CHAPTER II

THE PROBLEMS OF THE BACK LANDS

The ease with which the American domain had been permitted to extend

to the Mississippi in the peace negotiations with Great Britain did

not mean a freedom from future anxiety concerning the "back lands,"

lying to the west of the thirteen States. The entire domain contained

about 827,000 square miles, inhabited by about three million people,

very unequally distributed. Population was most dense near the coast

and gradually shaded off toward the interior. The front wave of

civilisation may be located by an irregular line passing through central

New Hampshire, skirting Lake Champlain, narrowing down to the Mohawk

valley, and across north-western New Jersey, whence it turned due west

across the mountains in a long arm reaching to Pittsburg. Retreating

to the Shenandoah valley, it descended to central Georgia and thence

to the sea. An "island" of people was to be found in central Kentucky

and another in north-central Tennessee. A great tract of vacant but

desirable land, comprising probably three-fourths of the domain,

stretched from within two hundred miles of the seacoast to the distant

Mississippi River. Barring a few French villagers, it was inhabited

only by savage men and beasts.

The lack of co-operation among the colonies in managing the Indians

had made a lasting impression. During the Revolutionary War, the

Congress gradually assumed the management of the savages to keep them

from serving the British forces. This was especially true of the tribes

dwelling beyond the recognised limits of the thirteen States. The State

Governments readily consented to allow the central body a large control

in this matter, because it meant so much for the common defence. The

British method of Indian agents and commissioners for different

geographical departments was adopted by the Congress, the whole being

placed under control of the Department of War. The National Government

thus came into control of the savages who inhabited the vast

trans-Alleghany region. The thought naturally followed that it should

be given control of the land itself, if it were to manage the savages

successfully.

Following the war, commissioners and agents complained that they could

not get the confidence and trade of the Indians of the North-west,

because of the influence of the British troops remaining in the forts,

in that quarter. According to the stipulations of the treaty of peace,

the forts located on the American side of the boundary line were to

be evacuated. There were some half-dozen of these posts, ranging along

the international line from Michilimackinac at the head of Lake Huron,

to Dutchman's Point, near Lake Champlain. The number of troops in each

was not sufficient to cause any fear of invasion; but their presence

produced an uncertainty in the Indian mind whether the control was

still with the British or had passed to the United States. The fur

trade, which should have passed through the States, was diverted to

Canada along the old lines.

Instead of vacating, the troops went out from some of the forts and

built additional new posts on American soil. "The Great Father across

the Waters," said a chief, when returning an unsigned treaty to Col.

Harmar, "has not given this country over to the Thirteen Fires." Knowing

the former predilection of the Indians for the French, the services

of Lafayette were enlisted, prior to his return to France, in addressing

a council on the frontier of New York to enlighten the natives

concerning their new allegiance. It was felt that all efforts would

be of no avail until the British were removed. To all American protests,

the British Government replied that the posts would not be evacuated

until the Americans had fulfilled their part of the treaty concerning

the debts owed to British merchants.

[Illustration: THE OLD BLOCKHOUSE AT MACKINAC, 1780]

At the beginning of the Revolutionary War, large sums had been due

British exporters and factors by American planters and traders, because

of the commercial system in vogue at that time. The war gave excuse

to unscrupulous debtors to withhold payment. Associations were formed

in many communities to adopt this form of retaliation, although

discountenanced by the better classes. At the close of the war, it was

said that there was not sufficient money in circulation to discharge

these long-due obligations. Jefferson estimated the debts due British

merchants in Virginia alone at thirty times the amount of money in

circulation in the State. Many States had passed stay laws against

executions to recover such debts and had thrown other legal obstructions

in the way of the British creditors. Claim was made not only for the

original amount of the debts, but for back interest as well. The

American merchants rejoined that they could pay neither principal nor

interest until they had been compensated for their slaves carried away

by the British Army and the Tories at the end of the war and contrary

to the terms of the treaty of peace. The labour of these slaves, they

said, would enable them to pay the debts.

Undoubtedly American statesmen wished to sustain inviolate the

provisions of the treaty, not only by preventing the States from

interfering with the collection of valid debts, but also by protecting

the Loyalists or Tories, as the treaty demanded. The English

negotiators, having small experience with a Confederation, supposed

that the clause in the treaty binding Congress to recommend actions

to the several State Legislatures was equivalent to a warrant. It was

agreed that the privilege should be granted to any person to go into

and remain twelve months in any part of the United States to regain

his property by law. The treaty provided further that Congress would

recommend to the States the restoration of all property to former

owners upon payment of the bona fide price which the present possessors

paid for it after confiscation. The treaty also implicitly promised

that there should be no more confiscations or prosecutions. The several

provisions for the alleviation of these Loyalists indicate slightly

the misfortunes into which their action brought them. Their treatment

both officially and by the mob has been described by some foreign

writers as the darkest page in American history. But they had choice

of sides in the issue. Granted that they supposed they were right in

upholding government against rebellion; yet the law of consequences

accepts no excuse for over-conservatism. He who fails to keep step

with the march of events falls behind and suffers the consequences.

The Loyalists were on the losing side and suffered the common fate of

the conquered.

War is abnormal. It undermines ideas of justice prevalent in time of

peace. Thus it came about that the treatment of the Loyalists reacted

unfortunately on the patriots. They had harried the royal sympathisers

out of the land. They had grown accustomed to using force and could

not readily return to law-abiding methods. They would not obey even

the provisions of a national treaty. The Articles of Confederation,

under which they were attempting to live in concord, kept a State from

laying a duty which would interfere with the proposed treaties with

France and Spain. Otherwise there was no compulsion aside from the

moral obligation attached to a treaty. However, John Jay, Secretary

of Foreign Affairs, acting in the capacity of an Attorney-General,

rendered an opinion that no State according to the Articles could

disobey or even interpret the provisions of a national treaty. Congress

adopted resolutions to the same effect. But without coercive power,

resolutions of Congress were idle as the wind. Jay confessed to

Jefferson in France, his fears that "some of the States had gone so

far in their deviations from the treaty that I fear they will not

easily be persuaded to tread back their steps." He also stated his

conviction after investigation that there had not been a single day

since the treaty had been signed in which it had not been broken by

some State. Washington also testified to the helplessness of Congress

by saying, "If you tell the Legislatures that they have violated the

treaty of peace, and invaded the prerogatives of the Confederacy, they

will laugh in your face." In this manner, a series of unfortunate

diplomatic complications turned upon the British possession of the

American forts along the frontier.

Nor was the impotence of the new nation exhibited toward England only

in the western country. Because it drained almost the whole of the

great inland valley, forming with its tributaries a network of

ready-made highways, the Mississippi River assumed an importance to

the trans-Alleghanian settlers which is lost in these days of

artificial means of transportation. As Madison once said, "It is the

Hudson, the Delaware, the Potomac, and all the navigable waters of the

Atlantic States formed into one stream." It is true that the freedom

of navigating the Great Lakes and the St. Lawrence was secured to these

western people by the Treaty of 1783, but these ways to the sea were

closed by ice during a portion of the year and were impeded by falls.

The lower Mississippi, on the other hand, had neither of these

obstructions to navigation. Near its mouth was the city of New Orleans,

where ocean vessels lay ready to receive western products. The current

made easy the voyage thither. For twenty years the traditionally

easy-going Spaniard had held the mouth of the river, placing severe

restrictions upon foreign traders, but too indolent to enforce them.

Great Britain and the United States had ignored Spain when they declared

in the treaty of peace that the Mississippi, from its source to the

Gulf, should remain for ever free and open to citizens of both

countries. Perhaps because she was disappointed in not getting a portion

of the middle valley away from the Americans in the course of the peace

negotiations, Spain soon began to show that she was at least mistress

of the lower part of the river. Just where her dominion began was

uncertain. During the war, a Virginia captain raised his colours on

the Mississippi a few miles above Natchez. A Spanish commandant buried

a box near the same spot with the colours of his sovereign as a token

of possession. After 1783, the flatboatmen, who adventured down the

river with loads of tobacco, flour, or planks, seeking a market at New

Orleans or adjacent settlements, found at the Walnut Bluffs, about ten

miles below the mouth of the Yazoo River, a post of Spanish customs

guards. These bade them lower their flag and put themselves under the

protection of the governor of Natchez before proceeding. If the goods

escaped paying a duty at this place, they were examined a second time

when they reached the group of about one hundred houses, crowning the

bluff, which constituted the city of Natchez. On a prominent point,

commanding a view of the river for many miles, stood the governor's

palace and the fort, at which were usually stationed about a score of

Spanish troops.

The hardy frontiersmen, who escaped the perils of navigating the river

as far as Natchez, bore the inspection and frequent seizure of their

goods as a great hardship and unwarrantable action. Scarcely had trade

opened after the war before Congress received a complaint from one

Fowler that his flatboat loaded with produce for the New Orleans market

had been seized for refusal to pay duties at Natchez. A few months

later, Thomas Amis, a North Carolina trader, reported the seizure of

his stock at the same point, consisting of 142 Dutch ovens, 53 pots

and kettles, 34 skillets, 33 cast boxes, 3 pairs dog irons, a pair of

flat irons, a spice mortar, a plough mould, and 50 barrels of flour.

Complaints of some of these seizures officially reached Congress.

Countless tales of other infringements upon American rights on the

lower Mississippi were told among the settlers along the western slope

of the Alleghanies, arousing them to the conviction that they were

being sacrificed by the commercial interests of the Atlantic plain who

wished to preserve a profitable trade with Spain. Gardoqui had arrived

at the seat of government in 1785 as the first representative of the

Spanish King. He was determined, as he said, to make the lower

Mississippi a "bone of contention" in negotiating the long-delayed

treaty with the United States. Not much agitation on his part was

necessary. The western people were wrought up to the determination to

take matters into their own hands, if necessary, to procure an outlet

to Europe for their goods. The rumour that Jay, Secretary of Foreign

Affairs, had approved to Congress the suggestion of Gardoqui, that the

river be closed for ten years as the price of a commercial treaty,

drove them to the point of forcible resistance. The Spanish also

continued to occupy posts on the American side of the Florida boundary

line, but this was a grievance only as they were accused of arousing

the Indians to hostility against American settlers. In truth, these

western pioneers formed a long arm of people thrust out between Indians

under British dominance on the north and Indians under Spanish control

on the south.

Believing themselves outside the pale of eastern protection, the western

people entertained various projects for self-preservation. George

Rogers Clark, whose daring Virginia expedition into the Illinois country

had gained him fame in the Revolutionary days, placed himself at the

head of a volunteer company which called itself the "Wabash regiment,"

and had been recruited in Kentucky for an expedition against the Shawnee

Indians. Clark had degenerated through intemperance into a kind of

border freebooter. Turning his troops from the original purpose, he

seized the goods of the Spanish traders at Post Vincennes as a

retaliation upon the Spanish, and prepared to descend upon New Orleans.

Congress was compelled to take strong measures for disbanding his

followers and making amends to Spain. A short time after, another

Kentuckian was at Vincennes organising men to drive out the Spanish

and make a settlement at Natchez, presumably inside the limits of

Georgia. "Ireland is a free country to what this will be when its

navigation is entirely shut," he wrote to the governor of Georgia in

unfolding his scheme. An emissary was sent through the Illinois French

settlements to describe the Spanish outrages on the lower Mississippi.

Seditious papers were circulating in Kentucky and in the revolutionary

State of Franklin. "In case we are not countenanced," said one of these

documents, "and succoured by the United States, our allegiance will

be thrown off and some other power applied to. Great Britain stands

ready with open arms to receive and support us." One adventurer assured

Gardoqui that fifty thousand men would be in arms in the western country

to get their commercial rights.

Even a more efficient government than a Confederation would have

experienced difficulty in overcoming these decentralising effects of

the Alleghany Mountains, before improved methods of transportation had

annihilated the barrier. The people along the Atlantic Ocean and those

in the Mississippi valley lived really in two parallel north and south

plains, having easier outlets through foreign countries and therefore

more points of contact with them than with each other. Although obscured

by the later north and south sectionalism, this east and west difference

for many years caused a fear in the older portion that the newer or

valley part would secede from it. This fear began with the troubles

over the navigation of the Mississippi, it was renewed by Genet's

intrigues, it reached its climax in Burr's expedition, and it subsided

only when railways and canal transportation had levelled the mountains

and thereby lessened the importance of waterways.

European strategists made ready use of the isolated condition of the

western people, not always with the object of absorbing them, but

rather of using them in the great game of territorial acquisition

played so many times on the American board. For instance, in 1787, the

French Minister to the United States forwarded to his Government a

document presented to him, evidently by a native of France residing

in America, which described the extent of the Mississippi valley and

the dissatisfaction of its inhabitants. The paper asserted that the

people beyond the mountains

"seek for a new support and offer to the power which will welcome them

advantages which will before long effect those which America, as it now

is, could promise.... It requires a protector; the first who will stretch

out his arms to it will have made the greatest acquisition that could be

desired in this new world. Fortunate my country if she does not let this

moment escape, one of those not presented twice."

A year or two later, the British consul at Philadelphia was suggesting

to his Government the use of the western settlements of the United

States in an expedition to be made against Spanish New Orleans. These

frontiersmen would co-operate, he thought, in any measure that might

tend to secure them a free trade which the uninterrupted passage of

the Mississippi would effectually establish. He pronounced them a hardy

race, adventurers by profession, and ready to seize every opportunity

of profit or employment. They were described in a project for using

them presented at another time to the French Government as "hardy,

enterprising, good marksmen, lovers of liberty, and always armed."

The extent to which the western people were prepared to go in the

Confederation days was a matter of much dispute, and was aired fully

in the course of time by controversies in Kentucky politics. But their

hardihood and capacity for achievement have never been questioned.

They were qualified by nature to insist upon their rights even if such

insistence embarrassed the foreign negotiations of the home Government.

Bred in the rural districts of Virginia and the Carolinas, accustomed

to solitude and privations, depending upon their rifles for food and

largely for dress, they felt no ties binding them to home and the old

life when once they had crossed the mountains. They were self-dependent

in nearly every particular except arms and ammunition. Carrying the

organising instinct of their English forefathers, they set up local

government as rapidly as their numbers warranted. To be held as

colonists by the States to the eastward of the mountains was contrary

to that spirit of inherited freedom which had already made those States

out of colonies. Just at the dawn of the Revolution the colonisation

of the far-famed "blue grass" region of Kentucky had begun, when Daniel

Boone led the Transylvania Company from North Carolina to found

Boonesboro. Although the independent government which this company

erected was suppressed by the governors of Virginia and North Carolina,

the movement could not be stayed. A few years later, these Kentuckians,

increased in numbers by the enormous migration thither, were holding

secession conventions which Virginia thought wise not to resist. North

Carolina repressed with some effort the independent State of Franklin,

or "Frankland," the land of the free Franks, as it was first called,

which John Sevier and other hardy spirits set up in what is now eastern

Tennessee.

While these attempts to create independent States in the remote regions

are now praised as evidences of the organising instinct of the American

people, it must not be forgotten that at the time they were formed

within the legitimate bounds of regular States and seriously threatened

to impair their domains. The domain of a State is regarded as one of

the most inviolable attributes of its sovereignty. The third Article

of the Confederation bound the States to assist any of their number

against attacks made upon its sovereignty. Not only were the States

of Virginia and Kentucky threatened with the loss of territory through

insurrection. The "Green Mountain boys," headed by Ethan Allen, had

succeeded in setting up an independent State, with a popular innkeeper

as governor, upon land claimed by New York. Against these infringements

upon the integrity of the States, the Congress could do nothing more

than draw up resolutions expressing "the highest disapprobation" of

those who participated.

The experience of the National Government under the Articles of

Confederation with the settlers on the frontier beyond the recognised

limits of the thirteen States, although alarming at the time, was

invaluable as a lesson. It taught thinking men not only that the Central

Government must be given more power to protect the States themselves,

but that these remote districts could be best governed by the central

authorities. Every argument of this kind was timely since it might

induce the States still holding out to yield their back lands as a

common property. The beginning of ceding the western lands to the

common stock is important as a precedent since it created ultimately

the profit-sharing principle of the public domain. Mention has been

made of the failure in Congress to place western bounds on certain

States. When the Articles were sent to all the States for ratification

before going into effect, individual State Legislatures had opportunity

of making such boundary restriction the price of a national agreement.

Individualism in this instance proved a blessing. It is important to

an appreciation of the times to note that the State whose persistence

won the victory was not one of the largest or most influential. Maryland

was the eighth in rank of territory and probably the sixth in number

of population. Her powerful neighbour and ancient enemy, Virginia,

upon assuming statehood, had reiterated her charter claims to full

one-half the territory of British North America, magnanimously "ceding"

to the States of Pennsylvania, Maryland, and the two Carolinas the

land of which they were already possessed.

As Virginia admitted, the British Government had always assumed that the

Atlantic coast-plain was the seat of its thirteen American colonies, and

had refused to acknowledge openly their claims much beyond the crest of

the Alleghanies. The ownership of the vacant lands between the mountains

and the Mississippi River was vested in the King under the name of "Crown

lands." But no sooner had the struggle for independence begun than the

colonies determined in case of success to claim the entire British

possessions in those parts; that is, to the Mississippi. As early as 1776,

Silas Deane, the commercial agent of the United States in Paris, suggested

to Congress the sale of the vacant lands to French colonists as a means of

paying the expenses of the war. The rich valley, when fully regarded as a

possible spoil of war, became a golden apple of discord. It had been won,

small States argued, "by the blood and treasure of all, and ought,

therefore, to be a common estate."

Led more by the necessity for some kind of a national government to

replace the rule of Britain thrown off in 1776 than by such appeals, the

Legislature of New York in 1781 authorised her delegates in Congress to

quitclaim all lands lying outside her present boundaries to the General

Government for the benefit of present and future States of the Union.

Although the claim of New York, based upon a treaty with the Indians, had

been regarded as shadowy by other States, yet her greatly lauded action

led in the same year to propositions from Virginia and, a few years later,

to advances from Massachusetts and Connecticut resulting eventually in

their giving up all territory north of the Ohio and west of Pennsylvania

and New York. Persuaded by these favourable indications, Maryland signed

the Articles, as heretofore described.

Whether the persistence of Maryland was due to her desire for the

national good, to selfishness in wishing a share of the national spoils

of war, or to animosity toward Virginia dating from their ancient

boundary dispute, the result may well be pronounced the most important

step toward union since the appointment of Washington to the head of

a national army. The public domain was the first inheritance the needy

National Government ever received aside from debts and disputes. Not

that the pecuniary return from the sale of the public lands proved as

large as at first imagined; but that this tangible asset gave some

dignity to the intangible Union. The disposal of the land, as a

profit-sharing enterprise, formed a business undertaking which concerned

all the States. It could be managed only by the combined powers.

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