war, was born in Lithuania, in 1756, of an ancient and noble family,
and educated at the military school at Warsaw. He afterwards studied
in France. He came to America, recommended, by Franklin, to General
Washington, by whom he was appointed his aid. He was also appointed
his engineer, with the rank of colonel, in October 1776. At the
unsuccessful siege of Ninety-Six, in 1781, he very judiciously
directed the operations. It was, in 1774, that he left this country,
and, in 1786, he returned to Poland. In 1789, the diet gave him the
appointment of major-general. In the campaign of 1792, he
distinguished himself against the Russians. In 1794, the Poles again
took arms, and were headed by Kosciusko; but, after several splendid
battles, he was taken and thrown into prison by Catharine, but was
released by Paul I. When the emperor presented him with his own sword,
he declined it, saying: "I no longer need a sword, since I have no
longer a country." Never afterwards did he wear a sword. In August,
1797, he visited America, and was received with honor. For his
revolutionary services, he received a pension. In 1798, he went to
France. Having purchased an estate near Fontainebleau, he lived there
till 1814. In 1816, he settled at Soleure, in Switzerland. In 1817, he
abolished slavery on his estate in Poland. He died at Soleure, in
consequence of a fall with his horse from a precipice near Vevay,
October 16, 1817, aged sixty-one. He was never married.
COUNT PULASKI.
Count Pulaski was a Polander by birth, who, with a few men, in 1771,
carried off King Stanislaus from the middle of his capital, though
surrounded with a numerous body of guards and a Russian army. The king
soon escaped, and declared Pulaski an outlaw. After his arrival in
this country, he offered his services to congress, and was honored
with the rank of brigadier-general. He discovered the greatest
intrepidity in an engagement with a party of the British near
Charleston, in May, 1779. In the assault upon Savannah, October 9th,
by General Lincoln and Count D'Estaing, Pulaski was wounded, at the
head of two hundred horsemen, as he was galloping into the town, with
the intention of charging in the rear. He died on the 11th, and
congress resolved that a monument should be erected to his memory.
BARON DE KALB.
Baron de Kalb was a native of Germany, but had been long employed in
the service of France, previous to the commencement of the American
revolution. He arrived in this country in 1777; and being an officer
of great experience, he early received from congress the commission of
major-general. In the battle near Camden, August, 1780, he fell, after
receiving eleven wounds, in his vigorous exertions to prevent the
defeat of the Americans. He died August 19th, aged forty-seven, having
served three years with high reputation. His last moments were spent
in dictating a letter, which expressed his warm affection for the men
and officers of his division, and his admiration of their firmness and
courage in withstanding a superior force. An ornamental tree was
planted at the head of his grave in the neighborhood of Camden, and
congress resolved that a monument should be erected to his memory at
Annapolis, with a very honorable inscription.
BARON STEUBEN.
Frederick William, Baron de Steuben, was a Prussian officer,
aid-de-camp to Frederick the Great, and lieutenant-general in the army
of that distinguished commander. He arrived in America in 1777; soon
after which, he was made inspector-general, with the rank of
major-general. He established a uniform system of manœuvres; and, by
his skill and persevering industry, effected, during the continuance
of the troops at Valley Forge, a most decided improvement in all ranks
of the army. He was a volunteer in the action at Monmouth, and
commanded in the trenches at Yorktown on the day which concluded the
struggle with Great Britain. He died at Steubenville, New York,
November 28th, 1794, aged sixty-one years.
"When the army was disbanded, and the old soldiers shook hands in
farewell, Lieutenant-colonel Cochran, a Green-mountain veteran, said:
'For myself, I could stand it; but my wife and daughters are in the
garret of that wretched tavern, and I have no means of removing them,'
'Come,' said the baron, 'I will pay my respects to Mrs. C. and her
daughters.' And when he left them, their countenances were brightened;
for he gave them all he had to give. This was at Newburg. On the wharf,
he saw a poor wounded black man, who wanted a dollar to pay for his
passage home. Of whom the baron borrowed the dollar, it is not known;
but he soon returned; when the negro hailed the sloop, and cried: 'God
bless you, master baron!' The state of New Jersey gave him a small farm.
New York gave him sixteen thousand acres in Oneida county; a pension of
twenty-five hundred dollars was also given him. He built him a log
house at Steubenville, gave a tenth-part of his land to his aids and
servants, and parceled out the rest to twenty or thirty tenants. His
library was his chief solace. Having but little exercise, he died of
apoplexy. Agreeably to his request, he was wrapped in his cloak, and
buried in a plain coffin, without a stone. He was a believer in Jesus
Christ, and a member of the Reformed Dutch Church, New York."
COUNT ROCHAMBEAU.
Jean Baptiste Donatien de Vimeur, Comte de Rochambeau, marshal of
France, was born at Vendome in 1725. At the age of sixteen he entered
the army, and served in Germany, under Marshal Broglio. In 1746, he
became aid to Louis Philip, Duke of Orleans. In 1780, having been made
lieutenant-general, he was sent with an army of six thousand men to
the assistance of the United States of America. On reaching the place
of his destination, he landed in Rhode Island, and soon after acted in
concert with Washington, first against Clinton in New York, and then
against Cornwallis, rendering important services at the siege of
Yorktown, which were rewarded by a present of two cannon taken from
Lord Cornwallis. After the Revolution, Rochambeau was raised to the
rank of a marshal by Louis XVI., and received the command of the army
of the north. He was soon superseded by more active officers, and
being calumniated by the popular journalists, he addressed to the
legislative assembly a vindication of his conduct. A decree of
approbation was consequently passed in May, 1792, and he retired to
his estate near Vendome, with a determination to interfere no more
with public affairs. He was subsequently arrested, and narrowly
escaped suffering death under the tyranny of Robespiere. In 1803, he
was presented to Buonaparte, who in the following year gave him a
pension and the cross of grand officer of the legion of honor. His
death took place in 1809.--_Encyclopedia Americana_.
COUNT D'ESTAING.
Charles Henry, Count d'Estaing, admiral and lieutenant-general of the
armies of France, before the Revolution, was a native of Ravel, in
Auvergne, and was descended from an ancient family in that province.
Count d'Estaing commenced his career by serving in the East Indies,
under Lally, when he was taken prisoner, and sent home on his parole.
Having engaged in hostilities again before he was regularly exchanged,
he was taken a second time, and imprisoned at Portsmouth. During the
American war, he was employed as vice-admiral.
At the capture of the isle of Grenada, he distinguished himself; but on
every occasion he showed more courage than conduct or professional
skill. He promoted the Revolution, and in 1789, he was appointed a
commander of the National Guards at Versailles. In 1791, he addressed to
the national assembly a letter full of protestations of attachment to
the constitution, on the occasion of the approaching trial of the king.
He suffered under the guillotine in 1793, as a counter-revolutionist, at
the age of sixty-five.
[Illustration]
FOOTNOTE:
[53] Hartley was considered a tedious speaker on account of his
prolixity. But he was a friend to America, and often told the ministers
some very unwelcome truths. The following good story is told of him: One
afternoon, Jenkinson, the first Lord Liverpool, left the house when the
member from Hull rose to speak; and presuming that the honorable
gentleman would, as usual, deliver a very long, dull speech, he walked
home, mounted his horse, and rode to his country-house, where he dined;
and, after strolling for some time about his grounds, returned at a
gentle pace to town. On his arrival at home, he sent a messenger to the
house to ascertain what had been done, and how soon the division might
be expected to take place. The reply he received was, that Mr. Hartley
had not yet done speaking; and when Jenkinson, at length, thought it
advisable, in order to be in time for voting, to go down to Westminster,
he found the long-winded orator still on his legs!
V. FEDERAL CONSTITUTION.
[Illustration: GOVERNMENTS]
ORIGINAL Governments of the Colonies--Union between them--Plan
proposed by Dr. Franklin--First Congress--Congress of
'74--Confederation--Defects of it--Convention of States proposed
by Virginia--Commissioners from five States meet at
Annapolis--Powers too limited to act--Recommend a General
Convention of States--Delegates appointed--Convention meets at
Philadelphia--Decides to form a new Constitution--Draft
prepared--Discussed--Adopted--Speech of Dr. Franklin--Constitution
signed--Adopted by the several States--Amendments--States admitted
since the adoption--Remarks on the Constitution.
The several colonies established in America had governments which varied
according as they were charter, proprietary, or royal, which were the
three forms of government existing in America prior to the Revolution.
In certain particulars, they differed from each other as classes, and
the classes differed as individuals. But for a series of years there
existed no general political association, or bond of union among them.
As early, however, as 1643, the New England colonies, Massachusetts,
Plymouth, Connecticut, and New Haven, entered into a perpetual alliance,
offensive and defensive, for mutual protection against the claims of
their Dutch neighbors, and the assaults of their Indian foes. By the
articles of this confederation, the jurisdiction of each colony within
its own borders was to be exclusive; on the occurrence of war, each one
was to furnish its quota of men and provisions, according to its
population; and two commissioners from each colony were to hold an
annual meeting to decide on all matters of general interest. With some
alterations, this confederacy existed more than forty years; it was
dissolved only in 1686, when the charters of the New England colonies
were vacated by a commissioner from James II. This union was productive
of many advantages to the colonies. Besides preserving a mutual good
understanding among them, and thus preventing encroachments upon one
another's rights, assistance was rendered in their wars with the
Indians; without which, it is probable that the more feeble would have
been broken up.
In 1754, an attempt at union was made on a more extensive scale. The
plan originated in a call from the lords commissioners for trade and
the plantations, and consisted of deputies from the New England
provinces, New York, Pennsylvania, and Maryland. The congress met at
Albany. The object proposed by the commissioners was to consider the
best means of defence in case of a war with France, and particularly
to form an alliance with the Six Nations. Governor Shirley, of
Massachusetts, availing himself of the occasion, proposed to the
several governors that the delegates should be instructed on the
subject of a _general union_ or _confederation_. This meeting with
general approbation, the delegates were so instructed. A plan of
union, prepared by Dr. Franklin, was discussed, and substantially
adopted--the delegates from Connecticut dissenting.[54] But it
received the approbation neither of the colonies nor of the king's
council; not by the first, because it was supposed to give too much
power to the president-general, who was to be the king's
representative; nor by the latter, because too much power was supposed
to be given to the representatives of the people.
The foregoing plan having failed, no other attempt at union was made
for several years. At length, in 1765, in consequence of the passing
of the stamp act by parliament, and other grievances, the assembly of
Massachusetts in June of that year adopted the following resolution:
"That it is highly expedient there should be a meeting, as soon as may
be, of committees from the houses of representatives or burgesses, in
the several colonies, to consult on the present circumstances of the
colonies, and the difficulties to which they are and must be reduced,
and to consider of a general congress, to be held at New York, the
first Tuesday of October. A letter was prepared, to be sent to the
several speakers, and a committee was chosen for Massachusetts."
In consequence of the proceedings under this recommendation, "on the
7th of October, a congress, consisting of twenty-eight delegates from
the assemblies of Massachusetts, Rhode Island and Providence
Plantations, Connecticut, New York, New Jersey, Pennsylvania, the
Delaware counties, Maryland, and South Carolina, convened in the city
of New York, and Timothy Ruggles, of Massachusetts, was chosen
president. The first measure of the congress was a declaration of the
rights and grievances of the colonists. They were declared to be
entitled to all the rights and liberties of natural-born subjects
within the kingdom of Great Britain; among the most essential of which
are, the exclusive power to tax themselves, and the privileges of a
trial by jury. The grievance chiefly complained of was the act
granting certain stamp duties and other duties in the British
colonies, which, by taxing the colonies without their consent, and by
extending the jurisdiction of courts of admiralty, was declared to
have a direct tendency to subvert their rights and liberties. A
petition to the king, and a memorial to each house of parliament,
were also agreed on; and it was recommended to the several colonies to
appoint special agents, who should unite their utmost endeavors in
soliciting redress of grievances. The assemblies of Virginia, North
Carolina, and Georgia, were prevented, by their governors, from
sending representatives to the congress; but they forwarded petitions
to England, similar to those appointed by that body."[55]
In 1774, the grievances of the colonies still continuing, and having
been increased by the open assertion of Great Britain of the justice of
her pretensions, another congress was assembled at Philadelphia, which
consisted of delegates from eleven colonies. In this congress, each
colony had one vote. Their principal acts consisted of a declaration of
rights, and in spirited addresses to the people of British America and
Great Britain, together with a recommendation to the colonies to adopt
resolutions of non-importation, non-exportation, and non-consumption.
The resolutions of this congress received the general sanction of the
provincial congress and of the colonial assemblies. Their power was
merely advisory; "yet their recommendations," says Dr. Holmes, "were
more generally and more effectually carried into execution by the
colonies than the laws of the best-regulated state."
But the dissuasive measures adopted by this congress having no effect on
the king and his ministers, another congress followed in 1775, "whose
pacific efforts to bring about a change in the views of the other party
being equally unavailing, and the commencement of actual hostilities
having, at length, put an end to all hope of reconciliation, the
congress finding, moreover, that the popular voice began to call for an
entire and perpetual dissolution of the political ties which had
connected them with Great Britain, proceeded on the memorable 4th of
July, 1776, to declare the thirteen colonies _independent states_.
"During the discussions of this solemn act, a committee, consisting
of a member from each colony, had been appointed to prepare and digest
a form of confederation for the future management of the common
interest, which had, hitherto, been left to the discretion of
congress, guided by the exigencies of the contest, and by the known
intentions, or occasional instructions of the colonial legislatures.
"It appears that as early as the 21st of July, 1775, a plan, entitled
'Articles of Confederation and _perpetual_ union of the Colonies,' had
been sketched by Dr. Franklin, the plan being on that day submitted by
him to congress; and though not copied into their journals, remaining
on their files in his hand-writing. But, notwithstanding the term
'perpetual,' observed in the title, the articles provided expressly
for the event of a return of the colonies to a connection with Great
Britain.
"This sketch became a basis for the plan reported by the committee on
the 12th of July, now also remaining on the files of congress, in the
hand-writing of Mr. Dickinson. The plan, though dated after the
Declaration of Independence, was probably drawn up before that event;
since the name of colonies, not states, is used throughout the
draught. The plan reported was debated and amended from time to time,
till the 17th of November, 1777, when it was agreed to by congress,
and proposed to the legislatures of the states, with an explanatory
and recommendatory letter. The ratifications of these, by their
delegates in congress, duly authorized, took place at successive
dates; but were not completed till the 1st of March, 1781; when
Maryland, who had made it a prërequisite that the vacant lands
acquired from the British crown should be a common fund, yielded to
the persuasion that a final and formal establishment of the federal
union and government would make a favorable impression, not only on
other foreign nations, but on Great Britain herself."[56]
Under this confederation, the country went through the war. Fortunate
it was, however, that the war terminated when it did, as the "rope of
sand," as the confederation was called, would probably have served as
a bond of union but a few years longer. Indeed, it had received the
cordial approbation of none of the colonies--while some of them had,
at length, acceded to it rather from necessity than choice.
"The principal difficulties which embarrassed the progress and
retarded the completion of the plan of confederation," says Mr.
Madison, "may be traced to--first, the natural repugnance of the
parties to a relinquishment of power; secondly, a natural jealousy of
its abuse in other than hands their own; thirdly, the rule of suffrage
among parties whose inequality in size did not correspond with that of
their wealth, or of their military or free population; fourthly, the
selection and definition of the powers, at once necessary to the
federal head, and safe to the several members.
"To these sources of difficulty, incident to the formation of all such
confederacies, were added two others, one of a temporary, the other of
a permanent nature. The first, was the case of the crown-lands, so
called, because they had been held by the British crown; and being
ungranted to individuals, when its authority ceased, were considered
by the states within whose charters or asserted limits they lay, as
devolving on them; while it was contended by the others, that, being
wrested from the dethroned authority by the equal exertions of all,
they resulted of right and in equity to the benefit of all. The lands,
being of vast extent, and of growing value, were the occasion of much
discussion and heart-burning, and proved the most obstinate of the
impediments to an earlier consummation of the plan of the federal
government. The state of Maryland, the last that acceded to it, firmly
withheld her assent, till the 1st of March, 1781; and then yielded
only in the hope that, by giving a stable and authoritative character
to the confederation, a successful termination of the contest might
be accelerated. The dispute was happily compromised, by successive
surrenders of portions of the territory by the states having exclusive
claims to it, and acceptances of them by congress.
"The other source of dissatisfaction was the peculiar situation of
some of the states, which, having no convenient ports for foreign
commerce, were subject to be taxed by their neighbors, through whose
ports their commerce was carried on. New Jersey, placed between
Philadelphia and New York, was likened to a cask tapped at both ends;
and North Carolina, between Virginia and South Carolina, to a patient
bleeding at both arms. The Articles of Confederation provided no
remedy for the complaint; which produced a strong protest on the part
of New Jersey, and never ceased to be a source of discord, until the
new constitution superseded the old.
"But the radical infirmity of the Articles of Confederation was the
dependence of congress on the voluntary and simultaneous compliance with
its requisitions by so many independent communities, each consulting,
more or less, its particular interests and convenience, and distrusting
the compliance of the others. While the paper emissions of congress
continued to circulate, they were employed as a sinew of war, like gold
and silver. When that ceased to be the case, and the fatal defect of the
political system was felt in its alarming force, the war was merely kept
alive, and brought to a successful conclusion, by such foreign aids and
temporary expedients as could be applied; a hope prevailing with many,
and a wish with all, that a state of peace, and the sources of
prosperity opened by it, would give to the confederacy, in practice, the
efficiency which had been inferred in theory."
The close of the war brought no adequate relief. The wealth of the
country was exhausted. Congress had no funds, and no means of raising
money for the discharge of arrears of pay due to the soldiers of the
Revolution, but by an appeal to the legislative assemblies of the
several states. Even for their own maintenance, they were dependent
upon the assemblies. The legislatures themselves often knew not what
to do.
"The distress of the inhabitants was continually on the increase; and
in Massachusetts, where it was most felt, an insurrection of a serious
character was the consequence. Near the close of the year 1786, the
populace assembled, to the number of two thousand, in the
north-western part of the state, and, choosing Daniel Shays their
leader, demanded that the collection of debts should be suspended, and
that the legislature should authorize the emission of paper money for
general circulation. Two bodies of militia, drawn from those parts
where dissatisfaction did not prevail, were immediately dispatched
against them, one under command of General Lincoln, the other of
General Shepard. The disaffected were dispersed with less difficulty
than had been apprehended, and, abandoning their seditious purposes,
adopted the proffered indemnity of the government.
"The time, at length, came, when the public mind gave tokens of being
prepared for a change in the constitution of the general
government--an occurrence, the necessity of which had long been
foreseen by Washington and most of the distinguished patriots of that
period. Evil had accumulated upon evil, till the mass became too
oppressive to be endured, and the voice of the nation cried out for
relief. The first decisive measures proceeded from the merchants, who
came forward almost simultaneously in all parts of the country, with
representations of the utter prostration of the mercantile interests,
and petitions for a speedy and efficient remedy. It was shown, that
the advantages of this most important source of national prosperity
were flowing into the hands of foreigners, and that the native
merchants were suffering for the want of a just protection and a
uniform system of trade. The wise and reflecting were convinced that
some decided efforts were necessary to strengthen the general
government, or that a dissolution of the union, and perhaps a
devastating anarchy, would be inevitable."[57]