The Life of George Washington, Vol. 4 (of 5)
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[Illustration: Tomb of Mary, Mother of Washington
_This is the original monument as it appeared before the present
granite obelisk was erected over the grave of George Washington's
mother in Fredericksburg, Virginia. It was in Fredericksburg that she
made her home during her declining years, and it was on the Kenmore
estate of her daughter, Elizabeth, and son-in-law, Fielding Lewis,
that she was buried, September, 1789, having survived her husband,
Augustine Washington, forty-six years._]
[Sidenote: The president makes a tour through the southern states.]
After making the necessary arrangements for recruiting the army, the
President prepared to make his long contemplated tour through the
southern states.[53] In passing through them, he was received
universally with the same marks of affectionate attachment, which he
had experienced in the northern and central parts of the union. To the
sensibilities which these demonstrations of the regard and esteem of
good men could not fail to inspire, was added the high gratification
produced by observing the rapid improvements of the country, and the
advances made by the government, in acquiring the confidence of the
people. The numerous letters written by him after his return to
Philadelphia, attest the agreeable impressions made by these causes.
"In my late tour through the southern states," said he, in a letter of
the 28th of July, to Mr. Gouverneur Morris, "I experienced great
satisfaction in seeing the good effects of the general government in
that part of the union. The people at large have felt the security
which it gives, and the equal justice which it administers to them.
The farmer, the merchant, and the mechanic, have seen their several
interests attended to, and from thence they unite in placing a
confidence in their representatives, as well as in those in whose
hands the execution of the laws is placed. Industry has there taken
place of idleness, and economy of dissipation. Two or three years of
good crops, and a ready market for the produce of their lands, have
put every one in good humour; and, in some instances, they even impute
to the government what is due only to the goodness of Providence.
[Footnote 53: He stopped several days on the Potomac, where
he executed finally the powers vested in him by the
legislature for fixing on a place which should become the
residence of congress, and the metropolis of the United
States.]
"The establishment of public credit is an immense point gained in our
national concerns. This, I believe, exceeds the expectation of the
most sanguine among us; and a late instance, unparalleled in this
country, has been given of the confidence reposed in our measures, by
the rapidity with which the subscriptions to the bank of the United
States were filled. In two hours after the books were opened by the
commissioners, the whole number of shares was taken up, and four
thousand more applied for than were allowed by the institution. This
circumstance was not only pleasing as it related to the confidence in
government, but also as it exhibited an unexpected proof of the
resources of our citizens."
This visit had undoubtedly some tendency to produce the good
disposition which the President observed with so much pleasure. The
affections are perhaps more intimately connected with the judgment
than we are disposed to admit; and the appearance of the chief
magistrate of the union, who was the object of general love and
reverence, could not be without its influence in conciliating the
minds of many to the government he administered, and to its measures.
But this progress towards conciliation was, perhaps, less considerable
than was indicated by appearances. The hostility to the government,
which was coeval with its existence, though diminished, was far from
being subdued; and under this smooth exterior was concealed a mass of
discontent, which, though it did not obtrude itself on the view of the
man who united almost all hearts, was active in its exertions to
effect its objects.
The difficulties which must impede the recruiting service in a country
where coercion is not employed, and where the common wages of labour
greatly exceed the pay of a soldier, protracted the completion of the
regiments to a late season of the year; but the summer was not
permitted to waste in total inaction.
The act passed at the last session for the defence of the frontiers,
in addition to its other provisions, had given to the President an
unlimited power to call mounted militia into the field. Under this
authority, two expeditions had been conducted against the villages on
the Wabash, in which a few of the Indian warriors were killed, some of
their old men, women, and children, were made prisoners, and several
of their towns and fields of corn were destroyed. The first was led by
General Scott, in May, and the second by General Wilkinson, in
September. These desultory incursions had not much influence on the
war.
It was believed in the United States, that the hostility of the
Indians was kept up by the traders living in their villages. These
persons had, generally, resided in the United States; and, having been
compelled to leave the country in consequence of the part they had
taken during the war of the revolution, felt the resentments which
banishment and confiscation seldom fail to inspire. Their enmities
were ascribed by many, perhaps unjustly, to the temper of the
government in Canada; but some countenance seemed to be given to this
opinion by intelligence that, about the commencement of the preceding
campaign, large supplies of ammunition had been delivered from the
British posts on the lakes, to the Indians at war with the United
States. While the President was on his southern tour, he addressed a
letter to the secretary of state, to be communicated to Colonel
Beckwith, who still remained in Philadelphia as the informal
representative of his nation, in which he expressed his surprise and
disappointment at this interference, by the servants or subjects of a
foreign state, in a war prosecuted by the United States for the sole
purpose of procuring peace and safety for the inhabitants of their
frontiers.
On receiving this communication, Colonel Beckwith expressed his
disbelief that the supplies mentioned had been delivered; but on being
assured of the fact, he avowed the opinion that the transaction was
without the knowledge of Lord Dorchester, to whom he said he should
communicate, without delay, the ideas of the American government on
the subject.
[Sidenote: Meeting of congress.]
[Sidenote: President's speech.]
On the 24th of October the second congress assembled in Philadelphia.
In his speech at the opening of the session, the President expressed
his great satisfaction at the prosperous situation of the country, and
particularly mentioned the rapidity with which the shares in the bank
of the United States were subscribed, as "among the striking and
pleasing evidences which presented themselves, not only of confidence
in the government, but of resources in the community."
Adverting to the measures which had been taken in execution of the
laws and resolutions of the last session, "the most important of
which," he observed, "respected the defence and security of the
western frontiers," he had, he said, "negotiated provisional treaties,
and used other proper means to attach the wavering, and to confirm in
their friendship the well disposed tribes of Indians. The means which
he had adopted for a pacification with those of a hostile description
having proved unsuccessful, offensive operations had been directed,
some of which had proved completely successful, and others were still
pending. Overtures of peace were still continued to the deluded
tribes; and it was sincerely to be desired that all need of coercion
might cease, and that an intimate intercourse might succeed,
calculated to advance the happiness of the Indians, and to attach them
firmly to the United States."
In marking the line of conduct which ought to be maintained for the
promotion of this object, he strongly recommended "justice to the
savages, and such rational experiments for imparting to them the
blessings of civilization, as might from time to time suit their
condition;" and then concluded this subject with saying--"A system
corresponding with the mild principles of religion and philanthropy
towards an unenlightened race of men whose happiness materially
depends on the conduct of the United States, would be as honourable to
the national character, as conformable to the dictates of sound
policy."
After stating that measures had been taken for carrying into execution
the act laying duties on distilled spirits, he added--"The impressions
with which this law has been received by the community have been, upon
the whole, such as were to have been expected among enlightened and
well disposed citizens, from the propriety and necessity of the
measure. The novelty, however, of the tax, in a considerable part of
the United States, and a misconception of some of its provisions, have
given occasion, in particular places, to some degree of discontent.
But it is satisfactory to know that this disposition yields to proper
explanations, and more just apprehensions of the true nature of the
law. And I entertain a full confidence that it will, in all, give way
to motives which arise out of a just sense of duty, and a virtuous
regard to the public welfare.
"If there are any circumstances in the law, which, consistently with
its main design may be so varied as to remove any well intentioned
objections that may happen to exist, it will comport with a wise
moderation to make the proper variations. It is desirable on all
occasions, to unite with a steady and firm adherence to constitutional
and necessary acts of government, the fullest evidence of a
disposition, as far as may be practicable, to consult the wishes of
every part of the community, and to lay the foundations of the public
administration in the affections of the people."
The answers of the two houses noticed, briefly and generally, the
various topics of the speech; and, though perhaps less warm than those
of the preceding congress, manifested great respect for the executive
magistrate, and an undiminished confidence in his patriotic exertions
to promote the public interests.
[Sidenote: Debate on the bill "for apportioning representatives among
the people of the states according to the first enumeration."]
Among the first subjects of importance which engaged the attention of
the legislature, was a bill "for apportioning representatives among
the people of the several states according to the first enumeration."
The constitution, in its original form, had affixed no other limits to
the power of congress over the numbers of which the house of
representatives might consist, than that there should not be more than
one member for every thirty thousand persons; but that each state
should be entitled to at least one. Independent of the general
considerations in favour of a more or less numerous representation in
the popular branch of the legislature, there was one of a local
nature, whose operation, though secret, was extensive, which gave to
this question a peculiar interest. To whatever number of persons a
representative might be allotted, there would still remain a fraction,
which would be greater or less in each state, according to the ratio
which congress should adopt between representation and population. The
relative power of states, in one branch of the legislature, would
consequently be affected by this ratio; and to questions of that
description, few members can permit themselves to be inattentive.
This bill, as originally introduced into the house of representatives,
gave to each state one member for every thirty thousand persons. On a
motion to strike out the number thirty thousand, the debate turned
chiefly on the policy and advantage of a more or less numerous house
of representatives; but with the general arguments suggested by the
subject, strong and pointed allusions to the measures of the preceding
congress were interspersed, which indicated much more serious
hostility to the administration than had hitherto been expressed.
Speaking of the corruption which he supposed to exist in the British
house of commons, Mr. Giles said that causes essentially different
from their numbers, had produced this effect. "Among these, were the
frequent mortgages of the funds, and the immense appropriations at the
disposal of the executive."
"An inequality of circumstances," he observed, "produces revolutions
in governments, from democracy, to aristocracy, and monarchy. Great
wealth produces a desire of distinctions, rank, and titles. The
revolutions of property, in this country, have created a prodigious
inequality of circumstances. Government has contributed to this
inequality. The bank of the United States is a most important machine
in promoting the objects of this monied interest. This bank will be
the most powerful engine to corrupt this house. Some of the members
are directors of this institution; and it will only be by increasing
the representation, that an adequate barrier can be opposed to this
monied interest." He next adverted to certain ideas, which, he said,
had been disseminated through the United States. "The legislature," he
took occasion to observe, "ought to express some disapprobation of
these opinions. The strong executive of this government," he added,
"ought to be balanced by a full representation in this house."
Similar sentiments were advanced by Mr. Findley.
After a long and animated discussion, the amendment was lost, and the
bill passed in its original form.
In the senate, it was amended by changing the ratio, so as to give one
representative for every thirty-three thousand persons in each state;
but this amendment was disagreed to by the house of representatives;
and each house adhering to its opinion, the bill fell; but was again
introduced into the house of representatives, under a different title,
and in a new form, though without any change in its substantial
provisions. After a debate in which the injustice of the fractions
produced by the ratio it adopted was strongly pressed, it passed that
house. In the senate, it was again amended, not by reducing, but by
enlarging the number of representatives.
The constitution of the United States declares that "representatives
and direct taxes shall be apportioned among the several states which
may be included within this union according to their respective
numbers;" and that "the number of representatives shall not exceed one
for every thirty thousand, but each state shall have at least one
representative." Construing the constitution to authorize a process by
which the whole number of representatives should be ascertained on the
whole population of the United States, and afterwards "apportioned
among the several states according to their respective numbers," the
senate applied the number thirty thousand as a _divisor_ to the total
population, and taking the _quotient_, which was one hundred and
twenty, as the number of representatives given by the ratio which had
been adopted in the house where the bill had originated, they
apportioned that number among the several states by that ratio, until
as many representatives as it would give were allotted to each. The
residuary members were then distributed among the states having the
highest fractions. Without professing the principle on which this
apportionment was made, the amendment of the senate merely allotted to
the states respectively, the number of members which the process just
mentioned would give. The result was a more equitable apportionment of
representatives to population, and had the rule of construing that
instrument been correct, the amendment removed objections which were
certainly well founded. But the rule was novel, and overturned
opinions which had been generally assumed, and were supposed to be
settled. In one branch of the legislature it had already been
rejected; and in the other, the majority in its favour was only one.
In the house of representatives, the amendment was supported with
considerable ingenuity.
After an earnest debate, however, it was disagreed to, and a
conference took place without producing an accommodation among the
members composing the committee. But finally, the house of
representatives receded from their disagreement; and, by a majority of
two voices, the bill passed as amended in the senate.
On the President, the solemn duty of deciding, whether an act of the
legislature consisted with the constitution; for the bill, if
constitutional, was unexceptionable.
In his cabinet, also, a difference of opinion is understood to have
existed; the secretary of state and the attorney general were of
opinion that the act was at variance with the constitution; the
secretary of war was rather undecided; and the secretary of the
treasury, thinking that, from the vagueness of expression in the
clause relating to the subject, neither construction could be
absolutely rejected, was in favour of acceding to the interpretation
given by the legislature.
After weighing the arguments which were urged on each side of the
question, the President was confirmed in the opinion that the
population of each state, and not the total population of the United
States, must give the numbers to which alone the process by which the
number of representatives was to be ascertained could be applied.
Having formed this opinion, to a correct and independent mind the
course to be pursued was a plain one. Duty required the exercise of a
power which a President of the United States will always find much
difficulty in employing; and he returned the bill to the house in
which it originated, accompanied with his objections[54] to it. In
observance of the forms prescribed in the constitution, the question
was then taken on its passage by ayes and noes, and it was rejected. A
third bill was soon afterwards introduced, apportioning the
representatives on the several states at a ratio of one for every
thirty-three thousand persons in each state, which passed into a law.
Thus was this interesting part of the American constitution finally
settled.
[Footnote 54: The following is the message which he
delivered on this occasion.
_Gentlemen of the house of representatives--_
I have maturely considered the act passed by the two houses,
entitled "an act for the apportionment of representatives
among the several states according to the first
enumeration," and I return it to your house, wherein it
originated, with the following objections.
First. The constitution has prescribed that representatives
shall be apportioned among the several states according to
their respective numbers, and there is no proportion or
divisor which, applied to the respective numbers of the
states, will yield the number and allotment of
representatives proposed by the bill.
Secondly. The constitution has also provided, that the
number of representatives shall not exceed one for thirty
thousand, which restriction is by the context, and by fair
and obvious construction, to be applied to the separate and
respective numbers of the states, and the bill has allotted
to eight of the states more than one for thirty thousand.]
[Sidenote: Militia law.]
During this session of congress, an act passed for establishing a
uniform militia.
The President had manifested, from the commencement of his
administration, a peculiar degree of solicitude on this subject, and
had repeatedly urged it on congress.
In his speech at the opening of the present session, he again called
the attention of the legislature to it; and, at length, a law was
enacted which, though less efficacious than the plan reported by the
secretary of war, will probably, not soon, be carried into complete
execution.
[Sidenote: Defeat of St. Clair.]
In December, intelligence was received by the President, and
immediately communicated to congress, that the American army had been
totally defeated on the fourth of the preceding month.
Although the most prompt and judicious measures had been taken to
raise the troops, and to march them to the frontiers, they could not
be assembled in the neighbourhood of fort Washington until the month
of September, nor was the establishment even then completed.
The immediate objects of the expedition were, to destroy the Indian
villages on the Miamis, to expel the savages from that country, and to
connect it with the Ohio by a chain of posts which would prevent their
return during the war.
On the seventh of September, the regulars moved from their camp in the
vicinity of fort Washington, and marching directly north, towards the
object of their destination, established two intermediate posts[55] at
the distance of rather more than forty miles from each other, as
places of deposite, and of security either for convoys of provision
which might follow the army, or for the army itself should any
disaster befall it. The last of these works, fort Jefferson, was not
completed until the 24th of October, before which time reinforcements
were received of about three hundred and sixty militia. After placing
garrisons in the forts, the effective number of the army, including
militia, amounted to rather less than two thousand men. With this
force, the general continued his march, which was rendered both slow
and laborious by the necessity of opening a road. Small parties of
Indians were frequently seen hovering about them, and some unimportant
skirmishes took place. As the army approached the country in which
they might expect to meet an enemy, about sixty of the militia
deserted in a body. This diminution of force was not, in itself, an
object of much concern. But there was reason to fear that the example,
should those who set it be permitted to escape with impunity, would be
extensively followed; and it was reported to be the intention of the
deserters, to plunder convoys of provisions which were advancing at
some distance in the rear. To prevent mischiefs of so serious a
nature, the general detached Major Hamtranck with the first regiment
in pursuit of the deserters, and directed him to secure the provisions
under a strong guard.
[Footnote 55: Forts Hamilton and Jefferson.]
The army, consisting of about fourteen hundred effective rank and
file, continued its march; and, on the third of November, encamped
about fifteen miles south of the Miamis villages. The right wing under
the command of General Butler formed the first line, and lay with a
creek, about twelve yards wide, immediately in its front. The left
wing commanded by Lieutenant Colonel Darke, formed the second; and
between the two lines, was an interval of about seventy yards.[56] The
right flank was supposed to be secured by the creek, by a steep bank,
and by a small body of troops; the left was covered by a party of
cavalry, and by piquets. The militia crossed the creek, and advanced
about a quarter of a mile in front, where they also encamped in two
lines. On their approach, a few Indians who had shown themselves on
the opposite side of the creek, fled with precipitation.
[Footnote 56: In his official letter, General St. Clair says
that the ground would not admit a larger interval.]
At this place, the general intended to throw up a slight work for the
security of the baggage; and, after being joined by Major Hamtranck,
to march as unincumbered, and as expeditiously as possible, to the
villages he purposed to destroy.
In both these designs he was anticipated. About half an hour before
sun rise the next morning, just after the troops had been dismissed
from the parade, an unexpected attack was made upon the militia, who
fled in the utmost confusion, and rushing into camp through the first
line of continental troops, which had been formed the instant the
first gun was discharged, threw them too into disorder. The exertions
of the officers to restore order were not entirely successful. The
Indians pressed close upon the heels of the flying militia, and
engaged General Butler with great intrepidity. The action instantly
became extremely warm; and the fire of the assailants, passing round
both flanks of the first line, was, in a few minutes, poured with
equal fury on the rear division. Its greatest weight was directed
against the centre of each wing, where the artillery was posted; and
the artillerists were mowed down in great numbers. Firing from the
ground, and from the shelter which the woods afforded, the assailants
were scarcely seen but when springing from one cover to another, in
which manner they advanced close up to the American lines, and to the
very mouths of the field pieces. They fought with the daring courage
of men whose trade is war, and who are stimulated by all those
passions which can impel the savage mind to vigorous exertions.