CHAPTER X.

WASHINGTON BEGINS HIS OFFICIAL LABORS--THE FOREIGN AND DOMESTIC

RELATIONS OF THE UNITED STATES--DANGEROUS ILLNESS OF THE

PRESIDENT--PUBLIC ANXIETY AND HIS OWN CALMNESS--SLOW

CONVALESCENCE--DEATH OF WASHINGTON'S MOTHER--PROCEEDINGS IN CONGRESS

IN REFERENCE TO REVENUE, THE JUDICIARY AND EXECUTIVE

DEPARTMENTS--DEBATES CONCERNING THE APPOINTING POWER--AMENDMENTS OF

THE CONSTITUTION--ESTABLISHMENT OF THE JUDICIARY--WASHINGTON'S

APPOINTMENT OF CABINET AND JUDICIAL OFFICERS--ADJOURNMENT OF

CONGRESS--THANKSGIVING-DAY APPOINTED.

With a most earnest desire to be a faithful public servant, Washington

commenced his labors as soon as possible after the inauguration. His

first care was to make himself acquainted with the exact condition of

his country; and for that purpose he personally inspected all of the

most important official documents issued since the establishment of the

Confederacy, and called, unofficially, upon the heads of the several

departments to report, in writing, the condition of things connected

with the operations of their respective bureaux. In this pursuit he

labored almost incessantly, examining with care the archives of the

departments, making notes of important foreign correspondence, and

collating his garnered facts so as to make them most convenient for use.

The foreign relations of the United States were, on the whole,

satisfactory. With the exception of England, the feeling of the European

powers toward the new republic was friendly. The resentments caused by

the long war with the mother-country were blunted, but by no means

deprived of their strength; and the fact that the British government

still held possession of western posts, in violation of treaty

stipulations, to which allusion has already been made, was a cause of

much irritation on the part of the Americans. And this was increased, as

we have observed, by the supposed malign influence of British officers

over the tribes of Indians between the lakes and the Ohio and

Mississippi rivers, whose military strength was computed at five

thousand warriors, one third of whom were, at the time in question,

standing in open hostility to the United States. In the far southwest,

the powerful Creeks, six thousand strong, were at war with Georgia,

while the entire regular force of the United States did not exceed six

hundred men.

We have already alluded to the relative position of the Spaniards in the

southwest, and their disposition to exclude the Americans from the

navigation of the southern Mississippi to its mouth. An attempt to open

that navigation by treaty had failed; and there was an almost

undefinable boundary-line between the Spanish possessions and those of

the United States, about which a dispute had arisen that threatened

unpleasant relations with Spain.

France, the old ally of the new republic, was still friendly; but its

government was then shaken by a terrible revolution just commenced, in

which Lafayette took a conspicuous part. Of this we shall speak

hereafter.

Up to the time in question, the representatives of France in America had

exhibited the most friendly disposition. Count de Moustier, the

successor of the Chevalier de Luzerne, was assiduous in his attentions;

and Washington had scarcely commenced the exercise of his executive

functions, before that embassador, who had been more than a year in the

country, sought a private interview with him, preparatory, as he said,

to diplomatic negotiations concerning the commerce between the two

nations. He was anxious to secure for his country superior advantages in

commercial arrangements, and seemed to feel that France, as an ally, was

entitled to more consideration than other nations. Washington

reciprocated his expressions of friendship, gave him assurance of the

most friendly feeling toward France on the part of the people and

government of the United States; but, with a wise caution, did not

commit himself to any future policy in regard to commercial or other

intercourse with the nations of Europe.

While zealously engaged in his public duties, Washington was prostrated

by violent disease, in the form of malignant anthrax or carbuncle boil

upon his thigh, and for several days his life was seriously jeoparded.

Fortunately for himself and the republic, there was a physician at hand,

in the person of Doctor Samuel Bard, by whose well-directed skill his

life was spared. While the malady was approaching its crisis, Doctor

Bard never left his patient, but watched the progress of the disease

with the greatest anxiety. On one occasion, when they were alone in the

room, Washington, looking earnestly in the doctor's face, said: "Do not

flatter me with vain hopes; I am not afraid to die, and therefore can

bear the worst." Bard replied with an expression of hope, but with an

acknowledgment of apprehension. To this the president calmly answered:

"Whether to-night or twenty years hence makes no difference--I know that

I am in the hands of a good Providence."

While Washington was so calm under his severe affliction--for his

sufferings were intense--the public mind was greatly agitated upon the

subject of his illness; for momentous interests were suspended upon the

result of the disease. Every hour, anxious inquiries were made at the

presidential mansion. People listened with the most intense concern to

every word that was passed from the lips of the physician to the public

ear; and there was a sense of great relief when his convalescence was

announced. But his recovery was very slow. On the twenty-eighth of July

he was enabled for the first to receive a few visits of compliment,

notwithstanding he had considered his health as restored three weeks

earlier. "But," he wrote to Mr. M'Henry, "a feebleness still hangs upon

me, and I am much incommoded by the incision which was made in a very

large and painful tumor on the protuberance of my thigh. This prevents

me from walking or sitting. However, the physician assures me it has had

a happy effect in removing my fever, and will tend very much to the

establishment of my general health." As late as the eighth of September

he wrote to Doctor Craik, saying:

"Though now freed from pain, the wound given by the incision is not

yet healed."

Before he had fairly recovered, the president heard of the death of his

mother, who expired at Fredericksburg, on the twenty-fifth of August, at

the age of little more than eighty-two years, forty-six of which she had

passed in widowhood. The event was touchingly alluded to in the pulpits

of New York; and at the first public _levees_ of the president, after

her death was known, members of the two houses of Congress and other

persons wore badges of mourning.

When Washington had fully recovered, he resumed his labors for the

public good with the greatest ardor. The Congress had been chiefly

employed, meanwhile, in framing laws necessary to the organization of

the government. The most important of these, in the senate, was an act

for the establishment of a judiciary, and in the house of

representatives an act providing a revenue by an imposition of

discriminating duties upon imports. The latter subject had received the

earliest attention of the house, for, in the condition in which the new

government found the national finances, it was an all-important one. Mr.

Madison brought it to the attention of Congress, only two days after the

inauguration, by a suggestion, in the first committee of the whole on

the state of the Union, to adopt a temporary system of imposts, by which

the exhausted treasury might be replenished. Upon the questions which

this proposition gave birth to, long and able debates ensued, in which

the actual state of the trade, commerce, and manufactures of the country

were quite fully developed. From the published reports of these debates

Washington collated a mass of facts which aided him much in his future

labors, and in drawing conclusions concerning public measures. An act

for the collection of revenue through the medium of imposts was finally

passed, and the principle was recognised of discriminating duties for

the protection of American manufactures. The plan then adopted became

the basis of our present revenue system.

Another important question that engaged Congress during its first

session was the establishment of executive departments, the heads of

which should be the counsellors and assistants of the president in the

management of public affairs. Hitherto these functions had been

performed by those officers who had been appointed, some of them several

years before, by Congress under the old Confederation. John Jay had been

secretary for foreign affairs (an equivalent to secretary of state)

since 1784; General Knox had been at the head of the war department

since the close of 1783, when he succeeded General Lincoln; and the

treasury department was still managed by a board, at that time

consisting of Samuel Osgood, Walter Livingston, and Arthur Lee.

Congress established three executive departments--treasury, war, and

foreign affairs (the latter afterward called department of state)--the

heads of which were to be styled secretaries, instead of ministers as in

Europe, and were to constitute, with the president of the United States,

an executive council. In the organization of these departments, the

important question arose, in what manner might the high officers who

should fill them be appointed or removed? Many believed that the

decision of this question would materially influence the character of

the new government; and the clause in the act to "establish an executive

department to be denominated the department of foreign affairs," which

declared the secretary thereof to be removable by the president, was

debated with great warmth. It was contended that such a prerogative

given to the president was in its character so monarchical that it

would, in the nature of things, convert the heads of departments into

mere tools and creatures of his will; that a dependence so servile on

one individual would deter men of high and honorable minds from engaging

in the public service; and that the most alarming dangers to liberty

might be perceived in such prerogative. It was feared, they said, that

those who advocated the bestowment of such power upon the president were

too much dazzled with the splendor of the virtues which adorned the then

incumbent of the office; and that they did not extend their views far

enough to perceive, that an ambitious man at the head of the government

might apply the prerogative to dangerous purposes, and remove the best

of men from office.

The idea that a man could ever be elected by the people of the United

States to the office of chief magistrate, who was so lost to a sense of

right, and so indifferent to public odium, as to remove a good man from

office, was treated by the opposite party as absurd; and after a

discussion which lasted several days, it was decided to give the

removing power to the president, the action of the senate being

necessary only in the matter of appointment.

Another important matter acted upon during the first session of Congress

was that of amending the constitution. It was brought to the attention

of the national legislature in the president's inaugural speech; for he

conceived that the amendments which had been proposed by the minorities

in the several state conventions called to consider the constitution,

deserved the careful consideration of those in authority, not only

because of the nature of the propositions, but because such a

consideration might be productive of good will toward the government,

even in the minds of its opponents.

Mr. Madison brought the subject before Congress, pursuant to pledges

which he found himself compelled to give in the Virginia convention in

order to secure the ratification of the constitution. These amendments

amounted in the aggregate to no less than one hundred and forty-seven,

besides separate bills of rights proposed by Virginia and New York. Some

of them, made in different states, were identical in spirit, and

sometimes in form; and yet, it is worthy of remark that not one of these

proposed amendments, judged by subsequent experience, was of a vital

character. How well this fact illustrates the profound wisdom embodied

in our constitution!

Sixteen amendments were finally agreed to by Congress and submitted to

the several state legislatures. Ten of these were subsequently ratified,

and now form a part of the federal constitution. This early action of

Congress in deference to the opinions of minorities in the several

states had a most happy effect. It reconciled many able men to the new

government, and gave it strength at an hour when it was most needed.

The senate, meanwhile, had adopted measures for the establishment of a

federal judiciary. A plan embodied in a bill drafted by Ellsworth, of

Connecticut, was, after several amendments, concurred in by both houses.

By its provisions, the judiciary as established consisted of a supreme

court, having one chief justice and five associate justices, who were to

hold two sessions annually at the seat of the federal government.

Circuit and district courts were also established, which had

jurisdiction over certain specified cases. Appeals from these lower

courts to the supreme court of the United States were allowed, as to

points of law, in all civil cases where the matter in dispute amounted

to two thousand dollars. A marshal was to be appointed for each

district, having the general power of a sheriff, who was to attend all

courts, and was authorized to serve all processes. A district attorney,

to act for the United States in all cases in which the federal

government might be interested, was also to be appointed for each

district. Such, in brief outline and in general terms, was the federal

judiciary organized at the commencement of the government, and which is

still in force, with slight modifications.

The government being completely organized by acts of Congress, and a

system of revenue for the support of the government being established,

Washington proceeded to the important duty of filling the several

offices which had been created. This was a most delicate and momentous

task, for upon a right choice, especially in the heads of the executive

departments, depended much of the success of his administration. He had

contemplated the subject with much deliberation, and when the time came

for him to act he was fully prepared.

At that time the post of secretary of the treasury was the most

important of all. Everything pertaining to the finances of the country

was in confusion, and needed a skillful hand in re-arranging and

systematizing the inharmonious and incoherent fiscal machinery, so as to

ascertain the actual resources of the treasury, and to adopt measures

for restoring the credit of the country upon a basis of perfect

solvency. "My endeavors," Washington wrote before he assumed the office

of chief magistrate, "shall be unremittingly exerted, even at the hazard

of former fame or present popularity, to extricate my country from the

embarrassments in which it is entangled through want of credit."

To Robert Morris, the able financier of the Revolution, Washington

turned with a feeling that he was the best man for the head of the

treasury department. Immediately after his inauguration, he inquired of

Morris: "What are we to do with this heavy debt?" "There is but one man

in the United States," replied Morris, "who can tell you--that is

Alexander Hamilton. I am glad," he added, "that you have given me this

opportunity to declare to you the extent of the obligations I am under

to him."

This hint determined Washington to offer the important position of

secretary of the treasury to Hamilton. At the beginning of his

administration he gave that gentleman assurances that he should call him

to his cabinet in that capacity; and he frequently consulted him in

reference to fiscal matters and cognate subjects during the summer. And

when, in September, the office was formally tendered to Hamilton, he

accepted it, although it was at the sacrifice of the emoluments of a

lucrative profession. Some of his friends remonstrated with him on that

account, because it would not be just to his growing family. "Of that I

am aware," the patriot replied; "but I am convinced it is the situation

in which I can do most good." He entered upon the duties of his office

almost immediately, with a full assurance that he should perform what he

had often expressed a belief that he could do--the restoration of the

public credit.

General Henry Knox, the efficient leader of the artillery during the

Revolution, the sincere friend of Washington, and a prudent,

industrious, faithful, and honest man, was retained in the office of

secretary of war.

To Edmund Randolph, Washington offered the responsible position of

attorney-general of the United States. They had differed materially in

their opinions concerning the federal constitution, and it will be

remembered that Randolph refused to sign it; but he had in a great

degree become reconciled to the measure; and at no time was the

friendship between himself and Washington interrupted by their diversity

of political sentiments. Washington knew Randolph's great worth and

eminent abilities, and urged him to accept the office. He complied, and

some months afterward entered upon its duties.

John Jay, one of the brightest minds of the remarkable century in which

he lived, and an acute lawyer, was chosen to fill the office of chief

justice of the United States. "I have a full confidence," wrote

Washington to Mr. Jay, "that the love which you bear to our country, and

a desire to promote the general happiness, will not suffer you to

hesitate a moment to bring into action the talents, knowledge, and

integrity, which are so necessary to be exercised at the head of that

department which must be considered the keystone of our political

fabric."

Mr. Jay accepted the office; and for his associates on the bench, the

president selected William Cushing, then chief justice of Massachusetts;

James Wilson, of Pennsylvania, a very conspicuous member of the general

convention of 1787; Robert H. Harrison, then chief justice of Maryland,

who during a large portion of the war for independence had been one of

Washington's most loved confidential secretaries; John Blair, one of the

judges of the court of appeals in Virginia; and John Rutledge, the bold,

outspoken patriot of South Carolina. Harrison declined, and James

Iredell, of North Carolina, was substituted.

The office of secretary of state remained to be filled. To that

important post the president invited Thomas Jefferson, whose long and

varied experience in public affairs at home and abroad thoroughly

qualified him for the duties of that office. He was then the minister

plenipotentiary of the United States at the French court, having

succeeded Doctor Franklin. He had obtained leave to return home for a

few months. He sailed from Havre to England late in September, and

embarked from Cowes for America. He landed at Norfolk on the

twenty-third of November; and on his way to Monticello, his beautiful

seat near Charlottesville in Virginia, he received a letter from

Washington, dated the thirteenth of October, in which he was invited to

a seat in the cabinet as secretary of state. "In the selection of

characters," the president said, "to fill the important offices of

government, I was naturally led to contemplate the talents and

disposition which I knew you to possess and entertain for the service of

your country; and without being able to consult your inclination, or to

derive any knowledge of your intentions from your letters either to

myself or to any of your friends, I was determined, as well by motives

of private regard as a conviction of public propriety, to nominate you

for the department of state, which, under its present organization,

involves many of the most interesting objects of the executive

authority."

Mr. Jefferson, who had become enamored with the leaders and the

principles of the French revolution then just inaugurated by the

destruction of the Bastile and other acts, preferred to remain in

Europe; but, yielding to the wishes of the president, he signified his

willingness to accept the office. He was fearful that he would not be

equal to the requirements of the station; but, he said, "my chief

comfort will be to work under your eye, my only shelter the authority of

your name, and the wisdom of measures to be dictated by you and

implicitly executed by me."

The office of secretary of the navy was not created until early in 1798,

when war with France was anticipated. A navy was then formed, and a

naval department established; and at the close of April, Benjamin

Stoddart, of Georgetown, in the District of Columbia, was appointed the

secretary, and became a cabinet officer. The postmaster-general did not

become an executive officer until 1829, the first year of President

Jackson's administration, when William T. Barry entered the cabinet as

the head of the post-office department. Since then a new department has

been established, called the department of the interior, the head of

which is a cabinet officer.

The Congress adjourned on the twenty-ninth of September, after a session

of more than six months, to meet again on the first Monday in January.

Their last act was to appoint a joint committee to wait on the president

and "request that he would recommend to the people of the United States

a day of public thanksgiving and prayer, to be observed by acknowledging

with grateful hearts the many and signal favors of Almighty God,

especially by affording them an opportunity peacefully to establish a

constitution of government for their safety and happiness."

The president complied, and by proclamation he recommended that the

twenty-sixth of November "be devoted by the people of these states to

the service of that great and glorious Being who is the beneficent

Author of all the good that was, that is, or that will be; that we may

thus all unite in rendering unto Him our sincere and humble thanks for

his kind care and protection of the people of this country previous to

their becoming a nation; for the signal and manifold mercies, and the

favorable interpositions of his providence, in the course and conclusion

of the late war; for the great degree of tranquillity, union, and

plenty, which we have since enjoyed; for the peaceable and rational

manner in which we have been enabled to establish constitutions of

government for our safety and happiness, and particularly the national

one now recently instituted; for the civil and religious liberty with

which we are blessed, and the means we have of acquiring and diffusing

useful knowledge; and, in general, for all the great and various favors

which He has been pleased to confer upon us."

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