Founding America_ Documents From the Revolution to the Bill of Rights Part 9

THE GRAND COMMITTEE CONSISTING of M.r [Samuel] Liver-more, M. [Samuel] Liver-more, M.r [Nathan] Dane, M. [Nathan] Dane, M.r [James] Manning, M. [James] Manning, M.r [William Samuel] Johnson, M. [William Samuel] Johnson, M.r [Melancton] Smith, M. [Melancton] Smith, M.r [John Cleves] Symmes, M. [John Cleves] Symmes, M.r [Charles] Pett.i.t, M. [Charles] Pett.i.t, M.r [William] Henry, M. [William] Henry, M.r [Henry] Lee, M. [Henry] Lee, M.r [Timothy] Blood-worth, M. [Timothy] Blood-worth, M.r [Charles] Pinckney and M. [Charles] Pinckney and M.r [William] Houstoun appointed to report such amendments to the confederation, and such resolutions as it may be necessary to recommend to the several states for the purpose of obtaining from them such powers as will render the federal government adequate to the ends for which it was inst.i.tuted. [William] Houstoun appointed to report such amendments to the confederation, and such resolutions as it may be necessary to recommend to the several states for the purpose of obtaining from them such powers as will render the federal government adequate to the ends for which it was inst.i.tuted.

Beg leave to submit the following Report to the consideration of Congress: Resolved, That it be recommended to the Legislatures of the several States to adopt the following Articles as Articles of the Confederation, and to authorise their Delegates in Congress to sign and ratify the same severally as they shall be adopted, to wit: ART. 14. The United States in Congress a.s.sembled shall have the sole and exclusive power of regulating the trade of the States as well with foreign Nations as with each other and of laying such prohibitions and such Imposts and duties upon imports and exports as may be Necessary for the purpose; provided the Citizens of the States shall in no instance be subjected to pay higher duties and Imposts that those imposed on the subjects of foreign powers, provided also, that all such duties as may be imposed shall be collected under such regulations as the united States in Congress a.s.sembled shall establish consistent with the Const.i.tutions of the States Respectively and to accrue to the use of the State in which the same shall be payable; provided also, that the Legislative power of the several States shall not be restrained from laying embargoes in time of Scarcity and provided lastly that every Act of Congress for the above purpose shall have the a.s.sent of Nine States in Congress a.s.sembled, and in that proportion when there shall be more than thirteen in the Union.

ART. 15. That the respective States may be induced to perform the several duties mutually and solemnly agreed to be performed by their federal Compact, and to prevent unreasonable delays in any State in furnis.h.i.+ng her just proportion of the common Charges of the Union when called upon, and those essential evils which have heretofore often arisen to the Confederacy from such delays, it is agreed that whenever a requisition shall be made by Congress upon the several States on the principles of the Confederation for their quotas of the common charges or land forces of the Union Congress shall fix the proper periods when the States shall pa.s.s Legislative Acts complying therewith and give full and compleat effect to the same and if any State shall neglect, seasonably to pa.s.s such Acts such State shall be charged with an additional sum to her quota called for from the time she may be required to pay or furnish the same, which additional sum or charge shall be at the rate of ten per Cent pr. annum on her said Quota, and if the requisition shall be for Land forces, and any State shall neglect to furnish her quota in time the average expence of such quota shall be ascertained by Congress, and such State shall be charged therewith, or with the average expence of what she may be deficient and in addition thereto from the time her forces were required to be ready to act in the field with a farther sum which sum shall be at the rate of twelve per Cent per Annum on the amount of such expences.

ART. 16. And that the resources of any State which may be negligent in furnis.h.i.+ng her just proportion of the Common expence of the Union may in a reasonable time be applied, it is further agreed that if any State shall so Neglect as aforesaid to pa.s.s laws in compliance with the said Requisition and to adopt measures to give the same full effect for the s.p.a.ce of Ten months, and it shall then or af terwards be found that a Majority of the States have pa.s.sed such laws and adopted such measures the United States in Congress a.s.sembled shall have full power and authority to levy, a.s.sess, and collect all sums and duties with which any such state so neglecting to comply with the requisition may stand charged on the same by the Laws and Rules by which the last State tax next preceeding such requisition in such State was levied, a.s.sessed and Collected, to apportion the sum so required on the Towns or Counties in such State to order the sums so apportioned to be a.s.sessed by the a.s.sessors of such last State tax and the said a.s.sessments to be committed to the Collector of the same last State tax to collect and to make returns of such a.s.sessments and Commitments to the Treasurer of the United States who by himself or his deputy, when directed by Congress shall have power to recover the monies of such Collectors for the use of the United States in the same manner and under the same penalties as State taxes are recovered and collected by the Treasurers of the respective States and the several Towns or Counties respectively shall be responsible for the conduct of said a.s.sessors and Collectors and in case there shall be any vacancy in any of said Offices of a.s.sessors or Collectors by death, removal, refusal to serve, resignation or otherwise, then other fit persons shall be chosen to fill such Vacancies in the usual manner in such Town or County within Twenty days after Notice of the a.s.sessment, and in case any Towns or Counties, any a.s.sessor, Collectors or Sheriffs shall Neglect or refuse to do their duty Congress shall have the same rights and powers to compel them that the State may have in a.s.sessing and collecting State Taxes.

And if any state by any Legislative Act shall prevent or delay the due Collection of said sums as aforesaid, Congress shall have full power and authority to appoint a.s.sessors and Collectors thereof and Sheriffs to enforce the Collections under the warrants of distress issued by the Treasurer of the United States, and if any further opposition shall be made to such Collections by the State or the Citizens thereof, and their conduct not disapproved of by the State, such conduct on the part of the State shall be considered as an open Violation of the federal compact.

ART 17. And any State which from time to time shall be found in her payments on any Requisition in advance on an average of the payments made by the State shall be allowed an interest of[image]per Cent pr. annum on her said advanced sums or expences and the State which from time to time shall be found in arrear on the principles aforesaid shall be charged with an Interest of[image]per Cent pr. annum on the sums in which she may be so in arrear.

ART. 18. In case it shall hereafter be found Necessary by Congress to establish any new Systems of Revenue and to make any new regulations in the finances of the U. S. for a limited term not exceeding fifteen years in their operation for supplying the common Treasury with monies for defraying all charges of war, and all other expences that shall be incurred for the common defence or general welfare, and such new Systems or regulations shall be agreed to and adopted by the United States in Congress a.s.sembled and afterwards be confirmed by the Legislatures of eleven States and in that proportion when there shall be more than thirteen States in the Union, the same shall become binding on all the States, as fully as if the Legislatures of all the States should confirm the same.

ART. 19. The United States in Congress a.s.sembled shall have the sole and exclusive power of declaring what offences against the United States shall be deemed treason, and what Offences against the same Mis-prison of treason, and what Offences shall be deemed piracy or felony on the high Seas and to annex suitable punishments to all the Offences aforesaid respectively, and power to inst.i.tute a federal Judicial Court for trying and punis.h.i.+ng all officers appointed by Congress for all crimes, offences, and misbehaviour in their Of fices and to which Court an Appeal shall be allowed from the Judicial Courts of the several States in all Causes wherein questions shall arise on the meaning and construction of Treaties entered into by the United States with any foreign power, or on the Law of Nations, or wherein any question shall arise respecting any regulations that may hereafter be made by Congress relative to trade and Commerce, or the Collection of federal Revenues pursuant to powers that shall be vested in that body or wherein questions of importance may arise and the United States shall be a party-provided that the trial of the fact by Jury shall ever be held sacred, and also the benefits of the writ of Habeas Corpus; provided also that no member of Congress or of ficer holding any other office under the United States shall be a Judge of said Court, and the said Court shall consist of Seven Judges, to be appointed from the different parts of the Union to wit, one from New Hamps.h.i.+re, Rhode Island, and Connecticut, one from Ma.s.sachusetts, one from New York and New Jersey, one from Pennsylvania, one from Delaware and Maryland, one from Virginia, and one from North Carolina, South Carolina and Georgia, and four of whom shall be a quorum to do business.

ART. 20. That due attention may be given to the affairs of the Union early in the federal year, and the sessions of Congress made as short as conveniently may be each State shall elect her Delegates annually before the first of July and make it their duty to give an Answer before the first of September in every year, whether they accept their appointments or not, and make effectual provision for filling the places of those who may decline, before the first of October yearly, and to transmit to Congress by the tenth of the same month, the names of the Delegates who shall be appointed and accept their appointments, and it shall be the indispensable duty of Delegates to make a representation of their State in Congress on the first Monday in November annually, and if any Delegate or Delegates, when required by Congress to attend so far as may be Necessary to keep up a Representation of each State in Congress, or having taken his or their Seat, shall with-draw without leave of Congress, unless recalled by the State, he or they shall be proceeded against as Congress shall direct, provided no punishment shall be further extended than to disqualifications any longer to be members of Congress, or to hold any Office of trust or profit under the United States or any individual State, and the several States shall adopt regulations effectual to the attainment of the ends of this Article.

THE NORTHWEST ORDINANCE.

JULY 13,1787An Ordinance for the government of the Territory of the United States northwest of the River Ohio.

SECTION 1. BE IT ORDAINED by the United States in Congress a.s.sembled, That the said territory, for the purposes of temporary government, be one district, subject, however, to be divided into two districts, as future circ.u.mstances may, in the opinion of Congress, make it expedient. That the said territory, for the purposes of temporary government, be one district, subject, however, to be divided into two districts, as future circ.u.mstances may, in the opinion of Congress, make it expedient.

Sec 2. Be it ordained by the authority aforesaid, That the estates, both of resident and nonresident proprietors in the said territory, dying intestate, shall descent to, and be distributed among their children, and the descendants of a deceased child, in equal parts; the descendants of a deceased child or grandchild to take the share of their deceased parent in equal parts among them: And where there shall be no children or descendants, then in equal parts to the next of kin in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate shall have, in equal parts among them, their deceased parents' share; and there shall in no case be a distinction between kindred of the whole and half blood; saving, in all cases, to the widow of the intestate her third part of the real estate for life, and one third part of the personal estate; and this law relative to descents and dower, shall remain in full force until altered by the legislature of the district. And until the governor and judges shall adopt laws as hereinafter mentioned, estates in the said territory may be devised or bequeathed by wills in writing, signed and sealed by him or her in whom the estate may be (being of full age), and attested by three witnesses; and real estates may be conveyed by lease and release, or bargain and sale, signed, sealed and delivered by the person being of full age, in whom the estate may be, and attested by two witnesses, provided such wills be duly proved, and such conveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, courts, and registers shall be appointed for that purpose; and personal property may be transferred by delivery; saving, however to the French and Canadian inhabitants, and other settlers of the Kaskaskies, St. Vincents and the neighboring villages who have heretofore professed themselves citizens of Virginia, their laws and customs now in force among them, relative to the descent and conveyance, of property. That the estates, both of resident and nonresident proprietors in the said territory, dying intestate, shall descent to, and be distributed among their children, and the descendants of a deceased child, in equal parts; the descendants of a deceased child or grandchild to take the share of their deceased parent in equal parts among them: And where there shall be no children or descendants, then in equal parts to the next of kin in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate shall have, in equal parts among them, their deceased parents' share; and there shall in no case be a distinction between kindred of the whole and half blood; saving, in all cases, to the widow of the intestate her third part of the real estate for life, and one third part of the personal estate; and this law relative to descents and dower, shall remain in full force until altered by the legislature of the district. And until the governor and judges shall adopt laws as hereinafter mentioned, estates in the said territory may be devised or bequeathed by wills in writing, signed and sealed by him or her in whom the estate may be (being of full age), and attested by three witnesses; and real estates may be conveyed by lease and release, or bargain and sale, signed, sealed and delivered by the person being of full age, in whom the estate may be, and attested by two witnesses, provided such wills be duly proved, and such conveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, courts, and registers shall be appointed for that purpose; and personal property may be transferred by delivery; saving, however to the French and Canadian inhabitants, and other settlers of the Kaskaskies, St. Vincents and the neighboring villages who have heretofore professed themselves citizens of Virginia, their laws and customs now in force among them, relative to the descent and conveyance, of property.

Sec. 3. Be it ordained by the authority aforesaid, That there shall be appointed from time to time by Congress, a governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress; he shall reside in the district, and have a freehold estate therein in 1,000 acres of land, while in the exercise of his office.

Sec. 4. There shall be appointed from time to time by Congress, a secretary, whose commission shall continue in force for four years unless sooner revoked; he shall reside in the district, and have a freehold estate therein in 500 acres of land, while in the exercise of his office. It shall be his duty to keep and preserve the acts and laws pa.s.sed by the legislature, and the public records of the district, and the proceedings of the governor in his executive department, and transmit authentic copies of such acts and proceedings, every six months, to the Secretary of Congress: There shall also be appointed a court to consist of three judges, any two of whom to form a court, who shall have a common law jurisdiction, and reside in the district, and have each therein a freehold estate in 500 acres of land while in the exercise of their offices; and their commissions shall continue in force during good behavior.

Sec. 5. The governor and judges, or a majority of them, shall adopt and publish in the district such laws of the original States, criminal and civil, as may be necessary and best suited to the circ.u.mstances of the district, and report them to Congress from time to time: which laws shall be in force in the district until the organization of the General a.s.sembly therein, unless disapproved of by Congress; but afterwards the Legislature shall have authority to alter them as they shall think fit.

Sec. 6. The governor, for the time being, shall be commander in chief of the militia, appoint and commission all officers in the same below the rank of general officers; all general officers shall be appointed and commissioned by Congress.

Sec. 7. Previous to the organization of the general a.s.sembly, the governor shall appoint such magistrates and other civil officers in each county or towns.h.i.+p, as he shall find necessary for the preservation of the peace and good order in the same: After the general a.s.sembly shall be organized, the powers and duties of the magistrates and other civil officers shall be regulated and defined by the said a.s.sembly ; but all magistrates and other civil officers not herein otherwise directed, shall during the continuance of this temporary government, be appointed by the governor.

Sec. 8. For the prevention of crimes and injuries, the laws to be adopted or made shall have force in all parts of the district, and for the execution of process, criminal and civil, the governor shall make proper divisions thereof; and he shall proceed from time to time as circ.u.mstances may require, to lay out the parts of the district in which the Indian t.i.tles shall have been extinguished, into counties and towns.h.i.+ps, subject, however, to such alterations as may thereafter be made by the legislature.

Sec. 9. So soon as there shall be five thousand free male inhabitants of full age in the district, upon giving proof thereof to the governor, they shall receive authority, with time and place, to elect a representative from their counties or towns.h.i.+ps to represent them in the general a.s.sembly: Provided, That, for every five hundred free male inhabitants, there shall be one representative, and so on progressively with the number of free male inhabitants shall the right of representation increase, until the number of representatives shall amount to twenty five; after which, the number and proportion of representatives shall be regulated by the legislature: Provided, That no person be eligible or qualified to act as a representative unless he shall have been a citizen of one of the United States three years, and be a resident in the district, or unless he shall have resided in the district three years; and, in either case, shall likewise hold in his own right, in fee simple, two hundred acres of land within the same; Provided, also, That a freehold in fifty acres of land in the district, having been a citizen of one of the states, and being resident in the district, or the like freehold and two years residence in the district, shall be necessary to qualify a man as an elector of a representative.

Sec. 10. The representatives thus elected, shall serve for the term of two years; and, in case of the death of a representative, or removal from office, the governor shall issue a writ to the county or towns.h.i.+p for which he was a member, to elect another in his stead, to serve for the residue of the term.

Sec. 11. The general a.s.sembly or legislature shall consist of the governor, legislative council, and a house of representatives. The Legislative Council shall consist of five members, to continue in of fice five years, unless sooner removed by Congress; any three of whom to be a quorum: and the members of the Council shall be nominated and appointed in the following manner, to wit: As soon as representatives shall be elected, the Governor shall appoint a time and place for them to meet together; and, when met, they shall nominate ten persons, residents in the district, and each possessed of a freehold in five hundred acres of land, and return their names to Congress; five of whom Congress shall appoint and commission to serve as aforesaid; and, whenever a vacancy shall happen in the council, by death or removal from office, the house of representatives shall nominate two persons, qualified as aforesaid, for each vacancy, and return their names to Congress; one of whom congress shall appoint and commission for the residue of the term. And every five years, four months at least before the expiration of the time of service of the members of council, the said house shall nominate ten persons, qualified as aforesaid, and return their names to Congress; five of whom Congress shall appoint and commission to serve as members of the council five years, unless sooner removed. And the governor, legislative council, and house of representatives, shall have authority to make laws in all cases, for the good government of the district, not repugnant to the principles and articles in this ordinance established and declared. And all bills, having pa.s.sed by a majority in the house, and by a majority in the council, shall be referred to the governor for his a.s.sent; but no bill, or legislative act whatever, shall be of any force without his a.s.sent. The governor shall have power to convene, prorogue, and dissolve the general a.s.sembly, when, in his opinion, it shall be expedient.

Sec. 12. The governor, judges, legislative council, secretary, and such other officers as Congress shall appoint in the district, shall take an oath or affirmation of fidelity and of office; the governor before the president of congress, and all other officers before the Governor. As soon as a legislature shall be formed in the district, the council and house a.s.sembled in one room, shall have authority, by joint ballot, to elect a delegate to Congress, who shall have a seat in Congress, with a right of debating but not voting during this temporary government.

Sec. 13. And, for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws and const.i.tutions are erected; to fix and establish those principles as the basis of all laws, const.i.tutions, and governments, which forever hereafter shall be formed in the said territory: to provide also for the establishment of States, and permanent government therein, and for their admission to a share in the federal councils on an equal footing with the original States, at as early periods as may be consistent with the general interest: Sec. 14. It is hereby ordained and declared by the authority aforesaid, That the following articles shall be considered as articles of compact between the original States and the people and States in the said territory and forever remain unalterable, unless by common consent, to wit: Article 1. No person, demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of wors.h.i.+p or religious sentiments, in the said territory.

Art. 2. The inhabitants of the said territory shall always be ent.i.tled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature ; and of judicial proceedings according to the course of the common law. All persons shall be bailable, unless for capital offenses, where the proof shall be evident or the presumption great. All fines shall be moderate; and no cruel or unusual punishments shall be inflicted. No man shall be deprived of his liberty or property, but by the judgment of his peers or the law of the land; and, should the public exigencies make it necessary, for the common preservation, to take any person's property, or to demand his particular services, full compensation shall be made for the same. And, in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made, or have force in the said territory, that shall, in any manner whatever, interfere with or affect private contracts or engagements, bona fide, and without fraud, previously formed.

Art. 3. Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent; and, in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity, shall from time to time be made for preventing wrongs being done to them, and for preserving peace and friends.h.i.+p with them.

Art. 4. The said territory, and the States which may be formed therein, shall forever remain a part of this Confederacy of the United States of America, subject to the Articles of Confederation, and to such alterations therein as shall be const.i.tutionally made; and to all the acts and ordinances of the United States in Congress a.s.sembled, conformable thereto. The inhabitants and settlers in the said territory shall be subject to pay a part of the federal debts contracted or to be contracted, and a proportional part of the expenses of government, to be apportioned on them by Congress according to the same common rule and measure by which apportionments thereof shall be made on the other States; and the taxes for paying their proportion shall be laid and levied by the authority and direction of the legislatures of the district or districts, or new States, as in the original States, within the time agreed upon by the United States in Congress a.s.sembled. The legislatures of those districts or new States, shall never interfere with the primary disposal of the soil by the United States in Congress a.s.sembled, nor with any regulations Congress may find necessary for securing the t.i.tle in such soil to the bona fide bona fide purchasers. No tax shall be imposed on lands the property of the United States; and, in no case, shall nonresident proprietors be taxed higher than residents. The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways and forever free, as well to the inhabitants of the said territory as to the citizens of the United States, and those of any other States that may be admitted into the confederacy, without any tax, impost, or duty therefor. purchasers. No tax shall be imposed on lands the property of the United States; and, in no case, shall nonresident proprietors be taxed higher than residents. The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways and forever free, as well to the inhabitants of the said territory as to the citizens of the United States, and those of any other States that may be admitted into the confederacy, without any tax, impost, or duty therefor.

Art. 5. There shall be formed in the said territory, not less than three nor more than five States; and the boundaries of the States, as soon as Virginia shall alter her act of cession, and consent to the same, shall become fixed and established as follows, to wit: The western State in the said territory, shall be bounded by the Mississippi, the Ohio, and Wabash Rivers; a direct line drawn from the Wabash and Post Vincents, due North, to the territorial line between the United States and Canada; and, by the said territorial line, to the Lake of the Woods and Mississippi. The middle State shall be bounded by the said direct line, the Wabash from Post Vincents to the Ohio, by the Ohio, by a direct line, drawn due north from the mouth of the Great Miami, to the said territorial line, and by the said territorial line. The eastern State shall be bounded by the last mentioned direct line, the Ohio, Pennsylvania, and the said territorial line: Provided, however, and it is further understood and declared, that the boundaries of these three States shall be subject so far to be altered, that, if Congress shall hereafter find it expedient, they shall have authority to form one or two States in that part of the said territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan. And, whenever any of the said States shall have sixty thousand free inhabitants therein, such State shall be admitted, by its delegates, into the Congress of the United States, on an equal footing with the original States in all respects whatever, and shall be at liberty to form a permanent const.i.tution and State government: Provided, the const.i.tution and government so to be formed, shall be republican, and in conformity to the principles contained in these articles; and, so far as it can be consistent with the general interest of the confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the State than sixty thousand.

Art. 6. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted: Provided Provided, always, always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid. That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.

Be it ordained by the authority aforesaid authority aforesaid, That the resolutions of the 23rd of April, 1784, relative to the subject of this ordinance, be, and the same are hereby repealed and declared null and void.

Done by the United States, in Congress a.s.sembled, the 13th day of July, in the year of our Lord 1787, and of their sovereignty and independence the twelfth.

GEORGE WAs.h.i.+NGTON.

George Was.h.i.+ngton: Speech to the Officers of the Army (March 15,1783) PAGE 233.

Samuel Shaw: Letter to the Rev. Eliot (April 1783) PAGE 237.

George Was.h.i.+ngton: Circular to the State Governments (June 8, 1783) PAGE 240.

George Was.h.i.+ngton: Letter to James Duane (September 7, 1783) PAGE 250.

George Was.h.i.+ngton: Farewell Address to the Armies of the United States (November 2, 1783) PAGE 256.

EVEN BEFORE HIS DECISIVEvictory at Yorktown in October 1781, George Was.h.i.+ngton had become the leading symbol-or the more-than-symbolic leader-of the American Revolution. By 1783 he was also becoming the most prominent and fervent advocate of American nationalism. Was.h.i.+ngton's eight years as commander-in-chief of the Continental Army seemed to embody the collective sacrifices and commitments required for victory. But Was.h.i.+ngton's vision of the American nation transcended the mere securing of independence from Britain. It was also deeply tied to the development of the interior and the generous territorial settlement that the American peace commissioners (John Jay, John Adams, and Benjamin Franklin) had secured with the Treaty of Paris. Was.h.i.+ngton had been interested in these lands since his youth, and with the arrival of peace in 1783 he looked forward to resigning his command and returning to the active management of his Mount Vernon plantation and other lands he owned.

Was.h.i.+ngton again demonstrated his commitment to republican principles during the spring of 1783. Many of his subordinates within the officer corps were angry at Congress over issues of pay and pensions, and their discontent seemed to be verging toward mutiny when Was.h.i.+ngton appeared at a general meeting called to discuss their grievances. With a single gesture and a well-delivered speech, Was.h.i.+ngton defused the officers' anger, reminding them that they had a higher calling than the fulfillment of their own ambitions.

As he prepared to retire from the army, Was.h.i.+ngton also took a role in urging the states to support the broad purposes of the Union. One of those purposes included the settlement of the national domain created by state cessions of territory above the Ohio River. Here Was.h.i.+ngton took an active role by giving Congress his ideas about the policy it should now follow toward Native Americans. Shortly afterward, he took his farewell from the army, leaving the soldiers with a final testament to their service and duty.

-George Was.h.i.+ngton- SPEECH TO THE OFFICERS OF THE ARMY.

MARCH 15,1783.

HEAD QUARTERS, NEWBURGH, MARCH 15,1783.

GENTLEMEN: BY AN ANONYMOUS summons, an attempt has been made to convene you together; how inconsistent with the rules of propriety! how unmilitary! and how subversive of all order and discipline, let the good sense of the Army decide.

In the moment of this Summons, another anonymous production was sent into circulation, addressed more to the feelings and pa.s.sions, than to the reason and judgment of the Army. The author of the piece, is ent.i.tled to much credit for the goodness of his Pen and I could wish he had as much credit for the rect.i.tude of his Heart, for, as Men see thro' different Optics, and are induced by the reflecting faculties of the Mind, to use different means, to attain the same end, the Author of the Address, should have had more charity, than to mark for Suspicion, the Man who should recommend moderation and longer forbearance, or, in other words, who should not think as he thinks, and act as he advises. But he had another plan in view, in which candor and liberality of Sentiment, regard to justice, and love of Country, have no part; and he was right, to insinuate the darkest suspicion, to effect the blackest designs.

That the Address is drawn with great Art, and is designed to answer the most insidious purposes. That it is calculated to impress the Mind, with an idea of premeditated injustice in the Sovereign power of the United States, and rouse all those resentments which must unavoidably flow from such a belief. That the secret mover of this Scheme (whoever he may be) intended to take advantage of the pa.s.sions, while they were warmed by the recollection of past distresses, without giving time for cool, deliberative thinking, and that composure of Mind which is so necessary to give dignity and stability to measures is rendered too obvious, by the mode of conducting the business, to need other proof than a reference to the proceeding.

Thus much, Gentlemen, I have thought it inc.u.mbent on me to observe to you, to shew upon what principles I opposed the irregular and hasty meeting which was proposed to have been held on Tuesday last: and not because I wanted a disposition to give you every oppertunity consistent with your own honor, and the dignity of the Army, to make known your grievances. If my conduct heretofore, has not evinced to you, that I have been a faithful friend to the Army, my declaration of it at this time wd. be equally unavailing and improper. But as I was among the first who embarked in the cause of our common Country. As I have never left your side one moment, but when called from you on public duty. As I have been the constant companion and witness of your Distresses, and not among the last to feel, and acknowledge your Merits. As I have ever considered my own Military reputation as inseperably connected with that of the Army. As my Heart has ever expanded with joy, when I have heard its praises, and my indignation has arisen, when the mouth of detraction has been opened against it, it can scarcely be supposed, at this late stage of the War, that I am indifferent to its interests. But, how are they to be promoted? The way is plain, says the anonymous Addresser. If War continues, remove into the unsettled Country; there establish yourselves, and leave an ungrateful Country to defend itself. But who are they to defend? Our Wives, our Children, our Farms, and other property which we leave behind us. or, in this state of hostile seperation, are we to take the two first (the latter cannot be removed), to perish in a Wilderness, with hunger, cold and nakedness? If Peace takes place, never sheath your Swords Says he untill you have obtained full and ample justice; this dreadful alternative, of either deserting our Country in the extremest hour of her distress, or turning our Arms against it, (which is the apparent object, unless Congress can be compelled into instant compliance) has something so shocking in it, that humanity revolts at the idea. My G.o.d! what can this writer have in view, by recommending such measures? Can he be a friend to the Army? Can he be a friend to this Country? Rather, is he not an insidious Foe? Some Emissary, perhaps, from New York, plotting the ruin of both, by sowing the seeds of discord and seperation between the Civil and Military powers of the Continent? And what a Compliment does he pay to our Understandings, when he recommends measures in either alternative, impracticable in their Nature?

But here, Gentlemen, I will drop the curtain, because it wd. be as imprudent in me to a.s.sign my reasons for this opinion, as it would be insulting to your conception, to suppose you stood in need of them. A moment's reflection will convince every dispa.s.sionate Mind of the physical impossibility of carrying either proposal into execution.

There might, Gentlemen, be an impropriety in my taking notice, in this Address to you, of an anonymous production, but the manner in which that performance has been introduced to the Army, the effect it was intended to have, together with some other circ.u.mstances, will amply justify my observations on the tendency of that Writing. With respect to the advice given by the Author, to suspect the Man, who shall recommend moderate measures and longer forbearance, I spurn it, as every Man, who regards that liberty, and reveres that justice for which we contend, undoubtedly must; for if Men are to be precluded from offering their Sentiments on a matter, which may involve the most serious and alarming consequences, that can invite the consideration of Mankind, reason is of no use to us; the freedom of Speech may be taken away, and, dumb and silent we may be led, like sheep, to the Slaughter.

I cannot, in justice to my own belief, and what I have great reason to conceive is the intention of Congress, conclude this Address, without giving it as my decided opinion, that that Honble Body, entertain exalted sentiments of the Services of the Army; and, from a full conviction of its merits and sufferings, will do it compleat justice. That their endeavors, to discover and establish funds for this purpose, have been unwearied, and will not cease, till they have succeeded, I have not a doubt. But, like all other large Bodies, where there is a variety of different Interests to reconcile, their deliberations are slow. Why then should we distrust them? and, in consequence of that distrust, adopt measures, which may cast a shade over that glory which, has been so justly acquired; and tarnish the reputation of an Army which is celebrated thro' all Europe, for its fort.i.tude and Patriotism? and for what is this done? to bring the object we seek nearer? No! most certainly, in my opinion, it will cast it at a greater distance.

For myself (and I take no merit in giving the a.s.surance, being induced to it from principles of grat.i.tude, veracity and justice), a grateful sence of the confidence you have ever placed in me, a recollection of the chearful a.s.sistance, and prompt obedience I have experienced from you, under every vicissitude of Fortune, and the sincere affection I feel for an Army, I have so long had the honor to Command, will oblige me to declare, in this public and solemn manner, that, in the attainment of compleat justice for all your toils and dangers, and in the gratification of every wish, so far as may be done consistently with the great duty I owe my Country, and those powers we are bound to respect, you may freely command my Services to the utmost of my abilities.

While I give you these a.s.surances, and pledge myself in the most unequivocal manner, to exert whatever ability I am possessed of, in your favor, let me entreat you, Gentlemen, on your part, not to take any measures, which, viewed in the calm light of reason, will lessen the dignity, and sully the glory you have hitherto maintained; let me request you to rely on the plighted faith of your Country, and place a full confidence in the purity of the intentions of Congress; that, previous to your dissolution as an Army they will cause all your Accts. to be fairly liquidated, as directed in their resolutions, which were published to you two days ago, and that they will adopt the most effectual measures in their power, to render ample justice to you, for your faithful and meritorious Services. And let me conjure you, in the name of our common Country, as you value your own sacred honor, as you respect the rights of humanity, and as you regard the Military and National character of America, to express your utmost horror and detestation of the Man who wishes, under any specious pretences, to overturn the liberties of our Country, and who wickedly attempts to open the flood Gates of Civil discord, and deluge our rising Empire in Blood. By thus determining, and thus acting, you will pursue the plain and direct road to the attainment of your wishes. You will defeat the insidious designs of our Enemies, who are compelled to resort from open force to secret Artifice. You will give one more distinguished proof of unexampled patriotism and patient virtue, rising superior to the pressure of the most complicated sufferings; And you will, by the dignity of your Conduct, af ford occasion for Posterity to say, when speaking of the glorious example you have exhibited to Mankind, "had this day been wanting, the World had never seen the last stage of perfection to which human nature is capable of attaining."

-Samuel Shaw- LETTER TO THE REV. ELIOT.

APRIL 1783.

THESE WILL GIVE You a pretty good idea of our proceedings; and that you may not want any information on the subject, I shall take the liberty of adding a few particulars, by way of narrative.

The acc.u.mulated hards.h.i.+ps under which the army had so long labored made their situation intolerable, and called aloud for immediate redress. An application to the supreme authority of America was thought a salutary measure, and the improbability of obtaining relief from the States individually, after the treatment the Ma.s.sachusetts line had experienced from their State, rendered it absolutely indispensable.

With this view, a delegation from the several regiments composing the Ma.s.sachusetts line, having conferred together, came to a determination of taking the sense of the army at large; and on the 16th of November appointed a committee of seven, who should a.s.semble on the 24th of the same month, and, in conjunction with the delegates from those lines who might see fit to send any, agree and determine upon such measures as should be found best calculated to promote the desirable purposes for which the convention was called.

Agreeably to this proposal there was a full representation of the whole army, when "it was unanimously agreed that Major-General Knox, Brigadier-General Huntington, Colonel Crane, Colonel Courtlandt, and Doctor Eustis, be a committee to draft an address and pet.i.tion to Congress, in behalf of the army, and lay the same before this a.s.sembly for consideration at their meeting on the 1st of December."

At the meeting on the lst of December, "the draft of the address and pet.i.tion to Congress was read, and voted to be laid before the several lines of the army for consideration," and it was determined, "that the army at large choose a general officer, and each line send a field-officer, any two of whom, as a majority of them should agree, should, in conjunction with the said general officer, form a committee to wait on Congress and execute the business of said address." Instructions were also directed to be prepared for the conduct of said committee, and the necessary sum of money raised for their expenses.

On opening the ballots the 5th of December, Major-General McDougall, Colonel Ogden, and Colonel Brooks were chosen to proceed to Congress with the address and pet.i.tion, which was signed on the 7th, and delivered to the committee,-after which the meeting adjourned without delay.

The delegation from the army to Congress set out on their mission the 21st of December. On the address and pet.i.tion being read in Congress, a grand committee, consisting of a member from each State, was chosen to confer with our commissioners. The result of this conference was certain resolves of Congress, pa.s.sed on the 25th of January, the purport whereof was, that the army should receive one month's pay, and that their accounts should be settled as soon as possible, for discharging the balances of which Congress would endeavour to provide adequate funds. The matter respecting a commutation of the half-pay was recommitted. These resolutions at large were transmitted by our commissioners, in a letter of the 8th of February, to General Knox, which was immediately communicated to the respective lines of the army.

This report, though far from being satisfactory, joined to the certainty that we were on the eve of a general peace, kept the army quiet. In this state of patient expectation, the anonymous address to the officers made its appearance. Immediately on this, the Commander-in-chief, by an order of the 11th of March, directed the officers to a.s.semble on the 15th, which produced the second anonymous address.

The meeting of the officers was in itself exceedingly respectable, the matters they were called to deliberate upon were of the most serious nature, and the unexpected attendance of the Commander-in-chief heightened the solemnity of the scene. Every eye was fixed upon the ill.u.s.trious man, and attention to their beloved General held the a.s.sembly mute. He opened the meeting by apologizing for his appearance there, which was by no means his intention when he published the order which directed them to a.s.semble. But the diligence used in circulating the anonymous pieces rendered it necessary that he should give his sentiments to the army on the nature and tendency of them, and determined him to avail himself of the present opportunity; and, in order to do it with greater perspicuity, he had committed his thoughts to writing, which, with the indulgence of his brother officers, he would take the liberty of reading to them. It is needless for me to say any thing of this production; it speaks for itself itself After he had concluded his address, he said, that, as a corroborating testimony of the good disposition in Congress towards the army, he would communicate to them a letter received from a worthy member of that body, and one who on all occasions had ever approved himself their fast friend. This was an exceedingly sensible letter; and, while it pointed out the difficulties and embarra.s.sments of Congress, it held up very forcibly the idea that the army should, at all events, be generously dealt with. One circ.u.mstance in reading this letter must not be omitted. His Excellency, after reading the first paragraph, made a short pause, took out his spectacles, and begged the indulgence of his audience while he put them on, observing at the same time, that he had grown gray in their service, and now found himself growing blind. There was something so natural, so unaffected, in this appeal, as rendered it superior to the most studied oratory; it forced its way to the heart, and you might see sensibility moisten every eye. The General, having finished, took leave of the a.s.sembly, and the business of the day was conducted in the manner which is related in the account of the proceedings. After he had concluded his address, he said, that, as a corroborating testimony of the good disposition in Congress towards the army, he would communicate to them a letter received from a worthy member of that body, and one who on all occasions had ever approved himself their fast friend. This was an exceedingly sensible letter; and, while it pointed out the difficulties and embarra.s.sments of Congress, it held up very forcibly the idea that the army should, at all events, be generously dealt with. One circ.u.mstance in reading this letter must not be omitted. His Excellency, after reading the first paragraph, made a short pause, took out his spectacles, and begged the indulgence of his audience while he put them on, observing at the same time, that he had grown gray in their service, and now found himself growing blind. There was something so natural, so unaffected, in this appeal, as rendered it superior to the most studied oratory; it forced its way to the heart, and you might see sensibility moisten every eye. The General, having finished, took leave of the a.s.sembly, and the business of the day was conducted in the manner which is related in the account of the proceedings.

I cannot dismiss this subject without observing, that it is happy for America that she has a patriot army, patriot army, and equally so that a and equally so that a Was.h.i.+ngton Was.h.i.+ngton is its leader. I rejoice in the opportunities I have had of seeing this great man in a variety of situations;-calm and intrepid where the battle raged, patient and persevering under the pressure of misfortune, moderate and possessing himself in the full career of victory. Great as these qualifications deservedly render him, he never appeared to me more truly so, than at the a.s.sembly we have been speaking of. On other occasions he has been supported by the exertions of an army and the countenance of his friends; but in this he stood single and alone. There was no saying where the pa.s.sions of an army, which were not a little inflamed, might lead; but it was generally allowed that longer forbearance was dangerous, and moderation had ceased to be a virtue. Under these circ.u.mstances he appeared, not at the head of his troops, but as it were in opposition to them; and for a dreadful moment the interests of the army and its General seemed to be in compet.i.tion! He spoke,-every doubt was dispelled, and the tide of patriotism rolled again in its wonted course. Ill.u.s.trious man! what he says of the army may with equal justice be applied to his own character. "Had this day been wanting, the world had never seen the last stage of perfection to which human nature is capable of attaining." is its leader. I rejoice in the opportunities I have had of seeing this great man in a variety of situations;-calm and intrepid where the battle raged, patient and persevering under the pressure of misfortune, moderate and possessing himself in the full career of victory. Great as these qualifications deservedly render him, he never appeared to me more truly so, than at the a.s.sembly we have been speaking of. On other occasions he has been supported by the exertions of an army and the countenance of his friends; but in this he stood single and alone. There was no saying where the pa.s.sions of an army, which were not a little inflamed, might lead; but it was generally allowed that longer forbearance was dangerous, and moderation had ceased to be a virtue. Under these circ.u.mstances he appeared, not at the head of his troops, but as it were in opposition to them; and for a dreadful moment the interests of the army and its General seemed to be in compet.i.tion! He spoke,-every doubt was dispelled, and the tide of patriotism rolled again in its wonted course. Ill.u.s.trious man! what he says of the army may with equal justice be applied to his own character. "Had this day been wanting, the world had never seen the last stage of perfection to which human nature is capable of attaining."

-George Was.h.i.+ngton- CIRCULAR TO THE STATE GOVERNMENTS.

JUNE 8, 1783.

HEAD QUARTERS, NEWBURGH, JUNE 8,1783.

SIR: THE GREAT OBJECT for which I had the honor to hold an appointment in the Service of my Country, being accomplished, I am now preparing to resign it into the hands of Congress, and to return to that domestic retirement, which, it is well known, I left with the greatest reluctance, a Retirement, for which I have never ceased to sigh through a long and painful absence, and in which (remote from the noise and trouble of the World) I meditate to pa.s.s the remainder of life in a state of undisturbed repose; But before I carry this resolution into effect, I think it a duty inc.u.mbent on me, to make this my last official communication, to congratulate you on the glorious events which Heaven has been pleased to produce in our favor, to offer my sentiments respecting some important subjects, which appear to me, to be intimately connected with the tranquility of the United States, to take my leave of your Excellency as a public Character, and to give my final blessing to that Country, in whose service I have spent the prime of my life, for whose sake I have consumed so many anxious days and watchfull nights, and whose happiness being extremely dear to me, will always const.i.tute no inconsiderable part of my own.

Impressed with the liveliest sensibility on this pleasing occasion, I will claim the indulgence of dilating the more copiously on the subjects of our mutual felicitation. When we consider the magnitude of the prize we contended for, the doubtful nature of the contest, and the favorable manner in which it has terminated, we shall find the greatest possible reason for grat.i.tude and rejoicing; this is a theme that will afford infinite delight to every benevolent and liberal mind, whether the event in contemplation, be considered as the source of present enjoyment or the parent of future happiness; and we shall have equal occasion to felicitate ourselves on the lot which Providence has a.s.signed us, whether we view it in a natural, a political or moral point of light.

The Citizens of America, placed in the most enviable condition, as the 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 conveniencies of life, are now by the late satisfactory pacification, acknowledged to be possessed of absolute freedom and Independency; They are, from this period, to be considered as the Actors on a most conspicuous Theatre, which seems to be peculiarly designated by Providence for the display of human greatness and felicity; Here, they are not only surrounded with every thing which can contribute to the completion of private and domestic enjoyment, but Heaven has crowned all its other blessings, by giving a fairer oppertunity for political happiness, than any other Nation has ever been favored with. Nothing can ill.u.s.trate these observations more forcibly, than a recollection of the happy conjuncture of times and circ.u.mstances, under which our Republic a.s.sumed its rank among the Nations; The foundation of our Empire was not laid in the gloomy age of Ignorance and Superst.i.tion, but at an Epocha when the rights of mankind were better understood and more clearly defined, than at any former period, the researches of the human mind, after social happiness, have been carried to a great extent, the Treasures of knowledge, acquired by the labours of Philosophers, Sages and Legislatures, through a long succession of years, are laid open for our use, and their collected wisdom may be happily applied in the Establishment of our forms of Government; the free cultivation of Letters, the unbounded extension of Commerce, the progressive refinement of Manners, the growing liberality of sentiment, and above all, the pure and benign light of Revelation, have had a meliorating influence on mankind and increased the blessings of Society. At this auspicious period, the United States came into existence as a Nation, and if their Citizens should not be completely free and happy, the fault will be intirely their own.

Such is our situation, and such are our prospects: but notwithstanding the cup of blessing is thus reached out to us, notwithstanding happiness is ours, if we have a disposition to seize the occasion and make it our own; yet, it appears to me there is an option still left to the United States of America, that it is in their choice, and depends upon their conduct, whether they will be respectable and prosperous, or contemptable and miserable as a Nation; This is the time of their political probation, this is the moment when the eyes of the whole World are turned upon them, this is the moment to establish or ruin their national Character forever, this is the favorable moment to give such a tone to our Federal Government, as will enable it to answer the ends of its inst.i.tution, or this may be the ill-fated moment for relaxing the powers of the Union, annihilating the cement of the Confederation, and exposing us to become the sport of European politics, which may play one State against another to prevent their growing importance, and to serve their own interested purposes. For, according to the system of Policy the States shall adopt at this moment, they will stand or fall, and by their confirmation or lapse, it is yet to be decided, whether the Revolution must ultimately be considered as a blessing or a curse: a blessing or a curse, not to the present age alone, for with our fate will the destiny of unborn Millions be involved.

With this conviction of the importance of the present Crisis, silence in me would be a crime; I will therefore speak to your Excellency, the language of freedom and of sincerity, without disguise; I am aware, however, that those who differ from me in political sentiment, may perhaps remark, I am stepping out of the proper line of my duty, and they may possibly ascribe to arrogance or ostentation, what I know is alone the result of the purest intention, but the rect.i.tude of my own heart, which disdains such unworthy motives, the part I have hitherto acted in life, the determination I have formed, of not taking any share in public business hereafter, the ardent desire I feel, and shall continue to manifest, of quietly enjoying in private life, after all the toils of War, the benefits of a wise and liberal Government, will, I flatter myself, sooner or later convince my Countrymen, that I could have no sinister views in delivering with so little reserve, the opinions contained in this Address.

There are four things, which I humbly conceive, are essential to the well being, I may even venture to say, to the existence of the United States as an Independent Power: 1st. An indissoluble Union of the States under one Federal Head.

2dly. A Sacred regard to Public Justice.

3dly. The adoption of a proper Peace Establishment, and 4thly. The prevalence of that pacific and friendly Disposition, among the People of the United States, which will induce them to forget their local prejudices and policies, to make those mutual concessions which are requisite to the general prosperity, and in some instances, to sacrifice their individual advantages to the interest of the Community.

These are the Pillars on which the glorious Fabrick of our Independency and National Character must be supported; Liberty is the Basis, and whoever would dare to sap the foundation, or overturn the Structure, under whatever specious pretexts he may attempt it, will merit the bitterest execration, and the severest punishment which can be inflicted by his injured Country.

On the three first Articles I will make a few observations, leaving the last to the good sense and serious consideration of those immediately concerned.

Under the first head, altho' it may not be necessary or proper for me in this place to enter into a particular disquisition of the principles of the Union, and to take up the great question which has been frequently agitated, whether it be expedient and requisite for the States to delegate a larger proportion of Power to Congress, or not, Yet it will be a part of my duty, and that of every true Patriot, to a.s.sert without reserve, and to insist upon the following positions, That unless the States will suffer Congress to exercise those prerogatives, they are undoubtedly invested with by the Const.i.tution, every thing must very rapidly tend to Anarchy and confusion, That it is indispensable to the happiness of the individual States, that there should be lodged somewhere, a Supreme Power to regulate and govern the general concerns of the Confederated Republic, without which the Union cannot be of long duration. That there must be a faithfull and pointed compliance on the part of every State, with the late proposals and demands of Congress, or the most fatal consequences will ensue, That whatever measures have a tendency to dissolve the Union, or contribute to violate or lessen the Sovereign Authority, ought to be considered as hostile to the Liberty and Independency of America, and the Authors of them treated accordingly, and lastly, that unless we can be enabled by the concurrence of the States, to partic.i.p.ate of the fruits of the Revolution, and enjoy the essential benefits of Civil Society, under a form of Government so free and uncorrupted, so happily guarded against the danger of oppression, as has been devised and adopted by the Articles of Confederation, it will be a subject of regret, that so much blood and treasure have been lavished for no purpose, that so many sufferings have been encountered without a compensation, and that so many sacrifices have been made in vain. Many other considerations might here be adduced to prove, that without an entire conformity to the Spirit of the Union, we cannot exist as an Independent Power; it will be sufficient for my purpose to mention but one or two which seem to me of the greatest importance. It is only in our united Character as an Empire, that our Independence is acknowledged, that our power can be regarded, or our Credit supported among Foreign Nations. The Treaties of the European Powers with the United States of America, will have no validity on a dissolution of the Union. We shall be left nearly in a state of Nature, or we may find by our own unhappy experience, that there is a natural and necessary progression, from the extreme of anarchy to the extreme of Tyranny; and that arbitrary power is most easily established on the ruins of Liberty abused to licentiousness.

As to the second Article, which respects the performance of Public Justice, Congress have, in their late Address to the United States, almost exhausted the subject, they have explained their Ideas so fully, and have enforced the obligations the States are under, to render compleat justice to all the Public Creditors, with so much dignity and energy, that in my opinion, no real friend to the honor and Independency of America, can hesitate a single moment respecting the propriety of complying with the just and honorable measures proposed; if their Arguments do not produce conviction, I know of nothing that will have greater influence; especially when we recollect that the System referred to, being the result of the collected Wisdom of the Continent, must be esteemed, if not perfect, certainly the least objectionable of any that could be devised; and that if it shall not be carried into immediate execution, a National Bankruptcy, with all its deplorable consequences will take place, before any different Plan can possibly be proposed and adopted; So pressing are the present circ.u.mstances! and such is the alternative now offered to the States!

The ability of the Country to discharge the debts which have been incurred in its defence, is not to be doubted, an inclination, I flatter myself, will not be wanting, t