Position of the Hessians.--To the east of the Delaware was a Hessian

division under Colonel Von Donop, Colonel Rail being stationed at

Trenton with three regiments. Rail had taken to measures to strengthen a

naturally weak position; highways converged to the north of the village

and artillery stationed at the junction could sweep the streets.

Scouting parties and spies informed Washington that Rail's troops were

scattered through the town and that the place was practically without

defences.

Trenton.--Washington determined to strike. With the greatest secrecy he

perfected his plans. One body of troops under Cadwalader was to attack

Von Donop's position at Bordentown and Ewing with a thousand men was to

strike at troops stationed on Assumpink Creek, while Washington with

Greene and Sullivan in command of twenty-four hundred men and eighteen

cannon were to advance against Trenton from the north. During a furious

tempest on Christmas night Washington succeeded in crossing the

Delaware, but Ewing failed to get over and Cadwalader crossed too late

to cooeperate. At four in the morning Washington's troops began the weary

march toward Trenton. While the valiant army was toiling over the frozen

roads, the Hessians were sleeping off the effects of their Christmas

wassail. At 8:15 the American forces drove in the Hessian outposts.

Aroused from his bed Rail tried to make a stand, but the streets were

raked with round shot and the sharpshooters fired relentlessly into the

huddled Hessians, several hundred of whom fled across the Assumpink

Creek bridge and escaped to Bordentown. Rail tried to rally his men but

fell mortally wounded. When Sullivan cut off the retreat to the south

and Greene ordered up his reserves, resistance ended. Nine hundred

prisoners, a thousand muskets, six field pieces, and a large quantity of

stores fell into the hands of the successful commander. But not in terms

of men and guns should the battle of Trenton be judged. Its importance

lies in the fact that Washington had won a clean cut victory when the

Whig cause was tottering and by that victory had raised the drooping

spirits of a despairing nation.

Movements of the armies.--When the news of Trenton reached New York, it

roused the British from their fancied security. Lord Cornwallis at the

head of eight thousand men proceeded by forced marches toward the west.

Washington had determined to hold a position east of the Delaware, and

on December 30 he again crossed the river and by January 2, 1777, had

assembled five thousand men and forty pieces of artillery just below

Trenton. As Cornwallis approached the American position, he realized the

costliness of a frontal attack, and decided that as soon as his forces

assembled he would attempt a flanking movement from Allentown.

Princeton, January 3, 1777.--Washington saw the danger and decided on a

daring plan. On the night of January 2 all was activity in the American

camp. Sentinels challenged, infantry moved about in the light of the

camp fires, and the sound of pick and shovel was plainly audible to the

British. But in the darkness to the rear another kind of activity was in

progress. Cannon, stores, and baggage were being silently moved to

Bordentown and Burlington, and at one in the morning the bulk of the

army began a stealthy march which at daybreak brought them out within a

mile and a half of Princeton. Three of Cornwallis's regiments had

remained there during the night and were now under way. Suddenly the

first of these troops under Colonel Mawhood found themselves confronted

by the American advance guard. The British charged bravely, scoring an

initial success, but Washington's presence in front of his lines

steadied the troops and they soon forced a retreat. Sullivan then led

the advance against the two remaining regiments, which were driven

through and beyond Princeton, leaving three hundred prisoners in

Washington's hands. The roar of the guns brought the unwelcome tidings

to Cornwallis that the American army had escaped, had cut across his

rear, and had defeated three of his crack regiments.

Morristown.--Five miles beyond Princeton Washington turned to the north

and soon established his army in a powerful position at Morristown where

they remained in security the rest of the winter. Howe made no attempt

to dislodge his opponent, but concentrated ten thousand troops in camps

at New Brunswick and Perth Amboy. The Jersey people had been cured of

their Toryism; supplies poured into the American camp, while the British

experienced the greatest difficulty in securing fuel and food, and by

March 1 were reduced to a ration of salt provisions and "ammunition

bread." When Washington reached Morristown he had about four thousand

men and during the winter his army did not increase, but he made the

most of the opportunity to drill his men and perfect his organization.

Throughout the country men were drilling for the spring campaign, powder

mills were being built, and lead mines were being opened. The greatest

shortage was in muskets, but fortunately these were obtained from

France.

Middlebrook.--In May, 1777, everything was in readiness and Washington

led his army to a powerful position at Middlebrook, only a few miles

from the British camp at New Brunswick. On June 13 Howe transferred

large forces to the southern bank of the Raritan, but he failed to draw

Washington from his point of vantage and on the nineteenth he began the

withdrawal of his army to Staten Island, having had the satisfaction

only of a rear guard action with Stirling's division.

THE STRUGGLE WITH BURGOYNE

British plans for 1777.--Howe's plan for the campaign of 1777 called for

fifteen thousand more troops. With this addition he believed that he

could crush Washington and conquer Pennsylvania, New Jersey, and New

York. The subjugation of the southern colonies would then be attempted,

followed by operations in New England. But Lord Germaine thought

otherwise. Ignoring the general in the field, he planned to send a force

under St. Leger down the Mohawk Valley, a second army under Burgoyne to

penetrate New York by the Lake Champlain route, while Howe was to

proceed up the Hudson Valley. The three armies were to meet at Albany.

The plan looked good on paper, but it failed to take into account the

long distances to be traversed and the difficulties of transportation on

the frontier. When Germaine planned the campaign, he should have sent

precise orders to Howe, but this he failed to do, and on May 18 he even

wrote acquiescing in the proposed expedition against Philadelphia and

expressing the hope that the business might be concluded in season so

that Howe could cooeperate with Burgoyne.

Ticonderoga and Ft. Independence.--On June 15, 1777, General Schuyler

learned that Burgoyne's army was in motion and that St. Leger was

concentrating forces on the upper Mohawk. The American army was in a

sorry plight for smallpox and dysentery were still the bane of the

northern department. Congress had done much to destroy efficiency by

temporarily removing Schuyler. At a time when all should have been

working in harmony, Gates was intriguing with members of Congress to

overthrow his superior. The advance part of the army was at Ticonderoga.

Across the narrow bay Fort Independence had been erected and a bridge

connected the fortifications, which were commanded by General St. Clair

who had only twenty-five hundred men to man works which demanded ten

thousand defenders.

[Illustration: The Region of Burgoyne's Invasion (The large map is based

on E.G. Foster's _Historical Chart_; the inset is from Trevelyan, _The

American Revolution_, Part II, Vol. I).]

Burgoyne captures the forts.--Late in June Burgoyne's flotilla carrying

about eight thousand soldiers reached Crown Point. His engineers soon

discovered the fundamental weaknesses of the American position. Mt. Hope

dominated the passage to Lake George and Sugar Hill towered above the

forts. On July 2 the former position was occupied by the British and on

July 5 St. Clair saw Sugar Hill bristling with cannon. He realized that

the forts were untenable and on the night of July 6 he loaded his

stores and light artillery on barges and sent them under convoy to

Skenesborough. The main body of troops under St. Clair attempted to

reach the same place by a circuitous route which led through

Hubbardtown.

The disastrous retreat.--Burgoyne's vessels broke through the

impediments and pursued the American flotilla. They encountered it at

anchor in South Bay and short work they made of it. The Americans

destroyed the stores and buildings on the shore before they retreated.

General Fraser had been sent in pursuit of St. Clair's forces and at

Hubbardtown he fell in with the American rear guard and defeated it. St.

Clair succeeded in getting his troops to Ft. Edward where he joined

Schuyler. Only three thousand men barred the way to Albany.

The withdrawal to Stillwater.--Schuyler sent out calls for help to New

England, to New York, and to Washington. While waiting for

reinforcements he destroyed the standing crops, drove off the stock, and

broke up the roads. Having despoiled the country, he abandoned Fort

Edward and withdrew to Stillwater on the west bank of the Hudson. It was

not long before reinforcements began pouring in. Although his army was

inferior to that of Howe, Washington sent on Morgan's riflemen and he

ordered Putnam to send two brigades. General Lincoln was sent to

organize the New England militia and Benedict Arnold was called from

Connecticut to help Schuyler.

Bennington.--Burgoyne reached the head of Lake Champlain on July 10, but

from that point his progress was exceedingly slow, the twenty miles to

Ft. Edwards being traversed in as many days. Schuyler's work of

devastation had been complete and the British commissariat suffered

accordingly. To replenish his depleted stores, Burgoyne embarked upon a

rash enterprise. At Bermington large quantities of stores had been

collected and a Tory named Philip Skene suggested that they would be an

easy prize. Burgoyne followed Skene's advice and sent Colonel Baum with

five or six hundred troops to make the capture. Near Bennington John

Stark was in command of two brigades of New England troops and at

Manchester were the remnants of regiments which had retreated from

Hubbardtown. On August 15 Baum came in touch with Stark's forces, but he

hesitated to attack and proceeded to intrench. The New England troops

gradually encircled the position, and when they attacked on the

afternooon of the sixteenth, they killed, wounded, or captured nearly

the entire force. While the Americans were engaged in plundering the

camp, they were suddenly attacked by another force of six hundred under

Breymann, sent by Burgoyne at Baum's request. Things were going badly

for Stark's men when Seth Warner with forces from Manchester arrived.

After a sharp contest Breymann's troops were driven from the field with

a loss of a third of the rank and file. The day's fighting had deprived

the invaders of a considerable force which they could not afford to lose

in the face of an army which was increasing daily.

Oriskany.--While Burgoyne was advancing, St. Leger was invading the

Mohawk Valley. On August 3 his army of British regulars, Hessians,

Canadians, Tories, and Indians invested Ft. Stanwix. Colonel Herkimer

gathered the Tryon County militia and went to the relief of the fort,

but at Oriskany, which was only six miles from the fort, he was

surprised. In the desperate battle the losses were higher in proportion

to men engaged than in any other battle of the war. Herkimer was killed

and so badly cut up were the militia that the expedition was unable to

proceed.

Ft. Stanwix relieved.--Schuyler realized the danger of a flank attack

from the Mohawk Valley. St. Leger must be checked. Schuyler called for a

volunteer to lead a relief expedition. Arnold offered his services and

at the head of eight hundred men advanced up the valley. As he proceeded

his force was continually increased by recruits. As he approached Ft.

Stanwix, Arnold succeeded in creating the impression that his army was

of overwhelming numbers. The Senecas were the first to desert St. Leger

and the Tories soon made off to the woods. Abandoned by his allies, St.

Leger retreated, leaving behind stores, tents, and artillery. The battle

of Bennington and the retirement from the Mohawk Valley sealed the fate

of Burgoyne.

Gates supersedes Schuyler.--By the middle of August Schuyler had the

satisfaction of being in command of a force which outnumbered Burgoyne's

army. But on August 19 Horatio Gates arrived at Albany with a commission

to take command. Gates was a man of little ability, but of an

unscrupulous, intriguing, and ambitious nature. He had spent many

months at the seat of government influencing members of Congress, a task

made easy by the fact that the New England delegates disliked Schuyler.

With victory already assured, Gates came forward to reap the honors.

Burgoyne was in a sorry plight. His line of communication was in danger

of being cut and his force had been reduced to about six thousand

effectives. In vain he looked for despatches from Howe, but though he

had sent ten messengers, an ominous silence was his only answer. Two

courses were open to him; an ignominious retreat or an advance that at

best was but a forlorn hope. Fortunately for the American cause he chose

the latter.

First battle of Bemis's Heights, September 19.--On September 13 the

British army crossed the Hudson on a bridge of boats and encamped at

Saratoga. Six miles to the south was a table land called Bemis's Heights

which the Americans had fortified. Between the heights and the river

stretched a pasture five hundred yards in width. It was a position

easily defended provided Gates extended his left wing. This he failed to

do and Burgoyne, quick to see the opportunity for a turning movement,

disposed his forces in such a manner that while Philips in command of

the British left and Burgoyne in the center engaged the American army,

General Fraser on the right could encircle the heights. Arnold saw the

danger and besought Gates to let him attack the British right. Gates

finally consented and Arnold immediately flung his men against Fraser's

position. A confused fight occurred in the tangled underbrush, and

though Morgan's riflemen got out of hand, the effect of the attack was

to stop Fraser's advance. Having been reinforced, Arnold threw his

troops against the British center at Freeman's Farm. A very hot

engagement ensued and victory would probably have resulted had Gates

engaged Philips, but the American commander failed to attack and the

British left came to the assistance of the hard-pressed center. At

nightfall Arnold fell back a short distance, but he had saved the

American army and had inflicted such great injury that Burgoyne was

unable to continue the battle the next day.

Clinton fails to cooeperate.--The British commander fortified his

position and there his army remained inactive for more than a

fortnight. The situation was daily becoming more critical, for Lincoln

had succeeded in cutting the line of communication with Canada. A

belated despatch had reached Burgoyne informing him of Howe's expedition

against Philadelphia. He also received information which led him to

believe that Clinton expected to clear the Hudson and come to his

relief. Early in October Clinton captured three forts on the lower

Hudson, but instead of following up his success, he returned to New York

and left the northern army to its fate.

Second battle of Bemis's Heights.--The situation in the American camp

was far from harmonious. Gates had not mentioned Arnold's division in

his official report of the recent battle. This slight was followed by

studied insults and cowardly persecution. The protests of the regimental

officers caused Arnold to postpone his resignation, but Gates deprived

him of his command and elevated Lincoln. On October 7 Burgoyne again

prepared to attack the American lines. His initial assault was repulsed

and Fraser was mortally wounded. Soon after the fighting began Arnold

put himself at the head of his old troops and broke the British center.

The British right wing was also forced back, but Gates did nothing to

follow up the advantage. Arnold seized the opportunity and assaulted

Freeman's Farm. There he was repulsed but he turned his troops against a

redoubt on the right and carried it by assault. The redoubtable general,

however, was severely wounded, his thigh bone being shattered, but his

generalship had won the battle which broke the British army.

Burgoyne's surrender.--The day after the battle Gates pushed forward his

left wing, a movement which threatened to pen Burgoyne between the

Hudson and a hostile army. The British commander should have sunk his

heavy guns in the river and beaten a hasty retreat, but instead he

attempted to save his stores and artillery. He fell back eight miles and

took a position on the north bank of Fishkill Creek near Saratoga. Gates

threw a force across the Hudson which prevented a crossing, troops were

posted on the flank of the British Camp and the main army was drawn up

on the south bank of Fishkill Creek. The British were trapped and

Burgoyne at last realized that the game was up. On October 13 he called

a council of war at which it was decided to negotiate terms. Gates

demanded an unconditional surrender, but Burgoyne refused and the next

day Gates, who appears neither to have been able to win a battle or to

make the most of a fortunate situation created by the bravery and skill

of another, agreed that Burgoyne should surrender with the honors of war

and that his army should be given free passage to Great Britain upon the

condition that they would not serve in North America during the war.

Congress, to its shame, did not carry out the agreement and the troops

were kept as prisoners in America.

THE CONTEST FOR PHILADELPHIA

Howe moves on Philadelphia.--While the northern army was struggling with

Burgoyne, another great contest was taking place in Pennsylvania.

Germaine had not given Howe definite orders to cooeperate with Burgoyne

and, in fact, had approved the proposed expedition against Philadelphia.

After the retirement from before Middlebrook, Howe's movements were a

mystery to Washington. In July he learned that the British fleet was

being prepared for a voyage, but whether the enemy would sail up the

Hudson, or strike at Boston, Philadelphia, or Charleston, he could not

tell. To forestall an advance northward Washington moved his army toward

the New York highlands. On July 31 he heard that the British fleet had

appeared in Delaware Bay. Immediately the American army was started for

Philadelphia, but before the city was reached the astonishing news came

that the fleet had disappeared. Washington immediately went into camp

twenty miles north of Philadelphia to await developments. Two weeks

later the British fleet sailed into Chesapeake Bay and on August 25 the

army, which numbered seventeen thousand, began to disembark at the Head

of Elk at the northern end of the bay.

Battle of the Brandywine.--As soon as Washington heard of the British

landing, he started his army southward. On August 24 eleven thousand men

paraded through the spacious streets of Philadelphia and on September 9

the army was posted on the north bank of the Brandywine. The main road

to Philadelphia crossed the stream at Chad's Ford and here Wayne's

division was stationed. Below the ford the steep banks were defended by

a small force of militia. Above Wayne were Greene's well-drilled

brigades, and the right was held by Sullivan. On September 10 Howe

concentrated his army at the Kennet Square meeting house, where he

divided it into two columns. At four the next morning Cornwallis in

command of one column started for the upper fords of the Brandywine; by

making this wide detour it was hoped that he could get in the rear of

the American right wing. An hour later General von Knyphausen in command

of the other column advanced toward Chad's Ford. He drove a small group

of skirmishers across the stream, arranged his army as if for an

assault, and opened with his artillery. Washington spent the morning in

uncertainty, but at length Sullivan sent word that Cornwallis's troops

were getting in his rear. Washington immediately ordered him to throw

his entire force across the path of the enemy, but the movement was not

carried out with precision and soon the wings of Sullivan's force were

routed. Stirling, who held the center, made a gallant defence, but with

both flanks exposed, he was forced to retire. When Von Knyphausen heard

the firing, he advanced across Chad's Ford, and carried Wayne's

intrenchments. Washington had ordered Greene to go to Sullivan's

assistance. His men covered four miles in about forty minutes and then

came into action against Cornwallis's victorious troops. For an hour the

battle raged with great intensity, and as darkness set in, Greene drew

off his men. His stubborn fight had saved the army, which was brought

together at Chester.

Paoli.--Washington moved his army thirty-five miles up the Schuylkill

and the British encamped south of the river near Valley Forge. To harass

the rear of Howe's army Washington sent Wayne's division across the

Schuylkill. At 1 A.M. on September 21 this force was surprised near the

Paoli Tavern. The British fell upon the American camp with sword and

bayonet, and before the grim work was over Wayne had lost more than

three hundred men.

The British in Philadelphia.--On September 23 the British army crossed

the Schuylkill and began to advance toward Philadelphia. When the news

reached the city a Whig exodus began, probably a third of the population

taking their departure. Congress removed the prisoners, archives, and

most of the stores; upon Washington it conferred dictatorial powers

for sixty days in the vicinity, and then adjourned to Lancaster and

later to York. On September 25 Howe entered the capital.

[Illustration: Morristown, New Jersey, to Head of Elk, Maryland (1777)

(Based on map in G.O. Trevelyan, _The American Revolution_, Part. III,

op. p. 492).]

Germantown.--Within a week Washington was ready to try to retake the

city. The approach from the northwest lay through Germantown. In the

outskirts Howe had stationed a strong force of infantry. Near the center

of the village the fine brick mansion of Benjamin Chew, the Chief

Justice of Pennsylvania, formed the pivot of the second line of defence

which was commanded by Colonel Musgrave. A mile to the rear lay the bulk

of the British army. Washington planned to advance in four columns.

Armstrong with the Pennsylvania militia on the right was to get in the

rear of the British left. Sullivan commanded the next column to the east

and was followed by the reserve under Stirling. A third column was

commanded by Greene, and the Maryland and New Jersey militia, forming

the fourth column, were to strike the British right. Save for a few

shots fired by Armstrong's men, the militia failed to get into the

fighting.

The dawn of October 4 broke in a dense fog, which destroyed the

possibility of cooeperation and led to much confusion. Sullivan's men

arrived first and soon drove the British from their advanced position.

Then followed an attack which centered at Chew's house where Musgrave

and his men had taken refuge. The sound of the firing attracted some of

Greene's men who joined in the attack. The brick walls proved too strong

for the American three-pounders, and most of the forces of Sullivan and

Greene passed on to attack the next line where five brigades of royal

troops were drawn up along a narrow lane. The American units became

separated, Greene having advanced a considerable distance ahead of

Sullivan's troops. Suddenly Sullivan's force broke and fled in an

unaccountable panic. This placed Greene in great jeopardy, for his flank

was exposed and British reinforcements were approaching, but he coolly

saved his men and guns. So heavy were the British losses that no serious

attempt was made to follow the retreating army which was able to get

away with all its artillery.

Opening the Delaware.--Philadelphia was firmly held by the British but

the Delaware was still closed. At Billingsport a fort had been built

and an obstruction had been thrown across the river. Another obstruction

blocked the passage below Mud Island, on which stood Fort Mifflin and

opposite on the Jersey shore was Ft. Mercer. A flotilla of small craft

patrolled the Delaware. On October 4 part of Lord Howe's fleet anchored

in the river and two days later the obstruction at Billingsport was

removed. On October 22 Colonel von Donop attempted to capture Ft. Mercer

but he met with a bloody repulse. After this defeat the British

proceeded with more caution in the reduction of Ft. Mifflin. Shore

batteries were constructed which bombarded Mud Island for days. On

November 15 two battleships navigated the difficult channel and soon

battered the walls of the fort to pieces. At nightfall the garrison

abandoned the fortress. Four days later Ft. Mercer was evacuated when an

overwhelming force advanced against it, and on November 21 most of the

American vessels were set on fire by their crews. Communication with New

York was thus opened and Howe prepared to settle down in Philadelphia

for the winter.

Valley Forge.--In marked contrast to the comfort of the British camp was

the condition of the American army. Washington had chosen Valley Forge

for his winter quarters and there a fortified camp was constructed and

rude cabins erected to house the men. The camp soon became a charnel

house, for Congress failed to supply the necessary food and clothing,

and sickness inevitably resulted. For days the men were without meat and

existed on dough baked in the embers. "Fire-cake" and water became the

ration for breakfast, dinner, and supper. Blankets were lacking and the

men were soon barefooted and in tatters. On Christmas day the winter

broke with great severity and soon the hospitals, which were mere hovels

unsupplied with beds, were crowded with the dying.

The Conway Cabal.--The anguish of Washington was intensified by an

intrigue which threatened to deprive him of his command. This centered

about Gates and an Irish soldier of fortune named Conway who had been

sent over from France by Silas Deane. In November, 1777, Congress had

vested the management of military affairs in a Board of War. Gates was

made president of the board and Conway was appointed inspector general

of the army. They were supported by the New England delegates in

Congress and by those who opposed the Fabian policy of Washington.

Fortunately the intrigues of Conway and Gates to displace Washington

became known to the public and so great was the popularity of the

commander-in-chief that Congress dared not remove him.

READINGS

Charming, Edward, _History of the United States_, III, 210-273; Fisher,

S. G., _The Struggle for American Independence_, I, 490-574, II, 1-174;

Fiske, John, _The American Revolution_, I, 198-344, II, 25-81, 110-115;

Greene, F. V., _The Revolutionary War_, 28-131; Hildreth, Richard,

_History of the United States of America_, III, 140-162, 186-237; Lecky,

W.E.H., _History of England in the Eighteenth Century_, IV, 1-41, 55-98;

Smith, J.H., _Our Struggle for the Fourteenth Colony_, I, 193-606, II;

Trevelyan, G.O., _The American Revolution_, II, 172-349, III, 1-147, IV,

111-319; Van Tyne, C.H., _The American Revolution_, 102-135, 157-174,

227-247; Winsor, Justin, _Narrative and Critical History_, VI, 275-447;

Adams, C.F., _Studies Military and Diplomatic_, 1775-1865, pp. 22-173.

CHAPTER XXVI

THE WAR AS AN INTERNATIONAL CONTEST

THE FRENCH ALLIANCE

The French motives.--On February 6, 1778, France entered into an

alliance with the United States. That event changed the war from a

struggle between England and her former colonies to an international

contest in which Spain and Holland were soon engaged. The motives of

France in entering the contest have been variously ascribed to revenge

for the loss of her possessions and the desire to regain them, to the

intellectual movement in France, to the desire to build up French

commerce at the expense of England, and to the fear that Great Britain

would adjust the difficulties with the colonies and unite with them in

an attack upon the French West Indies. Professor Corwin, who has

recently examined the question, concludes that these explanations are

not adequate. He contends that the basic principle of French diplomacy

was the maintenance of leadership in Europe, and that in return for this

commanding position, France was willing to forego the extension of her

dominion. In the Seven Years' War French prestige had been destroyed; to

rebuild it was the object of her statesmen.

The policy of Vergennes.--In 1774 Louis XVI became king. No better

intentioned ruler ever mounted a throne but his weak will and

vacillating course led to his undoing. For two years Turgot was the

reigning influence at the council board. He installed a system of

economy and reform, which, had it been adhered to, would probably have

saved France from the throes of her great revolution. Turgot's plans ran

counter to the policy of Vergennes, the foreign minister, who desired to

see his country take its place in the sun as the dictator of European

politics. The attainment of Vergennes's policy was based upon three main

ideas: the preservation of peace on the continent by a close alliance

with Austria; a renewal of the Family Compact with Spain; and the

humbling of England. The last was to be accomplished by the building up

of the French navy, by secretly aiding the colonies, and when the time

seemed auspicious, by entering into an alliance with them, an alliance

in which Vergennes hoped that Spain would join. To win over the latter

power and to overcome the aversion of Louis XVI to aiding rebellious

subjects were the immediate problems of Vergennes.

Vergennes wins over the king.--A secret agent, Bonvouloir, was sent to

America to ascertain the condition of the colonies. His first report,

which reached Paris in March, 1776, gave a favorable statement of the

military situation. Vergennes immediately attempted to convince the king

that secret aid should be given the colonies. He argued that the

prolongation of the struggle would be advantageous to France and Spain

as it would weaken both contestants, and he pointed out that England

would probably attack the French West Indies as soon as the present war

was over. Aided by Beaumarchais, the author of _Le Mariage de Figaro_,

Vergennes countered the advice of Turgot and won over the king to his

plan.

Deane and Beaumarchais.--The secret committee on foreign correspondence

of the Continental Congress in March, 1776, sent Silas Deane to Paris.

His presence became known to Lord Stormont, the British ambassador, who

demanded his deportation, but France refused and continually aided him

in securing supplies. The French government also loaned the colonies a

million livres and obtained a similar amount for them from Spain. When

news of the Declaration of Independence reached Paris, Vergennes urged

that France and Spain enter the war, but Washington's defeats around New

York held back both countries. France continued to aid the colonies, the

business being transacted by Beaumarchais through the fictitious house

of Hortalez et Cie. Beaumarchais also drew heavily upon his private

fortune to assist the colonies.

Franklin.--The delay of France in making an open alliance caused

Congress to appoint a commission composed of Silas Deane, Arthur Lee,

and Benjamin Franklin Of all colonials Franklin was the best known in

Europe. As a scientist, philosopher, wit, and statesman, his name was

familiar to all classes in the French capital. His unpretentious dress,

unaffected manners, and simplicity of life made him seem to Parisians

the impersonation of the natural man of Rousseau's philosophy. On the

street, at the theater, in the salon, Franklin was the center of

interest. Artists made busts of him and jewelers exhibited his

countenance on medallions, watches, and snuff-boxes. Franklin soon

discovered that he could not hurry matters; he quietly bided his time,

never losing an opportunity to win supporters to the American cause.

Even the court became enthusiastic, and Marie Antoinette, with little

understanding or prophetic vision, applauded the republicans of America.

The American proposals.--In January, 1777, the commissioners presented

their views to Vergennes. They proposed that France and Spain furnish

the United States eight ships of the line, twenty or thirty thousand

stand of arms, and a large quantity of cannon and ammunition. Congress

in return offered the two nations a commercial treaty and a guarantee of

their possessions in the West Indies. Vergennes was unable to comply but

he advanced two hundred and fifty thousand livres as the first

instalment of a secret loan of two millions. In February the

commissioners suggested that, if France and Spain became involved in war

because of a treaty with the United States, the states would not

conclude a separate peace. In March they proposed a triple alliance

between France, Spain, and the United States. The bait for Spain was the

conquest of Portugal, and the war was to continue until England was

expelled from North America and the West Indies.

The attitude of Spain.--The American proposals included both France and

Spain, and in the latter country the commissioners met with a stumbling

block. Spain at first showed a friendly attitude. Through the firm of

Josef Gardoqui and Sons supplies were secretly furnished to the United

States, but when Arthur Lee attempted to go to Madrid, he was turned

back by the Spanish authorities, who preferred to work in secret. In

February, 1777, the Count de Florida Blanca became minister of foreign

affairs. To Florida Blanca Spain's interests must take precedence over

those of France in determining Spanish policy. Difficulties with

Portugal had been adjusted, and Florida Blanca could see no advantage in

an immediate war with Great Britain. He was willing to keep the contest

in America going until both parties were exhausted. Then Spain and

France might enter the war, Spain to get the Floridas and France to

obtain Canada. But as to the recognition of American independence, king

and minister were unalterably opposed.

Lafayette.--Of no little importance in bringing France and the United

States together was the coming of the young nobleman Lafayette to

America. Fired by the Declaration of Independence, he determined to

enlist in the American cause. In April, 1777, Lafayette with the Baron

de Kalb and several other officers sailed for America. They reached

Philadelphia on July 27 but Congress gave them a chilly reception.

Nothing daunted, Lafayette proudly announced that he asked nothing but

the opportunity of serving as a volunteer. Congress was deeply impressed

by his unselfish attitude and promptly made him a Major-General.

Washington received him gladly, took him into his military family and

through the long war, with the exception of a period when he was

promoting American interests in France, he served as a trusted officer

of the commander-in-chief.

The French alliance.--During the summer of 1777 the American question

was held in abeyance at Paris but Burgoyne's surrender stirred Vergennes

to action. He appears to have feared that Great Britain was about to

effect a reconciliation with the United States. To prevent it he

believed that France must openly espouse the American cause. One more

effort was made to draw Spain into the alliance, but the reply proved

unfavorable. On January 7, 1778, at a French royal council meeting the

final decision was made and on February 6 treaties of commerce and

alliance were signed. The latter agreement was described as a defensive

alliance to maintain effectually the liberty, sovereignty, and

independence of the United States, as well in matters of government as

in commerce.

Lord North attempts conciliation.--When news of Burgoyne's surrender

reached London, hope of subduing the rebellion by force was temporarily

abandoned and Lord North was empowered to try his hand at conciliation.

On February 17, 1778, the Prime Minister presented his plan to the

Commons. He proposed (1) the repeal of the tea duty, (2) the passage of

an act removing apprehension regarding parliamentary taxation of the

colonies, (3) opening the port of Boston, (4) restoration of the

Massachusetts charter, (5) opening the fisheries, (6) restoration of

commerce, and (7) full pardon to those engaged in rebellion. (8)

Prisoners charged with treason were not to be brought over the sea for

trial, and (9) no bill for changing a colonial constitution was to be

introduced in parliament except at the request of the colony involved.

(10) Regulation of colonial courts was to follow colonial opinion, and

(11) officials were to be elected by popular vote subject, however, to

the approval of the king. (12) The royal treasury was to assist in the

withdrawal of colonial currency, and (13) a promise was given that the

question of colonial representation in parliament would be considered.

The Carlisle Commission.--A royal commission was to visit America to

settle points in dispute. Headed by the Earl of Carlisle, the commission

proceeded to Philadelphia but it was soon discovered that nothing could

be accomplished. General Howe had been recalled and Clinton, who was

placed in command, was under orders to evacuate Philadelphia. The

alliance with France was already known in America and nothing short of a

recognition of independence would satisfy the Whig leaders.

Change in British plans.--The French alliance brought about a complete

change in British plans. Henceforth garrisons were to be kept in New

York, Newport, Canada, and the Floridas, and hostilities on the mainland

were to be devoted to the destruction of coastwise trade and coast

towns, and to the harassing of the frontiers by Indian raids. Attacks in

force were to be made on the French possessions in the West Indies.

Evacuation of Philadelphia and the battle of Monmouth.--In pursuance of

this plan in May, '78, the British prepared to evacuate Philadelphia.

General Howe returned to England and Clinton took command. Most of the

stores, some of the troops, and about three thousand Loyalists were

placed on transports, and the main army on June 18 started on its march

across New Jersey. Washington succeeded in getting in touch with the

British army ten days later at Monmouth. Clinton's forces were stretched

out to such an extent that it was difficult to bring them into action.

Washington sent Lee to attack, but after a slight demonstration, the

poltroon ordered a retreat. Lee's cowardice gave the British time to

form and a bloody battle followed which ended only with nightfall. In

the darkness the British army broke camp and when morning dawned it was

beyond the reach of Washington.

The coming of D'Estaing.--On April 15 Admiral D'Estaing sailed from

Toulon in command of twelve ships of the line and five frigates which

carried four thousand infantry. The voyage was pursued in a leisurely

fashion which gave Lord Howe time to get his transports out of the

Delaware and concentrate the fleet at New York. It also made it possible

for a reinforcement under Commodore Byron to arrive in American waters.

Not until July 8 was D'Estaing's fleet within the Delaware capes. After

landing Gerard, the French minister, the admiral proceeded to New York.

Though the French fleet was superior to the British, D'Estaing failed to

attack.

The failure at Newport.--Instead he entered into a plan with Washington

to take Newport which was garrisoned by five or six thousand British

troops. Sullivan, with about a thousand continental soldiers and several

thousand militia, was to cooeperate with the French fleet. The opening

was auspicious. The war vessels ran by the batteries and anchored in the

inner waters. The British commander to prevent capture destroyed several

frigates and small craft. On August 9 Sullivan moved nine thousand

troops to the island. The same day Howe's fleet appeared at the entrance

of Narragansett Bay and D'Estaing, carrying his infantry with him,

sailed out to meet the enemy. Before the fleets could engage a terrific

storm arose which scattered the vessels. Howe finally regained New York

and D'Estaing sailed to Boston for repairs, leaving Sullivan unsupported

and in a precarious position. When word came that Clinton was sending

large reinforcements, Sullivan abandoned the siege.

D'Estaing in the West Indies.--D'Estaing lingered at Boston ten weeks

and then sailed for the West Indies. Before his arrival a French force

from Martinique had captured Dominica. The English retaliated by

capturing St. Lucia, and when D'Estaing attempted to relieve it, he was

replused. On June 18, 1779, the French occupied St. Vincent and on July

2 Grenada. On July 6 Byron attacked the French fleet off Grenada, but

D'Estaing had the better of the fighting although he failed to follow

up his victory. After attempting the relief of Savannah, the French

commander despatched part of his fleet to the West Indies and then

sailed for Europe.

Stony Point and the evacuation of Newport.--After the Newport failure

Washington drew a cordon about New York and strengthened the line of the

Hudson. On May 31, 1779, Clinton seized the fortifications at Stony

Point and Verplanck's Point, but on July 16 General Wayne carried the

works at Stony Point. Clinton also sent raiding parties to the

Chesapeake and along the Connecticut coast, but in October he ordered

the evacuation of Newport and concentrated his forces at New York.

The second French expedition.--Washington still hoped for effective help

from the French fleet in the West Indies, but his hopes were blasted

early in 1780 by the arrival in the islands of British naval

reinforcements under Admiral Rodney, who during April and May fought

three indecisive actions with the French fleet. Largely through the

influence of Lafayette France was induced to send a large force to

America in 1780. In July a fleet of seven vessels convoying six thousand

men commanded by Rochambeau arrived at Newport. The second division,

however, was blockaded at Brest and was unable to sail. Washington's

hopes mounted high but they were soon dashed again, for Clinton, who had

just returned to New York after the capture of Charleston, was able to

send a considerable armament to blockade the French at Newport, and

there they remained for months to come.

Arnold's treason.--During the long contest Washington had often been

disappointed by the incompetence of his subordinates, but Nathanael

Greene and Benedict Arnold had seldom been found wanting. The former was

soon to win fame as the conqueror of the South; the other chose a path

which made his name despised. Arnold had not been justly treated by

Congress, although he had the absolute confidence of Washington.

Brooding over his wrongs and convinced that the country would welcome

the reestablishment of the king's authority, he determined to play the

part of a General Monk. While in command of Philadelphia, he entered

into a treasonable correspondence with Clinton. He then asked for the

command of the great fortress at West Point. This was readily given to

him and there he perfected his plans to deliver this key position of the

Hudson to the British. Clinton sent Major Andre to communicate with

Arnold, but upon his return on September 23, 1780, Andre was captured

and on his person were found papers which disclosed the plot. Andre was

condemned and hung as a spy, but Arnold made good his escape to the

British lines.

THE WAR IN THE WEST

Competition for the support of the Indians.--The westward movement

across the mountains was almost simultaneous with the outbreak of the

Revolution, and the western settlements were soon drawn into the

current. The frontiersmen held back the Indian allies of the British,

and by settlement and conquest secured large areas of the back country.

At the opening of the war both British and Americans made great efforts

to secure the support of the Indians, but in the main the tribes favored

the British who did not encroach upon their lands and whose posts on the

frontiers were centers for the distribution of presents and for the work

of the traders. During the war British agents were kept at work among

the tribes, distributing presents and weapons, and often leading the

Indian raids.

The Cherokee War.--In the summer of 1776 the Cherokee went on the

warpath. From their villages in the southern Alleghanies they were in a

position to raid the frontier settlements of Georgia, the Carolinas,

Virginia, and Tennessee. The Cherokee towns were in three groups. The

upper towns inhabited by the Overhill Cherokee were along the mountain

streams that ran into the Tennessee. The lower towns were in the

foothills of the back country of Georgia and South Carolina. In the

mountainous region between were the middle towns. During June and July

Cherokee war parties, at times assisted by Creeks and Tories, fell upon

the Georgia and Carolina frontiers and upon the Watauga settlements. The

Georgia invaders were met by Colonel Samuel Jack at the head of two

hundred rangers who drove them back and destroyed one or two of the

lower towns. In North Carolina the Indians came down the Catawba and

drove the settlers into the blockhouses. General Griffith Rutherford

raised the frontier levies and chased the Indians back to their

villages. In South Carolina the Cherokees from the lower and middle

towns, aided by Tories and led by the British agent, Cameron, descended

upon the settlements. Colonel Andrew Williamson collected eleven hundred

militia, defeated the invaders, and by the middle of August destroyed

the lower towns. In July seven hundred Overhill Cherokee raided the

Watauga settlements. One party under Chief Dragging Canoe attacked the

settlers about Eaton's Station, but the frontiersmen sallied forth and

defeated the Indians at Island Flats. For three weeks Fort Watauga was

invested by another band, but so stubborn was the defence conducted by

Robertson and Sevier that the Indians abandoned the siege. The

Carolinians and Virginians determined to carry the war into the enemy's

country. In September Rutherford and Williamson completely destroyed the

valley towns of the Cherokee; and in October Colonel William Christian

led the Virginia troops into the Overhill country, destroyed the

principal village, and brought the warriors to terms.

Indian raids in the Northwest, 1776-1778.--In the Northwest the memory

of the Battle of the Kanawha kept the Indians quiet for a time while the

diplomats struggled for mastery. Colonel George Morgan was made

congressional agent at Fort Pitt, while Hamilton at Detroit was the most

active British agent on that frontier. In the fall of 1776 Hamilton sent

raiding parties along the border. During 1777 the frontiers of

Pennsylvania, Virginia, and Kentucky were kept in a state of terror.

Colonel Morgan urged an expedition against Detroit, and when his advice

was rejected, he resigned. Governor Patrick Henry sent Virginia militia

to relieve Kentucky and Congress sent General Hand to defend the upper

Ohio. Hand and his successor, McIntosh, had little success, for the

raids continued and by the end of 1778 Kentucky was nearly depopulated.

Willing's raids.--In 1777 James Willing, a former resident of Natchez,

obtained permission from Congress to make an expedition down the

Mississippi to secure the neutrality of the Tories in the Southwest.

Descending the Ohio from Pittsburg, his expedition became a raid on the

Loyalist plantations along the Mississippi. Far from having the desired

effect, the raid drove the inhabitants into active resistance. In May

Willing led a second expedition down the Mississippi but he failed to

win over the inhabitants. The Chickasaw and Choctaw went over to the

British side. The Southwest had thus definitely taken its stand against

the United States.

Clark conquers the Northwest.--To Virginia fell the task of conquering

the Northwest. The chief actor in the enterprise was George Rogers

Clark, who, though only twenty-six, had already played a prominent part

in Kentucky. With one hundred and seventy-five frontiersmen, mainly

Virginians, in June, 1778, Clark descended the Ohio to Fort Massac,

crossed Illinois, and in July took Kaskaskia, Prairie du Rocher, St.

Philippe, and Cahokia, and French sympathizers secured the submission of

Vincennes. Hamilton at once organized a force at Detroit to retake the

lost posts. In December he occupied Vincennes without difficulty, but

was unable to proceed farther. In February, 1779, after a difficult

march over flooded prairies, Clark captured Hamilton and his force. In

December, 1778 the Virginia legislature erected the territory north of

the Ohio into the county of Illinois, John Todd being made civil and

Clark military head. Clark planned the capture of Detroit, but was

unable to get the necessary aid. Instead, in 1780 he founded Fort

Jefferson on the Mississippi near the mouth of the Ohio and it soon

became the center of a settled area.

Depredations of the Iroquois and Tories.--On the New York frontier

Burgoyne's invasion had aroused the Iroquois and even after his defeat

the Six Nations, except the Tuscaroras, Oneidas, and part of the

Mohawks, adhered to the British. Many Tory refugees settled among the

Indians and incited them to go on the warpath. In July, 1778, a force of

Tories and Iroquois, mainly Senecas, descended into the Wyoming Valley

and laid it waste, killing and capturing many of the inhabitants.

Continental troops presently reoccupied the valley and in October the

Indian town of Unadilla. The Indians and Tories retaliated by a descent

on Cherry Valley. The depredations continued in 1779. Troops sent out

from Ft. Stanwix destroyed the Onondaga villages. The Indians then

assailed the Schoharie Valley and the western settlements in Ulster

County, and spread destruction about Pittsburg.

Expeditions sent into the Iroquois country.--So extensive were the

depredations that Congress decided to send an overwhelming force into

the Iroquois country. Three brigades from Washington's army were

assembled at Wyoming under Sullivan. While he was waiting for a New York

brigade to join him, Chief Brant and his warriors burned Minisink and

ambushed the militia who went in pursuit. Sullivan at the head of five

thousand men passed up the Chemung branch of the Susquehanna, defeated a

strong force of Indians and Tories on the site of modern Elmira, and

then burned eighteen Indian villages and destroyed the crops. Sullivan,

however, failed to attack Niagara which was a British stronghold.

Another expedition from Pittsburg ascended the Alleghany and destroyed

the Indian villages along the river. These operations scattered the

Indians and Tories but did not destroy them, and frequent depredations

occurred on the New York and Pennsylvania frontiers during the remainder

of the war.

SPAIN IN THE WAR[1]

Spain enters the war.--When Spain became a factor in the war in 1779, a

new element entered the contest in the West. During 1778 Vergennes did

not relax his efforts to induce Spain to become a belligerent. But

Carlos III and Florida Blanca had no intention of risking a war with

Great Britain unless they were well paid for their assistance. Not until

they were certain that France would assist in the recovery of Gibraltar

and the Floridas did they consent to make war. On another point the king

was insistent; he refused to recognize the independence of the United

States. The secret convention of Aranjuez between France and Spain was

signed on April 12, 1779, and in June Spain definitely entered the war.

Galvez on the lower Mississippi.--Orders were given at once to seize the

British posts on the Mississippi. With a hastily built fleet, Bernardo

de Galvez, the Governor of Louisiana, ascended the Mississippi at the

head of fifteen hundred men. On September 7 he took Fort Bute at

Manchac, and then proceeded to Baton Rouge which he captured, the

capitulation including Fort Panmure at Natchez. Meanwhile Grandpre had

taken two small British outposts and a fleet had captured eight British

vessels on Lake Pontchartrain.

[1] See map on page 400.

British attack on St. Louis.--As soon as war was declared, the British

planned to capture New Orleans. An expedition from the north was to

descend the Mississippi, attack St. Louis, reconquer the Illinois

country, and meet General Campbell at Natchez with a force from

Pensacola. The campaign against St. Louis was directed by Sinclair,

commander at Mackinac. Emmanuel Hesse, a trader, was sent to assemble a

force of Indians at the Fox-Wisconsin portage. In March, 1780, seven

hundred and fifty men left Mackinac and joined Hesse at Prairie du

Chien. To cooeperate Charles Langlade was sent with Indians via Chicago,

while Captain Bird, despatched from Detroit, was to raid Kentucky. None

of the plans succeeded. Leyba, the commander at St. Louis, was

forewarned and was aided by George Rogers Clark. On May 26 the British

attacked St. Louis but were repulsed and forced to withdraw. Bird's

expedition also miscarried, and Campbell's movement was frustrated by

Galvez.

The Spanish expedition against St. Joseph.--Sinclair at once planned a

second expedition for the spring of 1781. Learning of the project,

Cruzat, the new commander at St. Louis, prepared a counter stroke. He

despatched parties up the Mississippi and to Peoria, and sent sixty-five

men under Puree to destroy the stores at St. Joseph. On February 12 the

post was taken in a surprise attack and the stores destroyed.

Capture of Mobile and Pensacola.--Meanwhile more important events had

been taking place on the Gulf of Mexico. In February, 1780, Galvez

sailed from New Orleans with two thousand men to capture Fort Charlotte

at Mobile, and on March 14 the place capitulated. Going to Cuba for

reinforcements, after losing one fleet in a hurricane, in February,

1781, he sailed with fourteen hundred men to attack Pensacola. After a

siege of nearly two months, General Campbell with more than eight

hundred men surrendered. A simultaneous French and Spanish attack on

Jamaica was next planned, and Galvez sailed for Santo Domingo to command

the Spanish forces, but the campaign was made unnecessary by the ending

of the war. Spain had played an important part. She had defeated the

British attempt to gain control of the Mississippi, had enabled Clark

to maintain his hold on the Northwest, and had recovered Mobile and

Pensacola.

THE WAR ON THE SEA AND THE DUTCH ALLIANCE

Washington's fleets.--From the beginning of the war American vessels

were an important factor. They captured supply ships and transports,

harassed commerce, captured many small war vessels, and protected

trading vessels. At the opening of hostilities Washington turned to New

England to supply him with vessels, and during the siege of Boston he

sent out ten armed craft which made several important captures of arms

and supplies. When operations were transferred to New York, he also

engaged several vessels which rendered good service.

Congress provides a navy.--Largely through the influence of the Rhode

Island delegates, Congress was convinced that a navy should be provided,

and by January, 1776, ten vessels had been purchased and the building of

thirteen others authorized. Before the end of the war over forty vessels

were added to the high seas fleet in addition to minor craft on Lake

Champlain.

First cruise of the fleet.--In February, 1776, Esek Hopkins, who had

been appointed commander-in-chief of the navy, put to sea with a fleet

of eight vessels. He cruised to the West Indies, captured New

Providence, and sailed away with eighty-eight cannon, fifteen mortars,

and a large quantity of stores. The fleet sailed to Long Island and off

the eastern end it captured two small vessels, but on April 6 it allowed

the _Glasgow_ to escape.

Nature of the operations during 1776-1777.--By the end of 1776 the navy

had been increased to twenty-five vessels. During the year it was

constantly engaged in commerce destroying, and in capturing transports

and small war craft. The operations were confined mainly to American and

West Indian waters, although before the end of the year the _Reprisal_,

which carried Franklin to France, had captured several vessels in

European waters. During 1777 the congressional vessels, privateers, and

state cruisers captured four hundred and sixty-seven vessels, many being

taken near the British Isles. The depredations caused great alarm in

England and the West Indies; merchants were often deterred from

shipping goods, insurance rates and prices rose, and the demands for

escorts became insistent.

Privateers.--The swift sailing craft of the Yankee skippers made ideal

blockade runners and commerce destroyers, and hundreds of them put to

sea. During the war Massachusetts commissioned nine hundred and

ninety-eight. While the greater number of these vessels put out from New

England, other states gave many commissions, Maryland alone

commissioning two hundred and fifty. It is estimated that during the war

the privateers captured or destroyed six hundred vessels with cargoes

valued at $18,000,000, besides making several important captures of

troops and supplies.

State navies.--With the exception of New Jersey and Delaware, the states

had navies, the largest being those of Massachusetts, Connecticut,

Pennsylvania, Maryland, Virginia, and South Carolina. At times these

operated independently, sometimes in conjunction with privateers, and at

other times as adjuncts of the regular navy. They were used chiefly to

protect the trade in home waters and for coast defence.

The Penobscot expedition.--The most pretentious operation undertaken by

a state navy was the attempt to capture Penobscot in 1779. The British

had established a naval base near the mouth of the Penobscot River and

Massachusetts determined to break it up. Fifteen hundred men were loaded

on privateers and transports, and were convoyed by the _Warren_, the

_Diligent_, and the _Providence_. The expedition arrived off the

Penobscot late in July, but before it could take the fort, a larger

British fleet appeared (August 13). The privateers and transports

scattered, but the three war vessels were forced to run up the river

where their crews destroyed them.

The navy during 1778-1779.--During 1778 the British navy succeeded in

greatly decreasing the depredations of American vessels. By the close of

the year the national navy was reduced to fourteen. But in 1779 the

fleet was somewhat rehabilitated by the securing of several French

vessels.

The Bonhomme Richard and the Serapis.--In 1779 the most famous sea-fight

of the Revolution occurred. John Paul Jones was given command of an old

French East Indiaman which was refitted with forty-two guns and renamed

the _Bonhomme Richard_. In August the French frigate _Alliance_ and

three small vessels accompanied the _Bonhomme Richard_ on a cruise along

the west coast of Ireland, northern Scotland, and the eastern coast of

England, several prizes being taken. On September 23 off Flamborough

Head Jones sighted a large merchant fleet convoyed by the forty-four gun

frigate Serapis and the smaller _Countess of Scarborough_. The _Bonhomme

Richard_ engaged the _Serapis_ in one of the most thrilling of naval

battles. For three and a half hours the frigates fought at close range,

much of the time being lashed together. Although Jones's vessel was in a

sinking condition, he refused to surrender. When the English captain had

lost more than a third of his crew, he pulled down his flag. The

_Pallas_ captured the _Countess of Scarborough_. Jones placed his crew

on board the _Serapis_, and the squadron soon after arrived at the Dutch

port of Texel.

Decline of the navy.--When Charleston surrendered in 1780, four ships

fell into British hands and only six vessels were left in the American

navy. At the same time parliament voted to increase the naval service.

The American coast was closely blockaded, and though cruisers

occasionally got through, the navy ceased to be an important factor in

the war.

The league of armed neutrals.--As the war progressed England's exercise

of the right of search on the high seas provoked the neutral powers. At

that time international law recognized a belligerent's right to seize

enemy's goods, but not the vessel in which they were being carried.

England acted within the law, but her seizures worked great hardship

upon neutrals. Largely through the influence of Frederick the Great, who

had not forgiven England for abandoning him in the Seven Years' War,

Catherine II of Russia was induced to champion the cause of the neutral

states. On February 26, 1780, she addressed a message to the neutral

courts which asserted, (1) that neutral vessels should be allowed to

navigate freely even upon the coasts of powers at war; (2) that, with

the exception of contraband, goods belonging to the subjects of

belligerents should be free in neutral ships; (3) that naval stores and

provisions of neutrals should not be considered contraband; (4) that a

port must be effectively guarded to constitute a blockade; and (5) that

the above principles should be considered as rules in determining the

legality of prizes. Denmark and Sweden promptly entered into an

agreement with Russia mutually to protect their commerce, by force if

necessary, the arrangement being known as the League of Armed

Neutrality. The principles proclaimed by the Czarina were approved by

France and Spain. The Netherlands joined the league in November, 1780;

Prussia came in in May, 1781, and the Empire in October. Even Portugal,

the ancient ally of England, and Turkey became parties to the league.

Attitude of the Netherlands.--At the opening of the American Revolution

there were two parties in The Netherlands; the English party headed by

the stadtholder, William V, and the Anti-Orange party which had strong

French leanings. The strength of the Anti-Orange party lay chiefly in

Holland and in the large cities, especially in Amsterdam where the great

merchants were powerful. The Dutch people watched the contest between

the United States and Great Britain with a filial interest, looking upon

it as a counterpart of their own struggle for independence, but policy

forced the government to remain neutral.

St Eustatius.--The Dutch merchants saw an opportunity for immense

profits in supplying the United States with war materials. The Dutch

island of St. Eustatius in the West Indies became the center for a vast

trade in contraband goods. The island became a veritable storehouse for

the goods of all nations and here the American skippers brought tobacco

and indigo, or gave promissory notes or continental currency in exchange

for munitions of war. Great Britain complained of the trade and

succeeded in getting the States General to prohibit the export of arms

and munitions except by special permission from the Dutch admiralty, but

nevertheless the traffic went merrily on. When British war vessels began

to patrol the waters about the island and search vessels for contraband,

it aroused the ire of the Dutch merchants.

The Scotch brigade and the Jones incident.--Two incidents added greatly

to the ill-feeling which was growing rapidly between the two countries.

The British government asked for the loan of the Scotch brigade, a body

of troops which had been in Dutch service for many years. The government

gave a suave answer. It was willing to loan the soldiers, but not for

service outside of Europe. As George III wanted the troops for American

service, the answer was practically a refusal. Another incident which

increased the irritation was the sojourn of John Paul Jones at Texel.

For over two months he remained on Dutch soil, while the government

quibbled over its rights to order his departure.

British seizures.--During 1778 British seizures of Dutch vessels

increased and the demands of the merchants for convoys became more and

more insistent. France took advantage of the situation to bring The

Netherlands to her side. Special commercial privileges in France had

been granted to several of the Dutch cities. France now decided to force

the Dutch government to take a more decided stand toward England by

cutting off the special privileges to all the Dutch cities except

Amsterdam. This led to a demand for an immediate adjustment with France

and for convoys to protect Dutch vessels against British seizures. A

climax was reached on December 31, 1779, when an encounter occurred

between the convoys of a Dutch fleet and British war vessels. The result

was soon evident, for The Netherlands began to build a large fleet.

The secret agreement.--The United States maintained secret agents in The

Netherlands throughout the war. For several years they made unsuccessful

attempts to obtain a loan, but the authorities of Amsterdam finally

communicated to C.W.F. Dumas, the United States representative, that

they desired to conclude a treaty provided Congress would not enter into

engagements with Great Britain which might prove harmful to Dutch

interests. Jean de Neufville, a prominent Amsterdam merchant, at the

suggestion of Van Berckel, the pensionary of Amsterdam, visited

Aix-la-Chapelle in 1778, where he met William Lee, an American

representative to Germany and Austria; together they formulated the

draft of a treaty which, however, was not to be considered until after

the recognition of American independence by Great Britain. The agreement

had no legal force, for Amsterdam could not enter into a treaty without

the consent of the other provinces.

The declaration of war.--In 1780 Henry Laurens sailed for The Hague for

the purpose of negotiating a loan and making a treaty with The

Netherlands. On September 3 he was captured off Newfoundland. Among his

papers was a copy of the secret compact drawn by Neufville and Lee. The

British government demanded from the States General a disavowal of the

action of Amsterdam and the punishment of Van Berckel. The States

General finally disavowed the act but declared its incompetence to

punish Van Berckel. On November 20, in the midst of the controversy, the

States General decided to join the league of armed neutrals. When this

became known at London, the British minister was ordered home, and on

December 20 George III issued a manifesto which was a virtual

declaration of war.

READINGS

THE FRENCH AND SPANISH ALLIANCES

Corwin, E.S., _French Policy and the American Alliance of 1778_, pp.

1-216; Hale, E.E., _Franklin in France_; Lecky, W.E.H., _History of

England in the Eighteenth Century_, IV, 42-54, 99-129, 166-185; Perkins,

J.B., _France in the American Revolution_; Phillips, P.C., _The West in

the Diplomacy of the American Revolution_; Trescot, W.H., _Diplomacy of

the American Revolution_; Trevelyan, G.O., _The American Revolution_,

Part II, 387-476; Van Tyne, C.H., _The American Revolution_, 203-226;

Wharton, F., _The Revolutionary Diplomatic Correspondence of the United

States_, I.

THE WEST IN THE REVOLUTION

Alvord, C.W., "Virginia and the West," in _Mississippi Valley Historical

Review_, III, 19-38; Alvord, C.W., ed., _Kaskaskia Records, 1778-1700_,

Introduction; Gayarre, C, _History of Louisiana, the Spanish

Domination_, ch. 3; Hamilton, P.J., _Colonial Mobile_, ch. 31; Hamilton,

P.J., _The Colonization of the South_, ch. 23; James, J.A.,.ed., _George

Rogers Clark Papers, 1771-1781_, Introduction; Roosevelt, Theodore, _The

Winning of the West_, I, 272-327, II, 1-213; Teggart, F.J., "The Capture

of St. Joseph, Michigan, by the Spaniards in 1781," in _Missouri

Historical Review_, V, 214-228; Thwaites, R.G., and Kellogg, L.P.,

editors, _Frontier Defense on the Upper Ohio, 1778_, Introduction and

maps; _The Revolution on the Upper Ohio, 1775-1777_, Introduction and

maps; Van Tyne, C.H., _The American Revolution_, 269-288; Winsor,

Justin, _The Westward Movement_, 101-187; Esarey, L., _A History of

Indiana_, I, 47-91; McElroy, R.M., _Kentucky in the Nation's History_,

62-113.

THE NAVY, ARMED NEUTRALITY, AND DUTCH INTERVENTION

Clowes, W.L., _The Royal Navy_, L.H., 353-538; Edler, F., _The Dutch

Republic and the American Revolution_ (Johns Hopkins University,

_Studies in History and Political Science_, XXIX, 187-424); Jameson,

J.F., "St. Eustatius in the American Revolution," in _The American

Historical Review_, VIII, 683-708; Maclay, E.S., _A History of American

Privateers_, 43-222; _A History of the United States Navy_, I, 34-151;

Paullin, C.O., _The Navy of the American Revolution_; Trevelyan, G.O.,

_George the Third and Charles Fox_, II, 36-72; Van Loon, H.W., _The Fall

of the Dutch Republic_, 174-287; Van Tyne, C.H., _The American

Revolution_, 309-319.

CHAPTER XXVII

THE CLOSING YEARS OF THE REVOLUTION (1778-1781)

THE WAR IN THE SOUTH

Conquest of Georgia.--When France became the ally of the United States,

British statesmen realized that the conquest of New England and the

middle states was impossible, but they still hoped to conquer the South.

From East Florida the British forces could strike at Georgia, and in

November, 1778, the operations began. Thirty-five hundred men were sent

south from New York, and General Prevost with two thousand soldiers

advanced from Florida. On December 29 British forces captured Savannah

and shortly afterward occupied Augusta. Within six weeks Georgia was

under British control.

Reconquest fails.--General Lincoln, who had been placed in command in

the South, determined to reconquer Georgia. He sent Ashe with fifteen

hundred men to recapture Augusta, but the force was surprised and

defeated. When Lincoln moved against Augusta, Prevost advanced against

Charleston. The manoeuvre succeeded and Lincoln was forced to hasten

back to assist in the defence of the city. Prevost, his purpose

accomplished, slowly retired to Savannah. Numerous letters were sent to

the French admiral asking him to cooeperate against the British. In

September, 1779, D'Estaing sailed for Savannah; Lincoln advanced to

assist him, and the city was besieged. On October 9 an attempt was made

to carry the works by assault, but the allies were repulsed with a loss

of over eight hundred men. Lincoln wished to continue the siege but

D'Estaing refused. Despatching a portion of his fleet to the West

Indies, with the rest he sailed for France, and Lincoln withdrew to

Charleston.

Capture of Charleston.--With Georgia secure, Clinton determined to make

another attempt to capture Charleston. He sailed from New York with over

eight thousand men, and twelve hundred were brought from Savannah. On

February 11, 1780, the troops from New York were landed thirty miles

south of Charleston and they soon advanced to the Ashley River. Lincoln

should have abandoned the city but instead he foolishly determined to

defend it. Gradually Clinton drew his lines about the city. On April 13

Tarleton defeated the American cavalry which had kept the lines of

communication open, and when British reinforcements arrived from New

York the investment was completed. Soon the garrison and inhabitants

were almost starving. On May 6 Tarleton dispersed the mounted militia at

the crossing of the Santee River; on the following day Fort Moultrie

surrendered, and the situation became hopeless. On May 12 Lincoln signed

articles of capitulation; over five thousand men, nearly four hundred

pieces of artillery, and vast quantities of military stores fell into

British hands.

Completion of the conquest of South Carolina.--After the fall of

Charleston, Clinton sent out three expeditions; one northward under

Tarleton against Buford's regiment which was advancing from Virginia,

another toward Augusta, and a third toward Camden. Buford started to

retreat but Tarleton overtook him at the Waxhaws and almost annihilated

his force. The other expeditions met with little resistance and Clinton,

believing that the conquest of South Carolina was complete, sailed for

New York with a portion of the army, leaving Cornwallis in command of

about eight thousand men.

Gathering of a new army.--Several weeks before the fall of Charleston,

Washington had sent DeKalb southward with Maryland and Delaware

regiments and these were reinforced by militia as they advanced. South

of the Virginia line they passed through a barren country, shortage of

supplies and poor roads making their progress very slow. At the Deep

River they encamped and there they were joined by Gates who had been

appointed by Congress to the command of the southern department. Gates

pressed on toward Camden, receiving local reinforcements as he advanced.

Camden.--A British force had collected at Camden and Cornwallis hastened

from Charleston to take command. Gates decided to attempt a surprise

attack on the British force at Camden, thirteen miles away. Cornwallis

contemplated a similar movement against Gates and the two armies left

their encampments about the same hour on the night of August 15. At

daybreak they met, but the militia proved to be no match for the British

soldiers and fled almost without firing a shot. The regulars stood firm

for a time, but when DeKalb fell mortally wounded and Tarleton's cavalry

swept along their flank and rear, the line gave way and the retreat

turned into a rout. Gates fled from the field and such was his haste

that three days later he was at Hillsborough, nearly two hundred miles

away. Shortly afterward Tarleton surprised and dispersed Sumter's band,

and resistance seemed completely broken.

[Illustration: The War in the South (1778-1781) (Based on E.G. Foster,

_Illustrative Historical Chart_).]

Partisan warfare.--British arms had defeated the American armies, but

the people of South Carolina were not conquered. The merciless raids of

Tarleton's cavalry and Ferguson's Loyalists kept the spirit of

resistance alive. Marion, Sumter, and Shelby gathered bands of patriots,

who from swamp and forest pounced down on isolated detachments, captured

the escorts of supply trains, intercepted messengers, and broke up

companies of Loyalists. Between July and December, 1780, twenty-seven

battles or skirmishes were fought on Carolina soil.

King's Mountain.--Next to Tarleton, Major Ferguson was probably the most

hated and most feared of Cornwallis's officers. His camp at Ninety-Six

became a center of Loyalist recruiting, and his band of partisans grew

to a thousand strong. They lived on the country, and the property of no

man was safe. Ferguson boasted that if the frontiersmen from over the

Alleghanies troubled him, he would cross the mountains, lay waste their

valleys, and hang their leaders. On September 20, 1780, the borderers

under the leadership of Colonel William Campbell, Sevier, and Shelby

gathered at Sycamore Shoals on the Watauga River and started across the

mountains. Ferguson heard of their coming and decided to teach the

frontiersmen a lesson. He pitched his camp on the crest of King's

Mountain, a position which would have been impregnable had his opponents

been drilled in the tactics of European battlefields. But the Watauga

men had been schooled in Indian warfare. Three times they charged up the

steep mountain sides. After an hour of hot fighting the resistance began

to weaken, and when Ferguson was killed, his troops threw down their

arms and asked for quarter. The victory of the mountaineers is justly

looked upon as the turning point in the war in the South, for it gave

new fife to the waning cause in the Carolinas.

Greene in command.--The difficult task of reconquering the South was

assigned to General Nathanael Greene. On December 2 he arrived at

Charlotte where Gates handed over to him a poorly disciplined and

half-starved force of about two thousand men. With this insignificant

army and aided by local militia and the partisan bands, Greene was

confronted with the task of reconquering a province which was occupied

by a skillful general whose veteran army outnumbered him four to one.

His plan of campaign was matured with rare judgment. He proposed to use

a mobile force of about two thousand men to keep Cornwallis busy, while

Marion and Sumter harassed the enemy, prevented foraging, and broke up

convoys.

The Cowpens.--Early in January, 1781, the main British army was at

Winnsborough. Hoping to divide it, Greene sent Morgan with about a

thousand men to threaten Augusta and Ninety-Six. The rest of the

American army was stationed at Cheraw, sixty miles east of Winnsborough.

When Cornwallis heard of Morgan's raid, he sent Tarleton in pursuit with

eleven hundred men. Tarleton came in touch with Morgan at The Cowpens.

The battle at first was stoutly contested, but Colonel Washington's

cavalry turned the scale and Tarleton's force was almost annihilated.

Greene's retreat.--Morgan had accomplished his purpose and immediately

started to rejoin the main army. When Greene heard of the victory, he

realized that Cornwallis would retaliate, and a pitched battle with the

larger British army meant disaster. Furthermore reinforcements were on

their way from Virginia and Maryland. Greene's decision was a vital one.

He determined to fall back to make a juncture with Morgan and to draw

Cornwallis away from his base into a hostile and difficult country.

Turning over the command of the main army to Huger with orders to march

northward with all speed, Greene rode nearly a hundred and fifty miles

in a pouring rain and joined Morgan in his bivouac on the Catawba. He

had judged Cornwallis rightly. The British general divested his army of

all unnecessary baggage and pressed forward, but in spite of his

efforts, the American army escaped him. From river to river Greene

retreated while Huger fell back rapidly, the two lines gradually

converging until on February 8 they united at Guilford. From there the

retreat was continued across the Dan into Virginia. The Fabian policy

had succeeded, for Cornwallis had been drawn over two hundred miles from

his base and had gotten in such a position that, even if he won a

battle, a victory would be barren.

Guilford.--Cornwallis was running short of supplies and he could not

with safety continue the pursuit. He decided to fall back to

Hillsborough. Greene, whose army had been considerably reinforced,

decided to follow the retiring British. When Cornwallis learned that the

American army was advancing, he determined to risk a battle. On March

15 the armies met at Guilford. Greene posted his force of about

forty-five hundred men in three lines, while the British army was

stretched out in one long row without supporting reserves, a disposition

made necessary by the fact that it numbered only twenty-two hundred and

fifty men. When the British charged, the Carolina militia-men who

occupied the front fine gave way and fled from the field. The Virginia

militia who held the second line stood their ground more firmly, but

when their right flank was enveloped, they too retreated. The hard

fighting came when the British met the continental troops of the third

line. Twice the British regulars were repulsed, and had Greene followed

up the success, he might have won a victory. But he had no intention of

risking the destruction of his army. When the British advanced for a

final assault, Greene decided to fall back. Covering his retreat with

the first Virginia regiment, he retired from the field. He had lost the

battle, but the result was as valuable as a victory.

Cornwallis retreats to Wilmington.--Cornwallis had lost nearly thirty

per cent, of his fighting force; he was almost without supplies, and his

foragers were being picked off by the Carolina guerrillas. His hospital

service was deplorable. Leaving seventy of his most sorely wounded men

to the tender mercies of General Greene, Cornwallis loaded the rest of

his wounded on carts, and started on the long journey to Wilmington, the

nearest base of supplies.

The reconquest of South Carolina and Georgia.--Greene followed

Cornwallis only as far as the Deep River and then turned to reconquer

South Carolina. In this work he was ably assisted by Marion, Sumter,

Pickens, and Lee, who during April, May, and June captured several of

the outlying British posts, the most important being Augusta, which

evacuated on June 5. On April 25 Greene encountered Lord Rawdon's force

near Camden. The British won the battle, but again they possessed a

barren field, for so heavy were their losses that they retreated to

Charleston. Greene next invested Ninety-Six. When he heard that Rawdon

was marching to its relief, he attempted to carry it by storm. The

assault failed and Greene gave up the siege. Lord Rawdon was unable to

maintain his army away from his base. He accordingly ordered the

evacuation of Ninety-Six and returned to Charleston. Soon afterward he

sailed for England, leaving Stewart in command. The last important

engagement occurred on September 8 at Eutaw Springs. The American army

was again defeated, but Greene as usual gathered the fruits of victory,

for Stewart, who had lost forty per cent of his effectives, moved back

to Charleston. In a campaign of eleven months Greene had lost every

pitched battle, but the interior of the Carolinas and Georgia had been

cleared of the enemy, who retained only Savannah, Charleston, and

Wilmington.

THE YORKTOWN CAMPAIGN

Arnold and Cornwallis in Virginia.--When Benedict Arnold joined the

British, he was rewarded with a brigadier-general's commission and sent

to Virginia to cut off Greene's retreat if Cornwallis succeeded in

driving that astute commander out of the Carolinas. Arnold marched up

the James River and burned Richmond, but when the Virginia militia

gathered in large numbers, he retreated to Portsmouth, where Lafayette,

who had been sent to command in Virginia, held him in check. In the

spring of 1781 Cornwallis transferred his forces to Petersburg, and

Arnold was sent to Connecticut to conduct a campaign of rapine.

Reinforcements were sent from New York and with an army of over seven

thousand men Cornwallis began the conquest of Virginia, but he received

no Loyalist support and he failed to crush the forces of Lafayette.

After several weeks of ineffectual campaigning, he retired to Yorktown

where he established himself behind strong fortifications.

Rodney and De Grasse in the West Indies.--The safety of Cornwallis's

army depended upon the control of the sea. Since the beginning of the

war the British had kept the sea lanes open. Time and again the fleet

had enabled them to win victories or to extricate themselves from

dangerous positions. Washington realized this and the burden of his

letters to Franklin was the necessity of naval superiority. Vergennes

made every effort to equip an overwhelming fleet and in March, 1781, a

great armament under De Grasse sailed for the West Indies. And none too

soon did they arrive, for Rodney was carrying all before him. In January

he had been reinforced by eight ships of the line under Hood and on

February 3 the British fleet captured St. Eustatius. This was followed

by the seizure of St. Martin and Saba. On April 28 De Grasse arrived at

Martinique and on the following day he fought an indecisive action with

Hood. An attempt on St. Lucia failed but soon afterward he captured

Tobago. He then repaired to Martinique where he received despatches from

Washington which determined him to sail for the Chesapeake.

Washington's plans.--When the news reached Washington that De Grasse had

left France, he conferred with Rochambeau. Together they drew up a

despatch to the French admiral in which they gave him his choice of

cooeperating with the land forces against New York or of sailing to the

Chesapeake. When De Grasse received the despatch, he determined to

strike at Cornwallis. On August 14 Washington received his reply and he

immediately formulated a masterly plan of action. He decided to move

Rochambeau's force and a portion of the continental army to Virginia,

leaving General Heath with several New England regiments at West Point.

Letters were written with the express intention that they should be

intercepted by the British. These and the sudden activity of American

engineers in constructing extensive works near Sandy Hook convinced

Clinton that he had better sit tight behind his defences.

De Grasse and Graves.--On August 30 De Grasse arrived in the Chesapeake

and on September 5 a fleet of nineteen British vessels under Admiral

Graves appeared off Cape Henry. The fleets engaged and Graves's fleet

was so badly crippled that it was forced to return to New York.

Unmolested, a fleet of transports from Rhode Island carrying supplies

and siege guns, and convoyed by eight war vessels, sailed into the

Chesapeake. At the crucial moment the British had lost control of the

seas.

The assembling of the army.--On August 20 the allied army began the

passage of the Hudson, but not until they were near Philadelphia were

the officers informed of their destination. At the Head of Elk

Washington learned that De Grasse had arrived and that he had brought

three thousand French infantry from the West Indies. After the allied

army reached Williamsburg, it was reinforced by the troops under

Lafayette, by the West Indian contingent, and by thirty-five hundred

Virginia militia. With an army of sixteen thousand men and the greatest

fleet that had ever assembled in American waters, Washington was in a

position to win an overwhelming victory.

Yorktown.--The siege of Yorktown began on September 28. Earthworks were

thrown up within six hundred yards of the British lines and on October 9

a terrific bombardment began. Five days later two outlying works were

carried by storm and at short range the allied artillery did fearful

execution. On the sixteenth a British counter-attack failed and on the

following day an attempt to escape across the river was frustrated. When

this failed the British commander knew that his fate was sealed. On

October 19 Cornwallis surrendered and seven thousand soldiers became

prisoners of war.

The last struggle in the West Indies.--Yorktown was the last important

event on the mainland, but the fighting continued in the West Indies. On

January 11, 1782, De Grasse captured St. Christopher and on the

twentieth took Nevis. After receiving reinforcements, he planned the

conquest of Jamaica, but the arrival of twelve ships from England so

strengthened the British fleet that the project was not carried out. On

April 12 Rodney defeated De Grasse in a final engagement off Dominica,

an event which profoundly influenced the peace negotiations.

THE TREATY OF PEACE

Western Questions.--The conquests of George Rogers Clark, the entrance

of Spain into the war, and the operations of Galvez turned the attention

of congressional leaders to peace terms. Would Spain be willing to grant

the United States free navigation of the Mississippi? How much territory

in the Southwest would Spain demand? Would France support Spanish

pretensions? Such were the questions which disturbed American statesmen.

To advance the interests of the United States, on October 4, 1779,

Congress appointed John Adams peace commissioner and John Jay

representative at Madrid.

Adams and Vergennes.--Adams arrived at Paris in February, 1780. He

surprised Vergennes by disclosing powers to conclude treaties of peace

and commerce with Great Britain. The protests and arguments of the

French minister finally convinced Adams that he had better wait until he

received new instructions from Congress, but he offended Vergennes by

charging that France was purposely not exerting herself to the utmost.

Vergennes distrusted Adams, for he thought that he represented the New

England viewpoint which, Vergennes had been led to believe, was friendly

to Great Britain. He informed Adams that in the future he would deal

with Franklin.

Congressional instructions of June 15, 1781.--La Luzerne, the French

representative at Philadelphia, made great efforts to have Adams curbed

and to prevent a premature negotiation with Great Britain. In this he

was assisted by the low state of affairs in the fall and winter of 1780.

Congress finally decided to place the negotiations in the hands of a

commission composed of Franklin, Jefferson, Jay, Adams, and Henry

Laurens. Jefferson did not leave the United States and Laurens, who was

captured by the British, did not arrive at Paris in time to take an

important part in the negotiations. The instructions of the

commissioners gave them considerable liberty of action, but they were to

undertake nothing without the knowledge of the French ministers and were

ultimately to be governed by their advice and opinion.

Jay in Spain.--In the meantime Jay had been having a difficult time in

Spain. He was not officially received, and though granted occasional

interviews by Florida Blanca, he was unable to make any progress toward

the formulation of a treaty. When he was called to Paris in the summer

of 1782 to take part in the peace negotiations, he had no illusions

concerning the objects of Spain, objects which he seems to have believed

were seconded by France.

The changed situation in 1782.--The commissioners were in a far stronger

position than their instructions of 1781 implied. Yorktown had proved

that American independence was assured, and Rodney's recent victory had

weakened France at a time when her apparent support of Spain was liable

to become troublesome. The situation in England had also changed. Lord

North had fallen from power and at the head of the new ministry was

Rockingham. Shelburne held the portfolio for the home and colonial

departments and Fox was secretary of state for foreign affairs. This

ministry held together from March until July, 1782, when Rockingham

died. Fox, who had been unable to agree with Shelburne regarding the

handling of American affairs, resigned, and Shelburne became Prime

Minister.

Opening of negotiations with Great Britain.--On July 9, when Adams was

at The Hague and before Jay had arrived, Franklin opened the negotiation

with Oswald, the British agent, by presenting the basis of a treaty by

which Great Britain was asked to acknowledge the independence of the

United States, to settle boundaries and confine Canada within the bounds

which maintained before the passage of the Quebec Act, and to

acknowledge the right of Americans to fish on the Newfoundland banks and

elsewhere.

Jay's suspicions of Vergennes.--The first hitch in the negotiations

occurred when it was found that Oswald was instructed to conclude a

peace or truce with the "colonies or plantations." On August 10 Jay and

Franklin conferred with Vergennes about Oswald's commission. Jay

contended that independence should be acknowledged by Great Britain

before a treaty was negotiated, but Vergennes thought that this was of

little consequence. When the question of conflicting Spanish and

American claims was brought up, Vergennes became reticent, but his

principal secretary, Rayneval, said that he thought the United States

claimed too much. On September 7 Rayneval presented a memorial which

proposed that the lands west of the mountains be divided into three

Indian territories; lands north of the Ohio to be under the protection

of Great Britain; south of the river the territory to be divided so that

Spain would control the southwestern portion and the United States the

northeastern part. On September 9 Jay learned that Rayneval had left

secretly for England. Jay became thoroughly alarmed, for he believed

that if the United States would not yield territory to Spain, Vergennes

was ready to force his views by negotiating with England. Whether or not

Jay was right in his suspicions has been a much argued question. No

matter what the ultimate answer may be, the views of Jay became the

determining factor in the course pursued by the American commissioners.

Without consulting Franklin, Jay prevailed upon Benjamin Vaughan to

visit Shelburne with the object of counteracting Rayneval's supposed

mission and to let Shelburne know that the American commissioners were

not to be bound by French views. A satisfactory commission was

immediately issued to Oswald and negotiations proceeded with

seriousness.

Proposal of October 8, 1782.--In October the American commissioners

submitted proposals to Oswald. This preliminary draught provided that

the independence of the United States be recognized by Great Britain and

that the boundaries were to be as follows: "The said States are bounded

north by a line drawn from the northwest angle of Nova Scotia, along the

highlands which divide those rivers which empty themselves into the

river St. Lawrence, from those which fall into the Atlantic Ocean, to

the northernmost head of Connecticut River; thence down along the middle

of that river to the 45th degree of north latitude, and thence due west

in the latitude 45 degrees north from the equator, to the

northwesternmost side of the river St. Lawrence...; thence straight to

the south end of the Lake Nipissing, and thence straight to the source

of the river Mississippi; west by a line to be drawn along the middle of

the river Mississippi, from its source to where the said line shall

intersect the 31st degree of north latitude; south by a line to be drawn

due east from the termination of the line last mentioned, in the

latitude of 31 degrees north of the equator, to the middle of the river

Apalachicola or Catahouchi; thence along the middle thereof to its

junction with the Flint River; thence straight to the head of St. Mary's

River; thence down along the middle of St. Mary's River to the Atlantic

Ocean, and east by a line to be drawn along the middle of St. John's

River from its source to its mouth in the bay of Fundy...." The subjects

of Great Britain and the United States were to enjoy the use of the

fisheries, common commercial privileges, and the free navigation of the

Mississippi. No provision was made for compensation to Loyalists, or for

the collection by English merchants of debts in America.

Proposals of November 5.--The preliminary proposal was unsatisfactory to

Shelburne. He accordingly sent Henry Strachey, an under official, to

assist Oswald in making other arrangements. About this time Adams also

arrived from The Hague. The negotiations proceeded without serious

complications and in November a second draught was ready. In several

important particulars it differed from the previous document. The Maine

boundary on the east was to be a line drawn through the middle of the

St. Croix River to its source, and thence directly north to the

highlands which divide the rivers of the Atlantic from those which empty

into the St. Lawrence; the line was to follow those highlands to the

northwesternmost head of the Connecticut River, thence down that river

to the forty-fifth parallel, and then straight west until it struck the

Mississippi. British creditors were to "meet with no lawful impediment

to recovering the full value or sterling amount of such _bona fide_

debts as were contracted before the year 1775," but compensation to

Loyalists was studiously omitted. A secret article was added to the

effect, that if at the end of the war Great Britain should be, or should

be put, in possession of West Florida, the boundary separating that

province from the United States should be "a line drawn from the mouth

of the river Yazoo,... due east to the river Apalachicola, and thence

along the middle of that river to its junction with the Flint River,

etc."

British proposal of November 25.--The failure to provide for the

Loyalists caused the English government to submit other propositions

which differed in two important particulars from the previous proposals.

The northern boundary was changed west of the point where the

Connecticut River crossed the forty-fifth parallel. From that point it

was to follow the present international boundary to the Lake of the

Woods, and from the northwestern point of that lake was to run due west

to the Mississippi. The southern boundary was to leave the Mississippi

at "the northernmost part of the 31st degree of north latitude," then

"to be drawn due east ... in the latitude of 31 degrees north of the

equator to the middle of the river Apalachicola," and from there it was

to follow the line of the proposal of October 8. Articles were also

inserted which provided that restitution should be made of all estates,

rights, and properties in America which had been confiscated during the

war, that no one was to suffer in life or person, or be deprived of

property on account of the part which he had taken in the war, that

imprisoned Loyalists were to be set at liberty and pending prosecutions

dropped. The right of Americans in the use of the fisheries were

somewhat abridged.

Provisional articles of November 30.--The British proposals were

satisfactory to the American commissioners except those regarding the

Loyalists and the fisheries. After considerable discussion an agreement

was reached and provisional articles were signed. The people of the

United States were given unrestricted fishing privileges "on the Grand

Bank and on all the other banks of Newfoundland," in the Gulf of St.

Lawrence, and elsewhere, and the right of curing fish along the

unsettled bays, harbors, and creeks of Nova Scotia, and on the shores of

the Magdalen Islands and Labrador. The idea of indemnity for Loyalists

was not incorporated, the articles merely pledging that Congress would

make recommendations to the state legislatures that there should be no

more confiscations or prosecutions, and that claimants of confiscated

lands be allowed to use legal means of recovering them and might go at

liberty for one year without personal risk. The articles also provided

that the treaty should not be concluded until terms of peace had been

agreed upon between France and Great Britain. The action of the American

commissioners in arriving at an agreement without consulting the French

ministers was not pleasing to Vergennes, but Franklin adroitly pacified

him. It is probable that Vergennes did not have a deep feeling of

resentment, for he soon obtained a loan of six million livres for the

United States.

Preliminary agreements between England, France, and Spain.--Preliminary

articles between England, France, and Spain were drawn in January, 1783.

Spain failed to obtain Gibraltar, but received Minorca and the Floridas.

France received no territory on the mainland of North America. French

fishermen were granted important rights in the Newfoundland fisheries,

and Great Britain gave to France Dunkirk, St. Lucia and Tobago, Senegal,

and Goree, and certain recent conquests, and guarantees of commercial

privileges in India. France restored to Great Britain Grenada, the

Grenadines, St. Vincent, Dominica, St. Christopher, Nevis, and

Montserrat, and territory on the Gambia River.

Final agreements.--On September 3, 1783, all the definitive treaties

were signed, the treaty between the United States and Great Britain

being the same as the provisional articles of November 30. In the treaty

the boundaries of the United States were apparently defined with

exactness, but the statement of the Maine and northwestern boundaries

proved to be ambiguous and became the subject of future disputes with

Great Britain; the southern boundary agreement led to future

difficulties with Spain, as did the question of the navigation of the

Mississippi. The treaty was, however, a great triumph for American

diplomacy. The United States had emerged from the contest as an

independent power, with a vast domain stretching from the Mississippi to

the Atlantic, and from the Great Lakes to the Floridas.

The dispersion of the Loyalists.--During the war many Loyalists had fled

to England, to Canada, to the West Indies, or to Florida. A still larger

number had taken refuge behind the British lines, or had joined the

British Army. After the treaty, as persecutions continued, the British

government arranged for the transportation of all who wished to leave

the United States, offered them homes in the other British colonies,

granted half pay to the officers after their regiments were reduced, and

appointed a commission to provide compensation for losses. Many

thousands of Loyalists left the country. Of these the more influential

went to England. About two hundred families went to the West Indies. The

larger number migrated to Canada, where, as "United Empire Loyalists,"

they laid the foundation of British Canada.

READINGS

THE WAR IN THE SOUTH AND THE YORKTOWN CAMPAIGN

Fisher, S.G., _The Struggle for American Independence_, II, 228-535;

Greene, F.V., _The Revolutionary War_, 180-281; Lecky, W.E.H., _History

of England in the Eighteenth Century_, IV, 130-165, 199-220; McCrady,

Edward, _History of South Carolina in the Revolution_, 1780-1783;

Trevelyan, G.O., _George the Third and Charles Fox_, II, 94-172.

THE TREATY OF PEACE

Channing, Edward, _History of the United States_, LII, 346-373; Corwin,

E.S., _French Policy and the American Alliance_, 217-377; Fiske, John,

_The Critical Period_, 1-49; Lecky, W.E.H., _History of England in the

Eighteenth Century_, IV, 255-322; McLaughlin. A.C., _The Confederation

and the Constitution_, 3-34; Wharton, Francis, _The Revolutionary

Diplomatic Correspondence of the United States_, V-VI; Winsor, Justin,

_The Westward Movement_, 203-224.

CHAPTER XXVIII

GOVERNMENTAL DEVELOPMENT DURING THE REVOLUTION

The Association a step toward sovereignty.--The First Continental

Congress was called to deliberate and determine upon measures to recover

rights and liberties of which the colonies had been deprived and to

restore harmony with Great Britain. Although the Congress was

consultative in nature, it completed the revolutionary organization and

made unity of action possible. The adoption of the Association was a

fundamental step toward sovereignty. It could only be interpreted to

mean that the colonies intended to enforce their will upon the mother

country. Furthermore, Congress provided means to enforce the Association

within colonies. While the petitions and addresses which were sent forth

were couched in respectful terms, the tone of the declaration and

resolves was distinctly revolutionary, and when considered in connection

with the Association, it becomes evident that the iron hand of a

sovereign power was even then visible through the mists of revolution.

THE SECOND CONTINENTAL CONGRESS

Nature of Congress.--The Second Continental Congress which convened at

Philadelphia on May 10, 1775, was a purely revolutionary body, a

"creature of emergency." In its inception it was in no sense a sovereign

body, but was rather a great central committee, representing the

revolutionary elements in the various colonies, which assumed the

supreme directing power until 1781. The colonies had displayed no

regularity in the method of selecting the delegates. The two New

Hampshire delegates were chosen by a convention of deputies who had been

appointed by various towns. The five delegates of Massachusetts were

chosen by the provincial congress. The Rhode Island assembly chose two

delegates, and the Connecticut house of representatives five. In New

York twelve delegates were selected by a provincial convention. The

five delegates from New Jersey were chosen by the assembly, as were the

nine from Pennsylvania and the three from Delaware. In Maryland a

meeting of deputies chose seven delegates, three or more of whom might

represent the colony. In Virginia a convention of delegates selected

seven. In North Carolina a convention chose three delegates who were

approved by the assembly, and in South Carolina the assembly appointed

five. Georgia at first was represented by a delegate from a single

parish.

Original powers of the delegates.--The delegates were not empowered to

perform sovereign acts, but were considered as a central revolutionary

committee, which was to take such measures as would be best calculated

to recover and establish American rights and liberties, restore harmony

between Great Britain and her colonies, and advance the best interests

of the colonies. As the revolutionary movement spread and acts of

violence occurred, necessity forced Congress to perform many acts which

were not contemplated in the original instructions of the delegates; but

from first to last it was lacking in sovereign powers and was always the

creature of the states.

Causes of the weakness of Congress.--The fundamental cause of the

weakness of Congress was its lack of legal powers. When executive acts

were necessary, the delegates were never certain that their joint action

would be upheld by the states. Congress had no power to enforce its

will, or to coerce an unruly state. Another source of weakness was the

constantly changing personnel of Congress, the numbers varying from

twenty-four to a hundred. Many of the strongest members were sent on

foreign missions, leaving important work to be done by men who had had

little experience in public affairs. Sectional jealousy frequently

interfered with concerted action; the small states feared the larger

ones; states holding no western lands were suspicious of those with such

possessions; and theological differences made it difficult for New

Englanders to work with delegates from the middle and southern states.

In 1777 when Vermont was asking to be admitted as a state, New England

and New York found their interests to be conflicting, as both claimed

jurisdiction over the Green Mountain country. Some of the members

stooped to petty acts for self-aggrandizement, breeding suspicion in

the minds of many. Congress was housed at Philadelphia in the state

house, which was poorly arranged for a body whose business was mainly

conducted by committees. Military necessity twice forced Congress to

hasten from the city, the first time in December, 1776, when it fled to

Baltimore, the second time after the battle of the Brandywine, when it

became an exile, first at Lancaster and later at York.

Nature of the business of Congress.--Dr. Albion W. Small has classified

the business of Congress under the following heads: (1) To dispose of

sundry applications in behalf of individuals; (2) to consider requests

for advice and aid to individual colonies; (3) to act as the mouthpiece

of the patriotic party; (4) to serve as an organ of communication

between the collective colonies and other communities or individuals;

(5) to devise peace plans and measures for the general good; (6) to

devise offensive and defensive measures to be urged upon the individual

colonies; (7) to raise, organize, and regulate a continental army, and

assume general direction of military affairs.

Organization of Congress and conduct of business.--When Peyton Randolph

found it necessary to leave Congress, the delegates chose John Hancock

president and Charles Thomson secretary, the latter serving until 1781.

Most of the work was carried on by committees. When a vote was taken in

Congress, the members did not cast their ballots as individuals, but

each state delegation cast a solid affirmative or negative vote. Usually

committees met in the morning from 7 to 10, Congress from 10 A.M. to 4

or 5 P.M., and committees from 6 to 10 P.M. The president's duties were

manifold, for in addition to acting as presiding officer, he carried on

correspondence with the commander-in-chief, with state governors, and

with, local committees.

Early acts of Congress.--In spite of the conservatives who at first were

in the majority and who desired to hold in check the revolutionary

forces, circumstances forced Congress to exercise executive authority

long before the Declaration of Independence. In June, 1775, Congress

ordered the raising and organizing of an army, authorized a loan for the

purchase of gunpowder, and issued $2,000,000 in bills of credit. In

September provision was made for the fitting out of a navy, and steps

were taken to open relations with foreign powers, to supervise the

frontiers, and to establish a post-office. In the chaos which resulted

from the overthrow of the chartered governments, several of the state

revolutionary bodies appealed to Congress for advice. In answer to the

Massachusetts appeal, Congress advised that, as no obedience was due to

parliament and as the crown officials were absent, the provincial

congress was to summon the representatives to an assembly which was to

choose a council, and together the two bodies were to govern until

difficulties were adjusted with the crown. Similar advice was given to

New Hampshire, South Carolina, and Virginia. The various colonies were

also advised to erect prize courts. In March, 1776, it advised the

colonies to disarm the Loyalists, and soon afterward authorized the

fitting out of privateers and opened the ports to all countries not

subject to Great Britain. In May it urged all colonies which had not yet

formed state governments to do so and declared that British authority

should be suppressed. On July 4, 1776, it adopted the Declaration of

Independence.

Judicial functions.--With the increase of privateering, prize courts

became necessary, and in November, 1775, Congress advised the colonies

to erect courts in which cases of capture might be tried by jury and

appeals made to Congress. During 1776 the custom was followed of

appointing a congressional committee to hear each appeal, but in

January, 1777, a standing committee of five was appointed to hear all

appeals. The increasing business and the need of legally trained men

made it apparent that the committee system could not long handle the

prize cases, and in January, 1780, a permanent court of appeals was

established, which may be looked upon as a forerunner of the supreme

court.

Military affairs.--When hostilities began, Congress acted on the theory

that the colonies were loyal to the king, but were opposing Gage's

ministerial army. Events soon forced it to take measures of defence,

committees being appointed in May, 1775, to consider how military stores

might be procured. On June 15 Washington was chosen commander-in-chief

and on the following day a committee was appointed to draw up his

commission and instructions. Congress also selected four major-generals,

eight brigadier-generals, a quartermaster-general and

commissary-general. Later a clothier-general was appointed.

At first military affairs were handled by congressional committees, but

in January, 1776, a committee was appointed to consider the

establishment of a war office. Five months later Congress adopted the

committee's plan which provided for a Board of War and Ordnance to

consist of five members of Congress and a secretary. In 1777 this

congressional board was done away with and a new board, consisting of

persons who were not members of Congress, was created, Gates being

placed at its head. Congress also appointed an inspector-general, Thomas

Conway being the first incumbent, being followed by Steuben. The system

of supplying the army was found to be deficient and to rectify matters

the commissary department was reorganized in 1777 and again in 1778.

Congress continued to keep in touch with the army by sending special

committees to examine actual conditions.

Naval affairs.--To handle maritime affairs a naval committee was

appointed whose "active life lasted from October, 1775, until January,

1776, during which time it laid the foundation of the navy." On December

14, 1775, a marine committee, composed of one member from each colony,

was chosen to take charge of the building and fitting out of vessels,

and this committee soon assumed direction of naval affairs. Agents to

superintend the work of construction were employed, and on the

recommendation of the committee, Congress appointed prize agents. In

November, 1776, a board of three naval experts was created to execute

business under the direction of the maritime committee and a similar

board was appointed in April, 1777, to handle affairs in New England

alone. The marine committee continued until October, 1779. By that time

it became evident that a more efficient system was needed and Congress

appointed a Board of Admiralty consisting of three commissioners and two

members of Congress. The board remained in charge of naval affairs until

the governmental reorganization of 1781.

Foreign affairs.--To direct diplomacy was one of the difficult functions

of a Congress whose members were but little versed in the intricacies of

foreign courts. In the fall of 1775 a "secret committee on foreign

correspondence" was chosen. In March, 1776, Silas Deane was sent to

France, and in September of the same year a commission to handle

American interests in Europe, composed of Franklin, Jefferson, and

Deane, was appointed. Jefferson, however, remained in America and Arthur

Lee was substituted. To obtain financial aid had been the chief object

up to the Declaration of Independence, but after that Congress and its

agents directed their energies not only to the securing of funds, but to

obtain recognition by France and Spain, and to make military and

commercial alliances. In 1777 the secret committee was changed to the

"committee on foreign affairs," an organization which conducted the

foreign policy up to 1781.

FINANCIAL AFFAIRS

Fiscal machinery.--The most difficult problem which Congress had to

solve was the raising of sufficient funds to carry on the Revolution. To

handle the public moneys and devise means for raising revenue, fiscal

machinery gradually came into existence. In 1775 two treasurers were

appointed to receive and disburse public funds. Soon a committee of

claims of thirteen members was appointed, and in February, 1776, a

standing committee of five known as the Treasury Board, which supervised

financial officials and attended to the emission of instruments of

credit. This board, under which was an auditor-general at the head of

the office of accounts, was the germ of the later treasury. In 1778 the

book-keeping system was remodeled and a comptroller, auditor, treasurer,

and two chambers of accounts were provided. In 1779 the old treasury

board was set aside and in its place a commission of five was appointed,

of which three were not congressional delegates.

Bills of credit.--Congress had three principal means of raising money:

by issuance of bills of credit, by requisitions upon the states, and by

domestic and foreign loans. In addition there was a considerable income

from prizes and captures. The need of raising money drove Congress to

the doubtful expedient of issuing large quantities of paper money

unbacked by bullion or specie but based upon the credit of the states.

Between June, 1775, and November, 1779, Congress authorized the issuance

of $241,552,780 in denominations varying from one-sixth of a dollar to

sixty-five dollars. In addition the states issued over $200,000,000 in

paper money. Such large amounts of unbacked paper could lead to but one

result, a steadily increasing depreciation. At first the people took the

continental money with little protest, but as issue followed issue in

rapid succession, depreciation set in, and by January, 1779, the ratio

of currency to specie was eight to one, by June twenty to one, and by

the end of that year forty to one. In May, 1781, it ceased to pass as

currency. Financiers have found it difficult to estimate the specie

value of the various issues, but a careful economist has calculated that

it was worth between $37,000,000 and $41,000,000.

Requisitions upon the states.--As military demands became more and more

insistent, Congress found it necessary to make requisitions upon the

states. The demands were met in a niggardly manner; between November,

1777, and February, 1781, the moneys received, figured in specie value,

amounted to only $2,737,000. In 1780 Congress was driven to demanding

specific supplies, such as corn, meat, and hay.

Domestic loans.--With the exception of a small loan for the purchase of

gunpowder, Congress did not authorize a domestic loan until October,

1776, when it voted to borrow $5,000,000 at four per cent, and to

establish state loan offices. Subsequent loans were at six per cent.

After money from foreign loans began to come in in September, 1777,

interest on the domestic debt was paid, enabling Congress to borrow more

freely than before. From October, 1776, to September, 1777, only

$3,787,000 was obtained from the states, and during the rest of the war

$63,289,000 in paper was subscribed.

Foreign loans.--Most of the foreign financial aid came from France. In

the years before France formally recognized the independence of the

American states, large sums were loaned to Congress. In May, 1776,

Vergennes secured a loan of a million livres from the French treasury

and also obtained a small loan from Spain. Through the fictitious

company of "Hortalez et Cie" in Paris organized by Beaumarchais, and the

Spanish firm of Josef Gardoqui and Sons, large quantities of clothing,

military stores, and considerable sums of money were placed at the

disposal of the revolutionary agents. During 1777-1780 Congress borrowed

from France $1,633,500.

STATE GOVERNMENTS DURING THE REVOLUTION

Organization of state governments.--As resistance to British authority

intensified during 1775, the colonies took steps to organize for

resistance. The colonial governors were forced to leave and the

committees of safety assumed temporary executive functions. In most of

the colonies revolutionary conventions were called which took over the

legislative power until it became apparent that the difficulties with

Great Britain could not be settled. As it grew more and more evident

that the war was to be fought for independence, the conventions took

steps to organize state governments. Several of them asked advice

concerning such action from the Continental Congress, and that body

finally advised all the colonies to proceed on the assumption that they

no longer owed allegiance to the crown. The constitutional convention

introduced a new principle in the theory of the state. Up to this time

governmental authority had rested in England. Henceforth the powers of

sovereignty were to emanate from the will of the people, the

constitutional convention being the embodiment of the sovereign will.

Type of state governments.--In the formation of governments the states

were guided by experience in colonial statecraft. The new constitutions

disclosed the influence of the struggle with Great Britain, the framers

seeking to protect the commonwealths from the possibility of

encroachment of the executive at the expense of the legislative

departments. The influence of the political philosophy which insisted

that the separation of the departments of government was the safeguard

of popular rights was also apparent in the new constitutions. Although

they displayed a marked divergence on minor points, in general a common

type of government prevailed. In most of the states the legislative

department was in two parts, a lower and an upper house; the lower,

usually elected for a year, represented the people at large, and the

upper, serving for longer periods, represented the wealthier classes. In

all but one state a property qualification was required for voters and

representatives, and in most cases the property qualification was higher

for members of the upper chamber. There was no uniformity in

designation, the lower chamber being variously called the house of

representatives, house of commons, or assembly; the upper house was

usually called the legislative council, but in Virginia it was known as

the senate, a designation afterward commonly adopted. The executive was

usually weak, being vested either in a governor with limited power or in

a small group. So well adapted to the needs of a state were the colonial

charters of Connecticut and Rhode Island, that they continued to use

their charters as constitutions for many years, merely substituting the

authority of the people for that of the king.

Variations from type.--Several of the state constitutions contained

unusual features. In Pennsylvania the radical convention in 1776 framed

a constitution which provided for a legislature of one chamber and an

executive council which could not veto an act of the assembly. Every

seven years a council of censors was to be chosen by the voters to see

that the constitution had not been violated. By a two-thirds vote the

censors could summon a convention to amend the constitution. Georgia

also set up a unicameral legislature. The Virginia constitution of 1776

contained a declaration of independence. It also provided that all bills

must originate in the lower house and that money bills could not be

amended by the senate. A privy council of eight members was chosen by a

joint ballot of both houses. This body and the two houses selected the

governor. The South Carolina constitution of 1778 provided for the

election of the upper house by the people and the governor was deprived

of the veto power. By the New York constitution of 1778, the governor

was elected by the people, but he had neither appointive nor veto power,

those functions being exercised respectively by a council of

appointments chosen from the senate by the assembly, and by a council of

revision composed of the governor, chancellor, and two or more judges of

the supreme court. Objections raised by the council of revision could be

defeated by a two-thirds vote of both houses. The first constitution of

Massachusetts provided for a legislature of two houses, the upper

chamber acting as a multiple executive. In 1780 a new constitution was

accepted by the people. This provided that the governor be given

military powers and the appointment of judges. He was to be advised by a

council of nine elected from the senate by both houses.

Selection of the judiciary.--Divergences appeared in the methods of

selecting judges. In Connecticut and Rhode Island they were appointed

annually by the assemblies. In Georgia the chief justice was appointed

by the assembly, but the people elected the county judges annually; in

New Jersey, Delaware, and Pennsylvania the assemblies chose the judges

for seven years; in Massachusetts, New York, and Maryland the governor

and council appointed the judges who held office during good behavior;

in other states the legislatures appointed them for varying terms.

The courts.--The states established superior tribunals which were

authorized to review and correct decisions of inferior courts. In

Georgia the county courts, when presided over by the chief-justice,

acted as a final court of appeal. In New Jersey the governor and council

constituted the highest appellate tribunal. In Virginia the constitution

provided for a court of appeals which passed upon the constitutionality

of laws and heard appeals. In Maryland and South Carolina the appellate

courts were composed of the presiding officers of the district courts.

In the other colonies the supreme court fulfilled the same function. The

colonial system of county courts to try the smaller civil cases, and

courts of session, composed of justices of the peace, for trial of petty

criminal cases were retained.

English law the basis of American jurisprudence.--The English common-law

forms of writs and legal process were continued with all their

technicalities, a usage which has been one of the stumbling blocks in

the attempts to simplify legal methods in the United States. "Either by

the constitutions or by legislative enactments, English common law, and

all those English statutes hitherto recognized and acted upon in the

colonies respectively, were made the basis of state jurisprudence. The

force of law was also continued to all existing colonial statutes until

repealed or altered, except in South Carolina, where a particular

enumeration and reenactment was made of the colonial statutes intended

to be recognized."

The revolutionary state of Vermont.--In the Green Mountain region a new

state was in the making. There New York claimed jurisdiction but her

authority had never been established and in April, 1775, the inhabitants

of the mountain country held a convention, eventually drew up a

constitution, and asked Congress to recognize Vermont as a state. New

York succeeded in defeating the movement in Congress, but the

Vermonters, nothing daunted, proceeded to organize their government. The

new revolutionary state soon became embroiled in disputes with New

Hampshire and Massachusetts. These and the continued opposition of New

York caused Congress to delay recognition, and Vermont was not formally

admitted to the union until 1791, but to all intents and purposes it was

a sovereign state from 1775.

Attempts at Western State-Making.--In the course of the Revolution,

likewise, the settlements beyond the Alleghanies were trying experiments

in state-making. The Watauga Association in eastern Tennessee, the

Transylvania government in Kentucky, and the Nashborough, Association

are all examples. These western communities reverted to the compact

theory of government, and their experiences illustrate the democratic

tendencies of the frontier. As yet, however, the communities were too

weak to succeed in the midst of conflicting elements and each reverted

for a time to the subordinate position of a county of the older state.

THE ARTICLES OF CONFEDERATION

The confederation movement.--When danger from without threatened, a

union of the colonies as a device of safety had often been suggested,

but separatist tendencies had always proved too strong for the

federationists. Franklin had been a friend of the idea of union, in 1754

having penned the Albany plan. In July, 1775, when it became apparent

that the colonies were facing a great war, he proposed a league of

friendship whose affairs should be conducted by a general congress in

which each colony should have representation according to its

population. Franklin's plan was not adopted, but it focused attention

upon the growing need of a confederation. The Continental Congress was a

revolutionary body which had no power save the sufferance of states

which were themselves revolutionary. Whether or not those states were to

retain sovereign powers depended entirely on the outcome of the

struggle. To insure a successful issue, it was believed that a more

perfect organ than the Continental Congress should be devised to conduct

the Revolution.

Work of the confederation committee.--When Lee's independence resolution

was introduced in the Continental Congress on June 7, 1776, it was

accompanied by a motion to appoint a committee to draw up articles of

confederation. On June 12 a committee composed of one delegate from each

colony was chosen, among the members being John Dickinson, Samuel Adams,

Roger Sherman, and Edward Rutledge. On July 12 the committee reported a

plan of confederation, drawn mainly by Dickinson, which provided that

each state should have a single vote in a central congress, and that an

affirmative vote of nine states should be necessary to pass any measure.

Adoption of the articles.--Stress of business, military events which

forced the hasty departure of Congress from Philadelphia on several

occasions, and divergence of views prevented speedy action. On two ideas

only was there agreement. The delegates were convinced that the English

imperial system was wrong in its theory of taxation; whatever the form

of the central government might be, it must not take from the states the

power of taxation. They were also agreed that the executive power of the

central government must be weak. The debates turned upon three main

questions, taxation, representation, and congressional power to settle

boundary disputes. Dickinson's plan proposed that taxation should be

apportioned among the states according to population; this aroused the

opposition of the Southerners, who objected to the slaves being counted

as population. Franklin objected to Dickinson's proposal of one vote per

state on the ground that it was an inequitable arrangement. In reply it

was argued that the confederation was a league of friendship to be

formed for a specific purpose and in consequence each state ought to

have equal power. In regard to congressional power to settle boundary

disputes, a difference arose between those states which possessed

western lands and those which did not. Not until November, 1777, did

Congress give the articles a favorable vote and on June 26, 1778, a form

of ratification was adopted. Delegates from the New England states, New

York, Pennsylvania, Virginia, and South Carolina signed the articles on

July 9, North Carolina on July 21, Georgia on July 24, and New Jersey on

November 26, 1778; Delaware on May 5, 1779, and Maryland not until March

1, 1781. In consequence of the tardy action of Maryland, the

Continental Congress continued to conduct the war almost to its

conclusion.

The more important provisions of the articles.--The preamble stated that

the delegates had agreed "to certain articles of Confederation and

perpetual union." Article I named the confederacy "The United States of

America." Article II said, "Each State retains its sovereignty, freedom

and independence, and every power, jurisdiction and right, which is not

by this confederation expressly delegated to the United States, in

Congress assembled." Article III stated the purpose of the entrance of

the states into a league of friendship as follows: "for their common

defence, the security of their liberties, and their mutual and general

welfare." Article IV declared that the free inhabitants of each state

should be "entitled to all privileges and immunities of free citizens in

the several States" and provided for the extradition of criminals. It

also stated that, "Full faith and credit shall be given in each of these

States to the records, acts and judicial proceedings of the courts and

magistrates of every other State."

Article V provided that delegates should "be annually appointed in such

manner as the legislature of each State shall direct," and that Congress

should convene annually on the first Monday in November. No state was to

be represented in Congress by less than two nor more than seven members,

and in determining questions, each state should have one vote.

Article VI dealt mainly with prohibitions upon the states. Without the

consent of Congress, no state was to enter into treaties, confederation,

or alliance with foreign courts, nor was any state to lay imposts or

duties which might interfere with any stipulations in treaties entered

into between the United States and foreign powers. Such naval and

military forces were to be maintained by the states in time of peace as

Congress might deem necessary, and no state was to engage in war without

the consent of Congress unless actually invaded or in danger of Indian

attack.

Article VIII provided that expenses incurred for common defence or for

the general welfare, when allowed by Congress, should be defrayed out of

a common treasury, to "be supplied by the several states, in proportion

to the value of all land within each state, granted to or surveyed for

any person, as such land and the buildings and improvements thereon

shall be estimated according to such mode as the United States in

Congress assembled, shall from time to time direct and appoint."

Article IX dealt with the congressional powers. Congress was given the

exclusive power (1) of determining peace or war except in the cases

mentioned in Article VI, (2) of sending and receiving ambassadors, (3)

of entering into treaties and alliances, provided such agreements did

not interfere with the rights of the states to lay such imposts and

duties on foreign goods as they were subjected to by foreigners, or

prohibit exportation or importation, (4) of establishing rules for

deciding prize cases, (5) of granting letters of marque and reprisal in

time of peace, (6) of establishing admiralty courts, and (7) of settling

disputes between two or more states, an elaborate procedure in such

cases being prescribed.

Congress was also given the exclusive power (8) of regulating the alloy

and value of coin struck by its authority or by that of a state, (9) of

fixing the standard of weights and measures, (10) of regulating affairs

with Indians not members of states provided state rights were not

infringed, (11) of establishing and regulating post offices and postage,

(12) of appointing military officers except regimental officers, (13) of

appointing naval officers, and (14) of making rules and regulations for

the army and navy.

Other powers of Congress were (15) "to appoint a committee, to sit in

the recess of Congress, to be denominated 'a Committee of the States,'

and to consist of one delegate from each State; and to appoint such

other committees and civil officers as may be necessary for managing the

general affairs of the United States under direction..., (16) to

ascertain the necessary sums of money to be raised for the service of

the United States, and to appropriate and apply the same for defraying

the public expenses, (17) to borrow money or emit bills on the credit of

the United States, (18) to build and equip a navy, and (19) "to agree

upon the number of land forces, and to make requisition from each state

for its quota, in proportion to the number of white inhabitants in each

state." With the exception of a vote upon adjournment, all measures

required the assent of nine states. No period of adjournment was to be

longer than six months.

Article X provided that the committee of the states should be authorized

to execute the delegated powers of Congress during recesses. Article XII

stated that bills of credit, loans, and debts should be considered as a

charge against the United States and for whose payment the United States

and the public faith were pledged. Article XIII provided that every

state should abide by the acts of Congress, that the union should be

perpetual, and that no alteration should be made in the articles by

Congress unless afterwards confirmed by the legislatures of every state.

Fundamental weaknesses of the articles.--Admirable as this document was

in many respects, it contained weaknesses which were certain to make the

union temporary rather than perpetual. It failed to give the central

government sufficient power. The articles were distinctly the instrument

of a confederation of sovereign states, and not the constitution of a

federal state. Congress was not given the power to raise money or to

regulate commerce. It could not compel the states to pay the national

debts, to live up to treaties, or to raise armies. The articles provided

for no distinct executive department, but this was remedied in part by

congressional acts. With the exception of the fourth, fifth, and seventh

provisions of Article IX, judicial matters were left to the states. The

required vote of nine state to pass measures necessarily hindered the

passage of needed regulations. The requirement that every state

legislature must give its consent before an amendment could be passed

made it well-nigh impossible to change the instrument.

GOVERNMENTAL REORGANIZATION

Organization of executive departments.--The failure of the congressional

committee system to perform executive functions had grown more apparent

as the war progressed, and in the closing days of the Second Continental

Congress measures were taken to concentrate the executive departmental

work under individual heads. During January and February, 1781, the

Continental Congress created four new offices: superintendent of

finance, secretary at war, secretary of marine, and secretary of foreign

affairs, a foreshadowing of the later cabinet. The policy thus

inaugurated was continued under the new Congress which held its first

sitting on March 2, 1781.

The work of Robert Morris.--The failure of the bills of credit, the

insufficiency of state support, and the weakness of foreign credit had

made it evident that the financial system must be reorganized;

accordingly the treasury commission was abolished and finances were

placed in the hands of Robert Morris, a successful merchant of

Philadelphia who had rendered valuable assistance as a member of the

Pennsylvania assembly and of Congress. Morris realized that retrenchment

and economy must be his watchwords. In the words of Dewey, he endeavored

"to collect the requisitions from the States, to create a national

revenue and impost, and place the revenue on a specie basis...." He also

sought to establish foreign credit and to found a United States bank. At

every turn he was handicapped by local prejudice, petty bickerings over

taxation, and the lack of power of the central government.

Foreign loans and requisitions upon states.--The adoption of the

Articles of Confederation immediately strengthened foreign credit, for

during 1781-1783 loans of $4,719,000 were obtained from France, $174,017

from Spain, and $1,304,000 from the bankers of Holland. The loans from

Spain and Holland, however, probably would not have been obtained had it

not been for the entry of those powers into the war. Requisitions upon

states during the same period yielded $3,058,000 in specie value, but

the proposals of Morris to institute a land tax, poll tax, excise, and

tariff came to naught.

The Bank of North America.--In 1780 Congress had tried to establish a

financial institution called the Bank of Pennsylvania, but it had been

of little service. Morris planned a sounder institution to be known as

the Bank of North America with a capitalization of not over $10,000,000.

Only $70,000 was raised by private subscription and the government set

aside $200,000 in specie which had recently arrived from France. From

this bank during 1782-1783 the government borrowed on short term loans

$1,272,842. As Congress repaid the bank before other creditors, a small

working balance was maintained on which the government could draw for

immediate needs.

War and navy departments.--Owing to factional quarrels, it was not until

January, 1782, that General Benjamin Lincoln was made secretary at war.

No one was appointed for the department of marine, and the work was

turned over to the already overburdened superintendent of finance. The

office of agent of marine was created, and this Morris held from

September, 1781, until November, 1784.

Department of foreign affairs.--The first secretary of foreign affairs

was Robert R. Livingston of New York, a former member of the committee

which formulated the Declaration of Independence and famous later as

minister to France at the time of the Louisiana purchase. He held office

from August, 1781, to June, 1783, being succeeded in 1784 by John Jay.

The department as conducted under Livingston consisted of the secretary,

two assistant secretaries, and a clerk.

Conclusion.--Thus during the stress of war national and state

governments had come into existence. Necessity had forced the people to

act and though the leaders at times groped blindly and took many a false

step, the political capacity of the American people had asserted itself

and triumphed. They profited by their experiences and showed themselves

ready to cast aside useless institutions and try new ones which gave

fair promise of success. A government of the people, for the people, and

by the people had come into existence which challenged the doctrine that

the sovereign ruled by right divine.

READINGS

Bolles, A.S., _Financial History of the United States, 1774-1780_;

Bullock, C.J., _Finances of the United States from 1775 to 1789_;

Channing, Edward, _History of the United States_, III, 431-462; Dewey,

D.R., _Financial History of the United States_, 33-56; Foster, J.W., _A

Century of American Diplomacy_, 1-40; Guggenheim, J.C., "The Development

of the Executive Departments, 1775-1789," in J. Franklin Jameson,

_Essays in the Constitutional History of the United States in the

Formative Period, 1775-1789_; Hatch, L.C., _Administration of the

American Revolutionary Army_; Hildreth, Richard, _The History of the

United States of America_, III, 374-410; Learned, H.B., _The President's

Cabinet_, 47-63; McLaughlin, A.C., _The Confederation and the

Constitution_, 35-70; Paullin, C.O., _The Navy of the American

Revolution_, 31-251; Small, A.W., "The Beginnings of American

Nationality," in Johns Hopkins University, _Studies in History and

Political Science_, 8th Series, Parts I and II; Sumner, W.G., _The

Financier and Finances of the American Revolution_; Van Tyne, C.H., _The

American Revolution_, 175-202; Hunt, G., _The Department of State_,

1-37.

INDEX

The Colonization of North America, 1492-1783 · 第 24 / 26 章