A Collection of Essays and Fugitiv Writings

In the midst of these calamities, a proposition was made in 1785, in the house of delegates, in Virginia, to appoint commissioners, to meet such as might be appointed in the other States, who should form a system of commercial regulations for the United States, and recommend it to the several Legislatures for adoption. Commissioners were accordingly appointed and a request was made to the Legislatures of the other States to accede to the proposition. Accordingly several of the States appointed commissioners, who met at Annapolis in the summer of 1786, to consult what measures should be taken to unite the States in some general and efficient commercial system. But as the States were not all represented, and the powers of the commissioners were, in their opinion, too limited to propose a system of regulations adequate to the purposes of government, they agreed to recommend a general convention to be held at Philadelphia the next year, with powers to frame a general plan of government for the United States. This measure appeared to the commissioners absolutely necessary. The old confederation was essentially defectiv. It was destitute of almost every principle necessary to giv effect to legislation.

It was defectiv in the article of legislating over States, instead of individuals. All history testifies that recommendations will not operate as laws, and compulsion cannot be exercised over States, without violence, war and anarchy. The confederation was also destitute of a sanction to its laws. When resolutions were passed in Congress, there was no power to compel obedience by fine, by suspension of privileges or other means. It was also destitute of a guarantee for the State governments. Had one State been invaded by its neighbor, the union was not constitutionally bound to assist in repelling the invasion, and supporting the constitution of the invaded State. The confederation was further deficient in the principle of apportioning the quotas of money to be furnished by each State; in a want of power to form commercial laws, and to raise troops for the defence and security of the union; in the equal suffrage of the States, which placed Rhode Island on a footing in Congress with Virginia; and to crown all the defects, we may add the want of a judiciary power, to define the laws of the union, and to reconcile the contradictory decisions of a number of independent judicatories.

These and many inferior defects were obvious to the commissioners, and therefore they urged a general convention, with powers to form and offer to the consideration of the States, a system of general government that should be less exceptionable. Accordingly in May, 1787, delegates from all the States, except Rhode Island, assembled at Philadelphia; and chose General Washington for their president. After four months deliberation, in which the clashing interests of the several States, appeared in all their force, the convention agreed to recommend a plan of federal government, &c.

As soon as the plan of the federal constitution was submitted to the Legislatures of the several States, they proceeded to take measures for collecting the sense of the people upon the propriety of adopting it. In the small State of Delaware, a convention was called in November, which, after a few days deliberation, ratified the constitution, without a dissenting voice.

In the convention of Pensylvania, held the same month, there was a spirited opposition to the new form of government. The debates were long and interesting. Great abilities and firmness were displayed on both sides; but, on the 13th of December, the constitution was received by two thirds of the members. The minority were dissatisfied, and with an obstinacy that ill became the representativs of a free people, published their reasons of dissent, which were calculated to inflame a party already violent, and which, in fact, produced some disturbances in the western parts of the State. But the opposition has since subsided.

In New Jersey, the convention which met in December, were unanimous in adopting the constitution; as was likewise that of Georgia.

In Connecticut there was some opposition; but the constitution was, on the 9th of January, 1788, ratified by three fourths of the votes in convention, and the minority peaceably acquiesced in the decision.

In Massachusetts, the opposition was large and respectable. The convention, consisting of more than three hundred delegates, were assembled in January, and continued their debates, with great candor and liberality, about five weeks. At length the question was carried for the constitution by a small majority, and the minority, with that manly condescension which becomes great minds, submitted to the measure, and united to support the government.

In New Hampshire, the federal cause was, for some time doubtful. The greatest number of the delegates in convention, were at first on the side of the opposition; and some, who might have had their objections removed by the discussion of the subject, instructed to reject the constitution. Altho the instructions of constituents cannot, on the true principles of representation, be binding upon a deputy, in any legislativ assembly, because his constituents are but a part of the State, and have not heard the arguments and objections of the whole; whereas, his act is to affect the whole State, and therefore is to be directed by the sense or wisdom of the whole, collected in the legislativ assembly; yet the delegates in the New Hampshire convention conceived, very erroneously, that the sense of the freemen in the towns, those little districts, where no act of legislation can be performed, imposed a restraint upon their own wills.49 An adjournment was therefore moved, and carried. This gave the people opportunity to gain a farther knowlege of the merits of the constitution, and at the second meeting of the convention, it was ratified by a respectable majority.

In Maryland, several men of abilities appeared in the opposition, and were unremitted in their endeavors to persuade the people, that the proposed plan of government was artfully calculated to deprive them of their dearest rights; yet in convention it appeared that five sixths of the voices were in favor of it.

In South Carolina, the opposition was respectable; but two thirds of the convention appeared to advocate and vote for the constitution.

In Virginia, many of the principal characters opposed the ratification of the constitution with great abilities and industry. But after a full discussion of the subject, a small majority, of a numerous convention, appeared for its adoption.

In New York, two thirds of the delegates in convention were, at their first meeting, determined to reject the constitution. Here, therefore, the debates were the most interesting, and the event extremely doubtful. The argument was managed with uncommon address and abilities on both sides of the question. But during the session, the ninth and tenth States had acceded to the proposed plan, so that by the constitution, Congress were empowered to issue an ordinance for organizing the new government. This event placed the opposition on new ground; and the expediency of uniting with the other States; the generous motivs of conciliating all differences, and the danger of a rejection, influenced a respectable number, who were originally opposed to the constitution, to join the federal interest. The constitution was accordingly ratified by a small majority; but the ratification was accompanied here, as in Virginia, with a bill of rights, declaratory of the sense of the convention, as to certain great principles, and with a catalogue of amendments, which were to be recommended to the consideration of the new Congress, and the several State Legislatures.

North Carolina met in convention in July, to deliberate on the new constitution. After a short session they rejected it, by a majority of one hundred and seventy six, against seventy six.

Rhode Island was doomed to be the sport of a blind and singular policy. The Legislature, in consistency with the measures which had been before pursued, did not call a convention, to collect the sense of the State upon the proposed constitution; but in an unconstitutional and absurd manner, submitted the plan of government to the consideration of the people. Accordingly it was brought before town meetings, and in most of them rejected. In some of the large towns, particularly in Newport and Providence, the people collected and resolved, with great propriety, that they could not take up the subject; and that the proposition for embracing or rejecting the federal constitution, could come before no tribunal but that of the State in convention or legislature.

From the moment the proceedings of the general convention at Philadelphia transpired, the public mind was exceedingly agitated, and suspended between hope and fear, until nine States had ratified the plan of a federal government. Indeed, the anxiety continued until Virginia and New York had acceded to the system. But this did not prevent the demonstrations of joy, on the accession of each State.

On the ratification in Massachusetts, the citizens of Boston, in the elevation of their joy, formed a procession in honor of the happy event, which was novel, splendid and magnificent. This example was afterwards followed, and in some instances improved upon, in Baltimore, Charleston, Philadelphia, New Haven, Portsmouth and New York, successivly. Nothing could equal the beauty and grandeur of these exhibitions. A ship was mounted upon wheels, and drawn thro the streets; mechanics erected stages, and exhibited specimens of labor in their several occupations, as they moved along the road; flags with emblems, descriptiv of all the arts and of the federal union, were invented and displayed in honor of the government; multitudes of all ranks in life assembled to view the majestic scenes; while sobriety, joy and harmony marked the brilliant exhibitions, by which the Americans celebrated the establishment of their empire.

In March, 1789, the delegates from the eleven ratifying States, convened in New York, where convenient and elegant accommodations had been furnished by the citizens. On opening the ballots for President, it appeared that the late Commander in Chief of our armies was unanimously elected to the dignified office. This event diffused universal joy among the friends to the union.

The deliberations of the first American Legislature were marked with wisdom, spirit, and generally with candor. The establishment of a revenue and judiciary system, with other national measures; the wise appointments to offices; the promptness and energy of the executiv, with a growing popular attachment to the general government, open the fairest prospect of peace, union and prosperity to these States; a prospect that is brightened by the accession of North Carolina to the government in November, 1789.

No. XVI

REMARKS on the Method of burying the DEAD among the Nativs of this Country; compared with that among the ancient BritonsBeing an Extract of a Letter to the Rev. Dr. Stiles, President of Yale College, dated New York, January 20, 1788

[Note. I had embraced the idea, that the remarkable fortifications on the Muskingum, might be justly ascribed to the Spaniards, under Ferdinand de Soto, who penetrated into Florida, about the year 1540; which opinion I endeavored to maintain as probably well founded, and wrote three or four letters on the subject, to Dr. Stiles, which were published in 1789. It is now very clear that my opinion was not well founded; but that Chicaca, which I had supposed to be Muskingum, ought to have been written Chicaça, with a cedilla, as it is in the original Spanish; and pronounced Chikesaw. This determins the place of Soto's winter quarters, the second year after landing, to be in the territories of the present Chikesaws. Those letters, therefore, are not worth republishing; but the following extract, on a different subject, may be considered as worthy of preservation.]

But how shall we account for the mounts, caves, graves, &c. and for the contents, which evince the existence of the custom of burning the dead or their bones; can these be ascribed to the Spaniards? I presume, Sir, you will be of opinion they cannot. Capt. Heart says,50 these graves are small mounts of earth, from some of which human bones have been taken; in one were found bones in the natural position of a man, buried nearly east and west, and a quantity of ising glass on his breast; in the other graves, the bones were irregular, some calcined by fire, others burnt only to a certain degree, so as to render them more durable; in others the mouldered bones retain their shape, without any substance; others are partly rotten and partly the remains of decayed bones; in most of the graves were found stones evidently burnt, pieces of charcoal, Indian arrows and pieces of earthen ware, which appeared to be a composition of shells and cement.

That these mounts and graves are the works of the nativ Indians, is very evident, for such small mounts are scattered over every part of North America. "It was customary with the Indians of the West Jersey," says Mr. Smith, page 137, "when they buried the dead, to put family utensils, bows and arrows, and sometimes wampum into the grave, as tokens of their affection. When a person of note died far from the place of his own residence, they would carry his bones to be buried there. They washed and perfumed the dead, painted the face, and followed singly; left the dead in a fitting posture, and covered the grave pyramidically. They were very curious in preserving and repairing the graves of their dead, and pensivly visited them."

It is said by the English, who are best acquainted with the manners of the nativs, that they had a custom of collecting, at certain stated periods, all the bones of their deceased friends, and burying them in some common grave. Over these cemetaries or general repositories of the dead, were erected those vast heaps of earth or mounts, similar to those which are called in England barrows, and which are discovered in every part of the United States.

The Indians seem to have had two methods of burying the dead; one was, to deposit one body (or at most but a small number of bodies) in a place, and cover it with stones, thrown together in a careless manner. The pile thus formed would naturally be nearly circular, but those piles that are discovered are something oval. In the neighborhood of my father's house, about seven miles from Hartford, on the public road to Farmington, there is one of those Carrnedds or heaps of stone. I often passed by it in the early part of my youth, but never measured its circumference or examined its contents. My present opinion is, that its circumference is about twenty five feet. The inhabitants in the neighborhood report, as a tradition received from the nativs, that an Indian was buried there, and that it is the custom for every Indian that passes by to cast a stone upon the heap. This custom I have never seen practised, but have no doubt of its existence; as it is confirmed by the general testimony of the first American settlers.51

The other mode of burying the dead, was to deposit a vast number of bodies, or the bones which were taken from the single scattered graves, in a common cemetary, and over them raise vast tumuli or barrows, such as the mount at Muskingum, which is 390 feet in circumference, and 50 feet high. The best account of these cemetaries may be found in Mr. Jefferson's Notes on Virginia, which will appear the most satisfactory to the reader in his own words.

"I know of no such thing existing as an Indian monument, for I would not honor with that name, arrow points, stone hatchets, stone pipes, and half shapen images. Of labor on the large scale, I think there are no remains as respectable as would be a common ditch for the draining of lands, unless it be the barrows, of which many are to be found all over this country. These are of different sizes, some of them constructed of earth, and some of loose stones. That they were repositories of the dead has been obvious to all; but on what particular occasion constructed, was matter of doubt. Some have thought they covered the bones of those who have fallen in battles, fought on the spot of interment. Some ascribe them to the custom, said to prevail among the Indians, of collecting at certain periods the bones of all their dead, wherever deposited at the time of death. Others again supposed them the general sepulchre for towns, conjectured to have been on or near these grounds, and this opinion was supported by the quality of the lands in which they are found, (those constructed of earth being generally in the softest and most fertile meadow grounds on river sides) and by a tradition said to be handed down from the aboriginal Indians, that when they settled in a town, the first person who died was placed erect, and earth put about him so as to cover and support him; that when another died, a narrow passage was dug to the first, the second reclined against him, and the cover of earth replaced, and so on. There being one of these in my neighborhood, I wished to satisfy myself whether any, and which of these opinions were just; for this purpose I determined to open and examin it thoroughly. It was situated on the low grounds of the Rivanna, about two miles above its principal fork, and opposit to some hills on which had been an Indian town. It was of a spheroidical form, of about forty feet diameter at the base, and had been of about twelve feet altitude, tho now reduced by the plow to seven and a half; having been under cultivation about a dozen years.

"Before this, it was covered with trees of twelve inches diameter, and round the base was an excavation of five feet depth and width, from whence the earth had been taken, of which the hillock was formed. I first dug superficially in several parts of it, and came to collections of human bones at different depths, from six inches to three feet, below the surface. These were lying in the utmost confusion; some vertical, some oblique, some horizontal, and directed to every point of the compass, entangled and held together in clusters by the earth. Bones of the most distant parts were found together; as for instance, the small bones of the foot in the hollow of a scull; many sculls were sometimes in contact, lying on the face, on the side, on the back, top or bottom, so as on the whole, to giv the idea of bones emptied promiscuously from a bag or basket, and covered over with earth, without any attention to their order. The bones, of which the greatest numbers remained, were sculls, jaw bones, teeth, the bones of the arms, thighs, legs, feet and hands. A few ribs remained, some vertibræ of the neck and spine, without their processes, and one instance only of the bone which serves as the base to the vertebral column (the os sacrum)."

After making some remarks on the state of putrefaction in which the bones appeared, and on the discovery of the bones of infants, Mr. Jefferson goes on, "I proceeded then to make a perpendicular cut thro the body of the barrow, that I might examin its internal structure. This passed about three feet from its center, was opened to the former surface of earth, and was wide enough for a man to walk thro and examin its sides.

"At the bottom, that is on the level of the circumjacent plain, I found bones; above these a few stones brought from a cliff, a quarter of a mile off, and from the river one eighth of a mile off. Then a large interval of earth, then a stratum of bones, and so on. At one end of the section, were four strata of bones plainly distinguishable; at the other, three; the strata in one part not ranging with those in another. The bones nearest the surface were least decayed. No holes were discovered in any of them, as if made with bullets, arrows or other weapons. I conjectured that in this barrow might have been a thousand skeletons. Every one will readily seize the circumstances above related, which militate against the opinion, that it covered the bones only of persons fallen in battle; and against the tradition also which would make it the common sepulchre of a town, in which the bodies were placed upright, and touching each other. Appearances certainly indicate, that it has derived both origin and growth from the accustomary collection of bones and deposition of them together; that the first collection had been deposited on the common surface of the earth, that a few stones were put over it, and then a covering of earth, that the second had been laid on this, had covered more or less of it in proportion to the number of bones, and was then also covered with earth, and so on. The following are the particular circumstances, which giv it this aspect. 1 The number of bones. 2 The strata in one part having no correspondence with those in another. 3 The different states of decay in these strata, which seem to indicate a difference in the time of inhumation. 4 The existence of infant bones among them.

"But on whatever occasion they may have been made, they are of considerable notoriety among the Indians; for a party passing about thirty years ago, thro the part of the country where this barrow is, went thro the woods directly to it, without any instructions or inquiry, and having staid about it some time, with expressions which were construed to be those of sorrow, they returned to the high road which they had left about half a dozen miles, to pay this visit, and pursued their journey. There is another barrow, much resembling this, in the low grounds of the south branch of the Shenandoah, where it is crossed by the road leading from the Rockfish Gap to Staunton. Both of these have within these dozen years, been cleared of their trees and put under cultivation, are much reduced in their height, and spread in width, by the plow, and will probably disappear in time. There is another on a hill in the blue ridge of mountains, a few miles north of Wood's Gap, which is made up of small stones thrown together. This has been opened, and found to contain human bones, as the others do. There are also others in other parts of the country."

From this account of Mr. Jefferson, to whose industry and talents the sciences and his country will ever be indebted, we may fairly conclude that the mounts at Muskingum are the work of the nativ Indians. It is however necessary to notice two or three particulars, in the appearance of those at Muskingum, which are not discovered (or not mentioned by Mr. Jefferson) in the structure of that which he examined. These are the ising glass, the earthen ware, the charcoal, and the calcination of the bones by fire. As to the first it is well known that the ising glass is found only in particular parts of America, and the savages in other parts could not obtain it. Mr. Jefferson mentions no discovery of earthen ware, but it was used by the Indians in every part of America. The piece you once shewed me, sir, is a specimen of what is found wherever there has been an Indian town. Pieces of it are dug up frequently in the meadows on Connecticut river. It appears to be formed of pure clay, or of shells and cement, hardened by fire, and as we might naturally suppose, without glazing. By sections of vessels which remain, it is evident they were wrought with great ingenuity, and into beautiful and convenient forms.

The charcoal and calcination of some bones are a proof that there has existed, among the savages of America, a custom of burning the dead, or their bones, after the dissolution of the flesh. It does not appear that this custom was general, but it is not at all surprising to find that such a practice has existed in this country; since it has been frequent among the uncivilized nations on the eastern continent.

I am sensible, sir, that you have entertained an opinion that the story of Madoc, the Welch Prince, may be true, and that it is possible the fortifications at Muskingum may be the work of his colony. Of the truth of this conclusion there is perhaps no direct evidence, and yet collateral evidence may be obtained, that it is not chimerical. There is such a surprising affinity between the Indian mounts and the barrows or cemetaries which are remaining in England, but particularly in Wales and Anglesey, the last retreat of the original Britons, that we can hardly resolve it into a common principle of analogy that subsists between nations in the same stage of society; but incredulity itself will acknowlege the probability, that the primitiv inhabitants of Britain and America had a common stock from which they were derived, long since the age of the first parent: Not that I believe North America to be peopled so late as the twelfth century, the period of Madoc's migration, but supposing America to have been settled two or three thousand years before that period, a subsequent colony might pass the Atlantic and bring the Roman improvements in fortification.