The Life of George Washington, Vol. 3 (of 5)
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[Sidenote: Propositions to Spain.]
Even congress relaxed for an instant from its habitual firmness; and,
receding from the decisive manner in which that body had insisted on
the territorial and maritime rights of the nation, directed the
American minister at Madrid to relinquish, if it should be absolutely
necessary, the claims of the United States to navigate the Mississippi
below the thirty-first degree of north latitude, and to a free port on
the banks of that river within the Spanish territory. It is remarkable
that only Massachusetts, Connecticut, and North Carolina, dissented
from this resolution; New York was divided.[69] On a subsequent day,
the subject was again brought forward, and a proposition was made for
still farther concessions to Spain; but this proposition was negatived
by all the states.[70]
[Footnote 69: Secret journals of Congress, v. 2, pp. 393, 396, 407.
This measure was moved by the delegation from Virginia, in consequence
of instructions of 2d Jan. 1781. Sec. 10, H. at large, 538.]
[Footnote 70: Secret journals of Congress, v. 2, p. 468.]
Happily for the United States, Mr. Jay, their minister at the court of
Madrid, required as the price of the concessions he was instructed to
make, that the treaty he was labouring to negotiate should be
immediately concluded.
[Sidenote: Recommendations relative to a duty on imported and prize
goods.]
The establishment of a revenue subject to the exclusive control and
direction of the continental government, was connected inseparably
with the restoration of credit. The efforts therefore to negotiate a
foreign loan were accompanied by resolutions requesting the
respective states to place a fund under the control of congress, which
should be both permanent and productive. A resolution was passed,
recommending to the respective states to vest a power in congress to
levy for the use of the United States a duty of five _per centum ad
valorem_ on all goods imported into any of them; and also on all
prizes condemned in any of the American courts of admiralty.
This fund was to be appropriated to the payment of both the principal
and interest of all debts contracted in the prosecution of the war;
and was to continue until those debts should be completely discharged.
Congress, at that time, contained several members who perceived the
advantages which would result from bestowing on the government of the
nation the full power of regulating commerce, and, consequently, of
increasing the import as circumstances might render adviseable; but
state influence predominated, and they were overruled by great
majorities. Even the inadequate plan which they did recommend was
never adopted. Notwithstanding the greatness of the exigency, and the
pressure of the national wants, never, during the existence of the
confederation, did all the states unite in assenting to this
recommendation; so unwilling are men possessed of power, to place it
in the hands of others.
[Sidenote: Reform in the organization of the executive departments.]
About the same time a reform was introduced into the administration,
the necessity of which had been long perceived. From a misplaced
prejudice against institutions sanctioned by experience, all the great
executive duties had been devolved either on committees of congress,
or on boards consisting of several members. This unwieldy and
expensive system had maintained itself against all the efforts of
reason and public utility. But the scantiness of the national means at
length prevailed over prejudice, and the several committees and boards
yielded to a secretary for foreign affairs, a superintendent of
finance, a secretary of war, and a secretary of marine. But so
miserably defective was the organization of congress, as an executive
body, that the year had far advanced before this measure, the utility
of which all acknowledged, could be carried into complete operation by
making all the appointments.
[Sidenote: Confederation adopted.]
About this time the articles of confederation were ratified. Much
difficulty was encountered in obtaining the adoption of this
instrument. The numerous objections made by the states yielded
successively to the opinion that a federal compact would be of vast
importance in the prosecution of the war. One impediment it was found
peculiarly difficult to remove. Within the chartered limits of several
states, were immense tracts of vacant territory, which, it was
supposed, would constitute a large fund of future wealth; and the
states not possessing that advantage insisted on considering this
territory as a joint acquisition. At length this difficulty also was
surmounted; and, in February, 1781, to the great joy of America, this
interesting compact was rendered complete.[71] Like many other human
institutions, it was productive, neither in war nor in peace, of all
the benefits which its sanguine advocates had expected. Had peace been
made before any agreement for a permanent union was formed, it is far
from being improbable that the different parts might have fallen
asunder, and a dismemberment have taken place. If the confederation
really preserved the idea of union until the good sense of the nation
adopted a more efficient system, this service alone entitles that
instrument to the respectful recollection of the American people, and
its framers to their gratitude.
[Footnote 71: The secret journals of congress, published under the
resolutions of March 27th, 1818, and April 21st, 1820, contain "A
History of the Confederation." The course of public opinion on a most
important point--the nature of the connexion which ought to be
maintained between these United States--may be in some degree
perceived in the progress of this instrument, and may not be entirely
uninteresting to the American reader.
So early as July, 1775, Doctor Franklin submitted "Articles of
Confederation and perpetual union" to the consideration of congress,
which were to continue in force until a reconciliation with Great
Britain should take place on the terms demanded by the colonies. Into
this confederation, not only all the British colonies on the
continent, but Ireland and the West India islands were to be admitted.
Congress was to consist of members chosen by each colony in proportion
to its numbers, and was to sit in each successively. Its powers were
to embrace the external relations of the country, the settling of all
disputes between the colonies, the planting of new colonies; and were
to extend to ordinances on such general subjects as, though necessary
to the general welfare, particular assemblies can not be competent to,
viz. "Those that may relate to our general commerce, or general
currency; the establishment of ports; and the regulation of our common
forces."
The executive was to consist of a council of twelve, selected by
congress from its own body, one-third of whom were to be changed
annually.
Amendments were to be proposed by congress; and, when approved by a
majority of the colonial assemblies, were to become a part of the
constitution.
In June, 1776, a committee was appointed to prepare and digest the
form of a confederation to be entered into between the United
Colonies, which brought in a draft (in the hand writing of Mr. John
Dickinson) on the 12th of the succeeding month.
This report was under debate until the 14th of November, 1777, on
which day congress agreed on the articles afterwards adopted by the
states.
In the scheme supposed to be prepared by Mr. Dickinson, the
confederation is considered as an alliance of sovereign states, who
meet as equals by their deputies assembled to deliberate on their
common concerns, each sovereign having a voice. This principle was
retained; but several modifications in the language and principle of
the original scheme were made, which indicate a watchful and growing
jealousy of the powers of congress.
In each, an article is introduced reserving the rights of the states.
That which is found in the report, "reserves to each state the sole
and exclusive regulation and government of its internal police, in all
matters that _shall not interfere with the articles of this
confederation_."
This article was so modified as to declare that "each state retains
its sovereignty," "and every power, jurisdiction and right, which is
not by this confederation _expressly_ delegated to the United States
in congress assembled."
This denial of all incidental powers had vast influence on the affairs
of the United States. It defeated, in many instances, the granted
powers, by rendering their exercise impracticable.
The report permits the states to impose duties on imports and exports;
provided they "do not interfere with any stipulations in treaties
hereafter entered into by the United States."
The confederation confines this restriction on the power of the state
to such duties as interfere with the stipulations in treaties entered
into "in pursuance of any treaties already proposed by congress to the
courts of France and Spain."
Each plan assigns to the state in which troops shall be raised for the
common defence, the power of appointing the field and inferior
officers. The confederation adds the power of filling up such
vacancies as may occur.
The report inhibits a state from endeavouring by force to obtain
compensation for advances made or injuries suffered during the war,
which shall not be allowed by congress.
The confederation omits this inhibition.
The report gives to congress the power of making treaties.
The confederation adds a proviso, "that no treaty of commerce shall be
made whereby the legislative power of the respective states shall be
restrained from imposing such imports and duties on foreigners as
their own people are subjected to, or from prohibiting the exportation
or importation of any species of goods or commodities whatever."
The report authorizes congress to appoint "courts for the trial of all
crimes, frauds, and piracies committed on the high seas, or on any
navigable river not within a county or parish."
The confederation limits the jurisdiction to "piracies and felonies
committed on the high seas."
Both empower congress to appoint courts for the trial of appeals in
cases of capture; but the confederation provides that no member of
congress shall be appointed a judge of any such court.
Both empower congress to settle differences between the states. The
confederation prescribes minutely the manner in which this power shall
be exercised.
Both empower congress "to regulate the trade and manage all affairs
with the Indians." The confederation provides "that the legislative
right of any state within its own limits be not infringed or
violated."
The report gives the power of "establishing and regulating post
offices throughout all the United Colonies (states) _on the lines of
communication_ from one colony (state) to another."
The confederation varies the phraseology and adds, "and exacting such
postage on the papers passing through the same as may be requisite to
defray the expenses of the said office."
The report places many important portions of the executive power in a
council of state, to consist of one delegate from each state to be
named annually by the delegates of that state.
The confederation empowers congress to appoint a committee to sit in
the recess of congress, to be denominated "a committee of the states,"
and to consist of one delegate from each state, to exercise such
powers as congress might from time to time vest them with.
A few of the states agreed to ratify the confederation
unconditionally. By many, amendments were proposed which were steadily
rejected by congress. It was obvious that the delays would be almost
interminable should congress relax this determination, because every
change would make it necessary again to submit the instrument as
amended to the several states. It is remarkable that Jersey alone
proposed an enlargement of the powers of congress. That state was
desirous of investing the representatives of the state with the power
of regulating commerce.
The states possessing no vacant lands, or an inconsiderable quantity
within their chartered limits, pressed earnestly and perseveringly
their claim to participate in the advantages of territory, which was,
they said, acquired by the united arms of the whole; and Maryland
refused, on this account, to accede to the confederation. At length,
several of the states empowered their members in congress to ratify
that instrument as forming a union between the twelve states who had
assented to it. Maryland, alarmed at the prospect of being excluded
from the union, gave her reluctant consent to the confederation,
accompanied by a protest, in which she still asserted her claim to her
interest in the vacant territory which should be acknowledged at the
treaty of peace, to be within the United States.
It required the repeated lessons of a severe and instructive
experience to persuade the American people that their greatness, their
prosperity, their happiness, and even their safety, imperiously
demanded the substitution of a government for their favourite league.]
[Sidenote: Military transactions.]
Such was the defensive strength of the positions taken by the adverse
armies on the Hudson, and such their relative force, that no decisive
blow could be given by either in that quarter of the continent. The
anxious attentions of General Washington, therefore, were
unremittingly directed to the south. One of those incidents which
fortune occasionally produces, on the seizing or neglect of which the
greatest military events frequently depend, presented, sooner than was
expected, an opportunity which he deemed capable of being improved to
the destruction of the British army in Virginia.
The French fleet, from its arrival on the American coast, had been
blocked up in the harbour of Newport; and the land forces of that
nation had been reduced to a state of inactivity by the necessity of
defending their ships. Late in January, a detachment from the British
fleet was encountered on the east end of Long Island by a furious
storm, in which such damage was sustained as to destroy for a time the
naval superiority which Arbuthnot had uniformly preserved.
To turn this temporary superiority to advantage, Monsieur Destouches
resolved to detach a ship of the line, with two frigates, to the
Chesapeake; a force which the delegation from Virginia had assured him
would be sufficient for the purpose.
On receiving certain accounts of the loss sustained in the storm,
General Washington conceived the design of improving that
circumstance by immediate and powerful operations against Arnold.
Confident that the critical moment must be seized, or the enterprise
would fail, he ordered a detachment of twelve hundred men, under the
command of the Marquis de Lafayette, to the head of the Chesapeake;
there to embark for that part of Virginia which was to become the
theatre of action, under convoy of a French frigate, for which he
applied to the admiral. He immediately communicated this measure to
the Count de Rochambeau, and to Monsieur Destouches, to whom he also
stated his conviction that no serious advantage could be expected from
a few ships, unaided by land troops. "There were," he said, "a variety
of positions to be taken by Arnold, one of which was Portsmouth, his
present station, where his ships might be so protected by his
batteries on the shore as to defy a mere naval attack; and where he
would certainly be able to maintain himself until the losses sustained
in the late storm should be repaired, and the superiority at sea
recovered, when he would unquestionably be relieved."
To insure the success of the expedition, he recommended that the whole
fleet should be employed on it, and that a detachment of one thousand
men should be embarked for the same service.
[Sidenote: February 9.]
These representations did not prevail. The original plan had already
been put in execution. On the 9th of February, a sixty-four gun ship
with two frigates, under Monsieur de Tilley, had sailed for the
Chesapeake; and, as some of the British ships had been repaired, the
French admiral did not think it prudent to put to sea with the residue
of his fleet.
As had been foreseen by General Washington, de Tilley found Arnold in
a situation not to be assailed with any prospect of success. After
showing himself therefore in the bay, and making an ineffectual
attempt to enter Elizabeth River, he returned to Newport. At the
capes, he fell in with the Romulus, a fifty gun ship, coming from
Charleston to the Chesapeake, which he captured.
Both the Count de Rochambeau, and the Chevalier Destouches, being well
disposed to execute the plans suggested by General Washington, they
determined, on the return of Monsieur de Tilley, to make a second
expedition to the Chesapeake with the whole fleet, and eleven hundred
men. General Washington, therefore, hastened to Newport, that in a
personal conference with them, he might facilitate the execution of an
enterprise from which he still entertained sanguine hopes.
[Sidenote: March 6.]
Early on the 6th of March he reached Newport, and went instantly on
board the Admiral, where he was met by the Count de Rochambeau. It was
determined that a detachment from the army, then in perfect readiness,
should be embarked under the Count de Viominil; and that the fleet
should put to sea as soon as possible. The wind was favourable to the
French, and adverse to the British. Yet the fleet did not sail until
the evening of the eighth. It appears from a letter of Monsieur
Destouches, that this delay was in some measure attributable to a
disaster which befel one of his frigates in getting out of port; and
there is reason to suppose that it may be ascribed to a want of
supplies. Whatever may have been the cause, Arnold is most probably
indebted to it for his escape from the fate which his treason merited.
Two days after Destouches had sailed, he was followed by Arbuthnot,
who overtook him off the capes of Virginia. A partial engagement
ensued which continued about an hour, when the fleets were separated.
The French admiral called a council of war the next day, in which it
was declared unadviseable to renew the action, and he returned to
Newport.
[Sidenote: March 26.]
The arrival of two thousand men commanded by General Philips, gave the
British a decided superiority in Virginia, and changed the destination
of Lafayette, who had been ordered to join the southern army, but to
whom the defence of that state was now committed. The troops under his
command being taken chiefly from the eastern regiments, had imbibed
strong prejudices against a southern climate; and desertions became so
frequent as to threaten the dissolution of the corps.
This unpromising state of things was completely changed by a happy
expedient adopted by Lafayette. Appealing to the generous principles
of his soldiers, principles on which the feelings of his own bosom
taught him to rely, he proclaimed in orders, that he was about to
enter on an enterprise of great danger and difficulty, in which he
persuaded himself his soldiers would not abandon him. If, however, any
individual of the detachment was unwilling to accompany him, a permit
to return should most assuredly be granted him.
This measure had the desired effect, and put an end to desertion.[72]
To keep up the good dispositions of the moment, this ardent young
nobleman, who was as unmindful of fortune as he was ambitious of fame,
borrowed from the merchants of Baltimore, on his private credit, a sum
of money sufficient to purchase shoes, linen, spirits, and other
articles of immediate necessity for the detachment.[73]
[Footnote 72: The author was assured by General Lafayette that this
was true. Such was the enthusiasm of the moment, that a lame sergeant
hired a place in a cart to keep up with the army.]
[Footnote 73: It is not unworthy of notice, that the ladies of
Baltimore charged themselves with the toil of immediately making up
the summer clothing for the troops. Innumerable instances of their
zeal in the common cause of their country were given in every state in
the union.]
Having made these preparations for the campaign, he marched with the
utmost celerity to the defence of Virginia. That state was in great
need of assistance. The enemy had penetrated deep into its bosom, and
was committing those excesses on its inhabitants to which a country
unable to repel invasion must always be exposed.
General Philips, on his arrival, took command of all the British
troops in Virginia; and, after completing the fortification of
Portsmouth, commenced offensive operations.
[Sidenote: April 24.]
About two thousand five hundred men were embarked on board some small
vessels, and landed at various places in the neighbourhood of
Williamsburg. Different detachments spread themselves over the lower
part of that neck of land which is made by York and James Rivers; and,
after destroying, without opposition, a ship yard belonging to the
state, with some armed vessels and public stores, re-embarked and
proceeded to City Point, where they landed in the afternoon of the
24th. The next day they marched against Petersburg, at which place,
immense quantities of tobacco and other stores were deposited.
Baron Steuben was not in a situation to check their progress. The
levies of Virginia had marched to the aid of General Greene; and the
whole number of militia, at that time in the field, did not much
exceed two thousand men. Unwilling to abandon so important a place as
Petersburg without the semblance of fighting, the baron posted about
one thousand men a mile below the town with orders to skirmish with
the enemy. The British troops, without being able to bring him to a
close engagement, were two or three hours employed in driving him
across the Appomattox, the bridge over which being taken up as soon as
the militia had passed it, farther pursuit became impracticable.
This skirmish having terminated with scarcely any loss on either side,
the baron retreated towards Richmond, and Philips took quiet
possession of Petersburg; where he destroyed a considerable quantity
of tobacco, and all the vessels lying in the river.
This service being accomplished, Arnold was detached through Osbornes
to Warwick, between which place and Richmond, a respectable naval
force, consisting of small armed vessels, had been collected with the
intention of co-operating with the French fleet against Portsmouth;
and a few militia were stationed on the northern bank of the river to
assist in defending the flotilla.
[Sidenote: April 30.]
The crews of the vessels, on receiving a fire from a few field pieces
ordered by Arnold to the bank, scuttled them, escaped to the opposite
shore, and dispersed with the militia. Philips marched with the
residue of the army to Chesterfield court house, the place of
rendezvous for the new levies of Virginia, where he destroyed the
barracks with a few public stores; after which he joined Arnold in the
neighbourhood of Warwick, and marched without interruption to
Manchester, a small town on the southern bank of James River,
immediately opposite to Richmond; where, as was the general practice,
the warehouses were set on fire, and all the tobacco consumed.
On the preceding evening, the Marquis de Lafayette, who had made a
forced march from Baltimore, arrived with his detachment at Richmond;
and that place, in which a great proportion of the military stores of
the state were then collected, was saved, for the time, from a visit
which was certainly designed.
The regular troops composing this detachment were joined by about two
thousand militia, and sixty dragoons. Not thinking it adviseable to
attempt the passage of the river in the presence of so respectable an
army, General Philips retired to Bermuda Hundred, a point of land in
the confluence of the James and Appomatox, [Transcriber's Note: sic]
at which place he re-embarked his troops, and fell down the river to
Hog Island.
The Marquis fixed his head quarters on the north of Chiccahominy,
about eighteen miles from Richmond; where he remained until a letter
from Lord Cornwallis called Philips again up James River.
When that nobleman determined on marching from Wilmington into
Virginia, he signified his wish that the British troops in that state,
should take their station at Petersburg.
On receiving this letter, Philips proceeded to comply with the request
it contained. As soon as the fleet moved up the river, Lafayette
returned to the defence of Richmond. Having, on his arrival, received
intelligence that Lord Cornwallis was marching northward, and finding
Philips landed at Brandon on the south side of the river, he was
persuaded that a junction of the two armies must be intended, and
hastened to take possession of Petersburg[74] before Philips could
reach that place. In this however he was anticipated by the British
general; upon which he recrossed James River, and, encamping a few
miles below Richmond, used his utmost exertions to remove the military
stores in that town to a place of greater security.