenty-seven Representatives opposed the
+bill. The Representatives of the Middle States ranged themselves
+emphatically on the side of protection; and with them stood the
+Congressmen from Ohio and Kentucky.
+
+The close of the war found the country with a badly disordered currency
+and with a bankrupt treasury. Nowhere were the remedial efforts of
+Congress needed more. The condition of the currency was due, in part at
+least, to the failure of Congress in 1811 to perceive the regulative
+influence of a national bank. By refusing to recharter the United States
+Bank, Congress not only deprived the Treasury of an exceedingly valuable
+fiscal agent during the war, but also threw the door wide open to
+indiscriminate and unregulated state banking. Between 1811 and 1816 the
+number of these state institutions increased from eighty-eight to two
+hundred and forty-six, all of which exercised the right of issuing notes
+with little or no restriction. Inflation followed inevitably. During the
+blockade the banks of the Middle and Southern States suffered great
+distress by the constant drain of specie to New England and abroad.
+After the capture of Washington, practically all banks outside of New
+England were forced to suspend specie payments. The country experienced
+once more all the evils of a depreciated currency. Southern bank notes
+were refused for deposit in Philadelphia banks. Notes of these
+institutions in Philadelphia, in turn, were subject to a discount of
+twenty-four per cent in Boston. Uncertainty and distrust demoralized
+financial operations everywhere.
+
+Wiser by the experience of five years, Congress was now disposed to
+establish another national bank. A first bill, however, fell short of
+the President's desires and was vetoed. A second bill became law on
+April 10, 1816. The provisions of this Bank of the United States
+differed in several particulars from that chartered in 1790. Its capital
+was three and one half times as large. One fifth of the total capital
+of $35,000,000 was to be subscribed by the Government, and the remainder
+by individuals. Five of the twenty-five directors were to be appointed
+by the President of the United States. The funds of the Government were
+to be deposited in the Bank unless the Secretary of the Treasury should
+otherwise direct, laying his reasons for any such change before
+Congress. In return for the privileges granted in the charter, the Bank
+was required to transfer the government funds from place to place
+without charge, and to pay $1,500,000 to the Government. On its side the
+Government agreed not to charter any other bank except in the District
+of Columbia. The circulation of the Bank was limited to the amount of
+its capital. Its notes were to be payable on demand in specie and to be
+receivable in all payments to the Government.
+
+Such an institution gave promise of serving the Government as a sound
+fiscal agent and of assisting materially in the restoration of the
+currency to a specie basis. The stock was subscribed promptly by 31,334
+individuals, all but three thousand of whom resided in the Middle
+States. New England was still reluctant to support the plans of Mr.
+Madison; the South had other uses for its capital. To facilitate the
+resumption of specie payments, Congress passed a joint resolution, that
+after February 20 of the following year (1817), all dues to the
+Government should be paid in specie, treasury notes, national bank
+notes, or notes of banks payable in the "said currency of the United
+States." This was strong medicine for the state banks. Unwilling or
+unable to contract their circulation and to call in their loans, the
+banks of the Middle States asked to have the date of resumption
+deferred, on the ostensible ground that the new bank could not be
+organized in time to assist them. The energetic Secretary of the
+Treasury disposed of this plea by putting the Bank in operation in
+January, 1817. On the date set by Congress the banks very generally
+resumed specie payments.
+
+The propulsive force given to the Government by the war seemed likely to
+continue. The task of the National Government no longer seemed merely
+negative,--to "restrain men from injuring one another," in the
+Jeffersonian phrase,--but positive and constructive. Even Madison, in
+his annual message of 1815, recommended liberal provision for defense,
+more military academies, an improved and enlarged navy, protection to
+manufactures, new national roads and canals, and a national university.
+He gave his support to Monroe's proposal to fix the peace establishment
+at twenty thousand men; and he experienced the unique sensation of
+finding himself in advance of his party, which finally agreed upon an
+army of ten thousand men. Still more striking evidence of the change
+which had passed over the party of Jefferson was its willingness to
+retain the entire naval establishment and to appropriate $4,000,000 for
+frigates and ships-of-the-line. Clay and Calhoun, speaking for the
+younger Republicans, agreed that the greatest danger of the future lay
+in weak government. They were not in the least intimidated by the
+addition of $80,000,000 to the national debt as the result of war. That
+sum represented to their minds simply the price, none too large, of
+commercial and industrial independence.
+
+These young aggressive spirits seemed at times quite indifferent to nice
+questions of constitutional law. Calhoun dismissed constitutional
+objections to a national bank with a wave of the hand: he thought
+discussion of such abstract themes "a useless consumption of time." On
+introducing his bill for internal improvements, in December, 1816, he
+intimated that he did not propose to indulge in metaphysical subtleties
+respecting the Constitution. "The instrument was not intended as a
+thesis for the logician to exercise his ingenuity on; ... it ought to be
+construed with plain good sense." If Clay exhibited more sensitiveness
+to constitutional limitations, it was because he had to clear himself
+from the charge of inconsistency. In supporting the Bank Bill in 1816 he
+frankly confessed that he had changed his mind on the point of
+constitutionality. He had believed the incorporation of a bank in 1811
+unwarranted by the Constitution; but conditions had changed. What was
+then neither necessary nor proper was now both necessary and proper. The
+interpretation of the Constitution must always take existing
+circumstances into account. If Clay did not add to his reputation as an
+expounder of the Constitution by this speech, he represented admirably,
+nevertheless, the changes which circumstances had wrought in the
+convictions of his associates.
+
+Against these new tendencies John Randolph set himself stark and grim.
+"The question is," said he, replying to Calhoun's new nationalism,
+"whether or not we are willing to become one great consolidated nation,
+or whether we have still respect enough for those old, respectable
+institutions [the States] to regard their integrity and preservation as
+a part of our policy." Randolph spoke for a generation which was passing
+away; but his words touched a responsive chord in the breast of
+President Madison. On March 3, 1817, as he was about to leave office, he
+sent to Congress a message vetoing the Internal Improvements Bill and
+warning his party associates of the danger of latitudinarian views of
+the Constitution. This message was Madison's farewell address. It was
+thoroughly characteristic of the man and the statesman.
+
+The relaxing of Republican doctrines, and of party ties generally,
+divested the presidential election of any real political significance.
+The Federalists were thoroughly discredited. As a party they made no
+concerted effort to nominate candidates. Virtually, therefore, the
+selection of a President rested with the congressional caucus of the
+Republican party. The choice lay between two members of the President's
+Cabinet: James Monroe, Secretary of State, and William H. Crawford,
+Secretary of the Treasury. Governor Tompkins, of New York, was put
+forward by enthusiastic partisans from that State, but he was not a
+national figure in any sense and commanded no support outside of his
+State. Intrigue played a part in this caucus, if contemporary testimony
+may be believed. Tradition has it that Martin Van Buren and Peter B.
+Porter prevented their New York delegation from voting for Crawford and
+thus threw the nomination to Monroe. Governor Tompkins was the choice of
+the caucus for Vice-President. No one could safely affirm that these
+nominees were the choice of the rank and file of the party. Here and
+there public meetings were held to protest against the dictation of the
+congressional caucus; but no organized opposition developed. The
+campaign proved to be a tame affair. Nowhere was there a real contest.
+Only three States, Massachusetts, Connecticut, and Delaware, chose
+Federalist electors. Not a ripple of excitement stirred the public when
+announcement was finally made that Monroe had received 183 electoral
+votes and Rufus King, 34. For the fourth time a Virginian had been
+raised to the Presidency.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     Of the general histories, only that by McMaster contains any great
+     amount of information bearing on the economic changes wrought by
+     war and the preceding period of commercial restriction. Adams
+     summarizes the economic results of war in a single chapter in the
+     last volume of his work. K. C. Babcock, _The Rise of American
+     Nationality_ (in _The American Nation_, vol. 13, 1906), attempts
+     the same task. Besides the manuals on economic history which have
+     already been mentioned, there are several excellent volumes
+     dealing with various phases of national life: such as, D. R.
+     Dewey, _Financial History of the United States_ (1903); F. W.
+     Taussig, _Tariff History of the United Stales_ (rev. ed., 1913);
+     R. C. H. Catterall, _The Second Bank of the United Stales_ (1903);
+     J. L. Bishop, _History of American Manufactures from 1608-1860_ (2
+     vols., 1861-64); C. W. Wright, _Wool-Growing and the Tariff_
+     (1910). Among the biographies of statesmen of the new generation,
+     the best are: G. T. Curtis, _Life of Daniel Webster_ (2 vols.,
+     1869); W. W. Story, _Life and Letters of Joseph Story_ (2 vols.,
+     1851); G. Hunt, _John C. Calhoun_ (1908).
+
+
+
+
+CHAPTER XIV
+
+THE WESTWARD MOVEMENT
+
+
+At the end of the second decade of the nineteenth century, the people of
+the United States were still in the main a homogeneous folk, native-born
+descendants of native-born ancestors. The tide of immigration which was
+by the end of the century to inundate the nation and transform its
+character was just beginning to flow. Its volume between the close of
+the Revolution and the year 1820, when the first official statistics
+were collected, must remain a matter of conjecture. In 1817, the
+painstaking Niles, in his _Register_, estimated that about twenty-two
+thousand immigrants had arrived in that year in the ports of New York,
+Philadelphia, and Boston, of whom four thousand were Germans and the
+rest inhabitants of the British Isles. Fully one half of these British
+subjects were brawny Irishmen, often a turbulent lot, but always in
+demand for hard labor on the roads and canals which were projected in
+every part of the Union. Among these newcomers, however, were many
+undesirables. Not a few English parishes emptied their poorhouses by
+sending the helpless inmates to the New World. Some of these deported
+paupers, no doubt, found a livelihood and became respectable citizens;
+but the records of almshouses in the Eastern States indicate that many
+of these unfortunates had only exchanged one asylum for another. In the
+Philadelphia poorhouses in the early thirties, from one third to one
+half of the inmates were foreign-born. Cargoes of redemptioners came
+into American ports as late as the year 1818. Of that traffic which was
+bringing helpless Africans into bondage in the Southern States, more
+will be said in a subsequent chapter.
+
+Among the new arrivals, it goes without saying, were men and women, who,
+and whose descendants, contributed mightily to the building up of
+American Commonwealths. Entire communities seeking an asylum in the New
+World continued to arrive as in the early years of the seventeenth
+century. In 1817, a body of German separatists from Wuerttemberg, under
+the leadership of Joseph Baumeler, landed at Philadelphia. Like the
+English Pilgrims they sought freedom from religious persecution, but the
+Plymouth which they founded was on a new frontier--at Zoar in the
+wilderness of Ohio.
+
+What particularly impressed every foreign traveler in America during
+these years of transition and expansion was the incessant movement of
+society. The earlier westward movement of population had never wholly
+ceased, but it had been retarded by the war. The return of peace was
+like the first warm days of spring. The roads leading West were fairly
+inundated by a swelling stream of emigrants. An observer at the Genesee
+turnpike noted a train of some twenty wagons and one hundred and sixteen
+persons on their way to Indiana from a single town in Maine. A traveler
+on his way from Nashville to Georgia, in January, 1817, met an
+astonishing number of people from the Carolinas and Georgia who were
+bound for the cotton lands of Alabama. He counted over two hundred
+conveyances and three thousand people, driving herds of cattle and
+droves of hogs before them. But the great highway to the West lay
+through Pennsylvania. On the road from Chambersburg to Pittsburg,
+Fearon, an intelligent and in such particulars a trustworthy English
+traveler, counted one hundred and three stage-wagons, drawn by four and
+six horses, proceeding from Philadelphia and Baltimore to Pittsburg, and
+seventy-nine wagons bound in the opposite direction. "On the road,"
+comments Fearon, "every emigrant tells you he is going to Ohio; when you
+arrive in Ohio, its inhabitants are 'moving' to Missouri and Alabama;
+thus it is that the point for final settlement is forever receding as
+you advance, and thus it will hereafter proceed, and only be terminated
+by that effectual barrier--the Pacific Ocean."
+
+To this emigration all sections of the Union contributed. In the
+back-country of New England--in Maine, New Hampshire, Vermont, and
+western Massachusetts--was a restive population little loved by the
+governing class. President Timothy Dwight, of Yale College, described
+these people as "impatient of the restraints of law, religion, and
+morality," contentious, always complaining, and always indebted. They
+were likely to be Baptists or Methodists, by persuasion, and Democrats
+in politics. As small farmers their lot was a hard one. They needed only
+the incentive of cheap lands in the West to sever the slender ties which
+bound them to the stony hillsides of New England. Yet the older towns of
+New England also complained of the Western fever which was carrying off
+the available labor supply. Fearon found "the small and middling
+tradesmen" always ready to sell out when business got bad and "pack up
+for the back-country." The immediate destination of these New Englanders
+was western New York. Within a decade what had been a frontier area was
+filled with an industrious population eager to secure markets for the
+surplus products of their farms.
+
+[Map: Land Sales and Land Offices to 1821]
+
+Before a very large number of New Englanders passed beyond western New
+York, emigrants from the Middle States were pushing into the Ohio
+country, where Harrison's victories had opened vast tracts to the white
+settlers. The earliest settlers in Indiana and Illinois, however, were
+of Southern extraction. Tennessee and Kentucky, having no longer a
+supply of good land at low prices, sent the younger generation on to a
+new frontier. In the year 1816 the father of Abraham Lincoln took his
+family across the Ohio on a raft and hewed his way into the timber lands
+along the river bottoms of Indiana. With these migratory Kentuckians
+went also descendants of the Germans and the Scotch-Irish who had
+peopled the Great Valley in the previous century. Even from the
+Carolinas came all sorts and conditions of men,--poor whites, Quakers,
+Baptists,--small farmers whom the advancing plantation system was
+driving from the uplands.
+
+Even more significant than this advance of population into the region
+north of the Ohio was the contemporaneous movement from the Southern
+Seaboard States into the cotton lands of the Gulf plains. The way had
+been prepared by Andrew Jackson's conquest of the Creeks. Alabama was
+the immediate goal of the migrating Southerner. From Kentucky, also, but
+more particularly from Tennessee, stalwart pioneers entered this new El
+Dorado. The father of Jefferson Davis was one of those who tried their
+luck in the alluvial plains of the lower Mississippi. By the year 1820,
+the area of settlement had extended from southern Tennessee to Mobile,
+and from Mobile to the Mississippi along the Gulf.
+
+[Illustration: The Cotton Crop in the United States 1801-1834
+  Based on Estimates furnished to Congress by the Secretary of Treasury
+  Figures indicate the crop in million pounds
+  Shaded segments indicate the Gulf States]
+
+The causes and consequences of this colonization of the Southwest form a
+vital chapter in the economic history of the country. In the year before
+the war, Virginia, the Carolinas, and Georgia produced 75,000,000 pounds
+of cotton; the only other cotton-raising States, Tennessee and
+Louisiana, produced 5,000,000 pounds. Ten years later, the Seaboard
+States raised 117,000,000 pounds; the Southwest, 60,000,000. In another
+decade the States of the Southwest had outstripped the Old South. This
+comparison throws a flood of light upon Southern history. The invention
+of the cotton gin had made possible the cultivation of the short-staple
+cotton plant, which was the only variety that could be raised profitably
+in the uplands. Occurring just at the moment when the use of the power
+loom in factories was giving an unprecedented stimulus to the
+manufacture of cotton, the cotton gin worked a revolution in Southern
+life and industry. From the tidewater, with its large plantations
+worked by African slaves, the cultivation of cotton passed into the
+region above the fall-line of the rivers, where the small farmer
+practiced a diversified agriculture. Socially and politically the two
+regions had always been distinct. The gentlemen planters of the
+tidewater, with much the same outlook as the English gentry of the same
+period, regarded the democratic yeomen of the Piedmont with distrust not
+unmixed with contempt. By excluding them from their proportionate
+representation in the state legislatures, the aristocratic planters
+maintained an ascendency which was at once political and social. But as
+cotton-growing became more profitable and advanced into the interior,
+the farmer of the uplands found himself pushed to the wall. Either he
+must adopt the plantation system and purchase slaves, or sell his land
+and move on. For want of capital large numbers chose the latter
+alternative and swelled the numbers of those who had already set their
+faces westward.
+
+The communities which within six years after the Treaty of Ghent were
+admitted into the Union as the States of Mississippi and Alabama, did
+not at first differ materially from Indiana and Illinois, which became
+Commonwealths at the same time. Much the same obstacles confronted the
+pioneer in the pine forests of Mississippi as in the hard woods of the
+Northwest. Either as squatter or _bona fide_ purchaser he had with the
+aid of his neighbors hewed out a clearing, or single-handed girdled the
+trees, and laid the sills of his log cabin. A "raising" or "frolic" was
+one of the few opportunities for social intercourse in the hard life of
+the frontiersman. Between the stumps of his clearing he planted his
+first crop of Indian corn; and what the soil did not yield for his
+sustenance, he supplied with his trusty rifle. Time wrought vast
+transformations in these new communities. The thriftless, who scratched
+the surface of the ground and then sold out to a newcomer of sterner
+fiber, passed on to a new frontier. Log cabins gave way to frame houses.
+Clearings became well-tilled farms. Better methods of cultivation
+extracted a surplus of produce which could be sent to market. Along the
+rivers of the Northwest, cities sprang up like mushrooms.
+
+From this point the history of the Southwest diverged from that of the
+Northwest. The virgin lands of the Gulf attracted also the planter with
+his capital invested in African slaves. Once again the small farmer felt
+the combined pressure of social and economic forces. He saw his
+wealthier neighbor acquire the more fertile lands; he found himself
+thrust into a socially inferior class; and again he yielded to fate.
+While a democratic society of self-reliant yeomen was developing in the
+northern half of the Mississippi Valley, a society based upon a
+plantation economy and aristocratic in its outward characteristics was
+forming in the Gulf States. Yet in its aggressiveness and commercial
+enterprise, the new South resembled the Northwest rather than the old
+South.
+
+[Map: The West as an Economic Section in 1820]
+
+While the South was producing staples for an ever-growing market, it
+became itself the market for the surplus products of the Northwest. An
+active internal trade sprang up between the sections in spite of the
+natural barriers to commercial intercourse. Live stock could be driven
+to market. It was a common occurrence to see droves of thousands of
+"razor-back" hogs on their way from Kentucky to the Seaboard States,
+feeding on nuts and roots by the way. Rivers were the chief highways for
+such produce as could not provide for its own locomotion. The Western
+waters floated all sorts of craft, from the lumber raft to the flatboat,
+laden with pork, cheese, butter, flour, corn, and whiskey. The greater
+part of these boats were makeshifts, and made no return voyage. It was
+not until 1809 that a barge was warped upstream from New Orleans to
+Nashville. The entire traffic on the Mississippi and the Ohio was
+carried on until 1817 in less than a score of keel boats, which made the
+voyage downstream from Louisville to New Orleans in about forty days,
+and upstream in ninety. When, then, a steamboat succeeded in making a
+return voyage in twenty-five days, it was hailed as an epoch-making
+performance. In the next year twenty steamboats were competing for the
+river traffic; and three years later (1820) seventy-two were in actual
+service. Yet the steamboat did not drive the flatboat from the Western
+rivers. So late as 1840 one fifth of the freight handled on the lower
+Mississippi was carried in flatboats or barges.
+
+The rapid rise of this internal commerce between the farmer of the
+Northwest and the cotton planter of the South increased the ability of
+both to purchase manufactures in the Eastern markets. Both sections had
+wants which they could not supply by their simple household industries.
+They had to import not only their farming implements, but most of those
+articles, useful or ornamental, which were thought indispensable to a
+higher civilization. "Spots in Tennessee, in Ohio, and Kentucky,"
+comments an English traveler, "that within the lifetime of even young
+men, witnessed only the arrow and the scalping knife, now present the
+traveler with articles of elegance and modes of luxury which might rival
+the displays of London and Paris." Most of this stock was transported
+over the mountains from Philadelphia or Baltimore. In 1820, three
+thousand wagons carried to Pittsburg, the distributing center of the
+West, nearly eighteen million dollars' worth of merchandise.
+
+The commercial interests of the East were quick to see the possibilities
+of this new market. An eager rivalry sprang up between the merchants of
+New York, Philadelphia, and Baltimore. Everywhere ways and means of
+cheaper transportation were discussed. In this subject the Western
+farmer was vitally interested, for freight charges added nearly one
+third to the cost of merchandise transported over the mountains. The
+cotton planter of the Seaboard States, also, feeling the competition of
+the Southwest, where riverways were abundant and easily navigable, saw
+the need of better roads to tidewater, in order to lessen the cost of
+marketing his produce.
+
+The popular demand for better roads was not recent. All the States had
+encouraged, directly or indirectly, the building of turnpikes and
+bridges. Between 1793 and 1812, Pennsylvania had chartered fifty-five
+turnpike companies, and other States had been scarcely less ready to
+grant articles of incorporation to stock companies. Private enterprise
+had, indeed, done much to improve communication along the seaboard.
+Turnpikes and bridges had shortened the journey by stage from Boston to
+Washington to four and a quarter days by the year 1815. The city of New
+York was in 1816 within twenty-four hours of Albany by the Hudson River
+steamboats.
+
+Numerous canal companies had also been chartered; but of all the canals
+projected, only three had been completed when the War of 1812 began: the
+Dismal Swamp Canal in Virginia, the Santee Canal in South Carolina, and
+the Middlesex Canal in Massachusetts. It remained for New York to usher
+in a new era in internal communication by authorizing in 1817 the
+construction of the Erie Canal. In the ardent imagination of its chief
+promoter, De Witt Clinton, this canal was destined to be "a bond of
+union between the Atlantic and Western States" and "an organ of
+communication between the Hudson, the Mississippi, the St. Lawrence, the
+Great Lakes of the North and West, and their tributary rivers," creating
+"the greatest inland trade ever witnessed" and transforming New York
+into a vast emporium of commerce and "the granary of the world."
+
+This bold bid for Western trade alarmed the merchants of Philadelphia,
+particularly as the completion of the national road threatened to divert
+much of their traffic to Baltimore. In 1825, the legislature of
+Pennsylvania grappled with the problem by projecting a series of canals
+which were to connect its great seaport with Pittsburg on the west and
+with Lake Erie and the upper Susquehanna on the north.
+
+The magnitude of the transportation problem was such, however, that
+neither individual States nor private corporations seemed able to meet
+the demands of an expanding internal trade. As early as 1807, Albert
+Gallatin had advocated the construction of a great system of internal
+waterways to connect East and West, at an estimated cost of $20,000,000.
+But the only contribution of the National Government to internal
+improvements during the Jeffersonian era was an appropriation in 1806 of
+two per cent of the net proceeds of the sales of public lands in Ohio
+for the construction of a national road, with the consent of the States
+through which it should pass. By 1818 the road was open to traffic from
+Cumberland, Maryland, to Wheeling, Virginia.
+
+In 1816, with the experiences of the war before him, no well-informed
+statesman could shut his eyes to the national aspects of the problem.
+Even President Madison invited the attention of Congress to the need of
+establishing "a comprehensive system of roads and canals." Soon after
+Congress met, it took under consideration a bill drafted by Calhoun
+which proposed an appropriation of $1,500,000 for internal improvements.
+Because this appropriation was to be met by the moneys paid by the
+National Bank to the Government, the bill was commonly referred to as
+the "Bonus Bill." "Let it not be forgotten," said Calhoun in advocacy of
+his bill, "that it [the size of the Union] exposes us to the greatest of
+all calamities,--next to the loss of liberty,--and even to that in its
+consequences--disunion. We are great, and rapidly--I was about to say
+fearfully--growing. This is our pride and our danger; our weakness and
+our strength.... We are under the most imperious obligation to
+counteract every tendency to disunion.... Whatever impedes the
+intercourse of the extremes with this, the center of the Republic,
+weakens the Union."
+
+The one section which was impervious to these national considerations at
+this moment was New England; but it was President Madison, and not New
+England, who defeated the Bonus Bill. On the day before he left office,
+Madison sent to Congress a notable veto message. Reverting to his
+earlier faith, he pronounced the measure unconstitutional. Neither the
+express words of the Constitution nor any fair inference could, in his
+judgment, warrant the exercise of such powers by Congress. To pass the
+bill over his veto was impossible. Monroe, too, in his first message to
+Congress intimated that he also held strict views of the powers of
+Congress. The policy of internal improvements by Federal aid was thus
+wrecked on the constitutional scruples of the last of the Virginia
+dynasty.
+
+Having less regard for consistency, the House of Representatives
+recorded its conviction, by close votes, that Congress could appropriate
+money to construct roads and canals, but had not the power to construct
+them. As yet the only direct aid of the National Government to internal
+improvements consisted of various appropriations, amounting to about
+$1,500,000 for the Cumberland Road.
+
+Circumstances were also pressing the claims of the Far West upon the
+Government. Beyond the scattered settlements of Illinois and Indiana
+extended vast forests, known only to the Indians and the fur traders.
+With the experiences of the war fresh in mind, the new Secretary of War,
+Calhoun, urged upon the Government the necessity of taking resolute
+measures to hold this territory. Laws excluding foreigners from the
+Indian trade were passed; forts were established at strategic points
+like Chicago, Prairie du Chien, and Green Bay; and in 1820, Governor
+Cass, of the Michigan Territory, was sent on an expedition through the
+Wisconsin forests into Minnesota, to assert American claims wherever
+British influence was still felt.
+
+Still farther west lay an almost unknown region of imperial dimensions.
+Save where venturesome pioneers had pushed up the Arkansas and the
+Missouri, and where the Spaniards maintained their feeble hold in the
+Southwest, no white men inhabited the great prairies which swept
+westward to the foothills of the Rockies. Only nomadic Indian tribes and
+occasional traders followed the buffalo trails across this wide expanse.
+Between the Rocky Mountains and the Pacific was the region which Lewis
+and Clark had penetrated. Along the valley of the northern branch of the
+Columbia River, the Hudson's Bay Company had planted their trading
+posts. Farther to the south lay Spanish California and the ill-defined
+region to the eastward over which _presidios_ maintained a shadowy
+jurisdiction.
+
+On October 20, 1818, Benjamin Rush and Albert Gallatin, ministers to
+England and France respectively, concluded a convention with Great
+Britain which left the fate of the Oregon country in suspense for a
+period of ten years. To the British claims of prior discovery by Cook
+and Mackenzie and of prior occupation by the Hudson's Bay Company, the
+American commissioners opposed the claims based on the voyage of Captain
+Gray in 1792 and on the founding of Astoria by John Jacob Astor in 1811.
+It was finally agreed that the northern boundary of the United States
+should run from the Lake of the Woods to the Stony Mountains, along the
+forty-ninth parallel, and that the disputed country beyond the mountains
+should be occupied jointly for a period of ten years. An agreement was
+also reached regarding the Newfoundland and Labrador fisheries.
+
+On another frontier conditions existed to which Congress could not
+remain indifferent. East Florida was still a thorn in the side of
+Georgia and Alabama. The province had become a rendezvous for pirates,
+filibusters, renegade Indians, and runaway negroes. Creek warriors who
+would not submit to the loss of their lands had taken refuge with their
+kinsmen, the Seminoles, and were inciting malcontents of every stripe
+against the whites. A band of negroes, estimated at not less than a
+thousand in number, together with some Creek Indians, had taken
+possession of an abandoned fort on the Apalachicola and had terrorized
+the country for miles around. The Spanish commander at Pensacola was
+summoned to destroy this pirates' nest and to disperse the marauders;
+but he was either unable or unwilling to do so, and in 1816 a red-hot
+shot from a United States gunboat blew up the magazine of the negro
+fort, killing nearly three hundred men, women, and children. Early in
+1818, in equally summary fashion troops of the United States expelled a
+band of freebooters from Amelia Island.
+
+The slight regard which the United States paid to the territorial
+sovereignty of Spain in Florida sprang from a general conviction that
+Spain could not and would not observe the provisions of the Treaty of
+1795. Spain had then agreed to restrain the Indians living within her
+borders from attacking the citizens or Indians of the United States.
+President Monroe seemed to assume that Spain had forfeited her rights
+over Florida. At all events, he authorized General Andrew Jackson to
+assume command of the forces at Fort Scott and to call on the governors
+of adjacent States for militia to terminate the war. This order of
+December 26, 1817, was stated in dangerously broad terms. Jackson did
+not doubt for an instant that it authorized him to pursue the Indians
+into Florida. To his mind the time seemed opportune for the seizure of
+East Florida as an indemnity for the outrages committed by the
+Seminoles. He wrote to the President to this effect. "Let it be
+signified to me," said he, "through any channel (say Mr. J. Rhea) that
+the possession of the Floridas would be desirable to the United States
+and in sixty days it will be accomplished."
+
+To his dying day Jackson maintained that the President signified his
+approval through Congressman Rhea, of Tennessee. Monroe denied that he
+had read Jackson's letter until after the exploits which so nearly
+plunged the country into war with Spain. Whatever may be the truth of
+the matter, General Jackson acted in accord with what he believed to be
+the President's desires. With a thousand men he marched across the
+border and was soon in possession of St. Mark's. Among those who fell
+into his hands was Alexander Arbuthnot, a Scotch trader who was
+suspected of inciting the Indians. Continuing his march, Jackson
+surprised and captured Suwanee, another rendezvous of Indians and
+runaway negroes. Here he found Robert Ambrister, another British
+subject, who was also regarded as a suspicious character. Returning to
+St. Mark's, Jackson handed these two suspects over to a court martial,
+which found both guilty of giving aid and comfort to the enemy and of
+inciting or waging war against the United States. Arbuthnot was hanged
+from the yardarm of his own schooner; Ambrister was shot. The fall of
+Pensacola finished the campaign. By the end of May, 1818, Florida was in
+the possession of the troops of the United States and Jackson was on his
+way to Tennessee, the idol of his men and a national hero in the
+estimation of the people of the Southwest.
+
+The outcome of these exploits might easily have been war with both Spain
+and Great Britain. Don Luis de Onis, the Spanish Minister at Washington,
+immediately suspended the negotiations then in progress respecting the
+Floridas and made a spirited protest "against these acts of hostility
+and invasion." He demanded the immediate restitution of the places which
+had been seized, indemnity for all damage to property, and the
+punishment of General Jackson. As for Great Britain, Lord Castlereagh
+afterward said that, such was the temper of Parliament and the country,
+war might have been produced by holding up a finger and an address to
+the Crown carried by an almost unanimous vote.
+
+The Cabinet of President Monroe was divided over the course to be
+pursued. Calhoun insisted that Jackson had virtually committed an act of
+war, which should be promptly disavowed. But Adams held--and the
+President was inclined to side with him--that in reality Spain had been
+the aggressor, and that Jackson had not violated the spirit of his
+orders. In order to terminate the war, Jackson had been obliged to cross
+the Spanish line. He had not done so with the purpose of waging war upon
+Spain.
+
+[Map: Treaty with Spain 1819]
+
+Following a memorandum made by the President, Adams replied to Don Onis
+in this spirit. Later, in a masterly state paper, he set forth the
+intolerable conditions which obtained on the Florida frontier. The lax
+conduct of the Spanish authorities was held to justify the aggressive
+measures of Jackson. The United States was prepared to restore Pensacola
+and St. Mark's whenever Spain should give guaranties for the observance
+of treaty obligations. So far from consenting to punish Jackson, the
+United States demanded the punishment of those Spanish officials who had
+so flagrantly violated the obligations of the Treaty of 1795. "Spain
+must immediately make her election either to place a force in Florida at
+once adequate for the protection of her territory and to the fulfillment
+of her engagements, or cede to the United States a province of which she
+retains nothing but the nominal possession." This latter alternative,
+indeed, the Administration never lost from view.
+
+Confronted by the revolt of all her American colonies, Spain could
+hardly resist this insistent pressure upon a province which she could
+neither govern nor defend. On February 22, 1819, Don Onis set his hand
+to a treaty which ceded the Floridas in return for the assumption by the
+United States of claims of American citizens against her to an amount
+not exceeding $5,000,000. The treaty contained also a definition of the
+boundary between Spanish and American possessions on the North American
+continent. Beginning at the mouth of the Sabine River, the line ran
+along that river to the thirty-second parallel; thence due north to the
+Red River, which it followed to the hundredth meridian; thence north to
+the Arkansas and along that river to its source; thence to the
+forty-second parallel, which it followed to the Pacific. As the United
+States renounced all claims to the west and south of this boundary, so
+Spain surrendered whatever shadowy title she had to the Northwest.
+
+The ratification of the Florida Treaty was delayed by the attempt of the
+Spanish Crown to grant extensive tracts to certain grandees, and by the
+vigorous opposition of Henry Clay in the House of Representatives. The
+treaty seemed to him a bad bargain. "What do we get?" he cried. "We get
+Florida loaded and encumbered with land grants which leave scarcely a
+foot of soil for the United States. What do we give? We give Texas free
+and unencumbered, and we surrender all our claims on Spain for damages
+not included in that five millions of dollars." He challenged the right
+of the President and Senate to alienate territory without the consent of
+the House. Behind Clay's opposition lay some personal pique against the
+President and his Secretary of State; but he voiced, nevertheless, the
+spirit of the Southwest, which already looked toward Texas as a possible
+field of expansion and resented its surrender.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     The westward movement is described in various chapters of volumes
+     IV and V of McMaster, _History of the People of the United
+     States_. The significance of the movement is best explained in F.
+     J. Turner, _Rise of the New West, 1819-1829_ (in _The American
+     Nation_, vol. 14, 1906), which contains also excellent chapters on
+     the social and economic life of the different sections of the
+     country. The highways and waterways to the West are described in
+     A. B. Hurlbert, _Historic Highways of America_ (10 vols.,
+     1902-05). A summary account of the development of transportation
+     is given in J. L. Ringwalt, _Development of Transportation Systems
+     in the United States_ (1888). Among the biographies which
+     contribute materially to an understanding of the new West may be
+     mentioned Theodore Roosevelt, _Thomas H. Benton_ (1887), and James
+     Parton, _Life of Andrew Jackson_ (3 vols., 1860). Edward
+     Eggleston, _The Circuit Rider_ (1888), and the _Autobiography of
+     Peter Cartwright_ (1856), touch upon important aspects of frontier
+     life. The importance of the German element in American history is
+     admirably set forth in Faust, _The German Element in the United
+     States_ (2 vols., 1909). The spread of New Englanders in the West
+     is described by L. K. Mathews, _The Expansion of New England_
+     (1909). The diplomatic negotiations which resulted in the cession
+     of Florida are reviewed by F. E. Chadwick, _The Relations of the
+     United States and Spain_ (1909).
+
+
+
+
+CHAPTER XV
+
+HARD TIMES
+
+
+The phrase "era of good feelings" applied to the Administration of
+President Monroe is a misnomer. It is descriptive neither of politics
+nor of business and industry, for the historic Democratic party was all
+but rent by bitter personal animosities, and the country was prostrated
+by a severe industrial crisis.
+
+The first symptoms of hard times appeared in the early months of the
+year 1819. Undoubtedly the causes of the crisis were world-wide; but
+local conditions go far to explain the industrial collapse in the United
+States. All indications point to the conclusion that the country was
+experiencing the inevitable reaction from a period of too rapid
+commercial expansion and of unsound speculation. The high prices of
+commodities after the war had given a sort of fictitious prosperity to
+industry and trade, and had encouraged unduly the spirit of commercial
+enterprise. On credit easily secured from wild-cat banks, the Western
+pioneer had bought lands beyond the purchasing power of his own meager
+capital; and the speculator in turn had borrowed money to secure title
+to lands which he would unload upon unsuspecting settlers. State banks
+had met these demands by liberal issues of notes which were imperfectly
+covered by their specie reserves. It needed only a sudden demand for
+liquidation to cause widespread distress.
+
+The unwise management of the National Bank may have contributed to the
+approaching disaster. The branch banks in the South and West had loaned
+freely, issuing notes which were payable at any branch of the National
+Bank. Capital was thus diverted from the East to sections of the country
+where there was least conservatism in banking. In 1818, the directors of
+the Bank became alarmed at the excessive expansion of credit, and issued
+instructions which compelled the redemption of notes at the bank where
+they were issued. At the same time the branch banks curtailed their
+loans. This sudden reversal of policy caused a fearful pressure which
+was transmitted from creditor to debtor all along the line.
+
+Every sufferer by the panic was disposed to blame the National Bank for
+his misfortunes, particularly as it was common rumor that the directors
+of the Bank had speculated in its stock and had used their influence to
+cripple local banks. Congress had been obliged to take cognizance of
+these charges and to appoint a committee to investigate the condition of
+the institution. On the report of this committee, in January, 1819, the
+stock of the Bank fell from 140 to 93. The investigation revealed
+nothing worse than mismanagement; but a vigorous effort was made in
+Congress to revoke the charter.
+
+The widespread hostility of the West and South toward the National Bank
+was born at this time. Everywhere it was known as "the Monster." State
+after State passed acts to tax the branch banks out of existence. The
+decision of Chief Justice Marshall, to be sure, in the famous case of
+_M'Culloch_ v. _Maryland_, declared emphatically that the States had no
+constitutional power to tax the branches of an institution chartered
+under the laws of the United States; nevertheless, the legislature of
+Ohio deliberately levied such a tax, and when resistance was offered to
+its collection, withdrew the protection of the State from the branch
+banks. Feeling themselves the victims of the money power, the people in
+many of the Western States resorted to the remedies which were broached
+during hard times under the Confederation. Kentucky became notorious by
+reason of its laws in behalf of the debtor class. In every Western State
+there was a disposition to seek shelter from the operation of federal
+law behind the aegis of State rights. The people of these newer
+communities were slow to accept the force of precedent in cases decided
+by the federal courts. Andrew Jackson voiced this feeling when he became
+President. "Mere precedent," said he, "is a dangerous source of
+authority, and should not be regarded as deciding questions of
+constitutional power, except where the acquiescence of the people and
+the States can be considered as well settled."
+
+That there was much real suffering during this panic admits of no doubt.
+Niles estimated that not less than twenty thousand persons were seeking
+employment in Philadelphia in the summer of 1819, and quite as many
+wandering in the streets of New York looking for work. In both cities
+soup-houses were established by private charitable societies to relieve
+distress in the following winter. In the city of New York, during the
+year 1816, over nineteen hundred unfortunates were imprisoned for debt;
+and of these, over seven hundred owed less than twenty-five dollars.
+
+But it was not merely the city dweller who felt the pinch of poverty.
+Thousands of Western settlers who had purchased land under the Act of
+1800, which permitted deferred payments, found themselves insolvent.
+More than $21,000,000, one fifth of the national debt, remained unpaid
+in the year 1820. To the importunities of these debtors Congress had
+yielded from time to time, but it was not until 1821 that it passed the
+first general relief act. Those who had not completed their payments
+within the prescribed five years were then permitted to give up the land
+which they had not paid for, and to apply the payments already made to
+the full purchase of the lands which they retained. Arrears of interest
+were remitted.
+
+In 1820, Congress passed an act which wrought a far-reaching change in
+the disposal of the public domain. The credit system was abolished
+outright. After July 1, 1820, land was to be sold for cash at a minimum
+price of a dollar and a quarter an acre, and in eighty-acre tracts. A
+payment of one hundred dollars, then, would make a settler the owner of
+eighty acres in his own right. The prospect of actual ownership of a
+small tract made him far less ready to listen to the voice of the
+tempter in the form of the speculator, who had heretofore lured him to
+make larger purchases on credit than he could ever pay for by the labor
+of his hands.
+
+In the midst of this period of financial depression, the Territory of
+Missouri applied for admission into the Union. On February 13, 1819,
+while an enabling act was under consideration in the House of
+Representatives, James Tallmadge, of New York, moved an amendment which
+touched Southern interests to the quick. "_And provided_, That the
+further introduction of slavery or involuntary servitude be prohibited,
+except for the punishment of crimes, whereof the party shall have been
+duly convicted; and that all children born within the said State, after
+the admission thereof into the Union, shall be free at the age of
+twenty-five years."
+
+[Map: Distribution of Slaves 1820]
+
+This bold attempt to prevent the spread of slavery provoked a brief but
+momentous debate. Clay left the Speaker's chair to remonstrate, "in the
+name of humanity," against a policy which could result, he believed,
+only in the misery of the slaves of the South. The lot of the negro
+would be vastly improved if the unfortunate people were more widely
+dispersed. Taylor, of New York, called this a specious plea. "It is that
+humanity," said he, "which seeks to palliate disease by the application
+of nostrums, which scatter its seeds through the whole system." To open
+the West to slavery would be simply to create an additional demand for
+the importation of slaves. Of those Southern Representatives who took
+part in this debate, not a man posed as the defender of slavery in the
+abstract. Barbour, of Virginia, frankly admitted that slavery "like all
+other human things is mixed with good and evil--the latter, no doubt,
+preponderating." And Johnson, of Kentucky, maintained that though
+slavery might be a necessary evil, "not incompatible with true
+religion," even so "slavery must still be a bitter draught."
+
+What rankled in the breasts of all Southern men was the insinuation that
+their social system was founded on hypocrisy and tyranny. Tallmadge
+commented with biting sarcasm on the willingness of Southern gentlemen
+to contribute to missionary enterprises for the uplifting of the
+Hottentots and Hindus, and their determination to keep their African
+slaves in ignorance. And his colleague contrasted the plantations,
+overrun with weeds on one side of Mason and Dixon's line, with the
+cultivated farms on the other: in Pennsylvania, he observed "a neat,
+blooming, animated, rosy-cheeked peasantry"; in Maryland, "a squalid,
+slow-motioned black population." These were barbed shafts which left
+sore wounds.
+
+When the Union was formed, African negroes were held in servitude in
+all but two of the States. At the time of this debate, slavery had been
+abolished, or was on the way to ultimate extinction, in every State
+north of Maryland and Delaware. Climate rather than humanitarian
+considerations sealed the fate of slavery at the North; and climate, in
+the last analysis, fastened African slavery on the South. As the South
+became committed to the raising of a staple, and that staple cotton, the
+negro was regarded as an indispensable factor in plantation economy.
+There were far-sighted individuals, it is true, who deprecated slavery
+on humanitarian grounds; but they were, for the most part, citizens of
+border States where the profitableness of negro labor was less apparent.
+Even in these communities opposition to slavery was tempered by dread of
+what emancipation might bring in its train. The history of Santo Domingo
+revealed the hideous possibilities of a negro insurrection. No father of
+a family could contemplate with equanimity the proximity of a large body
+of free, semi-civilized blacks. For a time even prominent slaveholders
+favored the aims of the Colonization Society which proposed to deport
+emancipated blacks to the African coast. So late as 1820 the Governor of
+Virginia recommended an appropriation by the legislature for the
+emancipation and removal of the negroes.
+
+Although slavery was a local institution, and regulated by state law,
+its existence was recognized by the Federal Convention of 1787. The
+arrangement which obtained under the old Confederation, whereby five
+slaves were to count as three whites in apportioning representation and
+taxes, was continued; the mutual obligation of the States to return
+fugitives from justice and labor was distinctly stated in the
+Constitution; and the slave trade was permitted to continue at least to
+the year 1808.
+
+In 1793, Congress had met its constitutional obligations by enacting a
+law for the return of fugitive slaves; and in 1794, Congress passed an
+act--"the first national act against the slave trade"--which prohibited
+all trade in slaves from the United States to any foreign country. By
+the opening of the new century all the States had forbidden the
+importation of slaves from abroad. But in 1803, South Carolina again
+legalized the slave trade; and in 1805, Congress after a brief
+interdiction removed all restrictions upon the importation of slaves
+into the Louisiana Territory. The slave trade at once assumed alarming
+proportions. It was officially stated that between 1803 and 1807, 39,075
+negroes were brought into the port of Charleston. Eighteen hundred of
+these unfortunate blacks were imported in American vessels. One half of
+the consignees of these slavers were Americans, of whom thirteen were
+natives of Charleston and eighty-eight of Rhode Island.
+
+This traffic, coupled with the alarm caused by negro insurrections in
+the West Indies, prepared the public mind for positive action, as the
+year approached when Congress might constitutionally prohibit the
+foreign slave trade. The Act of March 2, 1807, however, only partially
+met the expectations of the anti-slavery people. The African slave
+trade was forbidden, but negroes illegally imported were to be disposed
+of as the legislatures of the several States should determine. There was
+reason to fear that the Southern States would neglect to legislate on
+this important matter, and that the act would be indifferently enforced.
+Moreover, the coastwise slave trade for purposes of sale was not
+interdicted, but forbidden only in vessels under forty tons burden.
+
+That the Act of 1807 did not prevent the African slave trade was patent
+to every one who knew conditions in the Southern Seaboard States; but
+the extent of this traffic can only be surmised. During the debates on
+the Missouri Bill, Tallmadge stated that fourteen thousand negroes had
+been brought into the country within the last year, and the statement
+was not challenged.
+
+When the Missouri controversy was renewed in the session of December,
+1819, the number of free States equaled the number of slave States. The
+addition of a twenty-third State, then, would unsettle the equilibrium
+between the sections in the Senate. A growing antagonism based upon
+widely different economic and social organizations was coming to be
+felt--felt rather than clearly perceived and openly recognized. In the
+year 1800, the two sections had been nearly equal in population; in
+1820, the North outnumbered the South by over half a million. This
+disparity in numbers had a direct political significance, for the
+national House of Representatives was beyond all question controlled by
+the delegations from the free States. No great prescience was needed to
+warn the South that in self-defense it must maintain the even balance
+of sections in the Senate. The contest for Missouri was therefore
+essentially "a struggle for sectional domination."
+
+The Tallmadge amendment was passed by the House, but rejected by the
+Senate, after a heated debate which convinced Southern statesmen that
+there was a distinct anti-slavery sentiment at the North. The
+adjournment of Congress threw the whole controversy into the crucible of
+public opinion. The latent hostility of men and women with humanitarian
+sympathies was at once raised to white heat. Mass meetings in city,
+town, and county passed resolutions against the spread of slavery and
+the admission of more slave States. Yet it can hardly be said that the
+public conscience was deeply touched. The leaven of abolitionism had to
+work many years before it could produce results in politics.
+
+The whole question assumed a new guise when Congress met in December,
+1820. The people of Maine had held a convention and formed a
+constitution, and were now applying for admission as a State. Here was a
+free State which would offset Missouri if it were admitted as a slave
+State. When the House passed a bill to admit Maine, the Senate promptly
+attached to it, as a "rider," a bill for the admission of Missouri
+without any prohibition of slavery. It was to this bill that Senator
+Thomas, of Illinois, representing a constituency divided against itself
+on the subject of slavery, offered an amendment in the nature of a
+compromise. He would admit Missouri as a slave State, but prohibit
+slavery forever in the rest of the old Province of Louisiana north of
+36 deg. 30'. The Senate accepted this amendment and sent the bill to the
+House. Here the original Maine Bill was stripped of the rider and the
+Thomas amendment by large majorities. Shortly after this vigorous
+assertion of independence, the House passed a bill for the admission of
+Missouri with the prohibition of slavery. The deadlock seemed complete.
+
+The constitutional aspects of the problem called forth some exceedingly
+able argumentation. Those who favored imposing a restriction upon
+Missouri argued, plausibly enough, that as Congress was given the power
+to admit new States, so it was fully warranted in exercising discretion
+and refusing to admit. Precedents existed for imposing restrictions.
+Three States carved out of the Northwest Territory had been admitted on
+condition that their constitutions should not be repugnant to the sixth
+article of the Ordinance of 1787. The State of Louisiana had been
+admitted under explicit conditions. It was fully competent for Congress,
+by virtue of its authority over Territories, to regulate all the stages
+in the process of framing a constitution, and then to give or to
+withhold its approval.
+
+The most brilliant argument on the other side was made by William
+Pinkney, of Maryland. Conceding that the power of Congress was
+discretionary, he insisted that Congress might not exact terms which
+would interfere with the results to be accomplished. "What, then," he
+asked, "is the professed result? To admit a State into this Union. What
+is that Union?... An equal Union between parties equally sovereign....
+It is into that Union that a new State is to come. By acceding to it
+the new State is placed on the same footing with the original States....
+If it comes in shorn of its beams--crippled and disparaged beyond the
+original States--it is not into the original Union that it comes.... The
+first was a Union _inter pares_; this is a Union between _disparates_,
+between giants and a dwarf, between power and feebleness, between full
+proportioned sovereignties and a miserable image of power."
+
+Yet there were Senators and Representatives from the North who would not
+be diverted from the discussion of the larger sectional and ethical
+issues involved in the extension of slavery. Chief among these was Rufus
+King, who then represented New York in the Senate. His cogent arguments
+made a profound impression. "The great slaveholders in the House," Adams
+wrote in his journal, "gnawed their lips and clenched their fists as
+they heard him."
+
+[Map: House Vote on the Missouri Compromise March 2, 1820]
+
+Meantime, a joint committee of conference was endeavoring to reconcile
+the differences between the House and the Senate. The House was put at a
+disadvantage by the approach of March 4--when the consent of
+Massachusetts to the admission of Maine would expire. It was finally
+agreed that the Senate should pass the bill admitting Maine as a
+separate measure, while the House should accept the Missouri Bill with
+the Thomas amendment. Missouri, in short, was to come in as a slave
+State, but slavery was forever prohibited in the rest of the Louisiana
+Purchase north of her southern boundary. An analysis of the voting in
+the House of Representatives reveals no clear-cut sectional divisions,
+though it forecasts a time when slavery might split parties along
+sectional lines. In New England and the Middle States public opinion had
+not yet crystallized into inflexible opposition to the spread of
+slavery; but the Northwest was distinctly in favor of a restriction upon
+Missouri. The Southwest and the South were a unit in desiring the
+admission of Missouri as a slave State.
+
+In the fall of 1820, the Missouri question in another form returned to
+vex Congress. When the constitution of the State was presented to
+Congress, it was found to contain a clause which excluded free negroes.
+Again the two houses locked horns. Passions rose again. The work of the
+preceding session seemed about to be undone. But under the persuasive
+leadership of Henry Clay, a joint committee elaborated a resolution
+which was acceptable to both houses. Missouri was to be admitted on the
+express condition that the offending clause in her constitution should
+never be construed so as to authorize the passing of any law by which
+any citizen of any of the States of the Union should be deprived of his
+privileges and immunities under the Federal Constitution. The
+legislature of Missouri was to give its solemn consent to this
+fundamental condition. Then, and not until then, the President was to
+declare Missouri a member of the Union. The State complied with the
+requirement, though in the same breath protesting that all this was an
+empty form, since Congress could not thus bind a State. On August 10,
+1821, President Monroe declared Missouri a State of the Union.
+
+In the midst of this exciting controversy, Monroe was reelected
+President. Nowhere but in Pennsylvania was there any serious opposition.
+Old distinctions of party had so far disappeared that the venerable
+ex-President John Adams was chosen as a presidential elector in
+Massachusetts, and voted with his fourteen colleagues--who were half
+Federalists and half Democrats--for James Monroe. In the electoral count
+Monroe lacked only a single vote of a unanimous election.
+
+When the electoral vote was about to be counted, an embarrassing
+question arose with regard to the vote of Missouri. As the State had not
+yet complied with the condition imposed by Congress, its right to vote
+was challenged. Again Clay appeared in his role of compromiser. The
+delicate question was adroitly avoided by having the President of the
+Senate announce the electoral vote with and without the votes of
+Missouri. At last the Missouri question was disposed of; but words had
+been uttered which could not be recalled; and wounds had been inflicted
+which left scars. The South could never quite forget that it had been
+charged with conniving at crime in maintaining slavery. "You have
+kindled a fire," said Cobb, of Georgia, to Tallmadge, "which all the
+waters of the ocean cannot put out, which seas of blood only can
+extinguish."
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     An account of the crisis of 1819 is contained in F. J. Turner's
+     _Rise of the New West_ (in _The American Nation_, vol. 14, 1906);
+     a shorter and less satisfactory account in A. M. Simons's _Social
+     Forces in American History_ (1911). Much information may be
+     gleaned from the pages of McMaster's history. Detailed information
+     must be sought in the special studies already cited, such as R. C.
+     H. Catterall, _The Second Bank of the United States_ (1903), and
+     P. J. Treat, _The National Land System, 1785-1820_ (1910). From
+     the vast literature dealing with slavery and the slavery
+     controversy, the following titles may be selected as especially
+     important: W. E. B. DuBois, _The Suppression of the African
+     Slave-Trade to the United States of America, 1638-1870_ (1896); W.
+     H. Collins, _The Domestic Slave-Trade_ (1904); A. B. Hart,
+     _Slavery and Abolition_ (in _The American Nation_, vol. 16, 1906);
+     N. D. Harris, _The History of Negro Servitude in Illinois_ (1904);
+     E. R. Turner, _The Negro in Pennsylvania_ (1911); and a number of
+     monographs in the Johns Hopkins University _Studies_. All the
+     larger histories discourse with great particularity upon the
+     Missouri controversy. Contemporary views of the congressional
+     struggle are presented in J. Q. Adams's _Memoirs_, and in T. H.
+     Benton's _Thirty Years' View; or, A History of the Working of
+     American Government, 1820-1850_ (2 vols., 1854).
+
+
+
+
+CHAPTER XVI
+
+THE NATIONAL AWAKENING
+
+
+There is a measure of truth in speaking of the War of 1812 as a second
+war of independence. In throwing off the shackles of British commercial
+ascendency, American society experienced much the same sense of elation
+and liberation as the peoples of Europe who contemporaneously rose in
+their might against Napoleon and asserted their right to independent
+national existence. The war was followed in the United States by an
+expansion of the vital forces of the nation in all directions. The
+earliest manifestations of this new national consciousness, however,
+were characteristically boisterous. An English traveler, who visited the
+United States soon after the war, found every man, woman, and child
+talking about the Guerriere, the Java, the Macedonia, the Frolic, Lake
+Erie, Lake Champlain, and the "vast inferiority of British sailors and
+soldiers to the true-blooded Yankees." The events of the war were
+commemorated in songs which this Briton declared--and no doubt
+truthfully--to be "frothy, senseless bombast." But whatever limitations
+of culture were disclosed by this outburst of national conceit, no one
+could doubt for an instant that an exuberant vitality was coursing
+through the veins of the nation.
+
+It was a fair question, however, whether this national feeling would
+find expression in any permanent literary form. A literature of its own
+America did not possess: every one with literary tastes was forced to
+this humiliating admission. Writing from Berlin in 1801, John Quincy
+Adams hailed the first number of Dennie's _Port Folio_ with delight.
+"The object," he declared, "is noble. It is to take off that foul stain
+of literary barbarism which has so long exposed our country to the
+reproach of strangers and to the derision of our enemies." But the
+periodical had a very limited circle of readers, and its literary merits
+were slight. The _Anthology and Boston Review_, founded in 1805, had a
+wider influence upon letters in America; but it is memorable chiefly as
+the forerunner of the _North American Review_, modeled upon the English
+quarterlies, which was first published by William Tudor, in the year
+1815, at Boston.
+
+The publication of American books at this time was a hazardous
+enterprise. "The successful booksellers of the country," wrote one who
+recalled his own experiences in the book trade, "were for the most part
+the mere reproducers and sellers of English books." Yet American
+publishers often showed commendable enterprise. In 1817, Byron's
+_Manfred_ was received, printed, and published at Philadelphia in a
+single day. Walter Scott, Moore, Miss Edgeworth, Miss Porter, and Lord
+Byron were the favorite British novelists and poets whose writings were
+reprinted in America. Among the American publications advertised by
+booksellers, were sermons, geographies, and schoolbooks; but rarely any
+productions which belonged to the category termed by contemporaries
+_belles-lettres_.
+
+The slender literary product of the United States from 1815 to 1830 is
+contained in magazines rather than in books. Prose and verse which could
+never have found a publisher separately appeared in periodicals of every
+description. Most of these were ephemeral publications. The more serious
+reviews, like the _American Biblical Repository_, the _American Law
+Journal_, and the religious reviews, had a longer life; but the lighter
+magazines, like the _Ladies' Literary Cabinet_, the _Young Ladies'
+Parental Mentor_, and the _Casket: or Flowers of Literature, Wit, and
+Sentiment_, rose and fell on the fickle tide of public taste. Even the
+West had its magazines. Lexington, Kentucky, which disputed with
+Cincinnati the proud title, "Athens of the West," published the _Western
+Review_, one number of which contained a review of _Don Juan_ within six
+weeks after the poem was published in England.
+
+In the September number of the _North American Review_, in 1817,
+appeared an original poem of such merit as to mark an era in the history
+of American verse. There was in William Cullen Bryant's _Thanatopsis_,
+it is true, no such youthful exuberance of feeling as the first
+stirrings of poetic genius in a new world might be expected to exhibit.
+The sense of refined form seemed almost un-American; yet there are lines
+in the poem which suggest the primeval background of American life and
+its influence upon the American mind. In 1819 appeared Washington
+Irving's _Sketch-Book_--the first American book which was widely read
+in England; and in 1821, Cooper published _The Spy_, which was the first
+to win favor on the Continent. Both Cooper and Irving were more or less
+conscious imitators of English prose writers, the one of Scott and the
+other of Addison; and they lacked consequently that originality which
+critics have always demanded as the hall-mark of a genuinely native art.
+It is easy to forget, however, that the Americans were not a primitive
+people. They were folk with a literary inheritance, of which albeit they
+often showed little knowledge. It was not for them to invent new forms,
+but to press new wine into old bottles. Of Irving, moreover, it should
+be said that he drew freely upon a vein of delicious humor, as in his
+_Knickerbocker History of New York_, which may be truly characterized as
+American.
+
+The annals of American art in these years are even more bare. Benjamin
+West, to be sure, was born in Pennsylvania, but he achieved eminence in
+England. That he could succeed Sir Joshua Reynolds as President of the
+Royal Academy was a tribute to his fame, but equally convincing proof
+that he had ceased to be identified with the land of his nativity.
+Gilbert Stuart owed much to West, but his return to America in 1792
+saved him from complete subservience to English models. As a portrait
+painter he developed power and individuality. Posterity may well be
+grateful that the portraits of Washington, Jefferson, and Madison were
+painted with fidelity to nature as Stuart saw it, rather than in the
+grandiose manner of West. Two other names, Malbone and Allston, deserve
+brief mention. The one achieved some distinction as a painter of
+miniatures; the other is remembered both as artist and man of letters in
+the literary circle which was forming about Boston. The name of Jonathan
+Trumbull completes the list of American artists. What David was to the
+great actors in the revolutionary drama in France, Trumbull was to the
+notable characters of the American Revolution. In his conception of his
+themes he was perhaps the most genuinely American painter of his time.
+
+In the pages of his autobiography, Trumbull recounts an interview with
+his father which may take the place of any further comment on the dearth
+of artistic feeling in the United States. The young man was arguing
+passionately for his vocation. The father, a typical Yankee, listened
+with commendable patience, and complimented the lad when he had
+finished. "'But,' added he, 'you must give me leave to say, that you
+appear to have overlooked, or forgotten, one very important point in
+your case.' 'Pray, sir,' I rejoined, 'what was that?' 'You appear to
+forget, sir, that _Connecticut is not Athens_'; and with this pithy
+remark, he bowed and withdrew, and nevermore opened his lips upon the
+subject. How often have those few impressive words recurred to my
+memory."
+
+The names of Bryant, Cooper, and Irving are linked with the city of New
+York which enjoyed for a brief time that primacy in the world of
+American letters which it was fast acquiring in commerce. The center of
+literary and scholarly activity in the next generation was Boston,
+where the New England renaissance began. In this revival of letters
+Harvard College had a notable part. In 1806, John Quincy Adams was
+appointed Professor of Rhetoric and gave a course of lectures which
+moulded the taste of that school of orators to which Edward Everett
+belonged--a school of oratory which found its models in Demosthenes and
+Cicero. Everett became Professor of Greek in 1815; and George Ticknor,
+Professor of Belles-Lettres in 1816. Prescott graduated in 1814, Palfrey
+in 1815, and George Bancroft in 1817,--all three to add to American
+historiography works of enduring excellence. In 1817, young Ralph Waldo
+Emerson entered college.
+
+It was Boston, however, rather than Harvard College, which
+created the atmosphere that these young scholars--all from Boston
+families--breathed: for the Athenaeum, the American School of Arts and
+Sciences, and the Massachusetts Historical Society had begun to exercise
+an increasing influence on the younger generation. Harvard College, like
+all colleges of the day, was hardly more than a species of higher
+academy whither boys went at a tender age to continue their study of the
+classics and mathematics, and incidentally to cultivate rhetoric and
+_belles-lettres_.
+
+The liberation of the American mind from time-honored traditions and
+conventions appeared markedly in the ecclesiastical revolts and
+religious revivals of the age. Unitarianism took its rise quite as much
+in protest against the teaching of Calvinism, that man was brought into
+the world hopelessly depraved, as against the orthodox conception of
+Christ's nature. The definite separation of Unitarianism from
+Congregationalism dates from 1815 when William E. Channing published his
+memorable letter to the Reverend Samuel C. Thacher. The writings of
+Buckminster, Channing, and other theological liberals have a distinct
+place in the annals of American intellectual life. Universalism also
+took its rise at this time and spread with remarkable rapidity under the
+lead of Hosea Ballou. In western Pennsylvania and Virginia, the
+Campbells, father and son, led a departure from the established
+Presbyterian order. The Society of Friends was also rent by the
+teachings of Elias Hicks.
+
+Revivals had been a recurring feature of New England religious life
+since the latter years of the seventeenth century. That they stimulated
+many forms of religious activity appears in the annals of missionary
+enterprises at home and abroad. In 1810 the American Board of Foreign
+Missions and in 1814 the American Baptist Missionary Union were founded.
+In 1812 four young missionaries went out to India; and five years later
+other devoted young men began their labors among the Cherokees and
+Choctaws of the Southwest. There is something at once heroic and
+pathetic in the humanitarian zeal of a people, whom Europeans still
+regarded with disdain, to carry to the remote ends of the earth a
+Christian civilization which they had themselves hardly attained. But an
+incomprehensible idealism has from first to last been interwoven in the
+texture of American character.
+
+After the cessation of European wars the United States stood singularly
+aloof from the Old World, yet in the affairs of South America they did
+not cease to take a lively interest. The successive revolutions by which
+the provinces of the Rio de la Plata, Chili, Peru, Colombia, Brazil, and
+Mexico threw off the yoke of Spain woke a thrill in the people of the
+United States, for they thought they saw the events of their own
+revolution repeated in the exploits of San Martin and Bolivar. To the
+imagination of Henry Clay, this was a sublime spectacle--"eighteen
+millions of people struggling to burst their chains and be free." He
+would have had the United States recognize these sister republics and
+join hands with them in forming an American system independent of
+Europe. And when the Administration hesitated, he exclaimed: "We look
+too much abroad. Let us break these commercial and political fetters;
+let us no longer watch the nod of any European politician; let us become
+real and true Americans, and place ourselves at the head of the American
+system."
+
+The conception of an American system did not originate in the ardent
+mind of Henry Clay. It was as old as the Union itself. Foreign
+encroachment had been feared from the very birth of the nation. "You are
+afraid of being made the tool of the powers of Europe," said Richard
+Oswald to John Adams while peace negotiations were pending at Paris.
+"Indeed I am," rejoined Adams. "What powers?" asked Oswald. "All of
+them," said Adams; "it is obvious that all the powers of Europe will be
+continually manoeuvring with us to work us into their real or
+imaginary balances of power.... But I think that it ought to be our rule
+not to meddle." Washington's refusal to enter into an alliance with
+France and his firm insistence upon neutrality were inspired by this
+same fear. Jefferson's negotiations for the purchase of New Orleans were
+motivated by the fear that France, once in possession of the mouth of
+the Mississippi, would threaten the isolation of the United States and
+drive us into the arms of Great Britain. "Jefferson is an American,"
+Adet once said, with rare insight, "and by that title, it is impossible
+for him to be sincerely our friend. _An American is the born enemy of
+European peoples._"
+
+The corollary of the principle of non-intervention was abstention on the
+part of the United States from the affairs of Europe. Could the United
+States, then, recognize the colonies of Spain as independent republics
+without emerging from its traditional isolation? President Monroe would
+have been glad to recognize the South American republics even before
+they had demonstrated their ability to maintain their independence; but
+his cool-headed Secretary of State prevailed upon him to await further
+evidence. It was not until 1822, indeed, that the President recommended
+to Congress the establishment of missions in the new republics of South
+America. Spain protested emphatically against this action; but Adams,
+now sure of his ground, justified the action of the Administration by an
+appeal to facts. So long as Spain was attempting to reduce the colonies
+by arms, the United States had observed "the most impartial neutrality."
+But war had ceased, and the United States had "yielded to an obligation
+of duty of the highest order, by recognizing, as independent states,
+nations which, after deliberately asserting their right to that
+character, had maintained and established it against all the resistance
+which had been or could be brought to oppose it."
+
+In the year 1823, the traditional principles of American foreign policy
+were put to a severer test. Soon after the Congress of Vienna, that
+combination of the great powers was consummated which contemporaries
+usually but erroneously styled the Holy Alliance. Austria, Prussia,
+Russia, and Great Britain covenanted together to meet at fixed periods
+to consult upon their common interests and to consider the measures
+"most salutary for the repose and prosperity of nations, and for the
+maintenance of the peace of Europe." Three years later, France was
+admitted to the councils of these "self-appointed keepers of the world's
+peace." Innocent enough in its public professions, this association of
+the great powers was converted by Metternich of Austria, who had
+acquired a remarkable ascendency over the mind of his own sovereign and
+over that of the impressionable czar, into an instrument of reaction and
+repression, whenever and wherever the specter of revolution raised its
+head. Within a few years revolutionary uprisings occurred in Italy and
+Spain. The so-called legitimate sovereigns were driven from their
+thrones and constitutional governments were established. In successive
+congresses at Troppau and Laybach, the three powers, Austria, Russia,
+and Prussia, resolved to suppress these revolutionary movements. An
+Austrian army was commissioned to carry out this policy of intervention,
+as it was termed; and the King of the Two Sicilies was restored to his
+uneasy throne. Neither Great Britain nor France took part in these
+congresses. It now remained to chastise the revolutionists of Spain. At
+the Congress of Verona in 1822, the representative of Great Britain
+openly protested against any intervention in Spain. But again the three
+powers, now joined by France, resolved to restore the deposed Fernando
+VII. Early in the following year a French army crossed the Pyrenees and
+entered Madrid. It was commonly believed that the restoration of the
+monarchy was to be followed by a reduction of the revolted colonies and
+a restoration of the Spanish colonial empire.
+
+It was at this juncture that Canning, who had become the head of the
+British ministry, protested against the policy of intervention and
+sought for ways and means to make the protest effective. The one power
+whose traditions of liberty and whose interests in this particular
+seemed to be identical with those of Great Britain was the United
+States. In truth, their interests were far from being identical. Two
+years before, in a conversation with the British minister at Washington,
+the Secretary of State, in his most uncompromising manner, had
+challenged the right of Great Britain to the valley of the Columbia
+River or to any part of the Pacific Coast. And so recently as April of
+this critical year 1823, Adams had taken alarm at the appearance of a
+British naval force off the coast of Cuba and had warned the Government
+at Madrid that "the transfer of Cuba to Great Britain would be an event
+unpropitious to the interests of the United States." At the same time
+Adams stated his conviction that within half a century the annexation of
+Cuba to the United States would be "indispensable to the continuance of
+the Union itself." Coupled with this prophecy was the equally frank
+assurance that the United States desired to have Cuba and Porto Rico
+"continue attached to Spain"--for the present.
+
+[Map: Russian Claims in North America]
+
+It was in midsummer of this year, too, that Adams protested against the
+ukase of the czar which had asserted the claim of Russia to the Pacific
+Coast as far south as the fifty-first degree, and to a maritime
+jurisdiction one hundred Italian miles from the coast. Adams records in
+his diary that he told the Russian minister "that we should contest the
+right of Russia to _any_ territorial establishment on this continent,
+and that we should assume distinctly the principle that the American
+continents are no longer subjects for _any_ new European colonial
+establishments." The time had come when the United States was bound to
+take more than a sentimental interest in the affairs of Spanish America.
+The disintegration of the Spanish colonial empire not only invited the
+Intervention of European powers in the internal affairs of the new
+republics, but also exposed portions of the North American continent to
+their aggressions.
+
+On several occasions Canning conferred with Richard Rush, the minister
+of the United States resident in London, to ascertain whether his
+Government would join Great Britain in a public declaration against any
+"forcible enterprise for reducing the colonies to subjugation on behalf
+of or in the name of Spain; or which meditates the acquisition of any
+part of them to itself, by cession or by conquest." England had no
+designs upon the distant colonies of Spain, Canning asseverated; at the
+same time it "could not see any part of them transferred to any other
+power with indifference." Not trusting implicitly in Canning's altruism,
+Rush wisely suggested that Great Britain should first recognize the
+South American republics as a preliminary to a joint declaration. To
+this Canning would not commit himself; and Rush would not assume
+responsibility for a public declaration on any other conditions.
+
+On receiving the dispatches from Rush recounting these interesting
+conferences, President Monroe took counsel with the two Virginia
+oracles, Jefferson and Madison. Both advised him to meet Canning's
+overtures and to make common cause with Great Britain--the one nation,
+as Jefferson put it, which could prevent America from having an
+independent system and which now offered "to lead, aid, and accompany us
+in it." Monroe was disposed to follow this advice. He not only drafted a
+message to Congress upon these lines, but he went further and urged the
+recognition of Greek independence in a way which departed widely from
+the traditional aloofness which earlier Presidents had maintained in
+matters of European concern. On the other hand, Adams was decidedly of
+the opinion that Canning's invitation should be declined. He did not
+wish the country to appear "as a cock-boat in the wake of the British
+man-of-war." Moreover, Adams was considerably alarmed at the reactionary
+principles which the Russian ministry had avowed in a communication
+addressed to the minister at Washington. He urged the President to seize
+the occasion to make an explicit declaration of American principles.
+"The ground I wish to take," said he, "is that of earnest remonstrance
+against the interference of European powers by force with South America,
+but to disclaim all interference on our part with Europe; to make an
+American cause and adhere inflexibly to that."
+
+Yielding to his contentious Secretary of State, President Monroe
+redrafted his message to Congress. In its final form, December 2, 1823,
+this famous state paper contained the essential principles of what has
+come to be known as the Monroe Doctrine. It was asserted "as a general
+principle in which the rights and interests of the United States are
+involved that the American continents, by the free and independent
+condition which they have assumed and maintain, are henceforth not to be
+considered as subjects for future colonization by any European powers."
+The message expressly disclaimed any purpose to interfere in European
+politics; but respecting the affairs of the Western hemisphere a direct
+and immediate interest was frankly avowed. "The political system of the
+allied powers is essentially different in this respect from that of
+America." "We should consider any attempt on their part to extend their
+system to any portion of this hemisphere as dangerous to our peace and
+safety. With the existing colonies or dependencies of any European power
+we have not interfered and shall not interfere. But with the Governments
+who have declared their independence and maintained it, and whose
+independence we have, on great consideration and on just principles,
+acknowledged, we could not view any interposition for the purpose of
+oppressing them, or controlling in any manner their destiny, by any
+European power in any other light than as the manifestation of an
+unfriendly disposition toward the United States."
+
+The immediate effects of the message are not easily traced. It is not
+clear, even, that the favorable treaty made with Russia in the following
+year was the outcome of what Canning somewhat contemptuously styled "the
+new Doctrine of the President." Russia, it is true, agreed to waive her
+claims below fifty-four degrees forty minutes and to exclusive
+jurisdiction in Bering Sea; but the conflicting claims of England in the
+Northwest remained, and Canning predicted that England would "have a
+squabble with the Yankees yet in and about those regions."
+
+Later generations have read strange meanings into the message of
+President Monroe. Even contemporaries were not clear as to its import.
+Interpreted in the light of its origin, it was a candid announcement
+that the United States did not purpose to meddle in the affairs of
+European states or of their existing dependencies, and a protest against
+the increase of power of European states in America either by
+intervention or by new colonization.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     In the concluding volume of Henry Adams's _History of the United
+     States_ are excellent chapters on American literature, art, and
+     religious thought. W. B. Cairns's _On the Development of American
+     Literature from 1815 to 1833_ (1898) contains much interesting
+     information about periodicals. Barrett Wendell's _A Literary
+     History of America_ (1900) is full of pungent comment on early men
+     of letters. C. C. Caffin, _The Story of American Painting_ (1907),
+     and H. T. Tuckerman, _Artist-Life, or Sketches of American
+     Artists_ (1847), record the small achievements of American art.
+     John Trumbull's _Autobiography, Reminiscences, and Letters, from
+     1756 to 1841_ (1841), is a book of great interest. E. G. Dexter's
+     _A History of Education in the United States_ (1904) is an
+     excellent manual. The Unitarian Movement can be best followed in
+     J. W. Chadwick's _William Ellery Channing_ (1903). The history of
+     the various denominations may be found in volumes of the _American
+     Church History Series_. The genesis of Monroe's message is
+     described by F. J. Turner, _The Rise of the New West_(in _The
+     American Nation_, vol. 14, 1906), and F. E. Chadwick, _The
+     Relations of the United States and Spain_ (1909). Both of these
+     accounts are based on W. C. Ford, _John Quincy Adams: His
+     Connection with the Monroe Doctrine_ (in Massachusetts Historical
+     Society _Proceedings_, 1902). An excellent essay is that by W. F.
+     Reddaway, _The Monroe Doctrine_ (2d. ed., 1905).
+
+
+
+
+CHAPTER XVII
+
+THE NEW DEMOCRACY
+
+
+By the year 1824, the West had become a section to be reckoned with by
+those who were calculating their chances in the presidential race. Since
+the war six Western States had been admitted into the Union. The
+population west of the Alleghanies had increased by nearly a million and
+a half within a decade. The relative importance of this new section
+appears in the census returns. In 1790, less than six per cent of the
+total population lived west of the Alleghanies; in 1820, nearly
+thirty-two per cent were domiciled in this vast region. In the National
+Legislature the West had acquired notable weight. By the apportionment
+of 1822, it had forty-seven out of two hundred and thirteen members of
+the House; in the Senate, eighteen out of forty-eight. But these figures
+do not tell the whole tale. As Professor Turner has well said, rightly
+to estimate the weight of Western population we must add the people of
+western New York and of the interior counties of Pennsylvania, and of
+the trans-Alleghany counties of Virginia, as well as the people of the
+back-country of Maine, New Hampshire, Vermont, North Carolina, and
+Georgia. "All of these regions were to be influenced by the ideals of
+democratic rule which were springing up in the Mississippi Valley."
+
+[Map: Distribution of Population 1820]
+
+Economic conditions bred a democratic society in the West. What
+Gallatin said of Pennsylvania was true of the greater West: "An equal
+distribution of property made every individual independent and produced
+a true and real equality." The basal characteristic of the West was
+individual ownership of land; and the reaction of the sense of
+proprietorship upon individual character was the most significant fact
+in the history of its population. Intense individualism and rugged
+self-reliance were the salient characteristics of the Westerner. So far
+as he reflected upon his social relations, he believed in complete
+social equality. In numberless instances the pioneer had migrated to
+escape the social inequalities and depressing conventions of older
+communities; and he was not minded to encourage the reproduction of
+these conditions in his new home. "America, then, exhibits in her social
+state an extraordinary phenomenon," wrote De Tocqueville in his notable
+study of American democracy. "Men are there seen on a greater equality
+in point of fortune and intellect, or, in other words, more equal in
+their strength, than in any other country of the world, or in any age of
+which history has preserved the remembrance."
+
+Life on the frontier, where a man wrestled with the primitive forces of
+Nature and conquered by dint of his indomitable will, made the Westerner
+perhaps overconfident in his ability to deal with all obstacles in the
+way of human achievement and withal somewhat impatient under the
+restraints imposed by the more complicated social order in the older
+communities to the East. The sweep of the prairies and the wide horizon
+lines of the Middle West may have exercised a subtle influence upon
+temperament. At all events, the Westerner was buoyant and optimistic,
+taking large views of national destiny and of the possibilities of human
+achievement in a democracy.
+
+There was danger, indeed, that in cutting loose from the irritating
+restraints of the older communities, the people of the West would
+sacrifice much of the grace and many of the intellectual and spiritual
+refinements of an older civilization. "In this part of the American
+continent," observes De Tocqueville, "population has escaped the
+influence not only of great names and great wealth, but even of the
+natural aristocracy of knowledge and virtue." It seemed to two young New
+Englanders who traversed the vast region from the Western Reserve to New
+Orleans in 1813, in the interests of missionary societies, that the
+people were wrapped in spiritual darkness, "being ignorant, often
+vicious, and utterly destitute of Bibles and religious literature." The
+General Bible Society of the United States was founded in 1816 to dispel
+this irreligious gloom. Within five years this organization and its
+numerous auxiliaries had distributed one hundred and forty thousand
+Bibles and Testaments through the new States.
+
+Yet the irreligion of the West was painted darker than it really was.
+Methodism had struck root where other denominations could not thrive.
+Its methods and organization, indeed, were peculiarly adapted to a
+people which could not support a settled pastor. "A sect, therefore,
+which marked out the region into circuits, put a rider on each and bade
+him cover it once a month, preaching here to-day and there to-morrow,
+but returning at regular intervals to each community, provided the
+largest amount of religious teaching and preaching at the least
+expense." The Baptists, too, secured a footing in the new communities
+and labored effectively in creating religious ties between the old and
+the new sections of the country. In religion as in politics the people
+of the West were responsive to emotional appeals. The circuit rider,
+with his intense conviction of sin and his equally strong conviction of
+salvation through repentance, wrought great crowds in camp meetings into
+ecstasies of religious excitement. Odd religious sects and strange
+"isms" were to be found in the back-country. At New Harmony on the
+Wabash River were the Rappites, a sect of German peasants who came first
+to Pennsylvania under their leader George Rapp, and who afterward
+returned thither. At Zoar in Ohio was the Separatist community led by
+Joseph Baumeler. Shaker societies were formed at many places; and
+Mormonism was just beginning its strange history through the revelations
+of Joseph Smith in western New York.
+
+The intellectual horizon of the Western world was necessarily limited.
+Absorbed in the stern struggle for existence, the people had no leisure
+and no heart to enjoy the finer aspects of life. Education was a luxury
+which only the prosperous might possess. The purpose to make elementary
+education a public charge developed tardily. Outside of New England,
+indeed, a public school system did not exist. Throughout the older
+portions of the West the traveler might find academies and so-called
+colleges, but none supported at public expense. The State of Indiana,
+it is true, entered the Union with a constitution which made it the duty
+of the legislature to provide, as soon as circumstances permitted, "for
+a general system of education, ascending in a regular gradation from
+township schools to a State University, wherein tuition shall be gratis,
+and equally open to all." But years passed before circumstances
+permitted the realization of this ideal. Meantime, the prosperous
+planters of the Southwest employed tutors for their children, and the
+well-to-do farmers of the Northwest paid tuition for their boys at
+academies. But young Abraham Lincoln had to teach himself Euclid and to
+cipher on the back of a wooden shovel, by the flickering embers of a
+log-cabin fire.
+
+The new Commonwealths entered the Union as self-confessed democracies.
+In all the States formed after the War of 1812, with one exception,
+property qualifications such as prevailed in the older States were swept
+away and the right to vote was accorded to every adult white male. In
+Mississippi alone there was the additional qualification that a voter
+should be enrolled in the militia or have paid a state or county tax.
+Everywhere, too, the principle was accepted that representation should
+be based upon population and not upon property. The men who framed these
+new constitutions believed that they were establishing the rule of the
+people. It was, indeed, unthinkable that, believing themselves equal in
+all other respects, they should not accept the principle of political
+equality and popular sovereignty.
+
+There is evidence in these new constitutions, however, that the people
+placed less reliance in their legislative bodies than did the people of
+the Revolutionary era. Instead of general grants of legislative power,
+there are specific prohibitions and positive injunctions. Important
+limitations are imposed upon the form and mode of legislation. It is
+clear, too, that fear of an over-strong executive had given way to a
+belief in the necessity of having a stronger countervailing influence,
+capable of checking the legislative. Everywhere the governor was made
+elective directly by the people and given the veto power. The conviction
+was often expressed in constitutional conventions that the governor was
+peculiarly the representative of the people, a popular tribune who would
+protect them against the indiscretions of their legislative
+representatives. The extension of the elective principle to all
+important offices was accompanied also by a general conviction that life
+tenure of office is undemocratic. "Rotation in office," said Andrew
+Jackson, voicing a popular feeling, "is a cardinal principle of
+democracy."
+
+The spirit of Western democracy leavened also the older States. The
+people of Maine, breaking away from Massachusetts and her ancient
+ideals, boldly declared for manhood suffrage in their new constitution.
+Connecticut adopted a constitution in 1818 to replace the old charter,
+and dissolved the old union of Church and State by declaring that no
+preference should be given by law to any Christian sect or mode of
+worship. At the same time Connecticut extended the suffrage to all who
+served in the militia or paid a state tax. New York in the constitution
+of 1821 and Massachusetts by a constitutional amendment in the same
+year abandoned the old property qualifications for voting.
+
+In both Massachusetts and New York, conservative men like Chancellor
+Kent and Daniel Webster frankly avowed their apprehensions of universal
+suffrage. "The tendency of universal suffrage," said Kent in the New
+York convention, "is to jeopardize the rights of property, and the
+principles of liberty." He held society to be an association for the
+protection of property as well as of life, "and the individual who
+contributes only one cent to the common stock ought not to have the same
+power and influence in directing the property concerns of the
+partnership as he who contributes his thousands."
+
+The democratic movement affected not only the formal organization of
+State Governments, but also the machinery and methods of political
+parties. In the Northern States there was increasing dissatisfaction
+with the practice of nominating candidates for office by legislative
+caucus. The rank and file of the parties were no longer willing to
+submit blindly to the dictation of leaders. In deference to party voters
+in districts which were not represented by men of their political faith,
+the leaders of the respective parties now found it expedient to summon
+special delegates to their party conclaves, in order to give a more
+truly representative character to the organization of party. The
+legislative caucus, in short, gave way to the mixed caucus.
+
+[Map: States Admitted to the Union between 1812 and 1821]
+
+But the old vice remained. The selection of candidates for office was
+still made by those who had no mandate to act for the party except in
+a legislative capacity. If the voters of the party were in truth the
+source of authority within the party, then a means had to be devised of
+ascertaining their will. The democratic principle, in short, had to be
+applied to party. In response to this feeling, mass meetings and
+irregular conventions were held; but these methods of securing an
+expression of party opinion were only transitional. Indeed, so long as
+the means of communication were defective, popular gatherings were
+necessarily poorly attended. The next step in the democratization of
+party organization could only be taken when the barriers of space were
+overcome by the application of the steam engine to transportation. The
+nominating delegate convention waited on the development of
+transportation.
+
+Much the same popular hostility was directed against the congressional
+caucus. Candidates for the presidential nomination were not blind to
+this movement, and for the most part they sought other means of
+promoting their chances. Monroe had hardly entered upon his second term
+when state legislative caucuses began to nominate favorite sons. In
+1821, the legislature of South Carolina put forward the name of William
+Lowndes, and upon his death named John C. Calhoun as its candidate for
+the Presidency. In 1822, the legislature of Tennessee presented the name
+of Andrew Jackson, "the soldier, the statesman, the honest man," to the
+consideration of the people of the United States. In the same year
+Republican members of the legislature of Kentucky recommended Henry Clay
+"as a suitable person to succeed James Monroe as President." A "joint
+meeting of the Republican members of the Massachusetts legislature and
+of Republican delegates from the various towns of the Commonwealth not
+represented in the legislature" nominated John Quincy Adams for the
+Presidency in January, 1823. And finally, illustrative of the varied
+methods in use and of the strange vicissitudes of politics at this time,
+a public gathering or mass meeting at Fredericksburg, Virginia, in
+March, 1824, nominated Adams for President and Jackson for
+Vice-President.
+
+A series of resolutions passed by the legislature of Tennessee in 1823
+called attention in no uncertain language to the shortcomings of the
+congressional caucus and called for its overthrow. A canvass of the
+members of Congress showed that one hundred and eighty-one out of two
+hundred and sixty-one believed a caucus inexpedient at this time.
+Nevertheless, the minority, acting in Crawford's interest, took their
+courage in both hands and held a caucus on February 14, 1824. Sixty-four
+out of sixty-eight votes were cast for William H. Crawford, who thus
+became by all precedents the "regular" candidate of the Republican
+party. This nomination and the indorsement of Jackson by the Republicans
+of Pennsylvania spoiled Calhoun's chances. In the spring of 1824, he
+allied himself with the Jackson faction by accepting the nomination for
+Vice-President at the hands of a state nominating convention at
+Harrisburg, which had put Jackson at the head of the ticket.
+
+Such issues as were discoverable in the presidential contest of 1824
+were formulated in the debates in Congress during the early part of the
+year. As the country recovered from financial depression, the question
+of internal improvements again forged to the front. In 1822, a bill to
+authorize the collection of tolls on the Cumberland Road had been vetoed
+by the President. In an elaborate essay Monroe set forth his views on
+the constitutional aspects of a policy of internal improvements.
+Congress might appropriate money, he admitted, but it might not
+undertake the actual construction of national works nor assume
+jurisdiction over them. For the moment the drift toward a larger
+participation of the National Government in internal improvements was
+stayed. Two years later, however, Congress authorized the President to
+institute surveys for such roads and canals as he believed to be needed
+for commerce and military defense. The vote on this bill shows that the
+source of opposition to internal improvements was chiefly in the
+Northeast, in Virginia, and in the Carolinas. The West and Southwest,
+with Pennsylvania, Maryland, and New Jersey, were a unit in support of
+the general survey.
+
+No one pleaded more eloquently for a larger conception of the functions
+of the National Government than Clay. No one voiced the aspirations of
+his section more faithfully. He called the attention of his hearers to
+provisions made for coast surveys and lighthouses on the Atlantic
+seaboard and deplored the neglect of the great interior of the country.
+"A new world has come into being since the Constitution was adopted," he
+exclaimed. "Are the narrow, limited necessities of the old thirteen
+States, of, indeed, parts only of the old thirteen States as they
+existed at the formation of the present Constitution, forever to remain
+the rule of its interpretation?" Of the other presidential candidates,
+Jackson voted in the Senate for the general survey bill; and Adams left
+no doubt in the public mind that he did not reflect the narrow views of
+his section on this issue. Crawford felt the constitutional scruples
+which were everywhere being voiced in the South, and followed the old
+expedient of advocating a constitutional amendment to sanction national
+internal improvements.
+
+The Tariff Act of 1824 also entered somewhat into the presidential
+campaign. The failure of the protectionists to secure a higher tariff in
+1820 had been followed by other efforts to secure congressional action;
+but none succeeded until Clay was again elected Speaker of the House and
+thrust the matter into the foreground of discussion. Clay dwelt
+eloquently upon the loss of the foreign market for agricultural products
+and upon the consequent widespread distress. To his mind the remedy was
+the establishment of an American market by fostering manufactures. That
+such a policy would involve a clash of sectional interests, he did not
+deny; but he believed that "reconciliation by mutual concessions" could
+be effected and a genuine "American system" be brought into existence.
+
+[Map: House Vote on Tariff Bill April 16, 1824]
+
+The tariff bill presented in 1824 was avowedly a protective measure.
+Among lesser changes, increased duties were proposed on iron, lead,
+wool, hemp, cotton bagging, and cotton and woolen goods. At once
+the clash of sectional interests began. New England shippers protested
+against the duty on hemp, which they needed for cordage; and Southern
+planters made common cause with them on this item, because the cheap
+bagging which they used for baling their cotton was made of coarse hemp.
+For the same reason the maritime sections of New England opposed the
+duty on iron. For precisely opposite reasons, Kentucky clamored for the
+protection of her hemp-growers, and Pennsylvania, for the protection of
+her iron-workers. It was well understood that the cotton industry was
+established and needed no protection; nevertheless, the minimum duty on
+cotton fabrics was raised. The increased duty on woolens, however, was
+offset by an increased duty on raw wool, so that the woolen
+manufacturers profited little by the change of rate. A proposal to apply
+to woolens the minimum principle which had been extended to cottons in
+1816 was defeated by the opposition of the South. Any increase in the
+cost of cheap woolen goods was bound to enhance the cost of clothing the
+slaves. On the other hand, the representatives of the great
+grain-growing and farming States of New York, New Jersey, and
+Pennsylvania, together with the States of the Ohio Valley, were almost
+unanimously in favor of the proposed bill. When the bill came to a vote
+in the House on April 16, 1824, only nine of the combined ninety-five
+votes of these sections were cast in the negative. Equally emphatic was
+the protest of the South and Southwest: only six out of seventy-six
+Representatives favored the bill. New England by its divided vote
+revealed the internal conflict between the commercial and manufacturing
+interests. The bill passed both houses of Congress by small majorities
+and received the signature of the President.
+
+Of the presidential candidates, only one spoke with uncertain sound on
+the tariff issue. Clay was the outspoken advocate of a far-reaching
+American system; Adams thought the tariff of 1824 a fair compromise;
+Jackson, properly coached by his intimates, put himself on record as a
+supporter of a protective policy to create a home market; only Crawford,
+representative of the peculiar interests of the South and candidate for
+Northern support, felt the impossibility of harmonizing the conflicting
+interests of his followers by a clear-cut and explicit utterance on the
+tariff.
+
+With so many candidates in the field, it was difficult to forecast the
+outcome of the presidential campaign. Even if there had been a
+pronounced popular drift toward any candidate, the result would have
+remained in doubt until the six States which still gave the choice of
+electors to their legislatures had completed the complicated electoral
+process. There was a strong likelihood, however, that the election would
+go to the House of Representatives. As the choice would then be confined
+to the three candidates having the highest vote, there was not a little
+bargaining in the States where the legislatures chose the electors. The
+completed returns gave Jackson 99 electoral votes; Adams, 84; Crawford,
+41; and Clay, 37. Calhoun was elected Vice-President by more than two
+thirds of the electoral vote. The House, therefore, as wiseacres had
+foretold, was called upon for the second time to decide a contested
+presidential election.
+
+The position of Clay was one of unenviable distinction and power. He
+could not be elected President, but he could, it was believed, determine
+which of his rivals should have the coveted office. His own State
+favored Jackson as a second choice; but Clay wrote to a friend that he
+could not consider the killing of twenty-five hundred Englishmen at New
+Orleans proved the fitness of Jackson for the chief civil magistracy.
+Crawford was personally less objectionable to Clay; but he had suffered
+a paralytic stroke and his health was precarious. Besides, Crawford had
+opposed some of the policies which Clay had most at heart. For years
+Clay had been a bitter opponent of Adams; yet after all was said, he was
+bound to admit that his interests would be best served by an alliance
+with this stiff-necked New Englander. At an early date, therefore, he
+determined to throw his support to Adams.
+
+For weeks the capital was enveloped in an atmosphere of intrigue. Clay
+was courted by all factions. The possibility of securing his support was
+a standing temptation to wire-pullers. Even Adams wrote in his diary,
+"_Incedo super ignes_" (I walk over fires). When Clay announced
+positively, on January 24, that he and his friends would support Adams,
+a storm of passionate denunciation broke upon him. An anonymous letter
+appeared in a Philadelphia newspaper, charging that friends of Adams had
+offered Clay the Secretaryship of State in return for his support, and
+that friends of Clay had reported the offer to friends of Jackson, with
+the intimation that Clay would support the general on similar terms.
+When the friends of Jackson spurned these overtures, Clay sold out to
+Adams. With quite unnecessary heat Clay branded the author of this
+letter as "a base and infamous calumniator, a dastard, and a liar." His
+first instinct was to challenge the author whoever he might be; but when
+Representative George Kremer, an odd character who was chiefly
+conspicuous by reason of the leopard-skin coat which he wore avowed
+himself the writer of the offensive letter, Clay wisely concluded not to
+make himself ridiculous by an affair of honor with this Gil Blas. He
+demanded a congressional investigation instead.
+
+While this investigation of the alleged bargain between Adams and Clay
+was pending, the House proceeded to the election of a President. On the
+first ballot, Adams received the votes of thirteen States, while Jackson
+was the choice of seven States, and Crawford of four. New England, New
+York, Louisiana, Maryland, and the States of the Northwest, except
+Indiana, supported Adams. Combined with these were now Missouri and
+Kentucky, which had voted for Clay. Jackson received the votes of the
+Southwest, together with those of Pennsylvania, New Jersey, Indiana, and
+South Carolina. Crawford was supported by Georgia, North Carolina,
+Virginia, and Delaware. Two days later the President-elect announced
+that he had invited Henry Clay to be his Secretary of State. After some
+hesitation, Clay accepted the post.
+
+[Map: The Presidential Election of 1824]
+
+The cry of corruption is a recurrent note in the history of
+democracies. The American democracy is no exception. With most of the
+charges of corruption, the historian has little concern; but the bargain
+and corruption cry of 1825 has a historical significance. The falsity of
+the charge against Clay has been proved as nearly as a negative can be.
+Adams may not have been above the uncongenial task of soliciting votes,
+but he kept safely within the moral domain which his conscience marked
+out. The motive which governed his appointment of Clay as Secretary of
+State is stated frankly in a letter to Monroe, two days after the
+election by the House. He considered the appointment "due to his talents
+and services to the western section of the Union, whence he comes, and
+to the confidence in me manifested by their delegations." Upon one
+individual these considerations made no impression: Andrew Jackson left
+the capital with wrath in his soul. He felt that he had been defrauded
+by a corrupt bargain. From this time on his hand was against Clay,--that
+"Judas of the West," as he afterward called him,--who had conspired to
+"impair the pure principles of our republican institutions" and to
+"prostrate that fundamental maxim which maintains the supremacy of the
+people's will."
+
+Years after the events of 1824-25, the belief of Jackson that the will
+of the people had been defeated found classic expression in Thomas H.
+Benton's _Thirty Years' View of Congress_. What Benton termed "the Demos
+Krateo principle" was thoroughly in accord with the spirit of the new
+democracy, but it rested upon an entire misunderstanding of the
+Constitution. A direct popular election of the President was never
+contemplated by the framers of the Constitution. It is impossible to
+find in either the letter or the spirit of the Constitution any
+justification for the view that the House of Representatives is bound to
+elect the candidate having the highest popular vote.
+
+What the will of the people really was in the presidential election of
+1824 is by no means clear. Even in those States where presidential
+electors were chosen by popular vote, Jackson received less than half of
+the popular vote; and in many of these States the actual vote fell far
+below the potential. In Massachusetts, where 66,000 votes had been cast
+for governor the year before, only 37,000 voters took the trouble to
+vote for President. In Pennsylvania, which boasted of a population of
+over a million, less than 48,000 voted in 1824. Moreover, the six States
+which chose the presidential electors through their legislatures,
+contained one fourth of the population of the country. One fact,
+however, stands out with unmistakable clearness,--and it did not escape
+politicians like Van Buren, of New York, who had their fingers on the
+pulse of the people,--this martial hero from out of the West had an
+unprecedented vote-getting capacity. It were well to observe the Western
+horizon more intently.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     The best description of the political characteristics of American
+     society in this period is given by Alexis de Tocqueville,
+     _Democracy in America_ (2 vols., trans., 1862). F. J. Turner has
+     pointed out the importance of the West in the development of the
+     nation in several studies, notably: "The Significance of the
+     Frontier in American History" (American Historical Association,
+     _Report_, 1893); "The Problem of the West" (_Atlantic Monthly_,
+     vol. 78); "Contributions of the West to American Democracy"
+     (_Atlantic Monthly_, vol. 91). The political development of the
+     South is set forth with great thoroughness by U. B. Phillips,
+     _Georgia and State Rights_ (American Historical Association,
+     _Report_, 1901); W. A. Schaper, _Sectionalism and Representation
+     in South Carolina_ (_ibid._, 1900); and C. H. Ambler,
+     _Sectionalism in Virginia from 1776 to 1861_ (1910). Important
+     aspects of the tariff are discussed in Edward Stanwood's _American
+     Tariff Controversies in the Nineteenth Century_ (2 vols., 1903),
+     and in C. W. Wright's _Wool-Growing and the Tariff_ (1910).
+
+
+
+
+CHAPTER XVIII
+
+POLITICS AND STATE RIGHTS
+
+
+The circumstances of his election made the position of President Adams
+one of very great difficulty. He alluded to his embarrassment in his
+first message to Congress. "Less possessed of your confidence in advance
+than any of my predecessors," said he, "I am deeply conscious of the
+prospect that I shall stand more and oftener in need of your
+indulgence." It is doubtful, however, if even he appreciated the
+momentum of the forces which were already combining to discredit his
+administration. In October, the legislature of Tennessee had again
+nominated Jackson for the Presidency, and he had accepted the nomination
+as a summons to wage war upon the forces of evil in high places. The
+campaign of 1828, indeed, had already begun: and it was to be a campaign
+of personal vindication as well as of popular rights.
+
+Under similar circumstances most men would have made sure of the loyalty
+of their constitutional advisers, at least, but Adams flattered himself
+that he could carry on a non-partisan administration. The results were
+disastrous, for at least two of the Cabinet were not above using the
+patronage of office to further the cause of Jackson. In his laudable
+desire not to allow the Government to become "a perpetual and
+unintermitting scramble for office," Adams refused to make removals in
+the civil service on partisan grounds, yet he retained in office
+underlings who labored incessantly in the cause of the opposition.
+
+Equally impolitic was the attitude of the President toward questions of
+public policy in his first message to Congress. Just when the opposition
+was in a fluid state and the winds of conflicting doctrines were
+ruffling the surface of national politics, Adams gave utterance to
+opinions on the functions of government which were bound to alienate
+many of his followers. Entertaining no doubts as to constitutional
+limitations upon the powers of the National Government, he advocated not
+only the construction of roads and canals, but the establishment of
+observatories and a national university. His program included
+governmental aid to the arts, mechanical and literary, and to the
+sciences, "ornamental and profound." He was prepared to give
+encouragement not only to manufacturing but to agriculture and to
+commerce. Many of these were objects which President Jefferson had
+recommended to the consideration of Congress in 1806; but whereas he had
+urged the adoption of amendments to the Constitution which would
+authorize Congress to provide for roads and canals and education, Adams
+seemed oblivious to the limitations of the Constitution. In much alarm
+Jefferson suggested to Madison the desirability of having Virginia adopt
+a new set of resolutions, bottomed on those of 1798, and directed
+against the acts for internal improvements. In March, 1826, the general
+assembly declared that all the principles of the earlier resolutions
+applied "with full force against the powers assumed by Congress" in
+passing acts to protect manufactures and to further internal
+improvements. That the Administration would meet with opposition in
+Congress, whatever its program might be, was a foregone conclusion. The
+only question was whether the diverse and mutually hostile factions
+which had followed the fortunes of Crawford, Calhoun, and Jackson could
+coalesce into a consistent opposition. The first test occurred when the
+Administration proposed the Panama mission.
+
+The overthrow of the authority of Spain in South America had left the
+way clear for the long-projected union of the republics. Early in the
+year 1825, the ministers of Mexico, Guatemala, and Colombia waited on
+Clay to learn whether the United States would accept an invitation to a
+great council or congress which had been called by the revolutionist
+Bolivar, now President of Colombia. The project appealed strongly to
+Clay. A league of young republics in the New World to offset the Holy
+Alliance in Europe was, as his biographer remarks, "one of those large,
+generous conceptions well calculated to fascinate his ardent mind." The
+imagination of the President was not so easily touched: he instructed
+Clay to inquire more particularly into the purposes of the congress.
+
+The condition of affairs in the countries bordering on the Caribbean
+Sea--the American Mediterranean--was such, indeed, as to justify extreme
+caution in dealing with the Latin-American republics. It was matter of
+common knowledge that Colombia and Mexico had designs upon Cuba, the
+last of the Spanish outposts in the New World. So long as Spain
+continued at war with her old colonies, the United States was bound to
+be uneasy about the fate of Cuba and Porto Rico. Even if the islands
+were liberated by the republican armies of Central and South America,
+they were likely to fall a prey to some European power. The appearance
+of a French fleet off the coast of Cuba during the summer of 1825 gave
+point to these not unwarranted apprehensions. It was rumored that Cuba
+was to be made the basis for an expedition against Mexico in behalf of
+Spain. This episode prompted Clay to make strong representations to
+France that the United States could not consent to the occupation of
+Cuba by any other European power.
+
+When, then, a formal invitation came to participate in the Panama
+Congress, the Administration determined to seize the occasion to
+exercise a wholesome restraint by friendly advice upon the assembled
+delegates of the republics, and at the same time to ascertain their
+purposes. In asking the Senate to confirm the nomination of two
+delegates, however, the President voiced his own expectation of what the
+Congress would be and do, rather than the purposes of Bolivar and his
+associates. The occasion would be favorable, the President intimated,
+for the discussion of commercial reciprocity, of neutral rights, and of
+principles of religious liberty. An alliance with the Latin-American
+republics was not contemplated. On the contrary, the delegates from the
+United States would urge "an agreement between all of the parties
+represented at the meeting, that each will guard by its own means
+against the establishment of any future European colony within its
+borders." At this stage in its evolution the Monroe Doctrine was not
+understood to include any obligation on the part of the United States to
+police the territories of the lesser republics of the New World.
+
+The instructions given to the envoys leave no doubt as to the intentions
+of the Administration. Every possible endeavor was to be made to
+dissuade Colombia and Mexico from their designs upon Cuba and Porto
+Rico. The recognition of Hayti as an independent state was to be
+deprecated. In short, the _status quo_ in the Caribbean Sea was to be
+maintained; and throughout, the congress was to be regarded as a
+diplomatic conference and in no wise as a convention to constitute a
+permanent league of republics.
+
+Nevertheless, the opposition in Congress persisted in misrepresenting
+the President's purposes. It was pointed out that the republics to the
+south very generally believed that the United States was pledged by
+Monroe's message to make common cause with them when their independence
+was threatened. "Are we prepared," asked Hayne, of South Carolina, "to
+send ministers to the Congress of Panama for the purpose of making
+effectual this pledge of President Monroe as construed by the present
+administration and understood by the Spanish-American states?" With
+greater sincerity Southern Representatives protested against
+participating in a congress which proposed to discuss the suppression
+of the slave trade and the future of Hayti. "Slavery in all its
+bearings," said Hayne, "is a question of extreme delicacy, concerning
+which there is but one safe rule either for the States in which it
+exists or for the Union. It must ever be treated as a domestic question.
+To foreign governments the language of the United States must be that
+the question of slavery concerns the peace and safety of our political
+family, and that we cannot allow it to be discussed." Least of all, he
+continued, could the United States touch the question of the
+independence of Hayti in connection with revolutionary governments which
+had marched to victory under the banner of universal emancipation and
+which had permitted men of color to command their armies and enter their
+legislative halls.
+
+In the end the Administration had its way and the nominations were
+confirmed; but the delay was most unfortunate. On their way to the
+Isthmus, one of the delegates died, and the other arrived too late to
+take part in the congress. From the viewpoint of domestic politics, the
+controversy over the mission was only an incident in the evolution of a
+party within the bosom of the Democratic party. The animus of the
+opposition is revealed in the often-quoted remark of Martin Van Buren,
+who was trying to drill the varied elements in the Senate into a
+coherent organization: "Yes, they have beaten us by a few votes, after a
+hard battle; but if they had only taken the other side and refused the
+mission, we should have had them."
+
+Of far more serious import than this factional opposition in Congress
+was the resistance which the authorities of Georgia offered to the
+National Administration in the matter of Indian lands. On March 5, 1825,
+the Senate ratified the Treaty of Indian Springs with the Creek Indians,
+which provided for the cession of practically all the lands of the tribe
+between the Flint and Chattahoochee Rivers. For years the planters of
+Georgia had coveted these fertile tracts, awaiting with impatience the
+negotiations of the Federal Government with the reluctant Indians.
+Although the title to the lands was not to pass to Georgia until
+September 1, 1826, Governor Troup ordered them to be surveyed with a
+view to their immediate occupation. Meantime, well-founded charges were
+current that the treaty had been made by a faction among the Creeks,
+without the consent of the responsible chiefs. President Adams at once
+ordered the state authorities to desist from their survey; but the
+governor replied that Georgia was convinced of the validity of the
+treaty and fully determined to enter into possession of her own. The
+tone of the governor's letter was ominous. Nevertheless, the President
+instituted negotiations for a new treaty. The diplomatic shifts resorted
+to by the Indian agents in this instance were not above suspicion, but
+the President seemed to entertain no misgivings, for he assured the
+Senate that the new Treaty of Washington (January 24, 1826) was the will
+and deed of "the chiefs of the whole Creek Nation." The grant left the
+Indians still in possession of some lands west of the Chattahoochee.
+
+The feelings of all loyal Georgians were outraged by the course of the
+Administration. The legislature protested against the Treaty of
+Washington as "illegal and unconstitutional," and denounced the
+President's action as "an instance of dictation and federal supremacy
+unwarranted by any grant of powers to the General Government." "Georgia
+owns exclusively the soil and jurisdiction of all the territory within
+her present chartered and conventional limits," read the resolutions of
+December 22, 1826. "She has never relinquished said right, either
+territorial or jurisdictional, to the General Government."
+
+The ebullient governor hardly needed the indorsement of the legislature.
+He pushed on the surveys to the limits set by the original treaty. But
+the surveyors soon met with resistance from the Indians; and the Indians
+appealed to the President. The Secretary of War then notified Troup that
+the President felt himself compelled to employ all the means under his
+control to maintain the faith of the nation and to carry the treaty into
+effect. Governor Troup replied defiantly that the "military character of
+the menace" was well understood. "You will distinctly understand,
+therefore, that I feel it my duty to resist to the utmost any military
+attack.... From the first decisive act of hostility, you will be
+considered and treated as a public enemy, and with less repugnance
+because you, to whom we might constitutionally have appealed for our
+defense against invasion, are yourselves the invaders, and, what is
+more, the unblushing allies of the savages whose course you have
+adopted." He at once issued orders to the state military officers to
+hold the militia in readiness to repel any invasion of the soil of
+Georgia.
+
+The tension which had now become acute was relieved by the intelligence
+that the President had ordered the Indian agent to the Creeks to resume
+negotiations for the cession of the rest of their lands. The governor
+hastened to point out jubilantly that the President had beaten a
+retreat. Meantime, the President had laid the whole matter before
+Congress in a special message. A committee of the House advised the
+purchase of the rest of the Indian lands, but in the mean time the
+maintenance of the terms of the Treaty of Washington. A committee of the
+Senate, however, with Benton as chairman, took an opposite view of the
+situation, and deprecated any action looking toward the coercion of a
+sister State. A treaty concluded with the Creeks in November, 1827,
+fortunately satisfied all parties and put an end to this exciting
+controversy--a controversy in which the President had played a lone and
+not very successful hand.
+
+In this same year (1827), another Indian problem of even greater
+perplexity arose. The Cherokees of northwestern Georgia, who were ruled
+by a group of intelligent half-breeds, declared themselves one of the
+sovereign and independent nations of the earth, and drafted a
+constitution which completely excluded the authority of the State of
+Georgia. Again, in no uncertain language, Georgia asserted her title to
+all the lands within her limits, regarding the Indians simply as
+"tenants at her will"; but before the controversy reached an acute
+stage Adams had surrendered the Presidency to General Andrew Jackson,
+who had only contempt for Indian rights when they fell athwart the
+purposes of honest white settlers.
+
+In the midst of these protestations against federal intervention, the
+legislature of Georgia sounded a note of defiance also in the matter of
+the tariff. It was "their decided opinion an increase of Tariff duties
+will and ought to be RESISTED by all legal and constitutional means."
+Just what should be "the mode of opposition" they would not pretend to
+say, but for the present they would content themselves with "the
+peaceable course of remonstrating with Congress." This rather ominous
+protest was inspired by the demands of certain manufacturers and
+politicians who had assembled in convention at Harrisburg, Pennsylvania,
+in the summer of 1827.
+
+The woolen industry had profited least of all those which had been
+protected by the Tariff of 1824. Not only had the slight advance in
+rates been offset by the increase of the duty on raw wool, but the
+effect of English competition in 1825 had been most depressing to the
+woolen trade. A tariff bill to meet the wishes of the wool-growers and
+woolen manufacturers had passed the House early in 1827, but had been
+defeated in the Senate by the casting vote of the Vice-President. The
+convention at Harrisburg was designed to create a public sentiment in
+favor of the protected interests and to bring pressure from various
+sources to bear upon Congress. The failure of the tariff bill in the
+spring session had impressed upon woolen manufacturers the necessity of
+securing allies.
+
+The recommendations of the convention at Harrisburg were comprehensive.
+Higher duties all along the line, from wool to glass, were urged. But
+that which the promoters of the convention had most at heart was the
+extension to woolens of the minimum principle already applied to cotton
+fabrics. According to their demands, the _ad valorem_ duty on woolens
+should range from forty to fifty per cent, assessed on minimum
+valuations of fifty cents, two dollars and a half, four dollars, and six
+dollars a yard. That is to say, goods valued at less than fifty cents a
+yard were to be treated as though they had a value of fifty cents; and
+all between fifty cents and two dollars and a half, as though they were
+worth two dollars and a half; and so on--a system which offered a high
+degree of protection to the cheaper fabrics in each group.
+
+[Map: House Vote on Tariff Bill April 22, 1828]
+
+The high hopes of the protectionists were only partially realized. In
+the following session of Congress, economic interests became badly
+tangled with political. The President and the greater part of his
+supporters were protectionists. Indeed, it was openly charged by the
+opposition that the Harrisburg Convention was a device of the Adams men
+to promote his reelection. The opposition, on the other hand, was far
+from united on the tariff question. The only affinity between Southern
+planters and their Northern allies in the Middle and Western States was
+hostility to the Administration. According to Calhoun, who in after
+years made a frank avowal of his part in the intrigue, the opposition
+determined to frame a tariff bill with a general high level of
+duties to satisfy the Middle and Western States, but to increase
+the duties on raw material which New England manufacturers needed. All
+the stanch Jackson men were to unite in forcing this bill to a passage
+without amendment. At the last moment, however, the Southern group were
+to part company with their allies and to vote against the bill. The
+Representatives from New England, and the supporters of the
+Administration generally, would of course vote against the bill also,
+and so compass its defeat. The odium would then fall upon the Adams men,
+while the Jackson men could pose as the only whole-hearted advocates of
+protection; and, finally, not the least factor in Calhoun's
+calculations, the South would escape the toils of high protection. There
+was only one hitch in this cleverly planned game. To the consternation
+of the plotters, enough New England Representatives swallowed the bitter
+dose to enact the bill.
+
+The "tariff of abominations" deserves all the abuse which has been
+heaped upon it. Shapen in political iniquity, it bore upon its face the
+marks of its origin. High duties for which no one had asked were imposed
+on certain raw material like pig and bar iron, and hemp, the better
+quality of which was always in demand and never produced in the United
+States. Items like the increased duty on molasses and the heavy duty on
+sail-duck were added to make the bill distasteful to New England. But
+the woolen industry suffered the most grievous disappointment. Instead
+of the minimum principle advocated by the Harrisburg Convention, the Act
+of 1828 established a minimum of one dollar between the minimal points
+of fifty cents and two dollars and a half. Whereas the proposed rate
+would have fixed a prohibitory duty on woolens costing about a dollar a
+yard, the act allowed only a duty of forty-five per cent. "The dollar
+minimum," as one of the aggrieved manufacturers put it, "was planted in
+the very midst of the woolen trade."
+
+Again the Middle States and the States of the Ohio Valley united in
+support of the protective principle. New England was divided against
+itself. Political considerations weighed heavily with those New
+Englanders who like Webster voted for the bill. John Randolph hardly
+exaggerated when he declared that "the bill referred to manufactures of
+no sort or kind, except the manufacture of a President of the United
+States."
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     To the bibliography at the close of the preceding chapter only a few
+     titles need be added. The foreign policy of the Adams Administration
+     is well described in F. E. Chadwick's _The Relations of the United
+     States and Spain_ (1909). The stages in the Indian controversy may
+     be traced in U. B. Phillips's _Georgia and State Rights_ (American
+     Historical Association, _Report_, 1901), and in E. J. Hardin's _Life
+     of George M. Troup_ (1859). E. M. Shepard, _Martin Van Buren_
+     (1888), and T. D. Jervey, _Robert Y. Hayne and His Times_ (1909),
+     are important biographies. Josiah Quincy's _Figures of the Past_
+     (1883) contains some interesting sketches of Washington society,
+     while N. Sargent's _Public Men and Events_ (2 vols., 1875) supplies
+     an abundance of political gossip.
+
+
+
+
+CHAPTER XIX
+
+THE RISE OF NATIONAL SOVEREIGNTY
+
+
+Shortly after the Federal Convention of 1787, a friend remarked to
+Gouverneur Morris, "You have made a good constitution." "That," replied
+Morris laconically, "depends on how it is construed!" From Washington to
+Jackson the process of construing the Constitution had gone on,
+intermittently by the executive and legislative, steadily by the
+judiciary. "The judiciary of the United States," wrote Jefferson in
+1820, "is the subtle corps of sappers and miners constantly working
+underground to undermine the foundations of our confederate fabric. They
+are constantly construing our constitution from a coordination of a
+general and a special government, to a general and supreme one alone.
+They will lay all things at their feet, and they are too well versed in
+the English law to forget the maxim, '_boni judicis est ampliare
+jurisdictionem_.'"
+
+Yet as late as 1800 the federal judiciary had pronounced none of those
+decisions which were to make it so powerful a factor in the assertion
+and maintenance of national sovereignty. In declining an appointment as
+Chief Justice, John Jay wrote to President Adams that he had "left the
+bench perfectly convinced that under a system so defective, it would not
+obtain the energy, weight, and dignity, which were essential to its
+affording due support to the National Government; nor acquire the
+public confidence and respect which, as the last resort of the justice
+of the Nation, it should possess."
+
+The uncertainty of the law was in large part responsible for this lack
+of prestige. "Too great inattention," complained a Boston lawyer, in the
+_Columbian Centinel_ in 1801, "has hitherto prevailed as to the
+preservation of the decisions of our courts of law. We have neither
+authorized nor voluntary reporters. Hence we are compelled to the loose
+and interested recollections of counsel, or to depend wholly on British
+decisions." The first systematic attempt to secure records of opinions
+was made by Connecticut in 1785. Four years later, Ephraim Kirby, a
+printer in Litchfield, issued "the first regular printed law reports in
+America." This example was followed in other States; and in 1798 the
+first volume of United States Supreme Court Reports was published by
+Dallas.
+
+The great period in the history of the Supreme Court coincides with the
+thirty-four years during which John Marshall held the office of Chief
+Justice. President John Adams rendered no more lasting service to the
+Federalist cause than when he appointed this great Virginian to the
+bench, for Marshall, if not a Federalist of the strictest sect, was a
+thoroughgoing nationalist. Down to his appointment only six decisions
+involving constitutional questions of any moment had been handed down;
+between 1801 and 1835, sixty-two were rendered, of which Marshall wrote
+thirty-six. The decisions of the court during "the reign of Marshall"
+fill thirty volumes of the Reports. Seven hundred and fifty-three cases
+were taken on appeal to the Supreme Court from the lower federal courts,
+and in nearly one half of these cases the decisions were reversed.
+
+An American constitutional law did not exist when Marshall took office.
+Few precedents were available. In some of his important cases Marshall
+did not cite a single judicial decision. He reached his conclusions by
+the light of reason. "There, Story," he would say to his associate, "is
+the law. Now you must find the authorities." In a peculiar sense it is
+true to say that Marshall both laid the foundations of constitutional
+law and reared the superstructure, as one of his biographers remarks.
+But Marshall was ably supported by his colleagues; and he owed much, as
+he freely admitted, to the arguments of a remarkable body of lawyers of
+the federal bar. Wirt, Pinkney, and Webster were as truly creators of
+American constitutional law as the learned justices.
+
+The constitutional importance of the decision of the Supreme Court in
+_Marbury_ v. _Madison_ has already been pointed out. In the development
+of the idea of national sovereignty, the significance of the decision
+lies in the emphatic assertion that the Supreme Court is the tribunal of
+last resort in cases involving the constitutionality of acts of
+Congress.
+
+The first open resistance of a State to federal authority, as asserted
+by the Supreme Court, occurred in 1809, when the legislature of
+Pennsylvania interposed its authority to prevent the payment of prize
+money which had been awarded by a federal district court to Gideon
+Olmstead and others for their capture of the sloop Active during the
+Revolution. All efforts to secure a peaceful settlement of this
+controversy having failed, the Attorney-General, in behalf of Olmstead,
+applied to the Supreme Court for a writ of _mandamus_, directing Judge
+Peters of the district court to enforce his judgment. In granting the
+writ, Chief Justice Marshall pointed out the gravity of the issue. "If
+the legislatures of the several States," said he, "may at will annul the
+judgment of the courts of the United States, and destroy the rights
+acquired under those judgments, the Constitution becomes a solemn
+mockery, and the nation is deprived of the means of enforcing its laws
+by the instrumentality of its own tribunals." Such a conclusion he
+emphatically repudiated. Reviewing the history of the case with all its
+details, he reached the uncompromising conclusion that "the State of
+Pennsylvania can possess no constitutional right to resist the legal
+process which may be directed in this cause.... A peremptory _mandamus_
+must be awarded."
+
+Judge Peters issued the writ, but all efforts of the marshal to serve
+the writ were thwarted by the state militia. The marshal then summoned a
+_posse comitatus_ of two thousand men. Bloodshed seemed imminent; but
+after an ineffectual appeal to the President, the Pennsylvania
+authorities gave way and paid over the money. Subsequently the officer
+commanding the militia and others were indicted, tried, convicted, and
+sentenced to fine and imprisonment, for resisting the writ of a federal
+court; but they were pardoned by the President because "they had acted
+under a mistaken sense of duty."
+
+In this conflict of authority the National Government won at every
+point. Even the resolution which the legislature adopted in the heat of
+the controversy, calling for an amendment to the Constitution which
+should establish "an impartial tribunal to determine disputes between
+the General and State Governments," met with no approval from other
+States. Virginia, soon to be of a very different mind, responded that "a
+tribunal is already provided ... to wit: the Supreme Court, more
+eminently qualified from their habits and duties, from the mode of their
+selection, and from the tenure of their offices, to decide the disputes
+aforesaid in an enlightened and impartial manner, than any other
+tribunal which could be erected."
+
+In two notable cases, the Supreme Court affirmed the constitutionality
+of the Judiciary Act of 1789 and asserted its authority to review and
+reverse decisions of the state courts when those decisions were adverse
+to alleged federal rights. The opinion in the first case, that of
+_Martin_ v. _Hunter's Lessee_, in 1816, was written by Joseph Story, of
+Massachusetts, who had been appointed to a vacancy on the bench by
+President Madison. Story was reputed to be a Republican, but he
+disappointed all expectations by becoming a stanch supporter of
+nationalist doctrines and only second to Marshall in his influence upon
+the development of American constitutional law.
+
+The case of _Martin_ v. _Hunter's Lessee_ grew out of the old Fairfax
+claims which Marshall had represented as counsel before his appointment
+to the bench. In 1815, the Supreme Court had reversed the decision of
+the Court of Appeals of Virginia, and ordered the state court to execute
+the judgment rendered in the lower state court. The judges of the Court
+of Appeals, headed by Judge Spencer Roane, a bitter opponent of
+Marshall, formally announced that they would not obey the _mandamus_,
+holding that the twenty-fifth section of the Judiciary Act of 1789--that
+extending the appellate jurisdiction of the Supreme Court over state
+tribunals--was unconstitutional. The state-rights elements in Virginia
+quickly rallied to the support of the judges, and the Supreme Court
+found itself face to face with an incensed public opinion in the Old
+Dominion. In no wise daunted by this opposition, the Supreme Court
+reviewed its position in 1816 and again ordered the execution of its
+judgment.
+
+Five years later, Chief Justice Marshall rendered a similar decision in
+the case of _Cohens_ v. _Virginia_. The counsel for the Commonwealth had
+argued that the appellate jurisdiction conferred by the Constitution on
+the Supreme Court was merely authority to revise the decisions of the
+inferior courts of the United States. "Congress," it was contended, "is
+not authorized to make the supreme court or any other court of a State
+an inferior court.... The inferior courts spoken of in the Constitution
+are manifestly to be held by federal judges." "It is the case, not the
+court, that gives jurisdiction," replied Marshall. "The courts of the
+United States can, without question, revise the proceedings of the
+executive and legislative authorities of the States, and if they are
+found to be contrary to the Constitution may declare them to be of no
+legal validity. Surely the exercise of the same right over judicial
+tribunals is not a higher or more dangerous act of sovereign power."
+
+It was in the course of this decision that Marshall asserted in
+unmistakable language the sovereignty of the National Government. "The
+people made the Constitution and the people can unmake it.... But this
+supreme and irresistible power to make or to unmake resides only in the
+whole body of the people; not in any subdivision of them. The attempts
+of any of the parts to exercise it is usurpation, and ought to be
+repelled by those to whom the people have delegated the power of
+repelling it.... The framers of the Constitution were indeed unable to
+make any provisions which should protect that instrument against a
+general combination of the States, or of the people for its destruction;
+and conscious of this inability, they have not made the attempt. But
+they were able to provide against the operation of measures adopted in
+any one State, whose tendency might be to arrest the execution of the
+laws; and this it was the part of wisdom to attempt. We think they have
+attempted it."
+
+Between these notable Virginia cases was decided, in 1819, the case of
+_M'Culloch_ v. _Maryland_, in which the Chief Justice sustained the
+constitutionality of the act establishing the National Bank, and
+declared a state law imposing a tax on a branch of the Bank
+unconstitutional and void. In the course of his opinion, which followed
+much the same line of reasoning that Alexander Hamilton had employed,
+Marshall stated in classic phraseology the doctrine of liberal
+construction. Holding that the Constitution was not a code of law, but a
+document marking out in large characters the powers of government, he
+sought, among the enumerated powers, not the lesser, but the great
+substantive, powers necessary to the purposes of the Union. These
+substantive powers, however, carry with them many incidental (Hamilton
+said _resulting_) powers, among which a choice may freely be made to
+achieve the desired and legitimate end. "Let the end be legitimate,"
+said Marshall, "let it be within the scope of the Constitution, and all
+means which are appropriate, which are plainly adapted to that end,
+which are not prohibited, but consist with the letter and spirit of the
+Constitution, are constitutional." In an earlier decision (_United
+States_ v. _Fisher_, 1804), indeed, Marshall had refused to concede the
+force of the argument that the Federal Government was clothed only with
+the powers indispensably necessary to exercise powers expressly granted
+to it. "Congress must possess the choice of means which are in fact
+conducive to the exercise of a power granted by the Constitution."
+
+The cumulative effect of these decisions was to provoke a violent
+reaction in Virginia. Under the pen-name "Algernon Sidney," Judge Roane
+renewed his attacks upon the Chief Justice in violent and at times
+offensive language. "The judgment before us," he declared, referring to
+the case of _Cohens_ v. _Virginia_, "will not be less disastrous in its
+consequences, than any of these memorable judgments [of the time of
+Charles I]. It completely negatives the idea, that the American States
+have a real existence, or are to be considered, in any sense, as
+sovereign and independent States." It seemed to Jefferson that the
+powerful arguments of Roane completely "pulverized" every word which had
+been uttered by John Marshall. John Taylor of Caroline, however, was the
+philosophical exponent of this reactionary movement. In his
+_Construction Construed_ (1820), _Tyranny Unmasked_ (1822), and _New
+Views of the Constitution_ (1823), he pointed out the manifest tendency
+of the decisions of the Supreme Court and suggested the "state veto" as
+the remedy against usurpation of power by the Supreme Court or by
+Congress. The legislature of Virginia indorsed an amendment to the
+Constitution drafted by Judge Roane which would have limited the
+jurisdiction of the federal courts, where the rights of the States were
+concerned, and which would have forbidden appeals from the courts of a
+State to any court of the United States. Beyond such remonstrances and
+protests, however, public opinion in Virginia was not prepared to go at
+this time.
+
+The judges of the Supreme Court could not remain indifferent to these
+assaults. "If, indeed, the Judiciary is to be destroyed," wrote Story,
+"I should be glad to have the decisive blow now struck, while I am
+young, and can return to my profession and earn an honest livelihood."
+But he added, "For the Judges of the Supreme Court there is but one
+course to pursue. That is, to do their duty firmly and honestly,
+according to their best judgments."
+
+It was in this spirit that the court rendered judgment in the case of
+_Green_ v. _Biddle_ (1823), which gave deep offense to the people of
+Kentucky by setting aside as unconstitutional the so-called "Occupying
+Claimant Laws." The remonstrance of the legislature was all the more
+bitter because the decision had been rendered by a bench of only four
+judges, one of whom dissented from the majority opinion. The resolutions
+of the legislature demanded a reorganization of the court in such wise
+that the concurrence of at least two thirds of the judges should be
+necessary in an opinion affecting the validity of state laws. And when
+Congress made no response, the lower House called upon the governor to
+express his opinion "whether it may be advisable to call forth the
+physical power of the State to resist the execution of the decisions of
+the court, or in what manner the mandates of said court should be met by
+disobedience." But Kentucky like Virginia kept well within the legal
+limits of petition and remonstrance.
+
+In Ohio, also, there was an ominous spirit of resistance to the force of
+precedent. Notwithstanding the decision of the court in the case of
+_M'Culloch_ v. _Maryland_, the general assembly of that State not only
+enacted a law to tax the local branch of the National Bank, but actually
+seized the amount of the tax. Suit was thereupon brought against the
+state auditor; and in spite of the vigorous remonstrance of the
+legislature, the Supreme Court again sustained the constitutionality of
+the Bank and declared the state tax unconstitutional. The State was
+ultimately obliged to make restitution of the funds of the Bank.
+
+[Map: Canals in the United States about 1825]
+
+Meantime, the national judiciary had contributed to the expansion of the
+Constitution in notable ways; sometimes by affirming the
+constitutionality of powers exercised by the President or Congress, and
+at other times by narrowing the limits of state authority. In the case
+of the _American Insurance Company_ v. _Canter_, twenty-five years after
+the acquisition of Louisiana, Marshall affirmed the constitutionality
+of the treaty which had so aroused Jefferson's misgivings. "The
+Constitution," said the Chief Justice, "confers absolutely on the
+Government of the Union the powers of making war and of making treaties;
+consequently, that Government possesses the power of acquiring
+territory, either by conquest or by treaty."
+
+In two instances, on the other hand, the Supreme Court gave an
+interpretation of the "obligation of contracts" clause of the
+Constitution which seriously limited the powers of the States. In the
+case of _Fletcher_ v. _Peck_ (1810), the court declared unconstitutional
+an act of the legislature of Georgia which attempted to revoke the
+notorious Yazoo land grants of 1795. A grant was held to be a contract
+within the meaning of the Constitution; and the court found no adequate
+ground for exempting such contracts from the prohibition of the
+Constitution.
+
+Far-reaching in its implication, also, was the second instance, when the
+Supreme Court held unconstitutional and void the acts of the New
+Hampshire legislature which amended the charter granted by the Crown to
+Dartmouth College in 1769. Arguing as counsel for the college, of which
+he was an honored graduate, Daniel Webster held that the charter of a
+private corporation was a contract which might not be impaired by an act
+of a state legislature. Chief Justice Marshall only restated and
+amplified Webster's argument, when he rendered the opinion of the court
+and declared that New Hampshire might not by law impair the charter of
+Dartmouth College. To the argument of the counsel for the Commonwealth,
+contending that the framers of the Constitution never contemplated such
+a broad use of the word "contract," Marshall replied that it was not
+enough to say this particular use of the word was not in the mind of the
+Convention when the article was adopted. "It is necessary to go farther,
+and to say that, had this particular case been suggested, the language
+would have been so varied as to exclude it, or it would have been made a
+special exception."
+
+The immense significance of this decision was not immediately apparent.
+The peculiar immunity which it gave to private property could not be
+appreciated until the rise of corporations with concentrated capital.
+Not even the Chief Justice foresaw that the guaranty of inviolability
+which he had thrown about a private educational corporation would be
+demanded with equal right by the great business corporations of the
+succeeding era.
+
+[Map: Highways of the United States about 1825]
+
+In the famous case of _Gibbons_ v. _Ogden_ (1824), the Supreme Court
+gave an interpretation of the commerce clause of the Constitution which
+also had a profound effect upon subsequent history. In the course of its
+decision the court declared unconstitutional a law of the State of New
+York which had granted an exclusive right to operate steamboats in the
+waters of New York. The regulation of commerce, the court held, had been
+given exclusively to Congress, and "commerce" as used in the
+Constitution comprehended not merely traffic and intercourse but also
+navigation. The power to regulate was regarded as a unit. In regulating
+commerce with foreign nations, the power of Congress does not stop at
+the jurisdictional lines of the several States. "If a foreign voyage may
+commence or terminate at a port within a State, then the power of
+Congress may be exercised within a State." Similarly, the court reasoned
+that commerce "among the States" cannot stop at the external boundary of
+each State. "Commerce among the States must of necessity be commerce
+with the States." In short, while expressly disclaiming that Congress
+had the power to regulate the internal commerce of a State, the court
+asserted the complete control of Congress over inter-state commerce so
+far as navigation was concerned. The deeper significance of this
+interpretation of the commerce clause appeared only when railroads began
+to span the continent and the jurisdictional lines of States were
+crossed and re-crossed by an ever-increasing volume of trade.
+
+Twenty-five years had wrought a vast change in the position of the
+national judiciary in the American constitutional system. "It is now
+seen on every hand," wrote Attorney-General Wirt, urging the appointment
+of Chancellor Kent to a vacancy on the Supreme Court bench, "that the
+functions to be performed by the Supreme Court of the United States are
+among the most difficult and perilous which are to be performed under
+the Constitution. They demand the loftiest range of talents and learning
+and a soul of Roman purity and firmness. The questions which come before
+them frequently involve the fate of the Constitution, the happiness of
+the whole Nation, and even its peace as it concerns other nations." In
+the light of the decisions reviewed, the nationalizing tendency of the
+federal judiciary is unmistakable. But a constitutional reaction had set
+in; and even while John Marshall was setting forth the doctrine of
+national sovereignty in its most uncompromising form, John C. Calhoun in
+the quiet of his estate in South Carolina was elaborating a defense of
+state rights on premises which the great Chief Justice had combated for
+a quarter of a century.
+
+
+     BIBLIOGRAPHICAL NOTE
+
+     An adequate history of the Supreme Court has yet to be written. H.
+     L. Carson, _The History of the Supreme Court of the United States,
+     with biographies of all the chief and associate justices_ (2 vols.,
+     1902-04), and H. Flanders, _The Lives and Times of the
+     Chief-Justices of the Supreme Court_ (2 vols., 1855-58), are
+     serviceable works. The best selection of cases on constitutional
+     law is that by J. B. Thayer, _Cases in Constitutional Law_ (2 vols.,
+     1894-95). Some of the more important decisions may be found
+     abridged in Allen Johnson's _Readings in American Constitutional
+     History_ (1912). W. W. Willoughby, _The Supreme Court: its History
+     and Influence in our Constitutional System_ (1890), and _The American
+     Constitutional System_ (1904), are interesting volumes by an
+     authority on constitutional law. J. P. Kennedy, _Memoirs of the Life
+     of William Wirt_ (2 vols., 1850); G. J. McRee, _Life and
+     Correspondence of James Iredell_ (2 vols., 1857-58); W. W. Story,
+     _Life and Letters of Joseph Story_ (2 vols., 1851); and G. T.
+     Curtis, _Life of Daniel Webster_ (2 vols., 1870), contribute to an
+     understanding of the relation of the federal bench and bar.
+     Especially valuable is Charles Warren's _History of the American
+     Bar, Colonial and Federal, to 1860_ (1911). The progress of American
+     law is reviewed in _Two Centuries' Growth of American Law,
+     1701-1901_, by members of the faculty of the Yale Law School.
+
+
+
+
+INDEX
+
+
+Adams, Abigail, 120, 121.
+
+Adams, John, Minister to England, 7;
+  demands Western posts, 17;
+  on the adoption of the Constitution, 41;
+  elected Vice-President, 48;
+  on the President's address, 50;
+  re-elected Vice-President, 67;
+  candidate for the Presidency, 92;
+  elected President, 93;
+  his attitude toward France, 96;
+  appoints commissioners, 96-97;
+  urges preparations for war, 98;
+  sends X Y Z letters to Congress, 98;
+  appoints officers of army, 101-02;
+  at odds with Hamilton faction, 103;
+  resumes relations with France, 103-04;
+  his title to fame, 104;
+  pardons Fries, 113;
+  candidate for Presidency (1800), 116;
+  and federal judiciary, 121-22;
+  presidential elector (1820), 280;
+  on European entanglements, 289-90;
+  offers Chief Justiceship to Jay, 331.
+
+Adams, John Quincy, and the practice of law, 20;
+  on the new Constitution, 41;
+  special envoy to England, 87;
+  secures amendment of Jay Treaty, 88;
+  defends the embargo, 189;
+  resigns from Senate, 193;
+  commissioner at Ghent, 227-29;
+  on Jackson's invasion of Florida, 262;
+  his reply to Spain, 262-63;
+  on recognition of South American Republics, 290-91;
+  challenges British claims on Pacific, 292;
+  on future of Cuba, 292-93;
+  protests Russian claims on the Pacific Coast, 293;
+  advises against joint declaration with England, 295;
+  candidate for the Presidency (1824), 308;
+  favors internal improvements, 310;
+  favors Tariff of 1824, 312;
+  his electoral vote (1824), 312;
+  wins Clay's following, 313-14;
+  elected President by the House, 314;
+  appoints Clay Secretary of State, 315;
+  his first message, 318-19;
+  and the civil service, 318-19;
+  on the Panama Congress, 320, 321;
+  and the Creek Indians, 324-26;
+  and the Cherokee Indians, 326-27.
+
+Adet, French Minister to United States, interferes in the election
+  of 1800, 92-93;
+  on Jefferson as an American, 290.
+
+Agriculture, American, 126-27.
+
+Alabama, admitted as a State, 251.
+
+Alien and Sedition Acts, 109;
+  petitions for the repeal of, 112;
+  expiration of, 135.
+
+Allston, Washington, 286.
+
+Ambrister, Robert C., 261-62.
+
+Amelia Island, _entrepot_ for neutral trade, 199;
+  occupied by the United States, 204;
+  evacuated, 219.
+
+American character, disclosed by the war, 232-33.
+
+American Insurance Company _v._ Canter, 341-42.
+
+American literature, want of, 283;
+  from 1815 to 1830, 284.
+
+Ames, Fisher, on the heads of departments, 89-90;
+  on the Republican opposition, 108;
+  on democracy, 161-62.
+
+Annapolis Trade Convention, 28.
+
+_Anthology and Boston Review_, 283.
+
+Anti-Federalists, and the Constitution, 39.
+
+Appointments, by Washington, 54-55;
+  by John Adams, 122;
+  by Jefferson, 130-31;
+  by John Q. Adams, 318-19.
+
+Arbuthnot, Alexander, 261-62.
+
+Army, at the establishment of Government, 55;
+  provisional, in 1798, 101-03;
+  at the beginning of the War of 1812, 212;
+  after the War of 1812, 241.
+
+Articles of Confederation, proposed amendments to, 6;
+  inadequacy of, 16-17, 21-24, 25-27.
+
+Assumption of state debts, 58-61.
+
+
+Ballou, Hosea, 288.
+
+Baltimore, and Western trade, 254, 256.
+
+Bancroft, George, 287.
+
+Bank of the United States, opposed by Jefferson, 62;
+  advocated by Hamilton, 63;
+  charter of, 63;
+  speculation in the stock of, 63-64;
+  Congress refuses to recharter, 239;
+  charter of the second, 239-40;
+  management of, 267;
+  investigation of, 267;
+  popular hostility to, 267-68;
+  taxation of the branches of, 268.
+
+Baptists, in New England, 247;
+  in the West, 301-02.
+
+Barbour, James, 271.
+
+Baumeler, Joseph, 246, 302.
+
+Bayard, James A., and the election of 1801, 118-19;
+  commissioner at Ghent, 227.
+
+Benton, Thomas H., on the election of 1825, 315-16.
+
+Berlin Decree, of Napoleon, 187;
+  its revocation, 200.
+
+Bible Society of the United States, 301.
+
+Bladensburg, battle of, 222.
+
+Blennerhassett, Harman, and Burr, 172-73, 175-76.
+
+Blockade of American ports by British cruisers, 181-82, 201, 218, 233.
+
+Blount conspiracy, 97.
+
+Bonus Bill, advocated by Calhoun, 257;
+  vetoed by Madison, 257.
+
+Boone, Daniel, 14.
+
+Boston, as an intellectual and literary center, 287.
+
+Bowdoin, Governor James, and Shays' Rebellion, 20-21;
+  suggests convention of the States, 27.
+
+Breckenridge, John, 110.
+
+Brown, Jacob, 220.
+
+Brown, Moses, 124.
+
+Bryant, William Cullen, 284.
+
+Burr, Aaron, candidate for the Vice-Presidency (1796), 92;
+  on politics in Connecticut, 115;
+  carries the city of New York (1800), 115-16;
+  elected Vice-President (1800), 118;
+  candidate for Governor of New York, 165;
+  approached by Federalists, 165-66;
+  his duel with Hamilton, 166;
+  his intrigues, 172-73;
+  his expedition, 173-76;
+  his arrest and trial, 176-78.
+
+
+Cabot, George, 164.
+
+Calhoun, John C., repudiates peaceable coercion, 207;
+  favors Tariff of 1816, 237;
+  his nationalism, 241-42;
+  on constitutional limitations, 242;
+  his Bonus Bill, 257;
+  Secretary of War, 258;
+  candidate for the Presidency, 307;
+  candidate for the Vice-Presidency, 308;
+  elected Vice-President, 312;
+  on the Tariff of 1828, 328-29;
+  elaborates his defense of state rights, 345.
+
+Campbell, Alexander, 288.
+
+Canada, proposed conquest of, 203, 213.
+
+Canals, constructed and projected, in 1825, 255-56.
+
+Canning, George, and the Chesapeake affair, 186;
+  on the embargo, 191;
+  on British naval losses, 216;
+  on intervention, 292;
+  overtures to Rush, 294;
+  on the new doctrine of President Monroe, 296.
+
+Capital, location of the national, 60-61;
+  removed from Philadelphia to Washington, 119-21.
+
+Caucus,
+  _congressional_ (1800), 116;
+      (1804), 167;
+      (1808), 193-94;
+      (1812), 216;
+      (1816), 243;
+        hostility to, 307, 308;
+      (1824), 308.
+  _legislative_, 305.
+
+Channing, William E., 288.
+
+Chase, Samuel, impeachment of, 139-41.
+
+Cherokee Indians, in Georgia, 326-27.
+
+Chesapeake Bay, navigation of, 27-28;
+  British military operations in, 221-23.
+
+Chesapeake, United States frigate, and the Leopard, 184-86;
+  reparation offered for, 197;
+  avenged, 202;
+  captured, 218.
+
+Chippewa, battle of, 220.
+
+Cincinnati, Society of the, 24.
+
+Civil service. _See_ Appointments.
+
+Claiborne, W. C. C., Governor of the Mississippi Territory, reports
+  withdrawal of the right of deposit, 148;
+  takes possession of West Florida, 204.
+
+Clark, George Rogers, and Genet, 74-75.
+
+Clay, Henry, his early career, 202-03;
+  in the Senate, 203;
+  Speaker of the House, 207;
+  commissioner at Ghent, 227, 229;
+  his nationalism, 241-42;
+  on the National Bank Bill, 242;
+  opposes the Florida Treaty, 264-65;
+  on the extension of slavery, 270;
+  on the admission of Missouri, 279;
+  on the counting of the electoral vote (1820), 280;
+  advocates an American system, 289;
+  candidate for the Presidency (1824), 307-08;
+  on internal improvements, 309-10;
+  urges a protective tariff, 310;
+  favors the Tariff of 1824, 312;
+  his electoral vote (1824), 312;
+  and Jackson, 313, 314, 315;
+  and Crawford, 313;
+  and Adams, 313-14;
+  accepts Secretaryship of State, 314;
+  denies corrupt-bargain charge, 313-15;
+  favors Panama Congress, 320;
+  on the status of Cuba, 321.
+
+Clinton, De Witt, nominated for the Presidency (1812), 216;
+  promotes the Erie Canal, 255-56.
+
+Clinton, George, candidate for Vice-Presidency (1792), 67;
+  elected Vice-President (1804), 167;
+  candidate for the Presidency (1808), 194.
+
+Cohens _v._ Virginia, 336-37.
+
+Colonization Society, 272.
+
+Commerce,
+  _foreign_, during the Revolution, 2;
+      restrictions upon, 3, 7;
+      power to regulate, 34;
+      revival of, 46-47;
+      aggressions on, 76-77, 86-87;
+      and Jay's Treaty, 85-87;
+    Mississippi opened to, 87;
+    during European wars, 124, 179-80;
+    during the War of 1812, 233;
+    after the Treaty of Ghent, 233-34.
+  _internal_,
+    between South and Northwest, 252-53;
+    along the Mississippi, 253-54;
+    between East and other sections, 254-56.
+
+Commonwealth _v._ Caton, 19.
+
+Compromises of the Constitution, 33-35.
+
+Congress,
+  _of the Confederation_, and finance, 5-6;
+    peregrinations of, 6;
+    and foreign commerce, 7-8;
+    and the public domain, 8;
+    organizes the Northwest Territory, 10-12;
+    and the State of Franklin, 15;
+    and Shays' Rebellion, 21-22;
+    and the Annapolis Convention, 28-29;
+    and the new Constitution, 38, 44.
+  _of the new Union_, elections to, 44;
+    assembles, 47;
+    organizes, 48;
+    attends the counting of the electoral vote, 48;
+    hears the inaugural address, 48, 49;
+    enters upon its duties, 50.
+
+Connecticut, favors the open door, 8;
+  ratifies the Constitution, 41;
+  refuses call for militia, 213;
+  and the Hartford Convention, 224;
+  adopts a new Constitution, 304;
+  suffrage in, 304;
+  authorizes first law reports, 332.
+
+Connecticut Wits, the, 123.
+
+Constitution of the United States, drafting of, 30-35;
+  publication of, 35-38;
+  ratification of, 39-43;
+  voting on, 43-44;
+  first amendments to, 55;
+  Twelfth Amendment to, 166-67;
+  judicial interpretation of, 331-45.
+
+Constitution, United States frigate, captures L'Insurgente, 101;
+  captures the Guerriere, 215;
+  captures the Java, 216.
+
+Constitutions, of new States, 303-04;
+  of the old States, 304-05.
+
+Convention of 1787, origin, 28-29;
+  choice of delegates to, 29;
+  proceedings of, 30-38;
+  journal of, 30;
+  its work, 35-36.
+
+Cooper, J. Fenimore, 285.
+
+Corrupt-bargain cry, in 1825, 313-15.
+
+Cotton gin, invention of, 127;
+  effect of, 127-28.
+
+Cotton-growing, spread of, 127, 249-51.
+
+Cotton manufacturing, beginnings of, 124;
+  after the embargo, 234-35;
+  after the Peace of Ghent, 235-36.
+
+Court reports, first published, 332.
+
+Courts, federal. _See_ Federal judiciary, Judiciary Act, etc.
+
+Crawford, William H., candidate for presidential nomination (1816), 243-44;
+  nominated for the Presidency (1824), 308;
+  on internal improvements, 310;
+  on the Tariff of 1824, 312;
+  his electoral vote (1824), 312;
+  his vote in the election by the House, 314.
+
+Creek Indians, rising of, 219;
+  capitulation of, 220;
+  in East Florida, 260;
+  lands in Georgia, 324-26.
+
+Crisis of 1819, 266-67.
+
+Cuba, interest of the United States in, 293, 321.
+
+Cumberland Road. _See_ National Road.
+
+Currency, under the Confederation, 5;
+  after the War of 1812, 238-39, 240-41.
+
+Cushing, William, 54.
+
+Cutler, Manasseh, 11-12.
+
+
+Dallas, A. J., Secretary of the Treasury, and the tariff, 237-38;
+  and the new National Bank, 241.
+
+Dartmouth College Case, 342-43.
+
+Davis, Jefferson, father of, 249.
+
+Dearborn, Henry, Secretary of War, 130-31;
+  in the War of 1812, 213, 218.
+
+Decatur, Stephen, 145, 215.
+
+Delaware, instructs delegates to the Federal Convention, 30;
+  ratifies the Constitution, 41.
+
+Democracy in the United States, 298-301, 303-07.
+
+Democratic societies, founded, 75;
+  condemned by Washington, 83-84.
+
+_Demos Krateo_ principle, 315-16.
+
+Dennie, Joseph, 283.
+
+Departments, executive, organized, 51-52;
+  Fisher Ames on, 89-90.
+
+Deposit, right of, at New Orleans, 87;
+  withdrawn, 148.
+
+Detroit, surrender of, 214.
+
+Dorchester, Lord, Governor of Canada, 68, 78-79.
+
+Duties on imports, proposed in 1781, 1783, 6.
+
+Dwight, Timothy, his _Conquest of Canaan_, 123;
+  on the back-country people, 247.
+
+
+East Florida, revolution in, 204;
+  occupied by United States, 204;
+  rendezvous, 259-60;
+  invaded by Jackson, 260-62.
+
+Ellsworth, Oliver, 53-54.
+
+Embargo Act, _of 1794_, 79;
+  _of 1807_, 188-89;
+    enforcement of, 190-91, 194-95;
+    as a coercive weapon, 190, 192;
+    effect of, 191-93;
+    in New England, 193, 195;
+    repeal of, 196;
+  _of 1812_, 209.
+
+Emerson, Ralph Waldo, 287.
+
+Emigration, from New England, 247-48;
+  from the Middle States, 248;
+  from the South, 249.
+
+Era of Good Feelings, 266.
+
+Erie Canal, construction of, 255-56.
+
+Erskine, D. M., British Minister to the United States, 197.
+
+Essex, case of the, 180.
+
+Essex Junto, 164, 193, 224.
+
+Everett, Edward, 287.
+
+Executive Departments, establishment of, 51-52.
+
+
+Fallen Timber, battle of, 80-81.
+
+Far West, 258-59.
+
+Fauchet, J. A. J., succeeds Genet, 76;
+  urges acquisition of Louisiana, 91.
+
+Fearon, Henry B., 247, 248.
+
+Federal Convention of 1787. _See_ Convention of 1787.
+
+_Federalist_, the, 43.
+
+Federalist party, origin of, 39-40.
+  _See also_ Presidential elections.
+
+Finances, of the Confederation, 5-6;
+  of the new Government, 50-51, 56-64.
+
+Fiscal administration, beginnings of national, 51.
+
+Fisheries, discussed at Ghent, 229;
+  in the Convention of 1818, 259.
+
+Fletcher _v._ Peck, 170, 342.
+
+Floridas, controversy over the boundaries of, 16, 68;
+  northern boundary settled, 87;
+  proposed purchase of, 148;
+  and the province of Louisiana, 151, 158-59;
+  sought by Jefferson, 170-71;
+  acquisition of, 264.
+
+Florida Treaty, 264-65.
+
+Foreign-born in the United States, 245-46.
+
+Foster, A. J., British Minister to the United States, 201.
+
+France, concessions to American commerce, 46;
+  covets Spanish colonies, 70-71;
+  sends Genet to United States, 71-72;
+  demands rights under treaties of 1778, 72-73;
+  substitutes Fauchet for Genet, 76;
+  opens colonies to neutral trade, 76-77;
+  attempts to procure Louisiana, 91;
+  offended at Jay's Treaty, 92-93;
+  refuses to receive Pinckney, 95;
+  the X Y Z affair, 98-99;
+  involved in hostilities with United States, 101;
+  convention of 1800, 104, 146;
+  acquires Louisiana, 146;
+  expedition against Santo Domingo, 146-47;
+  cedes Louisiana to United States, 149, 150;
+  continental system, 187-88;
+  and the embargo, 191-92;
+  sequesters American vessels, 199-200;
+  withdraws decrees, 200.
+
+Franklin, Benjamin, in the Convention of 1787, 30, 32.
+
+Franklin, State of, 15.
+
+French Revolution, influence on America, 72.
+
+Freneau, Philip, 65-66, 123.
+
+Fries Rebellion, 113.
+
+Fulton, Robert, 232.
+
+
+Gallatin, Albert, Representative, 89;
+  on the treaty-making power, 90-91;
+  Secretary of the Treasury, 130;
+  his policy of retrenchment, 132-33;
+  and the Mediterranean Fund, 144;
+  urges enforcement of the embargo, 194;
+  recommends war taxes, 208;
+  commissioner at Ghent, 227, 229;
+  and the Convention of 1818, 259;
+  on equality in Pennsylvania, 300.
+
+Gardoqui, Don Diego de, Spanish Minister to United States, 16.
+
+Genet, E. C., French Minister to United States, 71-72;
+  designs on Florida and Louisiana, 73;
+  sets up prize courts, 73-74;
+  revolutionary activities, 73-75;
+  discredited, 76;
+  recalled, 76.
+
+Georgia, ratifies the Constitution, 41;
+  and the Yazoo land grants, 168-70;
+  and the Creek Indians, 324;
+  protests against the Treaty of Washington, 325;
+  and the Indian lands, 325-26;
+  protests against the tariff, 327.
+
+Gerry, Elbridge, commissioner to France, 96;
+  and the X Y Z affair, 98-100;
+  elected Vice-President (1812), 216.
+
+Ghent, Treaty of, preliminary negotiations, 227-29;
+  terms of, 229-30.
+
+Gibbons _v._ Ogden, 343-45.
+
+Giles, William, resolution censuring Hamilton, 66;
+  on the reform of the judiciary, 134-35;
+  on impeachment, 140.
+
+Gray, Captain Robert, of the Columbia, 47.
+
+Great Britain, imposes restriction on American commerce, 3;
+  refuses commercial treaty, 7;
+  retains Western posts, 7;
+  Nootka Sound affair, 69;
+  policy in the Northwest, 68-70;
+  and the Rule of 1756, 76-77;
+  preys on neutral commerce, 77-78;
+  and the Jay Treaty, 84-88;
+  and the Blount conspiracy, 97;
+  and the case of the Essex, 180;
+  exercises right of search, 182;
+  condones impressment, 182;
+  evades reparation for the Chesapeake affair, 186;
+  demands recall of proclamation, 186;
+  retaliates for French decrees, 188;
+  and the embargo, 191;
+  repudiates Erskine Treaty, 197;
+  recalls Jackson, 198;
+  and the withdrawal of French decrees, 200;
+  offers reparation for the Chesapeake affair, 201;
+  blockades New York, 201;
+  incurs American hostility, 208-10;
+  withdraws orders in council, 210;
+  and the War of 1812, 212-30;
+  declines Russian mediation, 227;
+  negotiates for peace, 227;
+  concludes Treaty of Ghent, 228-29;
+  concludes Convention of 1818, 259;
+  aroused by Jackson's Florida campaign, 262;
+  and the European congresses, 291;
+  protests against intervention, 292;
+  overtures to the United States, 292-94.
+
+Green _v._ Biddle, 340.
+
+Greenville, Treaty of, 87;
+  disregarded by settlers, 205.
+
+Grenville, Lord, negotiates with Jay, 79, 85.
+
+Griswold, Roger, on the treaty-making power, 90;
+  and the project of a New England confederacy, 164;
+  on the office of Vice-President, 167.
+
+Grundy, Felix, 207.
+
+Guerriere, British frigate, 202, 215.
+
+
+Hamilton, Alexander, defends Waddington, 4;
+  drafts Annapolis report, 28;
+  on the opposition to the Constitution, 41;
+  contributes to the _Federalist_ papers, 43;
+  and the bill to establish the Treasury Department, 52;
+  Secretary of the Treasury, 54;
+  first Report on the Public Credit, 56-60;
+  alleged deal with Jefferson, 61-62;
+  second Report, 61-62;
+  on the National Bank Bill, 62-63;
+  on the French treaties, 73;
+  defends Jay's Treaty, 86;
+  retires from the Treasury, 89;
+  and the Presidency, 92;
+  advises recall of Monroe, 95;
+  major-general, 102;
+  urges enforcement of Alien Act, 113;
+  hostility to John Adams, 116;
+  opposes Federalist alliance with Burr, 165;
+  duel with Burr, 166.
+
+Hard times, under the Confederation, 2-3;
+  in 1819-20, 268-69.
+
+Harmar, Fort, seat of government in the Northwest, 14.
+
+Harrisburg Convention, 327-28.
+
+Harrison, William Henry, concludes Indian treaties, 205-06;
+  wins battle of Tippecanoe, 200;
+  in the War of 1812, 217-18.
+
+Hartford Convention, origin of, 224-25;
+  journal of, 225;
+  report of, 225-27.
+
+Harvard College, 287.
+
+Hayne, Robert Y., on the Panama Mission, 322-23.
+
+Henry of Prussia, Prince, and the regency of the United States, 24.
+
+Hicks, Elias, 288.
+
+Holy Alliance, designs of the so-called, 291.
+
+Hopkinson, Joseph, 101.
+
+Horseshoe Bend, battle of, 220.
+
+Hudson's Bay Company, 259.
+
+Hull, Captain Isaac, captures the Guerriere, 215.
+
+Hull, General William, surrenders Detroit, 214.
+
+
+Ildefonso, Treaty of, 146.
+
+Illinois, settlement of, 248;
+  admitted as a State, 251.
+
+Immigration into the United States, 245.
+
+Impeachment, of Senator Blount, 97;
+  of Judge Pickering, 138-39;
+  of Justice Chase, 139-41.
+
+Impressment of American seamen, in 1793-94, 77-78;
+  not mentioned in the Jay Treaty, 84-85;
+  condoned by the British Admiralty, 182;
+  deeply resented in United States in 1806, 183;
+  abolition demanded by Monroe, 186;
+  as a cause of the War of 1812, 209;
+  in the negotiations at Ghent, 228
+  and the Treaty of Ghent, 229-30.
+
+Imprisonment for debt, 269.
+
+Indiana, settlement of, 245;
+  admitted as a State, 251.
+
+Indian Treaties in the Northwest, 205-06.
+
+Industry, during the Revolution, 2;
+  revival of, 47;
+  protection of, in the tariff of 1789, 51;
+  growth of, 124.
+  _See also_ special industries, and Tariff Acts.
+
+Ingersoll, Jared, 216.
+
+Internal improvements, popular demand for, 255;
+  carried on by States, 255-56;
+  proposed by Gallatin in 1806, 256;
+  Calhoun's Bonus Bill, 257;
+  Madison on, 257;
+  Monroe on, 258;
+  in Congress, 258, 309;
+  Survey Bill, 309.
+
+Intervention of the Great Powers, in Italy, 292;
+  in Spain, 292.
+
+Irving, Washington, 284, 285.
+
+
+Jackson, Andrew, wins battle of Horseshoe Bend, 220;
+  concludes treaty with the Creeks, 220;
+  wins the battle of New Orleans, 227;
+  invades East Florida, 261-62;
+  on precedent, 268;
+  on rotation in office, 304;
+  candidate for the Presidency (1824), 307-08;
+  favors Survey Bill, 310;
+  favors protective policy, 312;
+  his electoral vote (1824), 312;
+  his vote in the House election, 314;
+  and Clay, 315;
+  significance of his popular vote, 316;
+  candidate for the Presidency (1828), 318.
+
+Jackson, F. J., British Minister to United States, 198.
+
+Jacobinism, 107, 114, 161.
+
+Jay, John, diplomatic agent of United States, 16;
+  contributes to the _Federalist_ papers, 43;
+  appointed Chief justice, 54;
+  envoy extraordinary to England, 79;
+  drafts treaty, 84;
+  declines appointment as Chief Justice, 331-32.
+
+Jay Treaty, negotiated, 84;
+  discussed in Senate, 84-85;
+  evaluation of, 85-86;
+  popular opinion of, 86;
+  amended in Senate, 86-87;
+  promulgated by President, 88;
+  debated in the House, 90-91;
+  gives offense to France, 92-93.
+
+Jefferson, Thomas, Ordinance of 1784, 8;
+  Secretary of State, 54;
+  on speculation in government paper, 58;
+  on assumption, 60-61;
+  on the excise, 62;
+  on the Bank Bill, 62-63;
+  his distrust of Hamilton, 64;
+  fears British designs on Louisiana, 69;
+  on the French treaties, 73;
+  proposes retaliatory legislation against England, 78;
+  candidate for the Presidency (1796), 92;
+  elected Vice-President, 93;
+  on war message of Adams, 98;
+  drafts Kentucky Resolutions, 110;
+  candidate for the Presidency (1800), 110;
+  directs political campaign of 1800, 112;
+  elected President, 118;
+  on the Revolution of 1800, 119;
+  personal appearance, 128;
+  on husbandry, 128;
+  on commerce and coercion, 129;
+  inaugural address, 129-30;
+  on the work of the general Government, 130;
+  and the patronage, 131-33;
+  mastery of Congress, 132, 133-34;
+  on retrenchment, 132-33;
+  on the judiciary, 134-35, 141, 331;
+  on impeachment, 141;
+  on the navy, 143;
+  on the retrocession of Louisiana, 147;
+  instructions to Livingston, 148;
+  his information about Louisiana, 152;
+  authorizes Lewis and Clark expedition, 152;
+  on the acquisition of Louisiana, 153-54;
+  on New England Federalism, 162-63;
+  reelected President (1804), 167;
+  attempts to acquire the Floridas, 170-71;
+  his proclamation against Burr, 175;
+  sends Pinkney to England, 181;
+  and the Chesapeake affair, 186;
+  recommends embargo, 190;
+  abdicates, 194;
+  favors protection of manufactures, 236;
+  on Canning's overtures, 294;
+  on internal improvements, 319.
+
+Johnson, R. M., 271.
+
+Judicial review, power of, 4, 19, 137-38.
+
+Judiciary Act, _of 1789_, passed, 53-54;
+    tested, 335-37;
+  _of 1801_, passed, 121-22;
+    repealed, 134-35.
+
+Judiciary, federal, organized, 53-54;
+  reorganized, 121-22;
+  and Republican reforms, 134-35;
+  feared by Jefferson, 331;
+  influence in 1800, 331-32;
+  controversy with Pennsylvania, 333-35;
+  controversy with Virginia, 336-37, 338-39;
+  expands the Constitution, 341-45;
+  nationalizing influence, 345.
+
+
+Kent, James, on universal suffrage, 305;
+  his appointment to the Supreme Court urged, 345.
+
+Kentucky, separatist movement in, 16;
+  admitted as a State, 55;
+  intrigues in, 68;
+  radical legislation in, 268;
+  protests against the decision of court in Green _v._ Biddle, 340.
+
+King, Rufus, candidate for the Vice-Presidency, 167, 194;
+  elected Vice-President, 244;
+  on slavery in Missouri, 277.
+
+Kirby, Ephraim, 332.
+
+Knox, Henry, refuses to serve in the provisional army, 10;
+  Secretary of War, 22, 55;
+  and Shays' Rebellion, 22.
+
+Kremer, George, 314.
+
+
+L'Ambuscade, French frigate, 74.
+
+Land Act of 1820, 269.
+
+Land Ordinance of 1785, 10.
+
+Lands, disposal of the public, 10-12, 269-70.
+
+Latrobe, Benjamin H., 123, 236.
+
+Leander, British frigate, 181-82.
+
+Leclerc, V. E., expedition against Santo Domingo, 146-47, 149.
+
+Lee, Henry, and the Whiskey Insurrection, 83.
+
+Leopard-Chesapeake affair, 184-86.
+
+Lewis and Clark expedition, 152-53.
+
+Lincoln, Abraham, father of, 249;
+  education of, 303.
+
+Lincoln, Levi, 130-31.
+
+L'Insurgente, French frigate, 101.
+
+Little Belt, British sloop-of-war, 202.
+
+Little Sarah affair, 75.
+
+Livingston, Robert, Minister to France, 148-49;
+  negotiates for Louisiana, 150-51;
+  on the bounds of Louisiana, 151, 158-59.
+
+Louisiana, Spanish province, threatened by France, 71;
+  retroceded to France, 146;
+  acquired by the United States, 149-51;
+  Senate opposition to, 155-56;
+  provision for the government of, 156-58;
+  transfer of, 157;
+  bounds of, 158-59;
+  western boundary settled, 264.
+
+Lowndes, William, 307.
+
+Lundy's Lane, battle of, 220.
+
+Lyon, Matthew, prosecution of, 110.
+
+
+M'Culloch _v._ Maryland, 268, 337-38.
+
+Macdonough, Thomas, wins battle of Plattsburg, 221-22.
+
+McHenry, James, Secretary of War, 101, 103.
+
+Maclay, William, on the President's address, 50;
+  on the Judiciary Act, 54.
+
+Macon bills, 199.
+
+Macon, Nathaniel, Speaker of the House, 133-34;
+  on non-intercourse, 199.
+
+Madison, James, on affairs in Georgia, 7;
+  on state jealousies, 8;
+  in the Federal Convention, 29-30;
+  contributes to the _Federalist_ papers, 43;
+  proposes constitutional amendments, 55;
+  on stock-jobbing, 63-64;
+  on Hamilton's financial policy, 64;
+  proposes retaliatory legislation (1793), 78;
+  drafts Virginia Resolutions, 110-11;
+  Secretary of State, 130;
+  on the Yazoo commission, 169;
+  favors peaceable coercion, 180-81;
+  on impressments, 186;
+  and George Rose, 187;
+  elected President, 194;
+  and Erskine, 197;
+  and Jackson, 198;
+  issues proclamation against England, 200;
+  authorizes occupation of West Florida, 204;
+  and the war party, 208-09;
+  recommends an embargo, 209;
+  his war message, 209-10;
+  his proclamation of war, 210;
+  reelected President (1812), 216-17;
+  and New England, 223, 225;
+  his estimate of the war, 231-32;
+  favors mild protection of industries, 236;
+  vetoes Bank Bill, 239;
+  signs second Bank Bill, 239;
+  message of 1815, 241;
+  his farewell address, 243, 257;
+  on Canning's overtures, 294.
+
+Magazines as literature, 1815-30, 284.
+
+Mahan, Admiral A. T., on the War of 1812, 231.
+
+Maine, the admission of, 275-77;
+  suffrage in, 304.
+
+Malbone, Edward G., 286.
+
+Manufactures, beginnings of, 46, 124.
+  _See_ special industries.
+
+Marbury _v._ Madison, case of, 136-37;
+  constitutional importance of, 333.
+
+Marietta, founding of, 13.
+
+Marshall, John, on the Constitution as the expression of the will of
+  the people, 43;
+  commissioner to France, 96;
+  and the X Y Z affair, 98-100;
+  appointed Chief Justice, 136;
+  and Jefferson, 136;
+  opinion in Marbury _v._ Madison, 136-37, 333;
+  at the trial of Burr, 177-78;
+  influence of, 332-33;
+  opinion in United States _v._ Peters, 334;
+  opinion in Cohens _v._ Virginia, 336-37;
+  opinion in M'Culloch _v._ Maryland, 337-38;
+  opinion in United States _v._ Fisher, 338;
+  opinion in American Insurance Company _v._ Canter, 341-42;
+  opinion in Fletcher _v._ Peck, 342;
+  opinion in Dartmouth College Case, 342-43;
+  opinion in Gibbons _v._ Ogden, 343-45.
+
+Martin, Luther, 18, 177.
+
+Martin _v._ Hunter's Lessee, 335-36.
+
+Maryland, commercial differences with Virginia, 27-28;
+  ratifies the Constitution, 41;
+  taxes branch bank, 337.
+
+Mason, George, 34.
+
+Massachusetts, disorders in, 19-20;
+  Shays' Rebellion, 20-22;
+  ratifies the Constitution, 41;
+  refuses call for militia, 213;
+  calls Hartford Convention, 224;
+  dispatches commissioners to Washington, 227;
+  suffrage in, 305.
+
+Mediterranean Fund, 144.
+
+Methodism, in New England, 247;
+  in the West, 301-02.
+
+Metternich, Prince, and the Holy Alliance, 291-92.
+
+Migration, inter-state, after the Revolution, 13-14;
+  after the War of 1812, 246-47.
+
+Milan Decree, issued by Napoleon, 188;
+  withdrawn, 200.
+
+Militia question, in Massachusetts, 213, 223.
+
+Miranda, Francisco, 70.
+
+Missionary enterprises, 288.
+
+Mississippi, admitted as a State, 25;
+  suffrage in, 303.
+
+Mississippi River, navigation of, 16, 87, 229.
+
+Missouri, admission as a State, 277, 279;
+  electoral vote in 1820, 280.
+
+Missouri Compromise, the, 277.
+
+Missouri controversy, political aspects, 274-75;
+  and public opinion, 275;
+  constitutional aspects, 276-77;
+  settlement, 277, 279.
+
+Monroe, James, Minister to France, 94-95;
+  recalled, 95;
+  and the purchase of Louisiana, 149-50;
+  Minister to England, 183-84;
+  candidate for the Presidency (1808), 194;
+  elected President (1816), 244;
+  on internal improvements, 258;
+  and General Jackson, 260-63;
+  reelected President (1820), 280;
+  on recognition of South American republics, 290;
+  on Canning's overtures, 294;
+  re-drafts message, 295;
+  message of 1823, 295-96;
+  vetoes Cumberland Road Bill, 309;
+  pardons Pennsylvania militiamen, 334-35.
+
+Monroe Doctrine, genesis of, 289-95;
+  in the President's message, 295-96;
+  Canning on, 296;
+  implications of, 296-97, 322.
+
+Moore, Thomas, on American letters, 123.
+
+Morfontaine, Treaty of, 104, 146.
+
+Mormonism, rise of, 302.
+
+Morris, Gouverneur, in Federal Convention, 35-36;
+  on the Constitution, 331.
+
+Morris, Robert, Superintendent of Finance, 5.
+
+
+Napoleon Bonaparte, concludes convention with United States, 146;
+  acquires Louisiana, 146;
+  sends Leclerc against Santo Domingo, 146;
+  sells Louisiana to United States, 149-50;
+  his Berlin Decree, 187;
+  his Milan Decree, 188;
+  sequesters American vessels, 189-200;
+  and the embargo, 191-92;
+  revokes decrees, 200.
+
+_National Gazette_, Republican newspaper, 65.
+
+National Road, construction of, 256;
+  appropriations for, 258;
+  bill for collection of tolls on, 309.
+
+Naturalization Act, _of 1798_, 109;
+  _of 1801_, 135-36.
+
+Navigation laws, want of power in Congress to pass, 7;
+  of the States, 8;
+  passed by Congress (1789), 51;
+  and shipping, 124.
+
+Navy of the United States, in 1798-99, 101;
+  under Jefferson, 133;
+  in Tripolitan War, 144-45;
+  in the War of 1812, 212-30, _passim_.
+
+Navy Department, established, 101.
+
+Neutrality, proclamation of, 72-73.
+
+Neutral trade. _See_ Commerce.
+
+New England Confederacy, projected in 1804, 163-66.
+
+New England Federalism, characteristics of, 161-63;
+  and the embargo, 192-93, 195-96.
+
+New Hampshire, ratifies the Constitution, 41;
+  on assumption, 60;
+  and the Hartford Convention, 224.
+
+New Jersey, and its neighbors under the Confederation, 8;
+  ratifies the Constitution, 41.
+
+New Orleans, battle of, 227.
+
+Newspapers, character of, in 1800, 107, 110, 112;
+  founding of, 112.
+
+New York, treatment of the Tories in, 4;
+  ratifies the Constitution, 42-43;
+  settlement of western, 248;
+  constitution of 1821, 304-05.
+
+New York City, and Western trade, 255-56;
+  as a literary center, 286.
+
+Nicholson, Joseph, and the impeachment of Pickering, 139;
+  on the nature of impeachable offenses, 140.
+
+Nominating methods, changes in, 305, 307, 308.
+
+Non-Importation Act of 1806, 181, 188.
+
+Non-Intercourse Act of 1809, 196;
+  evasions of, 198-99;
+  enforcement of, 198-99;
+  revived against England, 201.
+
+Nootka Sound affair, 69.
+
+_North American Review_, founded 283-84.
+
+North Carolina, and the Watauga settlers, 14-15;
+  rejects the Constitution, 44;
+  ratifies the Constitution, 55.
+
+Northwest, receives settlers from New England, 13-14, 247;
+  from the Middle States, 248;
+  from the South, 248-49;
+  commerce of, 252-54.
+
+
+Ohio Company, origin of, 10-11;
+  concessions of Congress to, 11-12;
+  begins colonization, 13.
+
+Ohio, taxes branch Bank of the United States, 268;
+  seizes funds, 340;
+  forced to make restitution, 341.
+
+Olmstead, Gideon, claimant in federal courts, 333-34.
+
+Onis, Luis de, Spanish Minister to the United States, 262-64.
+
+Orders in council, _of 1783_, 3;
+  _of 1793-94_, 77-78;
+  _of 1807_, 188;
+  withdrawal in 1812, 210.
+
+Ordinance of 1784, 9;
+  _of 1785_, 10;
+  _of 1787_, 12-13.
+
+Oregon, joint occupation of, 259.
+
+Otis, Harrison Gray, 225.
+
+
+Palfrey, John G., 287.
+
+Panama, Congress, invitation to, 320-21;
+  opposition in Congress to, 322-23;
+  fate of the mission, 323.
+
+Paper money, continental, 5;
+  state, 17-18.
+
+Paris, Treaty of, aftermath of, 1-2.
+
+Parsons, Samuel, 11.
+
+Party, deprecated by Washington, 108;
+  identified with faction, 108-09;
+  rights of, in opposition, 114;
+  place of, in popular government, 119.
+
+Party organization, 107, 305, 307.
+
+Pasha of Tripoli, 143, 145.
+
+Paterson, William, in the Federal Convention, 31-32.
+
+Patronage. _See_ Appointments.
+
+Pennsylvania, and the Federal judiciary, 333-35.
+
+Perry, Oliver H., wins naval supremacy of Lake Erie, 217.
+
+Philadelphia, as the seat of government, 119-20;
+  as a literary center, 123;
+  and Western trade, 254, 256.
+
+Pickering, John, impeachment of, 138-39.
+
+Pickering, Timothy, Secretary of State, 103, 113;
+  on the Louisiana Treaty, 156;
+  plots a New England confederacy, 164;
+  opposes the embargo, 193;
+  secessionist in 1814, 225.
+
+Pike, Zebulon M., expeditions of, 153.
+
+Pinckney, Charles, and the election of 1800, 117.
+
+Pinckney, Charles C, Minister to France, 95;
+  commissioner to France, 96;
+  and the X Y Z affair, 98-99;
+  appointed major-general, 102;
+  candidate for the Vice-Presidency (1800), 116;
+  candidate for the Presidency (1804), 167;
+  candidate for the Presidency (1808), 194.
+
+Pinckney, Thomas, concludes Treaty of San Lorenzo, 87;
+  candidate for the Vice-Presidency (1800), 92-93.
+
+Pinkney, William, Envoy to England, 181;
+  negotiates treaty, 184;
+  takes abrupt leave, 201;
+  on the admission of Missouri, 276-77;
+  influence at the federal bar, 333.
+
+Pittsburg, distributing center in the West, 254.
+
+Plattsburg, battle of, 221-22.
+
+_Port Folio_, Dennie's, 283.
+
+Postal service in 1800, 106.
+
+Posts, retention of Western, 17, 68, 79, 84.
+
+Potomac, navigation of, 16, 27-28;
+  location of the capital on, 60-61.
+
+Preble, Edward, and the Tripolitan War, 145.
+
+Prescott, William H., 287.
+
+Presidency, created in the Federal Convention, 34-35.
+
+President, appointing and removing power of, 52.
+
+President, American frigate, 202.
+
+Presidential elections, _of 1788_, 48;
+  _of 1792_, 66-67;
+  _of 1796_, 92-94;
+  _of 1800_, 115-17;
+  _of 1801_, 118-19;
+  _of 1804_, 167;
+  _of 1808_, 193-94;
+  _of 1812_, 216-17;
+  _of 1816_, 243-44;
+  _of 1820_, 280;
+  _of 1824_, 312-13, 316;
+  _of 1825_, 314.
+
+Prevost, Sir George, 221-22.
+
+Privateers, in the War of 1812, 218-19.
+
+Prophet, the, 205.
+
+Public domain, origin of, 8.
+
+
+Quids, followers of Randolph, 170.
+
+
+Rambouillet, decree of, 199-200.
+
+Randolph, Edmund, in the Federal Convention, 30-31;
+  Attorney-General, 55;
+  on the French treaties of 1778, 73.
+
+Randolph, John, position in the House, 134;
+  in the Chase impeachment, 139-41;
+  and the Yazoo controversy, 169-70;
+  and the purchase of Florida, 171;
+  and the indictment of Burr, 177;
+  derides the Non-Importation Bill, 181;
+  on the cause of the War of 1812, 213;
+  on the Tariff of 1816, 237;
+  on state rights, 243;
+  on the Tariff of 1828, 330.
+
+Rapp, George, 302.
+
+Relief Act of 1821, 269.
+
+Republican court at Philadelphia, 119-20.
+
+Republican party, origin of, 64-67.
+  _See also_ Presidential elections.
+
+Revivals in New England, 288.
+
+Rhea letter to General Jackson, 261.
+
+Rhode Island, opposes changes in the Articles of Confederation, 6;
+  paper money craze, 18-19;
+  out of the new Union, 44;
+  ratifies the Constitution, 55;
+  and the Hartford Convention, 224.
+
+Right of deposit at New Orleans, 87;
+  withdrawn, 148.
+
+Roane, Spencer, resists judgment in the case of Martin _v._ Hunter's
+  Lessee, 336;
+  attacks the federal judiciary, 338-39.
+
+Robertson, James, 14, 68.
+
+Rodgers, John, 201, 202.
+
+Rose, George, 186-87.
+
+Rule of 1756, 76-77, 179-80.
+
+Rush, Benjamin, Minister to England, 259;
+  Canning's overtures to, 294.
+
+Russell, Jonathan, commissioner at Ghent, 227.
+
+Russia, offers to mediate in 1813, 227;
+  and the Holy Alliance, 291;
+  and intervention, 292;
+  claims on the Pacific Coast, 293;
+  concludes the Treaty of 1824, 296.
+
+Rutgers _v._ Waddington, 4.
+
+Rutledge, John, 54.
+
+
+St. Clair, Arthur, Governor of Northwest Territory, 14;
+  defeated by the Indians, 70.
+
+San Lorenzo, Treaty of, 87.
+
+Santo Domingo, negro republic, 146;
+  resists French expedition, 146-47.
+
+Scioto Company, land grants to, 11-12.
+
+Scott, Winfield, 220.
+
+Sedition Act, prosecutions under, 114.
+
+Seminole War, 260-262.
+
+Sevier, John, 15, 68.
+
+Shaker Societies, 302.
+
+Shays' Rebellion, 20-22.
+
+Shipping, of the United States, during the European wars, 124, 126;
+  after the Treaty of Ghent, 234.
+
+Simcoe, J. G., 80.
+
+Slater, Samuel, 124.
+
+Slavery, debated in Congress, 270-271, 277;
+  in Missouri, 270;
+  extent in 1789, 271-272;
+  decrease in North, 272;
+  recognized by the Constitution, 272-73;
+  congressional legislation on, 273-74;
+  and the Missouri Compromise, 277.
+
+Slave trade, acts relating to, 273;
+  extent of, 273;
+  forbidden by the Act of 1807, 273-74;
+  extent of, after 1808, 274.
+
+Smith, Joseph, 302.
+
+Smith, Robert, 140, 198.
+
+Smith, William, 105.
+
+Somers, Richard, 145.
+
+South, effect of cotton gin upon, 250;
+  extention of cotton growing in, 251-52;
+  becomes the market for Northwest, 252-53.
+
+South American republics, recognition of, 289-91.
+
+South Carolina, ratifies the Constitution, 41.
+
+Southwest, colonization of, 14-15, 249-52;
+  commerce of, 15-16;
+  a frontier society, 251-52;
+  diverges from Northwest, 252.
+
+Spain, disputes the line of 1783, 16-17;
+  in the Southwest, 68, 70;
+  concludes Treaty of San Lorenzo, 87;
+  withholds posts, 97;
+  cedes Louisiana to France, 146;
+  retains the Floridas, 159;
+  menaced by the United States, 170-72;
+  threatens hostilities, 173-74;
+  in East Florida, 260;
+  protests against Jackson's invasion, 262;
+  cedes the Floridas to the United States, 264;
+  loses her American colonies, 289-90;
+  invaded by France, 292.
+
+Specie payment, suspension of, 239;
+  resumption of, 240-41.
+
+Speculation, in Western lands, 10-12, 26-27;
+  in government paper, 58;
+  in bank stock, 63-64.
+
+Squatter, the, 251-52.
+
+State banks, increase of, 239;
+  notes of, 266.
+
+Steamboat, on Western waters, 253-54.
+
+Story, Joseph, and Marshall, 333;
+  appointed Associate Justice, 335;
+  on criticism of the judiciary, 339-40;
+  opinion in Martin _v._ Hunter's Lessee, 335-36.
+
+Stuart, Gilbert, 285.
+
+Supreme Court. _See_ Federal judiciary.
+
+Survey Bill, vote in Congress on, 309.
+
+Symmes, John C., land grants to, 11, 12;
+  begins colony, 14.
+
+
+Talleyrand-Perigord, C. M., urges acquisition of Louisiana, 98;
+  and the X Y Z affair, 98-99;
+  to the American commissioners, 100;
+  and the retrocession of Louisiana, 146;
+  and the cession of Louisiana to the United States, 149-50;
+  on the boundaries of the province, 159.
+
+Tallmadge, James, 270, 271.
+
+Tariff Act, _of 1789_, 50-51;
+  _of 1816_, 237-38;
+  _of 1824_, 310-13;
+  _of 1828_, 328-30;
+
+Tariff of Abominations. _See_ Tariff Act, of 1828.
+
+Taylor, John, on agriculture at the South, 126;
+  on the Louisiana Treaty, 156;
+  on state rights, 339.
+
+Taylor, John W., 271.
+
+Tecumseh, 205, 218, 219.
+
+Tennessee, settlement of, 14;
+  intrigues in, 68;
+  admitted as a State, 92.
+
+Thames, battle of the, 218.
+
+Thomas, Jesse B., 275-76.
+
+Ticknor, George, 287.
+
+Tippecanoe, battle of, 206.
+
+Tocqueville, De, on equality in America, 300;
+  on the character of Western society, 301.
+
+Tonnage dues, 51, 124.
+
+Tories, persecution of, 3-5.
+
+Toussaint L'Ouverture, 146.
+
+Tracy, Uriah, on the Louisiana Treaty, 155-56;
+  on a New England confederacy, 164.
+
+Trade. _See_ Commerce.
+
+Transportation, in 1800, 105.
+  _See also_ National Road, Canals, Internal improvements, etc.
+
+Travel, difficulties of, about 1800, 105-06;
+  improvement after the War of 1812, 255.
+
+Treasury, Secretary of, bill to establish, 52;
+  reports of, 56-62.
+
+Treaty-making power, debated in House, 90-91.
+
+Treaty of Paris (1783), 1;
+    (1794), 84-88;
+  of Greenville (1795), 87;
+  of San Lorenzo (1795), 87-88;
+  of Morfontaine (1800), 104, 146;
+  of Louisiana (1803), 150;
+  with Tripoli (1805), 145;
+    (1806), 184;
+    (1809), 197;
+  of Ghent (1814), 229-30;
+  with Spain (1819), 264.
+
+Trespass Act of New York, 4.
+
+Trevett _v._ Weeden, 19.
+
+Tripolitan War, 143-45.
+
+Troup, George M., 325-26.
+
+Trumbull, John, 236-37, 286.
+
+Tudor, William, 283.
+
+Turnpikes, construction of, 255.
+
+
+Unitarianism, rise of, 287-88.
+
+United States, frigate, 215.
+
+_United States Gazette_, Federalist newspaper, 66.
+
+United States _v._ Peters, 333-34.
+
+Universalism, rise of, 288.
+
+
+Van Buren, Martin, 243-44, 316, 323.
+
+Vans Murray, William, 103.
+
+Vermont, admitted as a State, 55;
+  refuses the call for militia, 224;
+  and the Hartford Convention, 224.
+
+Virginia and Kentucky Resolutions, 110-12.
+
+Virginia, commercial difficulties with Maryland, 27-28;
+  ratifies the Constitution, 41;
+  protests against internal improvements, 319-20;
+  on the Supreme Court (1809), 335;
+  protests against decisions of federal courts, 336-37;
+  proposes constitutional amendment, 339.
+
+
+War of 1812, preparations for, 208-09;
+  motives for, 208-10;
+  vote for, 210;
+  political aspects of, 212-13, 216-17, 223-27;
+  land operations of, 213-14, 217-18, 220-23;
+  naval operations, 215-16, 218-19, 221-22;
+  in the Southwest, 219-20;
+  end of, 228;
+  results of, 231-244, 282.
+
+Washington, George, on the prospects of the United States, 1;
+  on Tories, 3;
+  resigns commission, 6;
+  on the West, 16;
+  on Shays' Rebellion, 23;
+  in the Federal Convention, 29;
+  on the growth of industry, 46-47;
+  elected President, 48;
+  inauguration, 48-50;
+  appointments of, 54-55;
+  and the Bank Bill, 62-63;
+  levees of, 65;
+  reelected President, 66-67;
+  proclaims neutrality, 73;
+  sends Jay on mission to England, 79;
+  and the Whiskey Insurrection, 82-83;
+  censures Democratic Clubs, 83-84;
+  and the Jay Treaty, 86-88;
+  Farewell Address, 91-92;
+  appointed head of provisional army, 102.
+
+Wasp, American sloop-of-war, 215.
+
+Watauga settlement, 14.
+
+Wayne, Anthony, wins battle of Fallen Timber, 80-81;
+  secures Treaty of Greenville, 87.
+
+Webster, Daniel, on the principle of protection, 237;
+  on universal suffrage, 305;
+  and the Tariff of 1828, 330;
+  influence at the federal bar, 333;
+  counsel for Dartmouth College, 342.
+
+Wellington, Duke of, 214, 228-29.
+
+West, Benjamin, 285.
+
+West, the, social aspects, 252, 299-300;
+  political aspects, 298, 303-04;
+  intellectual aspects, 300-01, 302;
+  religious aspects, 301-02;
+  education in, 302-03.
+
+Western lands, speculation in, 26.
+
+West Florida, claimed by the United States, 151, 158-59;
+  revolt in, 203-04;
+  annexed in part, 204.
+
+Whiskey Insurrection, the, 81-83.
+
+Whitney, Eli, 127.
+
+Wilkinson, James, in Kentucky, 68;
+  his relation to Burr's conspiracy, 172-75, 177;
+  in the campaign of 1813, 218;
+  occupies West Florida, 219.
+
+Wilson, James, in the Federal Convention, 31;
+  appointed Associate Justice, 54.
+
+Wirt, William, 333, 345.
+
+Wolcott, Oliver, 89.
+
+Woolen manufacturing, beginnings of, 235;
+  after the War of 1812, 235-36.
+
+
+X Y Z affair, 98-100.
+
+
+Yazoo land controversy, 168-70, 342.
+
+
+
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