The Critical Period of American History

He wishes to prohibit slavery in the national domain.

It was not the nomenclature that stood in the way of Jefferson's scheme, but the wholesale way in which he tried to deal with the slavery question. He wished to hem in the probable extension of slavery by an impassable barrier, and accordingly he not only provided that it should be extinguished in the northwestern territory after the year 1800, but at the same time his anti-slavery ardour led him to try to extend the national dominion southward. He did his best to persuade the legislature of Virginia to crown its work by giving up Kentucky to the United States, and he urged that North Carolina and Georgia should also cede their western territories. As for South Carolina, she was shut in between the two neighbouring states in such wise that her western claims were vague and barren. Jefferson would thus have drawn a north-and-south line from Lake Erie down to the Spanish border of the Floridas, and west of this line he would have had all negro slavery end with the eighteenth century. The policy of restricting slavery, so as to let it die a natural death within a narrowly confined area, – the policy to sustain which Mr. Lincoln was elected president in 1860, – was thus first definitely outlined by Jefferson in 1784. It was the policy of forbidding slavery in the national territory. Had this policy succeeded then, it would have been an ounce of prevention worth many a pound of cure. But it failed because of its largeness, because it had too many elements to deal with. For the moment, the proposal to exclude slavery from the northwestern territory was defeated, because of the two thirds vote required in Congress for any important measure. It got only seven states in its favour, where it needed nine. This defeat, however, was retrieved three years later, when the famous Ordinance of 1787 prohibited slavery forever from the national territory north of the Ohio River. But Jefferson's scheme had not only to deal with the national domain as it was, but also to extend that domain southward to Florida; and in this it failed. Virginia could not be persuaded to give up Kentucky until too late. When Kentucky came into the Union, after the adoption of the Federal Constitution, she came as a sovereign state, with all her domestic institutions in her own hands. With the western districts of North Carolina the case was somewhat different, and the story of this region throws a curious light upon the affairs of that disorderly time.

John Sevier, and the state of Franklin, 1784–87.

In surrendering her western territory, North Carolina showed praiseworthy generosity. But the frontier settlers were too numerous to be handed about from one dominion to another, without saying something about it themselves; and their action complicated the matter, until it was too late for Jefferson's scheme to operate upon them. In June, 1784, North Carolina ceded the region since known as Tennessee, and allowed Congress two years in which to accept the grant. Meanwhile, her own authority was to remain supreme there. But the settlers grumbled and protested. Some of them were sturdy pioneers of the finest type, but along with these there was a lawless population of "white trash," ancestors of the peculiar race of men we find to-day in rural districts of Missouri and Arkansas. They were the refuse of North Carolina, gradually pushed westward by the advance of an orderly civilization. Crime was rife in the settlements, and, in the absence of courts, a rough-and-ready justice was administered by vigilance committees. The Cherokees, moreover, were troublesome neighbours, and people lived in dread of their tomahawks. Petitions had again and again gone up to the legislature, urging the establishment of courts and a militia, but had passed unheeded, and now it seemed that the state had withdrawn her protection entirely. The settlers did not wish to have their country made a national domain. If their own state could not protect them, it was quite clear to them that Congress could not. What was Congress, any way, but a roomful of men whom nobody heeded? So these backwoodsmen held a convention in a log-cabin at Jonesborough, and seceded from North Carolina. They declared that the three counties between the Bald Mountains and the Holston River constituted an independent state, to which they gave the name of Franklin; and they went on to frame a constitution and elect a legislature with two chambers. For governor they chose John Sevier, one of the heroes of King's Mountain, a man of Huguenot ancestry, and such dauntless nature that he was generally known as the "lion of the border." Having done all this, the seceders, in spite of their small respect for Congress, sent a delegate to that body, requesting that the new state of Franklin might be admitted into the Union. Before this business had been completed, North Carolina repealed her act of cession, and warned the backwoodsmen to return to their allegiance. This at once split the new state into two factions: one party wished to keep on as they had now started, the other wished for reunion with North Carolina. In 1786 the one party in each county elected members to represent them in the North Carolina legislature, while the other party elected members of the legislature of Franklin. Everywhere two sets of officers claimed authority, civil dudgeon grew very high, and pistols were freely used. The agitation extended into the neighbouring counties of Virginia, where some discontented people wished to secede and join the state of Franklin. For the next two years there was something very like civil war, until the North Carolina party grew so strong that Sevier fled, and the state of Franklin ceased to exist. Sevier was arrested on a warrant for high treason, but he effected an escape, and after men's passions had cooled down his great services and strong character brought him again to the front. He sat in the senate of North Carolina, and in 1796, when Tennessee became a state in the Union, Sevier was her first governor.

These troubles show how impracticable was the attempt to create a national domain in any part of the country which contained a considerable population. The instinct of self-government was too strong to allow it. Any such population would have refused to submit to ordinances of Congress. To obey the parent state or to set up for one's self, – these were the only alternatives which ordinary men at that time could understand. Experience had not yet ripened their minds for comprehending a temporary condition of semi-independence, such as exists to-day under our territorial governments. The behaviour of these Tennessee backwoodsmen was just what might have been expected. The land on which they were living was not common land: it had been appropriated; it belonged to them, and it was for them to make laws for it. Such is the lesson of the short-lived state of Franklin. It was because she perceived that similar feelings were at work in Kentucky that Virginia did not venture to loosen her grasp upon that state until it was fully organized and ready for admission into the Union. It was in no such partly settled country that Congress could do such a thing as carve out boundaries and prohibit slavery by an act of national sovereignty. There remained the magnificent territory north of the Ohio, – an empire in itself, as large as the German Empire, with the Netherlands thrown in, – in which the collective wisdom of the American people, as represented in Congress, might autocratically shape the future; for it was still a wilderness, watched by frontier garrisons, and save for the Indians and the trappers and a few sleepy old French towns on the eastern bank of the Mississippi, there were no signs of human life in all its vast solitude. Here, where there was nobody to grumble or secede, Congress, in 1787, proceeded to carry out the work which Jefferson had outlined three years before.

Origin of the Ohio company.

It is interesting to trace the immediate origin of the famous Ordinance of 1787. At the close of the war General Rufus Putnam, from the mountain village of Rutland in Massachusetts, sent to Congress an outline of a plan for colonizing the region between Lake Erie and the Ohio with veterans of the army, who were well fitted to protect the border against Indian attacks. The land was to be laid out in townships six miles square, "with large reservations for the ministry and schools;" and by selling it to the soldiers at a merely nominal price, the penniless Congress might obtain an income, and at the same time recognize their services in the only substantial way that seemed practicable. Washington strongly favoured the scheme, but, in order to carry it out, it was necessary to wait until the cession of the territory by the various claimant states should be completed. After this had been done, a series of treaties were made with the Six Nations, as overlords, and their vassal tribes, the Wyandots, Chippewas, Ottawas, Delawares, and Shawnees, whereby all Indian claims to the lands in question were forever renounced. The matter was then formally taken up by Holden Parsons of Connecticut, and Rufus Putnam, Manasseh Cutler, Winthrop Sargent, and others, of Massachusetts, and a joint-stock company was formed for the purchase of lands on the Ohio River. A large number of settlers – old soldiers of excellent character, whom the war had impoverished – were ready to go and take possession at once; and in its petition the Ohio company asked for nothing better than that its settlers should be "under the immediate government of Congress in such mode and for such time as Congress shall judge proper." Such a proposal, affording a means at once of replenishing the treasury and satisfying the soldiers, could not but be accepted; and thus were laid the foundations of a state destined within a century to equal in population and far surpass in wealth the whole Union as it was at that time. It became necessary at once to lay down certain general principles of government applicable to the northwestern territory; and the result was the Ordinance of 1787, which was chiefly the work of Edward Carrington and Richard Henry Lee of Virginia, and Nathan Dane of Massachusetts, in committee, following the outlines of a draft which is supposed to have been made by Manasseh Cutler. Jefferson was no longer on the ground, having gone on his mission to Paris, but some of the principles of his proposed Ordinance of 1784 were adopted.

The Ordinance of 1787.

It was provided that the northwestern territory should ultimately be carved into states, not exceeding five in number, and any one of these might be admitted into the Union as soon as its population should reach 60,000. In the mean time, the whole territory was to be governed by officers appointed by Congress, and required to take an oath of allegiance to the United States. Under this government there was to be unqualified freedom of religious worship, and no religious tests should be required of any public official. Intestate property should descend in equal shares to children of both sexes. Public schools were to be established. Suffrage was not yet made universal, as a freehold in fifty acres was required. No law was ever to be made which should impair the obligation of contracts, and it was thoroughly agreed that this provision especially covered and prohibited the issue of paper money. The future states to be formed from this territory must make their laws conform to these fundamental principles, and under no circumstances could any one of them ever be separated from the Union. In such wise, the theory of peaceful secession was condemned in advance, so far as it was possible for the federal government to do so. Jefferson's principle, that slavery should not be permitted in the national domain, was also adopted so far as the northwest was concerned; and it is interesting to observe the names of the states which were present in Congress when this clause was added to the ordinance. They were Georgia, the two Carolinas, Virginia, Delaware, New Jersey, New York, and Massachusetts; and the vote was unanimous. No one was more active in bringing about this result than William Grayson of Virginia, who was earnestly supported by Lee. The action of Virginia and North Carolina at that time need not surprise us. But the movements in favour of emancipation in these two states, and the emancipation actually effected or going on at the north, had already made Georgia and South Carolina extremely sensitive about slavery; and their action on this occasion can be explained only by supposing that they were willing to yield a point in this remote territory, in order by and by to be able to insist upon an equivalent in the case of the territory lying west of Georgia. Nor would they have yielded at all had not a fugitive slave law been enacted, providing that slaves escaping beyond the Ohio should be arrested and returned to their owners. These arrangements having been made, General St. Clair was appointed governor of the territory; surveys were made; land was put up for sale at sixty cents per acre, payable in certificates of the public debt; and settlers rapidly came in. The westward exodus from New England and Pennsylvania now began, and only fourteen years elapsed before Ohio, the first of the five states, was admitted into the Union.

Theory of folkland upon which the ordinance was based.

"I doubt," says Daniel Webster, "whether one single law of any law-giver, ancient or modern, has produced effects of more distinct, marked, and lasting character than the Ordinance of 1787." Nothing could have been more emphatically an exercise of national sovereignty; yet, as Madison said, while warmly commending the act, Congress did it "without the least colour of constitutional authority." The ordinance was never submitted to the states for ratification. The articles of confederation had never contemplated an occasion for such a peculiar assertion of sovereignty. "A great and independent fund of revenue," said Madison, "is passing into the hands of a single body of men, who can raise troops to an indefinite number, and appropriate money to their support for an indefinite period of time… Yet no blame has been whispered, no alarm has been sounded," even by men most zealous for state rights and most suspicious of Congress. Within a few months this argument was to be cited with telling effect against those who hesitated to accept the Federal Constitution because of the great powers which it conferred upon the general government. Unless you give a government specific powers, commensurate with its objects, it is liable on occasions of public necessity to exercise powers which have not been granted. Avoid the dreadful dilemma between dissolution and usurpation, urged Madison, by clothing the government with powers that are ample but clearly defined. In a certain sense, the action of Congress in 1787 was a usurpation of authority to meet an emergency which no one had foreseen, as in the cases of Jefferson's purchase of Louisiana and Lincoln's emancipation of the slaves. Each of these instances marked, in one way or another, a brilliant epoch in American history, and in each case the public interest was so unmistakable that the people consented and applauded. The theory upon which the Ordinance of 1787 was based was one which nobody could fail to understand, though perhaps no one would then have known just how to put it into words. It was simply the thirteen states, through their delegates in Congress, dealing with the unoccupied national domain as if it were the common land or folkland of a stupendous township.

Spain, hearing of the secret article in the treaty of 1783, loses her temper and threatens to shut up the Mississippi River.

The vast importance of the lands between the Alleghanies and the Mississippi was becoming more apparent every year, as the westward movement of population went on. But at this time their value was much more clearly seen by the southern than by the northern states. In the north the westward emigration was only just beginning to pass the Alleghanies; in the south, as we have seen, it had gone beyond them several years ago. The southern states, accordingly, took a much sounder view than the northern states of the importance to the Union of the free navigation of the Mississippi River. The difference was forcibly illustrated in the dispute with Spain, which came to a crisis in the summer of 1786. It will be remembered that by the treaties which closed the Revolutionary War the provinces of East and West Florida were ceded by England to Spain. West Florida was the region lying between the Appalachicola and the Mississippi rivers, including the southernmost portions of the present states of Alabama and Mississippi. By the treaty between Great Britain and the United States, the northern boundary of this province was described by the thirty-first parallel of latitude; but Spain denied the right of these powers to place the boundary so low. Her troops still held Natchez, and she maintained that the boundary must be placed a hundred miles farther north, starting from the Mississippi at the mouth of the Yazoo River, near the present site of Vicksburg. Now the treaty between Great Britain and the United States contained a secret article, wherein it was provided that if England could contrive to keep West Florida, instead of surrendering it to Spain, then the boundary should start at the Yazoo. This showed that both England and the United States were willing to yield the one to the other a strip of territory which both agreed in withholding from Spain. Presently the Spanish court got hold of the secret article, and there was great indignation. Here was England giving to the Americans a piece of land which she knew, and the Americans knew, was recently a part of West Florida, and therefore belonged to Spain! Castilian grandees went to bed and dreamed of invincible armadas. Congress was promptly informed that, until this affair should be set right, the Americans need not expect the Spanish government to make any treaty of commerce with them; and furthermore, let no American sloop or barge dare to show itself on the Mississippi below the Yazoo, under penalty of confiscation. When these threats were heard in America, there was great excitement everywhere, but it assumed opposite phases in the north and in the south. The merchants of New York and Boston cared little more about the Mississippi River than about Timbuctoo, but they were extremely anxious to see a commercial treaty concluded with Spain. On the other hand, the backwoodsmen of Kentucky and the state of Franklin cared nothing for the trade on the ocean, but they would not sit still while their corn and their pork were confiscated on the way to New Orleans. The people of Virginia sympathized with the backwoodsmen, but her great statesmen realized the importance of both interests and the danger of a conflict between them.

Gardoqui and Jay.

Threats of secession in Kentucky and in New England, 1786.

The Spanish envoy, Gardoqui, arrived in the summer of 1784, and had many interviews with Jay, who was then secretary for foreign affairs. Gardoqui set forth that his royal master was graciously pleased to deal leniently with the Americans, and would confer one favour upon them, but could not confer two. He was ready to enter into a treaty of commerce with us, but not until we should have renounced all claim to the navigation of the Mississippi River below the Yazoo. Here the Spaniard was inexorable. A year of weary argument passed by, and he had not budged an inch. At last, in despair, Jay advised Congress, for the sake of the commercial treaty, to consent to the closing of the Mississippi, but only for twenty-five years. As the rumour of this went abroad among the settlements south of the Ohio, there was an outburst of wrath, to which an incident that now occurred gave added virulence. A North Carolinian trader, named Amis, sailed down the Mississippi with a cargo of pots and kettles and barrels of flour. At Natchez his boat and his goods were seized by the Spanish officers, and he was left to make his way home afoot through several hundred miles of wilderness. The story of his wrongs flew from one log-cabin to another, until it reached the distant northwestern territory. In the neighbourhood of Vincennes there were Spanish traders, and one of them kept a shop in the town. The shop was sacked by a band of American soldiers, and an attempt was made to incite the Indians to attack the Spaniards. Indignation meetings were held in Kentucky. The people threatened to send a force of militia down the river and capture Natchez and New Orleans; and a more dangerous threat was made. Should the northeastern states desert them and adopt Jay's suggestion, they vowed they would secede, and throw themselves upon Great Britain for protection. On the other hand, there was great agitation in the seaboard towns of Massachusetts. They were disgusted with the backwoodsmen for making such a fuss about nothing, and with the people of the southern states for aiding and abetting them; and during this turbulent summer of 1786, many persons were heard to declare that, in case Jay's suggestion should not be adopted, it would be high time for the New England states to secede from the Union, and form a confederation by themselves. The situation was dangerous in the extreme. Had the question been forced to an issue, the southern states would never have seen their western territories go and offer themselves to Great Britain. Sooner than that, they would have broken away from the northern states. But New Jersey and Pennsylvania now came over to the southern side, and Rhode Island, moving in her eccentric orbit, presently joined them; and thus the treaty was postponed for the present, and the danger averted.

Washington's views on the importance of canals between east and west.

His far-sighted genius and self-devotion.

This lamentable dispute was watched by Washington with feelings of gravest concern. From an early age he had indulged in prophetic dreams of the grandeur of the coming civilization in America, and had looked to the country beyond the mountains as the field in which the next generation was to find room for expansion. Few had been more efficient than he in aiding the great scheme of Pitt for overthrowing the French power in America, and he understood better than most men of his time how much that scheme implied. In his early journeys in the wilderness he had given especial attention to the possibilities of water connection between the east and west, and he had bought for himself and surveyed many extensive tracts of land beyond the mountains. The subject was a favourite one with him, and he looked at it from both a commercial and a political point of view. What we most needed, he said in 1770, were easy transit lines between east and west, as "the channel of conveyance of the extensive and valuable trade of a rising empire." Just before resigning his commission in 1783 Washington had explored the route through the Mohawk Valley, afterward taken first by the Erie Canal, and then by the New York Central Railroad, and had prophesied its commercial importance in the present century. Soon after reaching his home at Mount Vernon, he turned his attention to the improvement of intercourse with the west through the valley of the Potomac. The east and west, he said, must be cemented together by interests in common; otherwise they will break asunder. Without commercial intercourse they will cease to understand each other, and will thus be ripe for disagreement. It is easy for mental habits, as well as merchandise, to glide down stream, and the connections of the settlers beyond the mountains all centre in New Orleans, which is in the hands of a foreign and hostile power. No one can tell what complications may arise from this, argued Washington; "let us bind these people to us by a chain that can never be broken;" and with characteristic energy he set to work at once to establish that line of communication that has since grown into the Chesapeake and Ohio Canal, and into the Baltimore and Ohio Railroad. During the three years preceding the meeting of the Federal Convention he was largely occupied with this work. In 1785 he became president of a company for extending the navigation of the Potomac and James rivers, and the legislature of Virginia passed an act vesting him with one hundred and fifty shares in the stock of the company, in order to testify their "sense of his unexampled merits." But Washington refused the testimonial, and declined to take any pay for his services, because he wished to arouse the people to the political importance of the undertaking, and felt that his words would have more weight if he were known to have no selfish interest in it. His sole purpose, as he repeatedly said, was to strengthen the spirit of union by cementing the eastern and western regions together. At this time he could ill afford to give his services without pay, for his long absence in war-time had sadly impaired his estate. But such was Washington.