Soldier-Statesmen of the 

Constitution 

by 

Robert K. Wright, Jr. 

and 

Morris J. MacGregor, Jr. 

Center of Military History 

United States Army 

Washington, D.C., 1987 
ii 

US. Army Center of Military History 

Brig. Gen. William A. Stofft, Chief of Military History 

Chief Historian 

Chief, Histories Division 

Editor in Chief 

David F. Trask 

Lt. Col. Richard 0. Perry 

John W. Elsberg 

Library of Congress Cataloging in Publication Data 

Wright, Robert K., 1946-

Soldier-statesmen of the Constitution. 

(Army historical series) 

Bibliography: p. 

1. United States- Constitution-Signers- Biography. 

2. Statesmen- United States-Biography. 3. United 

States. Army- Biography. 4. Soldiers- United StatesBiography. 5. United States-Politics and government1783- 1789. I. MacGregor, Morris J., 1931-

II. Title. III. Series 

E302.5.W85 1987 973.3'092'2 

First Printing-CMH Pub 71- 25 

87- 1353 

For sale by the Superintendent of Documents, U.S. Government Printing Office 

Washington, D.C. 20402 
Foreword 

This volume represents an important part of the U.S. Army Center of Military History's contribution to the celebration of the Bicentennial of the Constitution. This Bicentennial, like the anniversary of the Declaration of 

Independence in 1976, is producing a resurgence of interest on the part of the 

Army, the scholarly community, and the general public in understanding the 

formation of our republic and the principles on which it is based. 

The mission of the Center of Military History is very explicit in such matters. 

In part, we are to "serve the Army and the nation by ensuring the complete and 

appropriate use of military historical experience relevant to professional issues 

of today and tomorrow." To mark the Bicentennial of the Declaration of Independence, we produced five volumes on the role of the Army in the Revolution. 

In 1987, through this volume and a series of lectures and brochures, we are 

taking a systematic look at the evolution of the role of the U.S. military as 

defined by the Constitution, focusing in particular on the individual parts 

played by key Revolutionary War veterans-the Soldier-Statesmen- in the shaping and elaboration of that role. 

Today's servicemen and women can hear a special resonance in the stirring 

words of the Constitution's Preamble. They are the inheritors of the responsibility to serve the government of the people by providing for the common 

defense, a responsibility that closely binds them to the intentions of the SoldierStatesmen of two hundred years ago who penned those words. 

The Constitution is revered by all of us, but no more so than by the men and 

women in uniform who have given their solemn oath to "defend the Constitution against all enemies, foreign and domestic." To them especially we dedicate 

this book, with the hope that it will strengthen their devotion to the Constitution and increase their appreciation for the contribution made by their military 

forebears, not only to independence but also to the art of governance. 

Washington, D.C. 

5 February 1987 

WILLIAM A. STOFFT 

Brigadier General, USA 

Chief of Military History 

iii 

Preface 

This book was written to explore the contribution of Revolutionary War 

veterans to the founding of the American republic. By veterans, we mean all 

those who served in the Continental and state forces, on land or sea. 1Wentythree of those veterans were among the men who signed the Constitution in 

Philadelphia on 17 September 1787. That document, as the eminent American 

historian Samuel Eliot Morison put it, is "a work of genius, since it set up what 

every earlier political scientist had thought impossible, a sovereign union of 

sovereign states. This reconciling of unity with diversity, this practical application of the federal principle, is undoubtedly the most original contribution of 

the United States to the history and technique of human liberty." 

We fully agree with Admiral Morison's eloquent assessment, and the following pages attempt to demonstrate how the Founding Fathers, especially those 

who had fought to gain the nation's independence, produced this singular work 

of genius. A central element of that genius was evident in the Constitution's 

careful delineation of the functions of the military in a democratic republic. In 

stark contrast to the actions of soldiers in many other revolutions, America's 

military leadership never sought to usurp power. We hope that this volume 

sheds some light on that phenomenon. 

The creation of a new government did not end with the ratification of the 

Constitution. Most of the twenty-three veterans who signed that document, 

along with hundreds of their comrades, went on to serve their country and 

states at the highest political levels. Their careers provided us with the general 

thesis of our work: that the veterans of the Revolutionary War formed a human 

bridge between the promise of independence and the realization of representative government. 

At the heart of this book are biographical studies of the twenty-three SoldierStatesmen of the Constitution. 1Wenty-two signed as delegates; the twenty-third 

was the secretary of the Convention. Previously published in separate brochures 

by the Center of Military History as part of the Army's celebration of the 

Bicentennial, these brief biographies are included here with only minor editorial 

change. They are preceded by a general narrative survey of the period and are 

followed by summaries of the careers of the other signers of the Constitution. 

Obviously, no survey of the early republic would be complete without an account of the equally critical contributions of men such as James Madison, 

Benjamin Franklin, and William Paterson, but we must leave a fuller study of 

their role to others. We have in addition included a selection of documents, 

many from the pens of our Soldier-Statesmen, that outline the formation of 

America's military establishment, an unfolding event of singular interest and 

concern to the Founding Fathers. Except for minor deletions, as indicated, 

because of space limitations, these documents appear without any historical 

editing on our part. For those specialists who desire to consult the complete 

texts, we have included a list of the printed primary sources we used. 

v 
vi 

We have appended an account of the important Annapolis Convention of 

1786. This study was also previously published as a separate Army contribution 

to the Bicentennial. This account is followed by a number of items, including 

charts and tables, that provide specific information on the political careers of 

the Revolutionary veterans. 

Although two names appear on the spine of this volume, the work was more 

accurately a collaborative effort that used the special talents of four others as 

well. We want to acknowledge the important contribution of John W. Elsberg, 

Editor in Chief, who edited and coordinated the design of the volume; Lt. Col. 

Richard 0. Perry, Chief, Histories Division, who supervised the project and 

served as a most exacting reader; Arthur S. Hardyman, senior Visual Information Specialist, who selected and placed the art work; and Ricardo Padron, 

Junior Fellow, who researched and drafted a significant part of the Other 

Signers section. We want to thank Joycelyn M. Canery, Barbara H. Gilbert, 

Catherine A. Heerin, Cheryl A. Morai, Rae T. Panella, Linda M. Cajka, and 

Marshall T. Williams for their careful assistance. The final draft of this work 

was read and critiqued by two renowned students of the period, and we acknowledge our debt and gratitude to Dr. Richard H. Kohn, the Chief of Air 

Force History, and Dr. Robert W. Coakley, the former Deputy Chief Historian 

of the Army. Finally, we want to add a special thanks to Col. Patrick Holland, 

Deputy Chief of Military History, for his unflagging support during the months 

this volume was aborning. 

Washington, D.C. 

5 February 1987 

ROBERT K. WRIGHT, JR. 

MORRIS J. MACGREGOR, JR. 
Contents 

Page 

THE U.S. ARMY AND THE FOUNDING OF THE REPUBLIC I 

The Colonial Heritage ............................................... . 3 

The Revolutionary Experience ........................................ . 12 

The Articles of Confederation ........................................ . 25 

The Constitution .................................................... . 33 

Federalists and Jeffersonians .......................................... . 46 

SOLDIER-STATESMEN OF THE CONSTITUTION ............. . 59 

George Washington, Presiding Officer .................................. . 61 

Abraham Baldwin ................................................. . . . 64 

Richard Bassett ..................................................... . 67 

William Blount ..................................................... . 70 

David Brearly ...................................................... . 73 

Pierce Butler ....................................................... . 76 

Jonathan Dayton ................................................... . 79 

John Dickinson ..................................................... . 82 

William Few ........................................................ . 85 

Thomas Fitzsimons .............................................. . ... . 88 

Nicholas Gilman .................................................... . 91 

Alexander Hamilton ...... . .... . ..................................... . 94 

Rufus King ......................................................... . 97 

John Langdon ............... . ..................................... . . 100 

William Livingston .................................................. . 103 

James McHenry .................................................... . 106 

Thomas Mifflin ...................................... .... ..... . ..... . 109 

Gouverneur Morris .................................................. . 112 

Charles Pinckney ................. . .... . ................... . .. . . .... . 11 5 

Charles Cotesworth Pinckney ......................................... . 118 

Richard Dobbs Spaight .............................................. . 121 

Hugh Williamson ................................................... . 124 

William Jackson, Secretary ........................................... . 127 

Bibliography of Soldier-Statesmen ..................................... . 130 

OTHER SIGNERS OF THE CONSTITUTION ................... . 147 

Gunning Bedford, Jr ................................................. . 149 

John Blair ......................................................... . 150 

Jacob Broom ............. . ......................................... . 151 

Daniel Carroll ...................................................... . 152 

George Clymer ..................................................... . 153 

Benjamin Franklin .................................................. . 154 

Nathaniel Gorham .............................................. . ... . 155 

Jared Ingersoll ...................................................... . 156 

Daniel of St. Thomas Jenifer ......................................... . 160 

William Samuel Johnson ................................ . .. . . . .. . .. .. . 161 

vii 
viii 

Page 

James Madison ...................................................... 162 

Robert Morris ....................................................... 164 

William Paterson ..................................................... 166 

George Read ........................................................ 167 

John Rutledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 

Roger Sherman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 

James Wilson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 

SELECTED DOCUMENTS ........................................ 173 

The Revolutionary Years 

Resolution of the Continental Congress Adopting the Continental Army, 

14 June 1775 ..... . ...... . ....... . .... . ............................ 175 

Resolution of the Continental Congress Appointing George Washington as 

Commander in Chief of the Continental Army, 15 June 1775 . . . . . . . . . . . . . 176 

Washington's Commission as Commander in Chief of the Continental Army, 

17 June 1775 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 

Continental Congress' Declaration on the Causes and Necessity for Thking Up 

Arms, 6 July 1775 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 

The Declaration of Independence, 4 July 1776 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 

The Eighty-Eight Battalion Resolution of the Continental Congress 

Authorizing an Expanded Continental Army to Serve for the Duration of 

the War, 16 September 1776 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 

Resolutions of the Continental Congress Expanding the Continental Army and 

Extending Emergency Powers to Washington, 27 December 1776 .......... 182 

John Dickinson's Draft of the Articles of Confederation, 12 July 1776 ....... 183 

The Articles of Confederation, 1 March 1781 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 

Washington's Speech to the Officers of the Continental Army, Newburgh, New 

York, 15 March 1783 ................................................ 189 

Washington's Farewell Orders to the Armies of the United States, 

2 November 1783 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 

Washington's Address to the Continental Congress Resigning His Commission 

as Commander in Chief of the Continental Army, 23 December 1783 ...... 193 

Resolution of the Continental Congress Disbanding the Continental Army, 

2 June 1784 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 

The Peace Establishment 

George Washington, Sentiments on a Peace Establishment, 2 May 1783 193 

Alexander Hamilton, Report of a Committee to the Continental Congress on a 

Military Peace Establishment, 18 June 1783 ............................ 200 

Frederick Steuben, A Letter on the Subject of an Established Militia, and 

Military Arrangements, Addressed to the Inhabitants of the United States .. 202 

Letter, George Washington to Frederick Steuben, 15 March 1784 ............ 207 

Resolution of the Continental Congress Creating the Peace Establishment, 

3 June 1784 ....................................................... 208 

Resolution of the Continental Congress Ascertaining the Powers and Duties of 

the Secretary at War, 27 January 1785 ................................. 208 

Resolutions of the Continental Congress Renewing the Peace Establishment, 1, 

7, and 12 April 1785 ................................. . .............. 209 

Resolution of the Continental Congress Expanding the Peace Establishment, 

20 October 1786 ................................................... 210 

Resolution of the Continental Congress Renewing the Peace Establishment, 

3 October 1787 ........................................ . ........... 211 
Page 

The Constitutional Convention 

The Virginia Plan, 29- 30 May 1787 ..................................... 212 

The New Jersey Plan, 15 June 1787 ..................................... 213 

The Constitution of the United States of America, 17 September 1787 ....... 214 

Ratification 

Richard Henry Lee, "Observations leading to a fair examination of the system 

of government, proposed by the late Convention; and to several essential 

and necessary alterations in it. In a number of Letters from the Federal 

Farmer to the Republican:• 1787 ...................................... 219 

Elbridge Gerry, "Observations on the new Constitution, and on the Federal 

and State Conventions By a Columbian Patriot:' 1788 ................... 220 

Alexander Hamilton, James Madison, and John Jay, The Federalist Papers 

Number 3 (Jay) ................................... . ................ 223 

Number 24 (Hamilton) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224 

Number 25 (Hamilton) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226 

Number 26 (Hamilton) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228 

Number 28 (Hamilton) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230 

Number 29 (Hamilton) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 

The Early Republic 

An Act to establish an Executive Department to be denominated the 

Department of War, 7 August 1789 ................................... 233 

An Act to recognize and adapt to the constitution of the United States, the 

establishment of the troops raised under the resolves of the United States 

in Congress assembled and for other purposes, 29 September 1789 ........ 234 

Henry Knox, Plan for the General Arrangement of the Militia of the United 

States, 18 January 1790 ............................................. 234 

An Act for regulating the Military Establishment of the United States, 

30 April 1790 ...................................................... 241 

An Act for raising and adding another regiment to the military establishment 

of the United States, and for making farther provision for the protection 

of the frontiers, 3 March 1791 ..................... .. ................ 242 

An Act for making farther and more effectual provision for the protection of 

the frontiers of the United States, 5 March 1792 ........................ 242 

An Act supplemental to the act for making further and more effectual 

provision for the protection of the frontiers of the United States, 

28 March 1792 .......... .. ......................................... 243 

An Act to provide for calling forth the militia to execute the laws of the 

Union, to suppress insurrections and repel invasions, 2 May 1792 ......... 243 

An Act more effectually to provide for the national defense, by establishing an 

uniform militia throughout the United States, 8 May 1792 ............... 244 

An Act for raising and organizing a Corps of Artillerists and Engineers, 

9 May 1794 .................. . ................. .... ................ 245 

An Act to provide for caJling forth the militia to execute the laws of the 

Union, suppress insurrections, and repel invasions; and to repeal the act 

now in force for those purposes, 28 February 1795 .. . .......... . ..... . .. 246 

An Act to ascertain and fix the military establishment of the United States, 

30 May 1796 ....................................................... 247 

An Act authorizing the President of the United States to raise a provisional 

army, 28 May 1798 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248 

An Act supplementary to, and to amend, the Act entitled "An Act authorizing 

the President of the United States to raise a provisional armY,' 

22 June 1798 ...................................................... 250 

ix 
X 

Page 

An Act to augment the army of the United States, and for other purposes, 

16 July 1798 ....................................................... 250 

An Act giving eventual authority to the President of the United States to 

augment the army, 2 March 1799 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251 

An Act to suspend, in part, an Act, entitled "An Act to augment the army of 

the United States, and for other purposes:• 20 February 1800 ............. 252 

An Act supplementary to the Act to suspend part of an Act, entitled "An Act 

to augment the army of the United States, and for other purposes:• 

14 May 1800 ............................................... . .. .... . 252 

An Act fixing the Military Peace Establishment of the United States, 

16 March 1802 ........ .. . . ......................................... 252 

An Act making provision for arming and equipping the whole body of the 

Militia of the United States, 23 April 1808 .............. .. . .. . . .. ..... . 254 

An Act declaring war between the United Kingdom of Great Britian and 

Ireland and the dependencies thereof, and the United States of America and 

their Territories, 18 June 1812 ............................. . .... .. .... 254 

An Act fixing the Military Peace Establishment of the United States, 

3 March 1815 ...................................................... 254 

APPENDIXES ................... . .. . . . ...... . ........................ 263 

A. Annapolis Convention . .... ... ......... ..... . . ....... . ... ... 265 

B. Committee Membership of the Constitutional Convention . . 269 

C. Delegates to the Constitutional Convention Who Did Not 

Sign ........................................................ 270 

D. Statistics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272 

1. Executive Branch Members With Active Military Service in the 

Revolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272 

2. Supreme Court J ustices With Active Military Service in the 

Revolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272 

3. State Governors With Active Military Service in the Revolution ..... 272 

4. U.S. Congress Members With Active Military Service in the 

Revolution (Arranged by Congress) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273 

5. U.S. Congress Members With Active Military Service in the 

Revolution (Arranged by State) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273 

6. Soldier-Statesmen of the Early Republic . . . . . . . . . . . . . . . . . . . . . . . . . 274 

E. Amendments to the Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285 

SELECTED FURTHER READINGS ..... .... ....... .... .. . .. . . .. .... 291 

Illustrations 

George Washington as a Colonel of Virginia Provincials . . . . . . . . . . . . . . . . . . . . . 4 

"First Muster" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 

"Braddock's Defeat" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 

George III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 

Patrick Henry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 

John Hancock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 

"Stand Your Ground" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 

"The Battle of Bunker Hill" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 

Sir William Howe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 

"Sir Peter Parker's Attack Against Fort Moultrie" . . . . . . . . . . . . . . . . . . . . . . . . . . 14 

Richard Henry Lee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 
Page 

"The Signing of the Declaration of Independence" . . ............ .... ..... . . . 16 

Major General Philip Schuyler ............................... .... . .. .. . . . 17 

Major General Arthur St. Clair . . ............ . . . ............. .. ......... . 17 

''Attack on the Chew House" .. ............ . . . .......................... . 19 

Sir Henry Clinton .......................... . .......................... . 20 

Daniel Morgan ....................................................... . 21 

John Eager Howard ...... ......... ......... ... .. . . . .... . .. . ........... . 21 

"They Scrambled Up the Parapet" ............ . .......................... . 23 

"The Surrender of Cornwallis at Yorktown" ........................... . .. . 24 

John Dickinson ............................................. . ......... . 25 

Marquis de Lafayette .................................................. . 27 

Jonathan Trumbull ................................. ................ ... . 27 

Secretary at War Benjamin Lincoln .......................... .... .. . ..... . 28 

Secretary of Foreign Affairs Robert R. Livingston . . . .... . ................. . 28 

Gouverneur Morris and Robert Morris ........ .. ............... . .. .. . . ... . 30 

Annapolis, 1794 ......................................... ..... ... . ... . . 32 

"The Birch View of Philadelphia in 1800" .... ... .. . ......... . .. . ......... . 34 

James Madison ......... . ............................................. . 36 

Edmund Jennings Randolph .................. . ............... . .. . . .. ... . 36 

Roger Sherman ....................................................... . 37 

William Paterson ........ ...... . . .. .. . . ...... . . . .. .... . .. . .. . .. ........ . 37 

First Page of the Constitution ........................................... . 38 

Last Page of the Constitution Showing the Forty Signatures ...... .. .... . .. . . . 39 

Elbridge Gerry ............................................. . .......... . 40 

Benjamin Franklin ........ .. ................ . ............... .. ........ . 41 

"George Washington Addressing the Constitutional Convention" . ........... . 43 

John Jay ............................................................. . 44 

John Adams . ............................. .. ....................... .. . . 47 

Henry Knox . ...... . .................................... . .. .... .... .. . . 47 

Thomas Jefferson ........ . .... . ........ . ... ... ........................ . 48 

Aaron Burr .......................................................... . 48 

William Clark ........................................................ . 50 

"Mad" Anthony Wayne ..................... . ............... . . .. .... . .. . 51 

James Wilkinson ...................................................... . 51 

"Washington Reviewing the Western Army at Fort Cumberland, Maryland" ... . 53 

Secretary of War Henry Dearborn .............. .. ........... .. .... . ..... . 54 

"Battle of New Orleans" ............................................... . 56 

"Scene of the Signing of the Constitution of the United States" .............. . 60 

George Washington .................................................... . 62 

Abraham Baldwin ..................................................... . 65 

Richard Bassett . . ................ . ................... . .......... . .. . .. . 68 

William Blount .......... . ...... . ............ . ... . ... . ................ . 71 

David Brearly ............................................. ... ........ . 74 

Pierce Butler . ............................................... . .. . . . .. . . 77 

Jonathan Dayton . .................................................... . 80 

John Dickinson ................ ........................ ........... .... . 83 

William Few .......................................................... . 86 

Thomas Fitzsimons .................................................... . 89 

Nicholas Gilman .......................... . ........................... . 92 

Alexander Hamilton ......... .. ............. . .......................... . 95 

Rufus King ........................................................... . 98 

John Langdon ....... ..................... .... . .................... ... . 101 

William Livingston .................................................... . 104 

James McHenry ...................................................... . 107 

xi 
xii 

Thomas Mifflin 

Gouverneur Morris .................................................... . 

Charles Pinckney .............................. . ...................... . 

Charles Cotesworth Pinckney ........................................... . 

Richard Dobbs Spaight ...... .... ......... ...... . ............. . .. . ..... . 

Hugh Williamson ...................................... . .............. . 

William Jackson ...................... ... .... .. . .... . ....... ..... .. ... . 

The following illustrations appear between pages 138 and 147: 

"The Death of Warren at Bunker Hill" 

"Retreat Through the Jerseys" 

"The Capture of the Hessians at Trenton" 

"The Death of Mercer at Princeton" 

"The Battle of Germantown" 

"The Surrender of Burgoyne at Saratoga" 

Frederick von Steuben 

"The March to Valley Forge, December 19, 1777" 

Nathanael Greene 

"Guilford Court House, 15 March 1781" 

"The Siege of Yorktown" 

Comte de Grasse 

Comte de Rochambeau 

John Laurens 

Joseph Reed 

David Humphreys 

"Washington and His Generals at Yorktown" 

"The Resignation of Washington" 

The following illustrations appear between pages 156 and 160: 

Gunning Bedford, Jr. 

John Blair 

Daniel Carroll 

George Clymer 

Nathaniel Gorham 

Jared Ingersoll 

Daniel of St. Thomas Jenifer 

William Samuel Johnson 

George Read 

John Rutledge 

James Wilson 

The following illustrations appear between pages 256 and 263: 

President James Monroe 

Chief Justice John Marshall 

William Richardson Davie 

John Armstrong, Jr. 

Timothy Pickering 

William North 

Samuel Smith 

Thomas Sumter 

William Findley 

Benjamin Thllmadge 

Page 

110 

113 

116 

119 

122 

125 

128 
Jeremiah Wadsworth 

Elias Boudinot 

Morgan Lewis 

William Moultrie 

William Smallwood 

Henry Lee 

Charles Willson Peale 

Enoch Crosby 

Rufus Putnam 

Louis Le Begue de Presle Duportail 

Page 

Mann's Thvern, Annapolis, Maryland ...................................... 268 

xiii 

THE U.S. ARMY AND THE FOUNDING 

OF THE REPUBLIC 

The U.S. Army and the 

Founding of the Republic 

During the summer of 1787, fifty-five men assembled 

in the Pennsylvania State House (as Philadelphia's Independence Hall was then called) to hammer out a new 

form of government for the United States of America. 

The Constitution they produced has proved to be one of 

the most influential documents ever penned, a flexible 

instrument that has guided the nation through two hundred years of profound change and has served as a 

model for emerging democracies around the world. 

The Framers sought to preserve and improve upon a 

way of life that had evolved in America over the preceding century and a half, but in so doing they also made a 

bold leap of faith. Advancing an idea considered radical 

in their time, they expressed their belief in the fundamental right of the people to govern themselves. They 

fashioned a republic carefully balanced so that the rights 

of the individual were protected, but one sufficiently 

powerful to prevent internal chaos and deter external 

attack. Even two centuries ago this singular notion had 

great popular appeal, but both the authors of the Constitution and its critics were well aware of the pitfalls. 

History could boast of no prior successful establishment 

of such a system. 

The delegates were a diverse lot. Among them could 

be counted socially elite planters and merchants, along 

with lawyers, educators, and farmers. Like all humans, 

they were driven by complex motives and sought to proteet the special interests of their family and class as well 

as their state and local community. What set them apart 

was their sense of statesmanship. Time and again they 

transcended regional concerns and economic self-interest to compromise for the general good. Historians have 

long sought to explain the capacity for growth and understanding that emerged during the Philadelphia meetings. One factor often overlooked, however, is that 23 of 

the 40 men (to include the secretary of the Convention) 

who signed the Constitution had served in uniform during the Revolutionary War. While the war had helped 

focus the attention of all the delegates on areas of mutual concern, the separate, shared experiences of those 

who had served under arms undoubtedly acted as a catalyst in moving the majority toward final compromise 

and action on national problems. 

These 23 signers had volunteered to fight for independence, had sacrificed and suffered to win the war, and 

then, with their fellow Patriots, had shed their uniforms 

to resume civilian careers. Many of them would go on to 

lead the new government established under the Constitution. In a certain sense their work in Philadelphia was 

not only a continuation and culmination of the Revolution they had served in uniform, but also a preamble to 

the important role they would play in the governing of 

the new republic. 

The Colonial Heritage 

On the morning of 15 June 1775, as he had for the 

past month, George Washington entered Independence 

Hall and took his seat with the rest of the Virginia delegation to the Continental Congress. He was an imposing 

presence. At 43, he stood six feet four inches, weighed 

over 225 pounds, and was renowned for his military 

bearing and astonishing feats of physical strength. But 

he had also captured the attention of his colleagues in 

more important ways. The quiet planter was universally 

respected as a judicious Patriot with a natural dignity 

and an intense sense of personal honor. He was also 

known for an iron will that kept a passionate nature 

firmly in control. In short, he was gifted with all the 

essential ingredients of leadership, and now, in an act 

destined to alter the course of American history, he 

would be chosen to command his country's armed 

forces. 

Congress had already agreed to accept responsibility 

for the improvised army that had set siege to General 

Thomas Gage's British regulars in Boston in the aftermath of the fighting at Lexington and Concord. New 

Englanders had responded to that first bloodshed by 

taking up arms, but, unaided, they could not hope to 

withstand the full might of the British. When Congress 

convened in mid-May, the New England delegates, supported by New Yorkers worried about an invasion from 

3 
George Washington (1732-99) as a colonel of Virginia 

Provincials. (Oil, by Charles Willson Peale, 1772; Washington/Curtis/Lee Collection, Washington and Lee University, Virginia.) 

Canada down the Hudson River-Lake Champlain corridor, pleaded for united military action. Colonel Washington's military experience (he had commanded 

Virginia's troops in the French and Indian War) naturally led his fellow delegates to listen closely to his views. 

Acting on his advice, Congress adopted all existing 

forces as "the American continental army." 

On the 15th the delegates turned to the delicate task 

of selecting a general who could be trusted to lead these 

men. They needed an individual with military experience, but also one who shared their fundamental political values and therefore posed no threat to the Patriot 

cause. Washington, the highest-ranking native-born 

American veteran, appeared the ideal choice. He had 

served in Virginia's House of Burgesses and in both 

Continental Congresses, where he had impressed his 

peers as a man who could be trusted with authority. The 

fact that he came from Virginia would help convince 

London that Americans from all sections were united in 

resistance. Although outwardly modest, his habit of 

wearing a uniform to the sessions indicated clearly his 

interest in the assignment. His election as commander of 

"all the continental forces raised, or to be raised, for the 

defense of American liberty" was unanimous. A score 

4 

of the delegates, including Thomas Jefferson, Benjamin 

Franklin, and John Langdon, treated their new general 

to dinner that evening to celebrate the occasion. 

It took the Commander in Chief a week to complete 

his preparations. In the interim four other delegates also 

agreed to serve in the Army: New York's Philip Schuyler 

and New Hampshire's John Sullivan as generals; 

Thomas Mifflin and Joseph Reed, both from Pennsylvania, as members of Washington's personal staff, or 

"family:• as they came to be called. Finally, on 23 June, 

a cavalcade consisting of Washington and Schuyler, 

Charles Lee and Horatio Gates (two former British officers also appointed as generals), assorted aides and servants, and an escort of militia cavalrymen (the 

Philadelphia City Troop) departed Philadelphia. 

The entourage drew crowds at every village as it 

crossed through New Jersey, New York, Connecticut, 

and Massachusetts. In New York City, where Schuyler 

remained to begin organizing a separate subordinate 

command, the generals encountered perplexed local officials who wished to extend them the proper courtesies 

without offending the colony's Royal governor. During 

these hectic days Washington received his first exposure 

to the burden of serving as a symbol for the Revolution 

and, in effect, for the emerging nation. The cavalcade 

finally reached headquarters in Cambridge, Massachusetts, on 3 July. After paying a brief call on officials 

from the colony's Provincial Convention, Washington 

quietly took command. The next morning the Virginian 

began the difficult task of learning more about these 

New Englanders and transforming the assembled ragtag 

military units into a true eighteenth-century army. 

Although sharing a common heritage, the opposing 

forces outside Boston were profoundly different, reflecting the development of separate military and political 

traditions in the New World during the century and a 

half of colonial history. Ideas carried from England had 

clearly shaped both colonial society and its military institutions. One of the English notions incorporated into 

fundamental American thinking involved a belief that 

the individual had an obligation to society at large. 

Translated into military terms by the medieval AngloSaxons, this belief required every free able-bodied male 

to own weapons and turn out under local leaders to 

defend the realm. The militia, as this military force was 

called, ensured in a rough way that everyone participated in the country's defense in proportion to the benefits he received from it. 

But these ideas concerning military obligation had 

developed differently in the colonies and the mother 

country. Taking advantage of its island geography, England had come to rely primarily on its navy for defense. 

Although a loosely controlled militia was assigned the 

task of protecting against the unlikely event of invasion, 
"First Muster" depicts typical training by colonial militia musketeers and pikemen in the seventeenth century. (Oil on 

hardboard, by Don Troiani, 1985; National Guard Heritage Painting, Department of the Army, National Guard Bureau.) 

military expeditions overseas were handled by raising 

temporary armies of paid soldiers. This arrangement 

pleased both the Crown and influential elements of society because it kept costs to a minimum and avoided 

major disruptions in everyday life. Eventually, two categories of militia emerged: the theoretical general militia 

of all able-bodied men available in event of general mobilization, and a smaller contingent of volunteers 

formed into "trained bands" that held periodic musters, 

or meetings, to practice military skills needed for temporary military contingencies. In time even these trained 

bands were allowed to deteriorate in favor of a small 

permanent, or standing, army controlled by Parliament. 

The need to defend the relatively poor and sparsely 

settled colonies against both Indian tribes and European 

powers led to a different military arrangement in America. Defense played a major role in colonial life. Although the Royal Navy, supported by a few 

fortifications equipped with cannon, defended the 

coastline, the colonies themselves bore the major burden 

of their own defense. No colony could afford to maintain enough troops to meet aJI contingencies, so all relied on the concept of the citizen-soldier to defend the 

community. Within two years of its founcting in 1607, 

for example, Jamestown had organized itself into a virtual regimental garrison complete with companies and 

squads. Plymouth, on the advice of Miles Standish, 

formed four companies of militia within a comparable 

period. The Massachusetts Bay Colony profited from 

the experience of the earlier settlements. By 1629 it had a 

militia company, equipped with the latest weapons, at 

Salem; by 1636 it had formed three permanent regiments 

throughout the colony. 

Since the colonies could ill afford the luxury of exempting the majority of the population from regular 

training requirements, they expanded the trained-band 

concept to encompass aJI settlers. Only Pennsylvania remained an exception to the general pattern. Settled by 

Quakers, it did not pass a law establishing a mandatory 

militia until 1777. In fact, well into the eighteenth century few adult Americans were exempted by law from 

actual training. In the early fighting between settlers and 

Indians, citizen-soldiers actually fought in defense of 

their homes. Later, when more elaborate retaliatory offensive operations were launched against the tribes, the 

colonists tried to minimize the economic dislocation by 

using detachments temporarily organized for the occasion. Although the immediate military danger subsided 

as the frontier moved westward, the colonial standing 

militia remained as the means to train young men in the 

rudiments of war, as a law-enforcement agency, and as a 

source of recruits or draftees for short-lived military ex5 
"Braddock's Defeat" captures both the confusion of combat and the difficulty of using regulars in the wilderness. (Oil, by 

Edwin W. Deming, 19th century; State Historical Society of Wisconsin Museum Collection.) 

peditions on the frontier. 

Eventually, supplemental military institutions 

emerged for frontier defense. Hired military volunteers 

began to range the wilderness throughout colonial 

America, patrolling outposts and giving early warning 

of Indian attack. Other volunteers combined with 

friendly Indians for offensive operations deep in the wilderness where European tactics were ineffective. This 

volunteer concept matured during the colonial wars. 

Regiments completely separated from the militia were 

raised for specific campaigns. These units, called Provincials, were patterned after regiments in the regular 

British Army and were recruited from the militia, often 

during normal drill assemblies. In 1754, for example, 

Royal Governor Robert Dinwiddie of Virginia raised a 

Provincial regiment to secure the colony's claims to the 

Ohio Valley against French encroachment. Major 

George Washington led the vanguard of the regiment 

toward the forks of the Allegheny and Monongahela 

rivers (now P ittsburgh, Pennsylvania) with instructions 

to force a French withdrawal. After some initial success, 

6 

he surrendered to superior numbers, thus setting off the 

French and Indian War, the last and greatest of the colonial wars between France and England. 

This colonial military system, with extensive responsibilities even in prolonged periods of peace, was profoundly important in shaping American politics. Except 

for slaves, just about every adult male served in the 

militia at some point in his life, making it perhaps the 

single most persuasive political institution affecting the 

daily lives of Americans. Even individuals technically 

denied the franchise in local elections participated in the 

process by which junior officers were elected for the 

units, and many political leaders gained their first responsible position in government as company commanders in the militia. When war threatened, Provincial 

service provided other opportunities. The widespread 

use of grants of land as recruiting bounties provided 

propertyless laborers and younger sons the chance to 

gain a homestead and therefore to rise in the social 

structure. Military skill also opened the door for individual officers to raise their economic standing and join 
the social elite. A clear understanding that the militia 

and Provincial units had an important function in protecting society also made Americans of all political 

views read contemporary political philosophers in a special way. These citizen-soldiers passionately believed that 

defense of life and liberty was an integral part of the 

citizen's duties, not something that could be left to a 

professional force responsible to a distant government. 

The evolution of separate military institutions in the 

colonies and mother country paralleled a colonial elaboration of the English political model. During the seventeenth century, England not only planted colonies in the 

New World but also underwent a series of dramatic domestic changes. The period of early colonial growth witnessed an intense struggle for power between monarchy 

and Parliament that twice split the mother country 

apart. Accumulated grievances, coupled with religious 

differences, triggered a civil war in 1642 that pitted the 

Crown against a Parliamentary majority. The war cost 

King Charles I his life, and the remnant of the House of 

Commons abolished the monarchy and the House of 

Lords before being forced in turn to relinquish power to 

General Oliver Cromwell and the army. For a decade, 

England witnessed a virtual military dictatorship under 

Cromwell as "Lord Protector." A newly elected Parliament restored the Crown after Cromwell's death, but 

not before exacting major concessions, in particular limiting the size of the military establishment that the King 

might maintain. This traumatic period also had farreaching consequences in the colonies, where Cromwell's dictatorship engendered an abiding suspicion of 

standing armies and an active opposition to the use of 

professional soldiers. 

In 1688 King James II provoked a second constitutional crisis that ended in a nearly bloodless coup by his 

daughter Mary and her husband, William of Orange. As 

a price for supporting the "Glorious Revolution" and 

William's European military ambitions, the House of 

Commons extracted still more concessions, making it a 

full partner in most governmental affairs. Parliament 

further consolidated its power in 1714 when a Hanoverian prince, George I, succeeded Queen Anne. Henceforth kings ruled through ministers who sat in a 

Parliament that represented the interests of the landed 

and mercantile classes, a sequence of events that helped 

shape political institutions in the colonies. 

The colonies had come into being largely as the result 

of individual initiative with a minimum of external control, thus paving the way for them to adopt and expand 

English models of representative government. By the 

start of the eighteenth century a basic pattern had 

emerged in the colonies; regardless of formal arrangement, all colonial governments functioned in essentially 

the same way. They had a governor, normally a Briton 

who returned home at the end of his term and who 

performed executive functions with the assistance of a 

small staff. Accountable to London, he had to juggle 

often-conflicting demands of the colonists and use patronage and persuasion to forge compromises. The colonial legislatures consisted, like Parliament, of two 

houses. The upper chamber, most commonly called the 

council, usually consisted of about a dozen members 

chosen from the colony's most powerful families. They 

advised the governor and exercised certain executive and 

judicial functions, although their influence waned as 

that of the lower house rose. The more powerful lower 

house was an elective body. Regardless of formal rules, 

the franchise in America came to be exercised by a very 

broad segment of society. Virtually every free, Protestant, adult male could vote as long as he met minimal 

property-owning restrictions. Members of the lower 

house, or assembly, were not compensated for their service. Because of this fact, and because colonists expected 

those with a greater stake in society to work actively for 

society's benefit, members of the assembly were largely 

drawn from the landowning and merchant classes. Most 

of these legislatures consciously adopted Parliament's 

procedures and precedents as a guide. They controlled 

their colony's finances and used this power to gain dominance in the government, much as the House of Commons had in England. 

Despite these basic similarities in government, the 

quarter-million colonists in North America in 1700, although still thinking of themselves as Englishmen living 

abroad, had already begun to emerge as a separate people. The most conspicuous difference came from the 

fact that while individuals in their daily lives continued 

to show respect to those who stood above them in the 

social order, the rigid stratification of the Old World had 

disintegrated in the New under the impact of enhanced 

economic opportunity. In America self-sustaining 

farmers quickly replaced a tenant yeomanry, while talent 

and ambition allowed families to rise in social status in a 

brief period. A form of equality, based on economic 

self-sufficiency and reflected in the broad franchise, 

came to exist throughout society, which, although 

Americans did not realize it at the time, set it apart from 

its European counterparts. Poverty and slavery continued, but throughout most layers of society there existed 

an openness to change and a common perception that 

one could improve one's lot through personal effort. 

People who thought this way paid close attention to the 

concessions William and Mary made to Parliament and 

considered that they too had been guaranteed the "traditional" liberties of Englishmen. 

This perception of traditional rights matured during 

the first half of the eighteenth century and set off a 

storm of protest when, after the Seven Years War, Parlia7 
George III (1738-1820). (Oil, from the studio of W. Beechey, c. 1800; courtesy of the National Portrait Gallery, 

London.) 

ment tried to increase its control over the colonies. This 

effort began with a scheme to raise money to retire the 

war debt and to garrison Royal regiments in the newly 

acquired colonies of Canada and Florida. Parliament 

decided that the colonies would pay for the defense and 

administration of North America, allowing Britain to 

concentrate on the war debt. At the same time, the economy of the mother country would be stimulated by a 

determined, and unprecedented, effort to enforce trade 

regulations. 

The colonists resented the change, and over the 

course of the next decade became increasingly vocal in 

their objections. Their first protests came when, just 

eight months after the war ended, King George III 

signed the Proclamation of 1763, limiting settlers from 

the thirteen colonies from moving west of the Appalachian Mountains. The King's ministers had hoped 

thereby to minimize expenses by preventing clashes between the colonists and the Indians. To this end, they 

decreed the creation of an unoccupied zone that would 

be policed by regular British regiments under the direct 

authority of the London government and not answerable to any colonial governor. Most colonists saw the 

proclamation as an unwarranted intrusion into their internal affairs. Their charters allowed westward expan8 

sion, and the possibility of acquiring western land was 

the reason many of them had supported the French and 

Indian War. They especially resented the fact that the 

Redcoats stationed in North America were supported by 

taxes on the colonies voted in England, not in North 

America. On those rare occasions in the past when companies of regulars had been stationed in their midst, 

funding had been provided by the colonial assemblies 

which thereby retained considerable say in how they 

were employed. 

The assemblies challenged this erosion of their 

"rights;• using the same arguments that Englishmen had 

used against their Kings during the seventeenth century. 

Americans asserted that for a century and a half their 

own militia, supplemented as needed by Provincial 

units, had been more than adequate for defense. At the 

same time, London tried to reduce expenses further by 

ordering many of the British regiments from the frontiers to coastal cities, thereby simplifying logistical problems. The similarity of this move to events in the English 

Civil War and the Glorious Revolution raised colonial 

suspicions. Already convinced that these troops served 

no useful military purpose, the colonists increasingly 

felt that the regulars were a standing army stationed in 

their midst to enforce unpopular new revenue measures. 

In 1765 Parliament had passed the Stamp Act, which 

taxed paper products, including newspapers. In an effort to make the law acceptable, it appointed prominent 

Americans to serve as the collectors. Local opposition 

quickly forced those nominated to refuse appointment, 

and the Massachusetts legislature issued a call for a congress or general meeting of all the colonies to assemble 

in New York City in October to prepare a unified response. Nine colonies attended the Stamp Act Congress, 

the first such national meeting convened at the colonists' initiative, and drew up a petition of grievance. The 

delegates stated that one of the basic rights guaranteed 

to all Englishmen involved having taxes voted by an assembly of their own representatives. The Stamp Act, 

they argued, was improper because Americans were not 

represented in Parliament. They voted to impose a voluntary boycott of British goods until such time as the 

measure was repealed. 

An angry Parliament reasserted its right to pass laws 

governing the colonies in "all cases whatsoever;• but it 

decided that a different approach to raising taxes would 

be more practical. It rescinded the Stamp Act in 1766 

and went on in the following year to enact the so-called 

Townshend Duties in an effort to raise monies in ways 

less objectionable to Americans. These new duties 

sought to impose a series of small "external" taxes on 

imports and exports, as an exercise of Parliament's unquestioned power to control trade, rather than the 

Stamp Act's single large "internal" tax, and specified 
Patrick Henry (1736-99). (Oil, by Thomas Sully, 1851; 

Virginia Historical Society.) 

that all monies thus raised would be spent in America to 

boost the local economy. Americans rejected the argument, but the new round of protest took the form of 

pamphlets and newspaper articles. The most significant 

of these works was a series of Letters from a Farmer in 

Pennsylvania by a young leader of that colony's legislature, John Dickinson. 

Incidents continued to multiply. In 1768 zealous British customs officials seized a ship belonging to John 

Hancock, a leading Boston merchant and prominent 

member of the Massachusetts assembly. Mob violence 

provoked by this incident provided London with an opportunity to show Americans that the Empire's authority could not be flaunted, and four regiments of regulars 

were ordered to Boston to make a show of force. The 

Boston town meeting, charging that the regiments were a 

"standing army:• called on the colony's other towns to 

meet to devise plans for another economic boycott. The 

subsequent gathering reinforced the precedent set by the 

Stamp Act Congress for convening extralegal assemblies 

to bypass legislatures subject to a Royal governor's veto. 

Compromise still seemed possible. Parliament withdrew most of the troops and rescinded the Townshend 

Duties, except for a purely symbolic one on the importation of tea. Unfortunately these concessions coincided 

John Hancock (1737-93). (Oil, by John Singleton Copley, 1765; deposited by the City of Boston, courtesy of 

Museum of Fine Arts, Boston.) 

with a clash between a Boston crowd and Captain 

Thomas Preston's detachment of the 29th Regiment of 

Foot guarding the Boston Customs House. When the 

crowd grew threatening, Preston ordered his men to fire, 

killing five civilians. News of the "Boston Massacre" 

sped through the colonies, but cool heads prevailed and 

further bloodshed was avoided. Preston and his men 

were placed on trial, but, defended by a rising young 

lawyer named John Adams, were acquitted on the 

grounds of self-defense. The remaining soldiers were 

subsequently withdrawn from the town in an effort to 

avoid further troubles. 

The calm proved short-Jived. ln an effort to relieve 

some of the pressure on its Royal governor, the government in London announced in 1772 that hereafter it, not 

the Massachusetts assembly, would pay the salaries of 

both the governor and the colony's judiciary. Boston's 

town government immediately established a Committee 

of Correspondence to communicate with other localities 

on a regular basis as a way of combating what it considered to be this further erosion of self-government. The 

idea rapidly spread across North America. The following year these committees proved invaluable in organizing resistance to the Tea Act of 1773 when Parliament 

sought to solve the economic problems of the East India 

9 
"Stand Your Ground" depicts the first fighting of the Revolution on Lexington Common, 19 April1775. (Oil on hardboard, 

by Don Troiani, 1985; National Guard Heritage Painting, Department of the Army, National Guard Bureau.) 

Company by giving it a monopoly on that commodity in 

the American market through the enforcement of import duties. Carefully orchestrated resistance throughout the colonies resurrected the protest tactics of the 

Stamp Act. Local agents were forced to resign, and most 

governors chose not to let shipments of tea land in order 

to prevent trouble. In Boston, however, Royal authorities tried to enforce the law. In response, a small group 

of men, vaguely disguised as Indians, threw forty-five 

tons of tea into the harbor. Town authorities refused to 

prosecute them. 

News of the Boston Tea Party shocked British authorities. The King, his ministers, and an overwhelming majority in Parliament agreed that an example had to be 

made of the town or the entire structure of imperial 

authority would be undermined. Between March and 

June of 1774 a series of laws, known in America as the 

Intolerable Acts, closed the port of Boston until restitution was made to the East India Company and suspended the civil government of Massachusetts, replacing 

it with a military regime backed by a large garrison. The 

10 

colony's legislature immediately issued a call for another 

meeting of all the colonies. 

The Continental Congress met in Philadelphia's Carpenter's Hall between 5 September and 26 October 1774 

and created a fundamental shift in the focus of the crisis. Every colony except Georgia appointed delegates, 

sending their most respected leaders. These men realized 

that should Parliament succeed in bringing Massachusetts to its knees by employing such unprecedented measures, similar force might be used against any other 

colony in the future. They issued a Declaration of Rights 

and Resolves setting forth the view that colonists were 

entitled to the same rights as any other Englishmen, 

approved a boycott (the Association) of imports from 

and exports to Great Britain, and set plans to reconvene 

on 10 May 1775. 

This Second Continental Congress, like its predecessor, was intended to serve as a temporary forum for 

debate, but in the end it became the governing body that 

directed the Revolution for the thirteen states. This ad 

hoc arrangement was echoed in the individual colonies, 
which, with the exception of Connecticut and Rhode 

Island, could not use existing governmental structures 

because they were controlled by the British. To fill the 

void, Patriots in each colony mobilized public opinion 

to establish new, extralegal governing bodies, called Provincial Conventions or Congresses, and local Committees of Safety. In every case their argument was the 

same, stemming directly from what they perceived as 

outside interference by Parliament. Embued with the 

political philosophy of the Enlightenment, the colonists 

believed that a social contract existed between them and 

their sovereign, who had granted their Royal charters, 

and not with Parliament, in which they were not represented. In 1775 the colonists rose up to oppose a "ministerial army" sent, in their eyes, by Parliament, rather 

than the King, to deprive them of their rights as 

Englishmen. But when King George III later sided 

openly with his ministers in what the majority of colonists considered Parliament's usurpation of powers 

properly reserved to the colonial governments, the social 

contract was broken and revolution became inevitable. 

From its outset, therefore, the Revolutionary War was a 

fight to preserve existing norms of local self-government. 

From the start of the crisis local politicians had seen a 

military dimension to their political problems. Militia 

assemblies provided convenient gatherings to marshal 

public opinion and in some cases in 1765 furnished both 

the leaders and manpower when Sons of Liberty organized to intimidate tax collectors. If a strong militia 

could remove the need for British troops to protect 

North America against French or Spanish aggression, 

thereby eliminating any justification of the odious taxes, 

a strong militia could also directly oppose arbitrary 

power exercised by British troops. As the crisis deepened, many leaders began agitating for serious militia 

reforms on that very ground. Working closely with the 

Committees of Safety, militiamen purged their ranks of 

British sympathizers and provided enforcement machinery for the acts of the extralegal assemblies, a process 

expedited by the fact that many of the elected representatives were also officers in the militia. The political 

impact of the militia cannot be overestimated in the critical process of mobilizing public support for the Revolution, although reliance on the militia did create some 

military problems, just as it had in the French and Indian War. Militia forces, organized locally, were ideal for 

use in short tours of service in defense of nearby areas, 

but were impractical for duty covering either extended 

periods of time or great distances. Communities simply 

could not sustain the resulting economic disruption. To 

fill the immediate void, the colonists turned to the Provincial precedent- a full-time military force recruited 

for a limited term of service (therefore not a "standing 

army") and directly under the control of popularly 

elected authorities. 

Some Patriot leaders, including George Washington, 

began to organize voluntary military companies for extra training. But in this area, as in political ones, Massachusetts took the lead. In October 1774 a convention of 

representatives from across the colony, acting in place of 

the suspended legislature, passed resolutions calling for 

a reorganization of the militia under Patriot officers, 

began assembling depots of weapons and military supplies, and established the Minutemen, a select force 

ready to turn out quickly in an emergency. Other colonies followed this precedent, and early in 1775 New Englanders began planning for a regional defensive army 

patterned after the Provincial regiments of earlier wars. 

On 18 April 1775 a British column of some 600 men 

set out in the dark from Boston with orders to proceed 

to Concord, where the Massachusetts Provincial Congress was accumulating military stores, and to seize any 

materiel found there. Early the next morning the column 

encountered Lexington's company of militia drawn up 

near their route of march. Neither side wished to provoke trouble, but both needed to make a political statement. The British deployed to confront the militiamen, 

and ordered them to disperse. Just as the colonists were 

beginning to comply, a shot rang out. Seconds later the 

British line opened fire, leaving a number of Americans 

lying dead and wounded. No one knows for sure who 

fired the "shot heard round the world;' although it probably was a junior British officer simply trying to gain the 

attention of a milling crowd. This incident and a later 

engagement just outside Concord touched off a general 

battle when the small British column began to withdraw, 

having failed in its mission to destroy military stores. 

Several hundred British soldiers died or suffered wounds 

during the long march back to Boston as the militia 

forces of eastern Massachusetts converged to harass 

them. Only the appearance of a relief column with artillery, and the lack of central control among the Patriots, 

enabled the force to escape total annihilation. 

The colony quickly set about collecting testimony 

from participants to prove that British troops were the 

aggressors and then turned to other colonies for assistance. Withjn two months four separate armies-one 

from each New England colony-emerged, enlisted for 

service through the end of the year and patterned on the 

Provincial model. They relieved the Minutemen and militia who had begun the siege of Boston, drawing heavily 

on those organizations for both an officer corps and for 

trained soldiers. Danger of British raids on the coastline 

led to new laws that raised the militia's strength to a level 

not seen for more than a century. 

II 
The Revolutionary Experience 

The military situation that greeted General Washington at Cambridge in July 1775 might well have given him 

pause. To be sure, the strategic realities favored the 

Americans in drawn-out military operations. With the 

militia firmly controlled by the Patriots, and with Committees of Correspondence and other extralegal bodies 

acting effectively in place of the old colonial governments, the British faced armed and organized opposition in each colony. Reestablishing Royal control, either 

through occupation or intimidation of a vast and hostile 

region stretching from New England to Georgia, presented formidable, if not insurmountable, difficulties. 

Only fools would ignore Britain's military might, based 

on a large and professional army, vast wealth that permitted hiring of foreign auxiliaries, and the world's largest navy, which guaranteed control of the seas. These 

obvious advantages prompted most politicians and military leaders in London, along with their Loyalist supporters in America, to predict a speedy Redcoat victory 

over the "upstart rabble." In so doing, however, they 

ignored Britain's need to balance offensive operations in 

North America against its defensive responsibilities in 

other parts of the globe and the many practical handicaps implicit in communicating with and supplying large 

forces across 3,000 miles of ocean in the era of sailing 

vessels. 

Despite strategic advantages accruing from geography 

and self-reliance, the colonies, too, faced formidable 

problems. The ability of the Continental Congress to 

lead the thirteen independent states in war and, more 

specifically, to adopt a national military policy, organize 

an effective military force, and support its commander, 

was questionable. In fact, Washington's problems were 

rooted less in military matters than in the fears, divisions, and inhibitions of the new national government. 

Congressional delegates had emerged from a political 

"The Battle of Bunker Hill" illustrates the precision needed for linear combat. (Oil, by Howard Pyle, c. 1898; Howard Pyle 

Collection, Delaware Art Museum.) 

12 
tradition that viewed central authority, even that exercised at the level of individual colonies, with strong suspicion. Their rejection of the concept of a standing army 

was well known. By European standards, their view of 

the conduct of military affairs would have been considered naive. They adopted the Continental Army only 

reluctantly as a minimal response to the presence of 

Royal troops in their cities and ordered the Army to 

operate strictly as a defensive force. In the days that 

followed Lexington and Concord, few delegates contemplated the likelihood of extended military operations; 

they meant their military initiatives as merely a signal to 

London that Americans were united in their willingness 

to defend their rights. To underscore this sense of unity, 

their resolution that turned the troops in New England 

into the national Army on 14 June also requested Pennsylvania, Maryland, and Virginia to raise a force of riflemen to serve as light infantry during the siege of Boston. 

By the same token, they liked to stress as another evidence of unity the fact that the commander appointed to 

lead the troops in New England was a Virginian. 

But old fears die slowly, and for every supportive step 

Congress took in military affairs, the delegates seemed 

impelled to impose yet another limitation on their commander. While they recognized, for example, the need 

for an efficient Army led by competent generals, they 

feared creating another Oliver Cromwell. By adopting 

units raised by the individual colonies, Congress obtained a sizable body of men in short order, but the 

result was a haphazard collection of units led by locally 

appointed commanders selected first for their political 

reliability and only secondly for their military experience. Congress, moreover, allowed Washington no direct 

voice in selecting his major subordinates. Although 

nearly all of the first thirteen generals it appointed were 

veterans of the French and Indian War, most of these 

men were also from legislative backgrounds, and sectional balance was a paramount consideration in their 

choice. Congress left to Washington the task of sorting 

out the problems attendant on conducting operations 

with leaders whose politics were above reproach, but 

whose military competence was not. Furthermore, Congress' fear of standing armies meant that the units of the 

new Continental Army were enlisted for only limited 

periods. The men Washington was sent to train and organize into a unified fighting force, those expected to 

match the British regiments, would be going home at the 

end of the year when their enlistments ran out. 

Evidence of his Army's strengths and weakness was 

readily apparent to the new commander, since it had 

fought its first engagement just before his arrival. A 

council of local Patriot leaders had decided to occupy 

the hills on Charlestown Peninsula, which dominated 

both Boston and the warships in the harbor. UnfortuSir William Howe (1729-1814). (Mezzotint, by C. Corbett, 1777; Anne S. K. Brown Military Collection, 

Brown University Library.) 

nately, the amateur planners failed to establish a clear 

chain of command and committed units piecemeal during the night. The local commanders compounded this 

mistake by selecting Breed's Hill, instead of the safer 

Bunker Hill, as the site for their fieldworks. The British 

then committed their own error by opting for a massive 

show of force to convince the Americans that armed 

resistance to the Crown was doomed. General Sir William Howe landed 2,200 regulars on the tip of the peninsula and launched them in a European-style frontal 

assault. Twice the 2,000-odd defenders, under the cover 

of hastily erected fortifications, used close-range volleys 

to drive Howe back. But Howe's third try with fixed 

bayonets carried the hills when most of the front-line 

New England units ran out of ammunition. Howe's victory cost him 42 percent of his effectives and made him 

realize that he had to force the Americans to fight battles in the open where superior British training and discipline would be most effective. For their part, the 

Patriots took great pride in the performance of the raw 

troops, but they misread the lesson taught by the battle. 

They mistakenly assumed that the courage and marksmanship displayed under these special circumstances 

meant that citizen-soldiers would always be equal to 

trained professionals. Their new commander suffered 

13 
"Sir Peter Parker's Attack Against Fort Moultrie." The failure of this assault against Charleston, South Carolina, in the 

summer of 1776 ended British threats to the southern states for several years. (Oil, by James Peale, c. 1782; Colonial 

Williamsburg Foundation.) 

from no such illusion. 

By the end of the summer control over the war had 

clearly passed from the individual colonies to the Continental Congress. Washington's main contingent adopted 

a minimum-risk strategy of encircling Boston to keep the 

largest British force neutralized. Going beyond purely 

defensive operations, Washington sent a second field 

force, under Major General Schuyler, to launch a preemptive invasion of Canada in late fall, hoping to win 

over that colony to the Revolutionary cause and to prevent the British garrisons stationed there from harassing 

the frontiers. Despite a series of successes, the campaign 

ground to a halt in the winter snows when a night attack 

on Quebec, the last major British strongpoint, was repulsed. At the same time, the enlistments of the 1775 

continentals expired on the last day of the year, forcing 

Washington and the Congress to rebuild the Army. 

With overall conditions largely unchanged, the Americans followed a similar military policy at the start of 

1776, employing a force balanced between short-term 

militia and Provincial-style units enlisted in the various 

14 

states for one year's Continental service. The politicians 

and generals knew that militiamen were most useful in 

roles compatible with their historic functions: conducting local security, defending their homes from invasion, 

and providing select groups of men for specific operations of limited duration. Under the supervision of local 

Committees of Safety, these militia troops prevented the 

Loyalists (probably about one colonist in ten) from organizing, guarded coastal communities, and kept an eye 

on Indians along the frontier. Regulars, with more time 

to train and learn discipline, were needed to fight formal 

European-style battles, and the continentals, as these 

troops were now called, appeared capable of carrying 

out this mission. The only new military initiative in early 

1776 was a slight expansion of the Army to include units 

from all thirteen colonies, plus two from Canada. 

London faced a clear-cut choice in early 1776: make 

political concessions or launch an offensive war to crush 

the rebellion. The King's advisers decided for war. They 

rejected Congress' last attempt at reconciliation, the socalled Olive Branch Petition, and set about expanding 
the military and naval forces stationed in North America 

to include over 30,000 auxiliaries (the Hessians), whose 

services were acquired through treaties with various German states. Lord George Germain, who as Secretary of 

State for America had primary responsibility for devising British strategy, decided to avoid directly challenging 

Patriot control in New England and to apply resources 

against especially vulnerable targets. His plan for the 

campaign of 1776 called for three separate operations. A 

relatively small expedition under General Sir Henry 

Clinton would try to regain the southern colonies by 

rallying Loyalists, who London erroneously presumed 

were in the majority. Other units would proceed to Canada to turn back the American invasion and to apply 

pressure on the frontiers of New York and New England. 

An even larger force would be sent to join Howe, who 

had evacuated Boston on 17 March. Thus reinforced, 

Howe would capture New York City and would then use 

that port as a naval base and as the center of operations 

to regain control over the middle colonies. 

By summer, two of the three operations had ended. A 

combination of militia and continentals defeated the 

British southern thrust rather easily. Virginia expelled its 

Royal governor and his small army and fleet. North 

Carolina crushed a premature uprising by local Loyalists. Finally, an invasion force sent from England was 

repulsed at Charleston, South Carolina, on 28 June. 

Again, Patriots misread these early sucesses. Given the 

role of Minutemen and militia forces in defeating the 

governors, their Loyalist supporters, and Indians on the 

frontier, they came to assume that the militia could carry 

the major burden of defense. This misjudgment would 

cost the Americans dearly in later clashes in the south. 

In the far north, operations ended in a stalemate. The 

Americans were driven out of Canada in May 1776, but 

the British had to stop to reorganize their supply lines 

and to build a fleet on Lake Champlain before they 

could mount their own offensive. Clearly, the great military test would occur around New York City, where Congress had concentrated about 31,000 men under 

Washington. Over half were militia and state troops, 

who had even less training than the main force Washington had rebuilt after Boston. The Americans faced 

32,000 British and German regulars under General 

Howe, supported by a fleet of 73 warships, 370 transports, and 13,000 seamen under his brother, Admiral Sir 

Richard Howe- the largest transoceanic force ever dispatched before the twentieth century. 

As battle lines were forming for New York, Congress 

weighed a momentous decision. Washington's soldiers, 

facing the realities of the battlefield, had been talking 

for some time about the need to sever all connections 

with the Crown. Public opinion had been galvanized by 

Thomas Paine's stirring call for independence in Common Sense. And now news of the King's declaration that 

the colonists were in rebellion and of the decision to 

send Hessians to America finally convinced a majority 

in Congress that the British government was united in its 

refusal to make concessions. On 7 June Richard Henry 

Lee introduced a resolution in Congress, drafted by the 

Virginia Convention, that called upon Congress to declare independence, create a formal national government, and seek foreign allies. 

The more outspoken Patriots led by John and Samuel 

Adams of Massachusetts argued that these measures 

were necessary to win the war. John Dickinson of Pennsylvania and other moderates supported defensive measures required to carry out military operations, but still 

considered independence premature; they wanted to 

make one last attempt at a negotiated settlement. Congress decided to appoint two committees: one under 

Dickinson to develop specific proposals for a confederation of the colonies (now called states) and one under 

Thomas Jefferson of Virginia to prepare a statement of 

independence. As chairman, Jefferson wrote most of 

the draft Declaration. He was assisted by Benjamin 

Franklin of Pennsylvania, John Adams, Roger Sherman 

of Connecticut, and Robert R. Livingston of New York. 

On 4 July, after three days of debate, Congress declared the United States of America to be a free and 

Richard Henry Lee (1732- 94). (Oil, by Charles Willson 

Peale, 1784; Independence National Historical Park.) 

15 
"The Signing of the Declaration of Independence;• completed between 1786-97, was based on detailed research as well as 

interviews with Jefferson. (Oil, by John Trumbull; copyright Yale University Art Gallery.) 

independent nation. Jefferson's elegant words, amended 

by the other delegates, provided a concise statement of 

purpose both to the inhabitants of the colonies and to 

foreign governments. The Declaration also justified independence in terms familiar to Enlightenment philosophers, charging King George with a list of actions that 

had "broken" the social compact between Americans 

and the British Crown. Significantly, a third of this list 

related to military actions, including assertions that "He 

has kept among us, in Times of Peace, Standing Armies, 

without the consent of our Legislatures" and that "He 

has affected to render the Military independent of and 

superior to the Civil Power." On 9 July Washington 

assembled his troops and had Congress' Declaration of 

Independence read to the men to help motivate them for 

the corning battle. 

Howe also understood the important interrelationship between military action and political loyalty. He 

knew that Congress had mobilized large numbers of militiamen to strengthen the continentals, and he reasoned 

that an overwhelming blow could break the Patriots' 

current strong will to resist. On 27 August his army 

badly mauled a large American contingent on Long Island, forcing Washington to undertake a risky night 

evacuation, and followed it up with a crushing blow on 

15 September that captured New York City. During the 

16 

next two months, although Washington won a few skirmishes, Howe drove him out of Manhattan Island and 

the nearby mainland. 

The American defeat at New York marked a turning 

point for the Continental Army. Now committed to independence, the Americans had to prepare for a long 

war to outlast the British, and Washington was able to 

convince Congress that militia and short-term regulars 

alone could not meet British and German regulars on 

equal terms. Since most of the existing enlistments 

would expire on 31 December, Congress used that opportunity to draft its first comprehensive military program. Central to its new approach were the recruitment 

of men for the duration of the war rather than for the 

customary single campaign, and expansion of the regular Army to about 120 regiments, including artillery and 

light dragoons, capable of facing the British in open 

battle. The plan called for an Army of 90,000 officers 

and men, but since only a small proportion of that number was ever recruited, militiamen remained an important source of reinforcements. That teamwork would 

prove its worth before the full plan could even begin to 

be implemented. 

On 16 November Fort Washington and its important 

garrison of 2,800 men, the last American toehold on 

Manhattan, fell to a sudden attack by Howe, unhinging 
Philip Schuyler (1733-1804). (Miniature, by John Ti"umbu/1, 1792; copyright Yale University Art Gallery.) 

the American defensive array just as the summer's militia contingents were leaving for home. Howe promptly 

exploited the situation by driving across New Jersey toward Philadelphia, the American capital. Washington 

had to retreat all the way to the Pennsylvania side of the 

Delaware River before Howe called off operations and 

settled down in winter quarters. Washington knew that 

he had to end the year on a positive note to encourage 

recruiting and sustain the will to resist. Using militia 

reinforcements from Pennsylvania and Delaware, he decided to strike at several isolated garrisons. It was a risky 

gamble, for defeat would probably bring the Revolution 

to an end. But Washington won a brilliant victory on 26 

December in a snowstorm at 'Irenton and another on 3 

January at Princeton, recovering in one swift and daring 

operation most of New Jersey. 

When campaigning resumed in 1777, the logic of British strategy called for their two main armies in Canada 

and New York, working in unison, to sever New England 

from the rest of the country. The authorities in London, 

however, failed to ensure that the two commanders coordinated their operations. For his part, General Howe 

planned to continue his previous year's effort to break 

American will by now moving south to capture Philadelphia. He reasoned that this move would cause Washington to follow him with the main Continental force. 

Arthur St. Clair (1736- 1818). (Oil, by Charles Willson 

Peale, 1782; Independence National Historical Park.) 

General John Burgoyne in Canada could then deal with 

the American garrison at Fort Ticonderoga and drive 

south to the Hudson River. When events failed to work 

out this way, the scene was set for a major American 

victory. 

Burgoyne's expedition enjoyed immediate success. 

American engineers had left one key hill mass at Ticonderoga unprotected because they incorrectly assumed 

that it was impassable for artillery. As soon as Burgoy-. 

ne's cannoneers placed guns on it, the badly outnumbered Americans under Major General Arthur St. Clair 

were forced to evacuate the fort. The garrison retreated 

south until it made contact with General Schuyler's 

forces in New York. Although St. Clair saved most of his 

men, the defeat of his rear-guard regiments in several 

delaying actions and the loss of the fort, which had been 

a vital defensive position in the colonial era, started a 

movement in Congress to replace the Northern Department's senior officers. 

Burgoyne was unable to take advantage of his early 

success. He spent weeks reorganizing at Ticonderoga to 

secure his lines of communication back to Canada, to 

establish a forward supply base, and to organize transportation to continue south. In the interim, a supporting column, headed down the Mohawk Valley, ran into 

unexpected trouble. The small Continental garrison at 

17 
Ford Stanwix stubbornly refused to surrender. Then a 

relief force of New York militiamen, although defeated 

in a bloody battle at Oriskany, managed to punish Burgoyne's Indian allies in the region so badly that those 

valuable auxiliaries began withdrawing their support, 

eventually forcing the British flanking column to retreat 

to Niagara. Burgoyne also lost a large foraging force of 

Germans at Bennington, to Brigadier General John 

Stark's militiamen, reinforced by a regiment of continentals. 

By the time Burgoyne began his advance in earnest, 

work parties of militiamen and continentals had torn up 

the roads and bridges and had obstructed the creeks and 

streams stretching south from Lake Champlain. Schuyler, a veteran of logistical operations in the wilderness 

during the French and Indian War, had recognized that 

transportation would be Burgoyne's achilles heel, and 

that time would be·the Americans' most valuable ally. 

The successful delaying tactics allowed the movement of 

additional continentals up from the lower Hudson Valley and the mobilization of masses of militia from New 

England. 

Schuyler never benefited from the strategy he devised. 

Major General Horatio Gates replaced him as commander of the Northern Department in mid-August. 

Gates placed his five Continental brigades in an entrenched position on Bemis Heights, near Saratoga, 

New York, to bar Burgoyne's route to Albany. The 

masses of militia took up positions outflanking Burgoyne's line of march and threatening his rear. Raiding parties penetrated as far as the outer Jines at Ticonderoga, 

fatally disrupting British supplies. By early September 

Burgoyne was in an untenable situation. Rather than 

retreat, he pushed on in the hope of reaching Albany 

and safety. On 19 September he fought with Gates' men, 

led in combat by Colonel Daniel Morgan and Major 

General Benedict Arnold, in the fields and woods in 

front of the American lines on the heights above. This 

first battle at Freeman's Farm ended with the British, 

badly bloodied, stopped cold and forced to dig in. 

On 7 October, his supply situation now critical, Burgoyne gambled one last time. He sent forward most of 

his effective troops in a reconnaissance in force, hoping 

to find a weakness in Gates' fortifications. American 

skirmishers quickly discovered the British, and once 

again the continentals led by Morgan and Arnold sallied 

out to meet the enemy in the woods and scattered fields 

of Freeman's Farm. They stopped the British, and a 

wounded Arnold succeeded in leading his men into the 

outlying British earthworks before the onset of darkness. Burgoyne, incapable of movement in any direction, accepted a conditional surrender. On 17 October 

"Gentleman Johnny" and his 6,000 troops marched out 

to lay down their arms at Saratoga, the most stinging 

18 

defeat suffered to date in America by the Crown. 

Howe, never anticipating that Burgoyne would run 

into problems, completed his own planning for the 1777 

campaign without any intention of direct coordination 

with the army in the north. He had selected Philadelphia 

as his target to help erase the sting of Trenton and 

Princeton and to eliminate the largest American logistical base. Occupation of th~ A~~n capital would also 

serve as an important tfOiiticar\-Thtory and allow the 

Crown to rally the middle states' Loyalists, mistakenly 

believed to be a substantial proportion of the population. To avoid the problems encountered in New Jersey 

in 1776, especially the difficult terrain and the danger 

implicit in Washington's ability to rally large numbers of 

militiamen to reinforce his continentals, Howe decided 

to attack Philadelphia from the sea. The transports and 

accompanying warships left New York in late July. 

Howe's original choice was to approach the city by 

way of the Delaware River, but naval experts quickly 

convinced him that the forts and American ships based 

below Philadelphia rendered that route impractical. Instead, he sailed up the Chesapeake Bay and landed at 

Head of Elk (now Elkton), Maryland, in late August. 

Washington had been mystified by the illogic of the British movements, believing that Howe's only reasonable 

plan was to use the Hudson to link with Burgoyne. Once 

Howe's true intentions were confirmed, the American 

commander set out rapidly for Philadelphia. The continentals concentrated on defending the main route between Head of Elk and the capital while hastily 

mobilized militia guarded the flanks in Delaware, Maryland, and Pennsylvania. 

Howe organized a base area to support his operations, and in early September started northeast toward 

his target. On 11 September he brilliantly outmaneuvered Washington to secure a crossing over Brandywine 

Creek, the major natural obstacle in the area, although 

several of Washington's brigades gave a very respectable 

account of themselves in the afternoon's fighting. 

Howe, although unable to pursue Washington, occupied 

Philadelphia on the 27th. Congress managed to escape, 

and most of the Army's important supplies were saved 

from the defeat. 

Although the British now held the American capital, 

the approach of winter and the massing of American 

militia left their control of the region tenuous. Overland 

supply from Head of Elk could not sustain an occupying 

garrison, and Howe had to turn his attention to the task 

of clearing the forts and obstructions along the Delaware River in order to communicate with the British 

fleet. In the interim, Washington regrouped his forces 

and launched a sharp counterattack. He selected the 

primary British camp area at Germantown, some six 

miles outside the city, as his target, attempting to dupli-
"Attack on the Chew House." (Oil, by Howard Pyle, 1898; Howard Pyle Collection, Delaware Art Museum.) 

cate the tactics that brought victory at Trenton and Princeton. 

During the night of 3- 4 October, the Americans, 

marching in multiple columns, began a twelve-mile approach. According to the plan, the continentals in two 

bodies would strike at dawn along the two main routes 

into town while militiamen and small flanking parties 

would provide deception by simultaneously engaging the 

extreme ends of the cantonment area. But the long approach march proved to be too difficult for the troops to 

execute with precision, and the columns struck piecemeal. The vanguards of both Continental columns enjoyed initial success, overrunning the camps of Howe's 

elite light infantry battalions, even penetrating into the 

village of Germantown. Alert action by the commander 

of the 40th Foot, however, enabled six of his companies 

to occupy the Chew House, a stone structure that commanded one of the roads. 

Washington's advancing columns began to flag, their 

commanders confused in the fog and musket smoke that 

had begun to hang over the battlefield. Meanwhile 

Howe stabilized his lines, brought up reinforcements, 

and counterattacked. His units cut off the 9th Virginia 

Regiment inside Germantown and took most of its men 

prisoners. Several American units mistook each other 

for enemy and opened fire, throwing both columns into 

further confusion. Finally, although the leading American brigades had bypassed the Chew House, the reserve 

units became preoccupied in a futile attempt to storm 

the structure and, consequently, were not on hand to 

help keep the American advance moving. Washington 

reluctantly concluded that prolonging the attack was too 

risky and ordered a withdrawal. Howe, shaken by the 

close call, made only a halfhearted attempt at pursuit 

(easily checked by a rear guard under Maryland's Lieutenant Colonel John Eager Howard) before settling back 

down to the long, hard job of clearing the river of 

American forces. 

The lesson of Germantown was not lost on Washington, who used the winter pause in operations to train his 

troops in professional, European-style tactics. Amid the 

cold and deprivations of the camp at Valley Forge, he 

adopted changes in doctrine and organization, beginning with the preparation of a standard drill by Major 

19 
Sir Henry Clinton (c. 1738-95). (Miniature, by John 

Smart, c. 1777; National Army Museum, London.) 

General Frederick von Steuben for use by both the continentals and militia. Steuben displayed a genius for developing a simple and efficient system for maneuvering on 

the battlefield that drew on many American and European precedents. The result, published in 1779 as Regulations for the Order and Discipline of the Troops of the 

United States, Part I, became the first official Continental Army field manual, and was distributed to the militia 

as well as the regulars. The effort to provide similar 

training to both militia and regulars, however, implied 

no change in the strategic use of the militia. The fundamental commitment to a policy of blending the separate 

talents and skills of regulars and citizen-soldiers remained the same. 

A measure of American success in 1777 was the fact 

that France decided the following February to enter into 

an alliance against Britain. The war in America eventually assumed even larger global implications as first 

Spain and then the Netherlands also declared war on 

their old enemy. The addition of traditional European 

adversaries into the war forced Britain in turn to change 

its strategy. New requirements for ships and men to protect possessions in Europe, Africa, Asia, and the Caribbean turned North America into a secondary theater. 

With resources limited, Sir Henry Clinton, who replaced 

Howe as the British commander in May 1778, received 

20 

orders to develop a new strategy. He began by evacuating 

Philadelphia, just in time to avoid being trapped by a 

French fleet sent to work with Washington. Washington's continentals and New Jersey militiamen caught up 

with the British rear guard at Monmouth, but the resulting battle ended in a draw and the British escaped. 

Action then shifted to the British outpost at Newport, 

Rhode Island, where large contingents of New England 

militia turned out to assist continentals and the French 

fleet in besieging the town. The operation ended prematurely when damage from a storm and an inconclusive 

sea battle caused the French to withdraw and left the 

British still in control of this northern outpost. 

Clinton used this reprieve to implement a new "southern strategy." He consolidated a defensive position in 

New York where a portion of his army could tie down 

Washington's main force. Orders went to Canada to use 

Indians and Loyalists to raid the frontiers of Virginia, 

Pennsylvania, and New York in an effort to force Congress to divert regiments to protect those regions. The 

rest of the British troops were to be used in the south to 

defeat local Continental forces and disperse the militia. 

At that point the Loyalists, whose numbers the Crown 

still grossly overestimated, would be formed into units 

and used to secure the newly regained area. The British 

regulars could then move north against the next state 

and repeat the process. On 23 December 1778 Savannah 

fell to an invading force from New York and Florida. 

The following year a Franco-American counterattack, 

supported by militia units from Georgia and South Carolina, ended in a bloody fiasco- a Bunker Hill in reverse. Clinton then mounted another invasion, this time 

aimed at Charleston, South Carolina. On 12 May 1780, 

after a 42-day siege and gallant defense, Major General 

Benjamin Lincoln's 5,000 continentals and militia were 

forced to surrender in America's worst defeat in the war. 

A second disaster of colossal proportions followed 

almost at once. A crack division of Maryland and Delaware continentals marched south to serve as a nucleus 

for a new field army. Congress sent Gates to take command, assuming that he would repeat his Saratoga success by rallying the militia to augment his regulars. 

Gates impetuously called out a large force and launched 

an offensive without rebuilding his army's supply system. On 16 August 1780 near Camden, South Carolina, 

his troops collided with General Charles Cornwallis, 

now the senior British officer in the south. Gates placed 

all of his militia on the left flank, his continentals on the 

right. The two wings promptly lost sight of each other in 

the smoke of battle. Cornwallis routed the militia, who 

were unfamiliar with linear combat, then wheeled on the 

continentals and shattered them. For the second time in 

a matter of months the Southern Department found 

itself without a field army. 
Daniel Morgan (1736- 1802), left, and John Eager Howard (1752- 1827), heroes of the battle of Cowpens. (Both oils, by 

Charles Willson Peale, Morgan in 1794, Howard in 1782; Independence National Historical Park.) 

By the end of the year, however, American fortunes 

shifted again. Major General Nathanael Greene, who 

had replaced Gates, emerged as a first-rate strategist. He 

used irregular Patriot units in Georgia and the Carolinas, many under former continentals like Francis Marion and Thomas Sumter, to harass British rear areas, 

forcing the enemy to shift attention further north in an 

effort to cut supply lines sustaining the partisans' operations. Cornwallis marched his main body through the 

more populous low country while light forces covered 

the interior. Unfortunately for the Crown, the flanking 

parties ran into immediate trouble at the hands of backcountry militiamen, most notably on 7 October, when a 

force of 900 frontiersmen captured the Loyalist units 

screening Cornwallis' left flank at King's Mountain, 

South Carolina. 

Cornwallis soon suffered a much more devastating 

blow. Contrary to conventional wisdom, Greene did not 

keep his outnumbered force concentrated. He recognized that local militia, if supported by continentals, 

could inflict considerable damage on the vulnerable 

British rear. Exploiting the opening created by King's 

Mountain, Greene concentrated his light troops, both 

infantry and dragoons, under Daniel Morgan, now a 

brigadier general. From a vantage point well inland 

from the Southern Department's main body, Morgan 

could slip behind CornwaJlis, rally militiamen, and begin offensive operations against British supply trains 

and bases. 

Cornwallis, on the other hand, was determined to 

push the main Continental force back in order to gain 

time to pacify South Carolina. At the same time, he 

concentrated his remaining light troops under his best 

junior leader, Lieutenant Colonel Banastre Tarleton. 

They were ordered inland to neutralize the threat to his 

flank by finding and crushing Morgan. On the evening 

of 16 January 1781 Thrleton began closing in on his 

quarry, who had halted at Cowpens, South Carolina. 

Morgan, well trained by Washington, spent that evening preparing for the forthcoming battle. He had selected a battlefield in the open woodland, relatively free 

of undergrowth, with large patches of open pasture 

dominated by a small hill. After carefully studying the 

strengths and weaknesses of his troops, he positioned 

them to take maximum advantage of the terrain and to 

play on Thrleton's known impetuosity. The most reliable 

part of his force consisted of veterans of Steuben's rigorous VaHey Forge training - a battalion of Maryland and 

Delaware infantry under Lieutenant Colonel John Eager 

Howard and two companies of Virginia volunteer militia, all ex-continentals. He placed these troops as a main 

line of resistance on the hill. He sent the militiamen 

21 
from the Carolinas and Georgia to form a line about 150 

yards in front of the continentals, and a smaller skirmish 

line another 150 yards further forward. Morgan's military genius was revealed in this use of his militia. Realizing that they lacked the training to stand and slug it out 

with the Redcoats, Morgan told them merely to wait for 

the enemy to get in range, fire two well-aimed shots per 

man, and then retreat. He was able to instill confidence 

by his homespun style of leadership and by taking time 

to visit each small group before the battle began. By 

telling the militia in advance that retreat was expected, 

he avoided the danger of panic and rout. He positioned 

them in such a way that the effect of their fire would 

disrupt Thrleton's advance and force him to commit his 

reserves before his troops closed with the main line of 

continentals. 

On 17 January the trap was sprung. Tired British and 

Loyalist soldiers reached Cowpens and were quickly ordered into a line, supported by two small field guns. As 

they advanced, the American skirmish line fired its two 

volleys and withdrew, as did the second line of militia. 

The casualties they inflicted, and the sudden shift in 

their lines, led Thrleton, as Morgan had predicted, to 

commit his reserves. The British continued their advance, confident of victory because they had so easily 

swept the ftrst two American elements from the battlefield. But there was to be no duplication of Camden. 

The British ground to a halt when they collided with 

Howard's regulars. Thrleton committed his cavalry on 

the flank in an effort to turn the American line, but it 

was driven back by the Continental dragoons in heavy 

hand-to-hand fighting. Howard, meanwhile, slowly retreated, drawing the British infantry forward and increasing their disarray. As soon as he judged the 

confusion sufficient, Howard ordered his veterans to 

counterattack with bayonets. The shock of the sudden 

charge, coupled with the reappearance of the American 

militiamen on the flanks where Tarleton's exhausted men 

expected to see their own cavalry, proved too much. The 

British line collapsed, and Morgan's men took over 600 

prisoners, overran the two artillery pieces, and captured 

Thrleton's wagon train. In less than an hour, Cornwallis' 

light infantry, some of his best soldiers, had been lost. 

Cornwallis immediately attempted to counteract the 

Cowpens defeat by chasing Greene all the way to Virginia. The British became so exhausted by this futile 

effort that they had to withdraw to the coast, where 

Cornwallis could establish a base and refit his regiments. 

Greene then seized the initiative. By concentrating on 

quality and mobility, he turned the small size of his army 

into a logistical advantage. Large militia contingents 

were called out only on the eve of a battle and used as 

they had been at Cowpens. Greene began his offensive 

with a battle at Guilford Court House, North Carolina, 

22 

on 15 March 1781. North Carolina and Virginia militia 

brigades opened the engagement by delaying and disrupting the British advance. The continentals then punished Cornwallis' regiments with accurate musket fire 

and a bayonet charge, and when Greene began to lose 

control, he carefully broke off the action, knowing that 

as long as his main body remained intact, the British 

could never disperse to deal with the irregulars. By September a repetition of these tactics, coordinated with 

attacks on depots and outposts, left the British isolated 

in Charleston and Savannah. 

Meanwhile, Washington's main army in the north had 

been reinforced by a division of French troops under 

Lieutenant General le comte de Rochambeau in the summer of 1780. Washington immediately began planning a 

joint land-sea assault on New York City. A victory 

against this British stronghold, he reasoned, would have 

a decisive impact on the war, depriving the enemy of his 

major naval base and breaking the will of the English 

people to support further hostilities. The French, however, were reluctant to strike against the heavily defended 

British position. Washington was forced to abandon his 

plan, and he spent the year inconclusively in a wide 

defensive arc around the city. 

By the summer of 1781 Cornwallis bad moved into 

Virginia in an effort to cut Greene off from reinforcements and supplies. This tactic failed to achieve the desired results, as continentals under Major General le 

marquis de Lafayette and Brigadier General Anthony 

Wayne, reinforced by Virginia militiamen, prevented the 

British from permanently occupying any important inland city. General Clinton finally ordered Cornwallis to 

terminate his offensive operations and find a site for a 

naval base on the Chesapeake Bay. Ships operating from 

such a base, under the protection of a reasonably small 

garrison, could effectively disrupt the American tobacco 

trade, the primary source of the Continental Congress' 

hard currency. Cornwallis was then to send the rest of his 

men to reinforce New York. On l August, on the advice 

of naval and engineer experts, he selected Yorktown, 

Virginia, as his base. 

Washington's plan for the 1781 campaign again depended on the cooperation of the French for an attack 

on New York City. In early July, in anticipation of that 

event, Rochambeau's troops moved to the vicinity of 

New York City from their winter quarters in Rhode Island, and the allied staffs began reconnoitering the approaches to Manhattan. In mid-August dispatches 

arrived from Admiral le comte de Grasse, however, announcing that he did not wish to risk his warships at 

New York and that his fleet would sail instead to the 

Chesapeake, bringing a force of French troops with him 

from Santo Domingo. 

Washington and Rochambeau immediately changed 
their plans. Instead of striking at Clinton, they now 

decided to capture Cornwallis. On 20 August they led 

the vanguard of an allied army across the Hudson on a 

rapid march south, covered by an elaborate deception 

plan to lull Clinton. Six days later de Grasse's ships 

entered the Chesapeake and on 2 September began landing French troops near Williamsburg to join forces with 

Lafayette and Wayne. A British relief force engaged de 

Grasse's ships three days later off the Virginia Capes, 

but was unable to break through to Cornwallis. Its retreat to New York sealed any chance the British at 

Yorktown had of escaping by sea. 

On 14 September Washington and Rochambeau arrived at Williamsburg, joined over the following days by 

their regiments. The consolidated force, with a logistical 

base firmly established at Williamsburg and with the 

French fleet in control of the Chesapeake, set out on 28 

September to bring Cornwallis to battle. Militiamen, 

reinforced by French light troops, blocked any retreat 

across the York River at Gloucester. The main body 

forced Cornwallis' outposts to withdraw and on the 

night of 30 September began digging the trenches for a 

"They Scrambled Up the Parapet" portrays the capture 

of Redoubt 10 at Yorktown. (Oil, by Howard Pyle, c. 

1898; Howard Pyle Collection, Delaware Art Museum.) 

formal European-style siege of Yorktown. Morale 

among the allies soared, the two contingents engaging in 

competitions to demonstrate which was more efficient 

and professional. 

As the siege progressed, heavy guns were moved ever 

closer to the defenders' earthworks. 1\vo isolated outworks, known as Redoubts 9 and 10, presented the last 

obstacle. On 14 October, Washington ordered a night 

bayonet attack to capture them. Elite French troops under le vicomte de Noailles, Lafayette's brother-in-law, 

were assigned Redoubt 9; Lafayette's light infantrymen 

under Lieutenant Colonel Alexander Hamilton were to 

assault Redoubt 10. Each attacking column marched 

with unloaded muskets to prevent accidental discovery. 

Number 10 fell after a quarter of an hour's fighting; 

Number 9, a few minutes later. Engineers immediately 

began incorporating the positions into the allied siege 

lines, and a few days later, as heavy guns pounded his 

final positions, Cornwallis was forced to ask for terms. 

The surrender took place on 19 October amid pomp and 

circumstance. Although no one realized it at the time, 

Yorktown would be the last major battle of the war. 

On 19 April 1783, eight years to the day after the first 

shots at Lexington, an armistice halted the fighting. Almost immediately Congress began disbanding the Continental Army. The Treaty of Paris ending the war and 

recognizing American independence followed on 3 September. Washington returned his commission as Commander in Chief to the nation's civilian leaders, then 

meeting in Annapolis, Maryland, on 23 December; the 

soldiers of his last regiment received their discharges at 

West Point, New York, on 20 June 1784. 

America's victory surprised many European observers. Some attributed it to the effect of the frontier; others, to British blunders. Actuaily, a key factor in the 

victory came from the successful innovations Washington and his generals made in the traditional colonial 

approach to warfare. The Americans created a unique 

mix of militia and regulars, each with clearly defined 

functions, and employed a conservative defensive strategy combined with selective offensive blows against targets created by British mistakes. The militia served as the 

enforcement arm of Revolutionary government and carried out the traditional function of local defense with 

renewed vigor. In essence, the existence of the militia 

restricted British authority to those areas physically occupied by Royal troops. The continentals, improving on 

the Provincial model of earlier wars, performed missions requiring a main battle force able to operate for 

extended periods and in any geographical location. 

Their strengths, particularly their offensive capabilities, 

complemented the militia's and prevented British commanders from dispersing their troops to crush local resistance. 

23 
"The Surrender of Cornwallis at Yorktown" was painted by the Continental veteran, John Trumbull. (Oil, 1797; copyright 

Yale University Art Gallery.) 

Achieving these results was not a simple task. Politicians frequently bristled over any hint of challenge to 

their authority, while military leaders grumbled about 

inefficient civilian administration and critical deficiencies in logistical support. In fact, there was little military 

threat to congressional authority. Even in the two most 

celebrated cases of unrest, the mutinies in 1781 by enlisted men from Pennsylvania and New Jersey and an 

officers' protest in 1783 known as the Newburgh Conspiracy, the continentals accepted the ultimate authority 

of Congress and the state governments. In the end, it 

was not any challenge to congressional authority that 

threatened the Revolution, but rather the weakness of 

the central government. Washington and his staff faced 

almost insurmountable difficulties in the day-to-day 

conduct of the war because of the frustrations involved 

in dealing with an ineffectual Congress. 

Washington's personal example of unparalleled devotion to duty clearly played a critical role in victory. To 

most Americans he, rather than the Continental Congress, became the symbol of the Revolution. He took 

great pains constantly to remind the soldiers that they 

were engaged in a common struggle for liberty, and he 

24 

used his officers, especially chaplains like Abraham 

Baldwin of Connecticut, to turn the Army into a school 

devoted to the civic obligations of the American citizensoldier. Military service, either in a contingent of mobilized militia or as a regular in the Continental Army, 

thus became an important formative influence on men 

from every state. By serving side by side, they came to 

understand that a unified country had greater potential 

and strength than any single state or loose confederation 

of states, and many came to identify themselves first as 

Americans and as Virginians or New Yorkers only in a 

secondary sense. Washington and his fellow military 

leaders also formed ties of mutual respect and friendship with the politicians who supported them in Congress and in the state governments- ties that would 

survive the war. When these citizen-soldiers of the Revolution returned to civilian life, they did so as experienced 

leaders, confident about assuming new duties in their 

communities and eager to build a new nation. 
The Articles of Confederation 

The lfeaty of Paris ended the Revolution, established 

the United States as a member of the community of 

nations, and fixed its boundaries. But it also left formidable tasks in its wake. Americans still had to convince a 

sceptical world that their new nation could maintain an 

effective government for its people, assert control over 

its new lands, and protect national interests beyond its 

borders. In trying to solve these problems during the 

first years of independence, the nation faced fundamental questions both about the relationship between the 

states and the central government and about the nature 

and role of military forces in a free society. 

When Richard Henry Lee had introduced Virginia's 

resolution in 1776 calling on Congress to vote for independence, he had also urged the delegates to draw up an 

instrument to govern national affairs. Even as Jefferson's committee began drafting the Declaration of Independence, a second group headed by Pennsylvania's 

John Dickinson had taken up the task of fashioning 

Articles of Confederation- the nation's first constitution. 

Dickinson proceeded to write the basic draft himself. 

An eminent lawyer, he believed that the Articles should 

preserve the familiar organization of American society 

and restore the liberties lately threatened by Parliament. 

At the same time, Dickinson was a pragmatic politician 

who realized that the nation's first and most important 

task was to ensure its survival in a war against a vastly 

more powerful enemy. His Articles, therefore, were designed primarily to deal with the war emergency, providing the Continental Congress with the specific powers 

needed to meet Washington's military needs. A militiaman himself, Dickinson counted on the states to maintain local forces adequate to local defense-the 

"well-regulated" (well-trained, well-organized, and wellequipped) militias that had played so important a role in 

the ideology of the colonial days. But, as the presence of 

a British army in New York City made clear, situations 

could arise that no single state or region could handle. 

He planned, therefore, to turn Congress into a national 

government with strong central powers, especially in the 

military arena, and provide after-the-fact justification 

for the creation of the Continental Army (see Selected 

Documents). Congress debated Dickinson's Articles in 

the summer of 1776, focusing on powers to be retained 

by the states, but then put the revised draft aside to deal 

with other matters. 

In the interim, individual states organized their governments on a formal basis, replacing their extralegal 

conventions with governors and legislatures established 

under state constitutions. By early 1777 ten states had 

completed this process. Connecticut and Rhode Island 

simply dropped references to the King from their colonial charters and continued business as usual. Massachusetts did not finish writing its new document until 

1780. These new governments were largely moderate in 

nature; most called for a two-house legislature, with the 

interests of property owners represented in one and the 

concerns of the population at large in the other. The 

constitutions also provided for elected governors, although with less power than previously held by the departed Royal appointees, and for new state court 

systems. The most common innovation in these state 

constitutions was the inclusion of a formal bill of rights. 

Virginia's Bill of Rights, drawn up by George Mason, 

was the first and served as a model for most of the 

others. Thrning the new state governments into functioning entities absorbed the energies of many able leaders 

as they assumed the demanding work of such positions 

as governor, judge, and state legislator. In this critical 

time in the nation's history, talented men like New Jersey's William Livingston, who in the past had served 

simultaneously in his colony's legislature and in the 

Continental Congress, now became absorbed in purely 

John Dickinson (1732- 1808). (Oil, by Charles Willson 

Peale, 1770; Historical Society of Pennsylvania.) 

25 
state affairs. 

Meanwhile, the Continental Congress turned its attention to General Washington's requests for help. In 

retrospect, the national legislature proved to be an impediment to the progress of the war. Established primarily as the instrument to develop a joint defense effort, 

the Congress was responsible for enlisting a Continental 

Army, obtaining reinforcements when needed from the 

state militias, paying and supplying the troops, and conducting a foreign policy that supported the independence movement. But even Dickinson's original draft of 

the Articles, caJling for a far stronger centralization than 

provided by subsequent versions of the document, had 

envisioned supporting no more than the basic military 

machinery as it existed in the summer of 1776: a small 

body of regulars enlisted annually and backed by large 

numbers of militiamen. 

The loss of New York City in September 1776 had led 

a reluctant Congress to accept Washington's advice and 

create a much larger regular Army- one raised for the 

duration of the war and trained to meet European 

troops in open battle- but Congress was never able adequately to sustain this expanded version of a national 

defense system. It left Washington to wrestle with the 

problems of organizing and fielding an expanded force. 

He did this by coordinating with the various state governments to ensure that a sufficient number of regiments were mobilized and positioned in time to counter 

the Howe-Burgoyne offensive. Congress, meanwhile, 

faced the perhaps even more daunting problem of finding the necessary weapons, equipment, medicines, and 

food for the American forces, a logistical operation on a 

scale never before attempted in North America. Given 

the weakness of the congressional system, failure was 

predictable. By the time Washington's main army moved 

into Valley Forge in December 1777, Quartermaster 

General Thomas Mifflin's supply system had collapsed 

from the strain. 

During the next year Washington and his staff pressed 

for more immediate and responsive congressional support, but politicians with a residual aversion to standing 

armies incorrectly interpreted Gates' victory at Saratoga 

in October 1777 as vindication for a return to the older 

defense model. These delegates, working with a minority of Army officers, including Mifflin and Gates, 

pressed for a reduction in the number of continentals 

and a return to the earlier militia ideal of the yeoman 

farmer. Washington, most of his senior officers, and 

other delegates fought this movement, and early in 1778 

the issue came to a head in an ill-defined confrontation 

known to history as the Conway Cabal. 

Pushed by Mifflin, Congress in October 1777 had reorganized the Board of War, its committee that exercised 

general oversight over defense, by adding outside experts 

26 

and in other ways attempting to transform the group 

into a true executive arm for military affairs. Gates was 

named the Board's presiding officer in a manner that 

implied that Washington would lose overall control of 

the war effort. This implication was reinforced when 

Congress then attempted to launch an invasion of Canada without coordinating its plan with the Commander 

in Chief. Meanwhile, Gates and Mifflin schemed to get 

Lafayette, a member of Washington's staff and considered by many congressmen as the key to alliance with 

France, to serve as a stalking horse for Major General 

Thomas Conway, the Board of War's Inspector General 

and their real choice to lead the expedition. The young, 

politically sophisticated Frenchman, however, refused to 

cooperate. His adherence to the military chain of command, Conway's own intemperate remarks, and the 

emergence of strong congressional backing for Washington in the form of a "Committee to Camp" were sufficient to turn back this challenge. Although Congress, led 

in this instance by Gouverneur Morris, supported Washington by preserving the basic military structure intact, 

it again failed to make any fundamental improvements 

in the administrative machinery to support the war effort. Piecemeal reforms would allow the Army merely to 

stagger along until final victory. 

Washington paid a heavy cost in time and energy because of this inability of a weak Congress to support the 

Army adequately. The Commander in Chief often had 

to put aside questions of strategy, tactics, and morale in 

order to try to convince thirteen separate state governments of the need to provide supplies and money. And 

despite the national importance of his military needs, 

his was merely one voice among many vying for the 

attention of state leaders. Governors, even those deeply 

committed to the welfare of the Continental Army such 

as William Livingston, George Clinton, and Jonathan 

Trumbull, possessed only limited powers under the new 

state constitutions, and they had to submit Washington's 

pleas for men and supplies to their legislatures, where 

approval was often tied to local political concerns. As 

the war progressed and the needs of the Army multiplied, the lack of strong national government one step 

removed from local and state concerns increasingly frustrated or hobbled Washington's ability to conduct the 

war. 

When Congress had resumed its consideration of the 

Articles of Confederation in 1777, the concentration on 

state interests by important leaders was reflected in a 

renewed effort to dilute the powers given to the central 

government by Dickinson's proposed Articles. Led by 

North Carolina's Thomas Burke, Congress further 

amended the draft Articles, shifting more power back to 

the states. On 17 November the new draft was forwarded 

to the states for approval. Twelve quickly agreed, but 
Marie-Paul-Joseph-Roch-Yves-Gilbert du Motier, marquis de Lafayette (1757- 1834). (Oil, by Charles Willson 

Peale, 1781; Independence National Historical Park.) 

implementation was blocked by Maryland. Thking advantage of the requirement for unanimous consent- the 

same condition imposed on the vote for independenceMaryland insisted that states with claims to the vast 

unsettled regions of the west transfer jurisdiction of 

these lands to the national government as the price for 

its support. Finally, after Virginia promised to make this 

concession, Maryland's delegates signed the document 

on 1 March 1781 and the Articles took effect. 

Actually, the Articles merely formalized a national 

government that in most essentials remained severely restricted. Under their terms, the United States remained a 

"firm league of friendship" that bound together thirteen 

independent entities. No provision existed for a national 

executive or judicial organization, and the one-state, 

one-vote procedure rule in the old Continental Congress 

continued to frustrate the political process. The national 

legislature lacked authority to impose taxes, and therefore could not provide for its own revenue. It could only 

ask the states to make contributions "for the general 

good." The Continental Army was responsible to the 

Congress, but it consisted of troops raised and sustained 

by the individual states. Congress could not enforce the 

quotas it set for each state, and control of the purse 

strings allowed the state legislatures to retain a final say 

Connecticut Governor Jonathan Trumbull (1710- 85). 

(Miniature, by John Trumbull, 1793; copyright Yale 

University Art Gallery.) 

in many areas of military matters. In foreign affairs, 

although Congress could enter into treaties and conduct 

diplomacy, it did so only as an agent of the states, and 

the states technically were free to pursue independent 

agreements with other nations or Indian tribes. In a 

related area, Congress could not control international 

trade, or even trade between the states. 

These were precisely the weaknesses in government 

that were being attacked by many Americans, especially 

those in uniform, who were witnessing firsthand the 

problems they caused in times of crisis. The signing of 

the Articles only seemed to energize an emerging nationalist element in Congress which became more outspoken 

in calling for a stronger central government. In 1781 the 

group won a small victory when three executive departments-military affairs, finance, and foreign affairs, all 

approved by and responsible to the Congress-were 

added to the government. The nationalists, however, 

failed when they pushed for substantial change in the 

vital area of taxation. To achieve any semblance of national authority, they argued, Congress required an independent source of income, and to that end they 

proposed an import duty known as the Impost. Twelve 

states reluctantly supported the idea, but it died when 

Rhode Island, fearing disruption of its economy which 

27 
Secretary at War Benjamin Lincoln (1733- 1810), left, and Secretary of Foreign Affairs Robert R. Livingston (1746-1813). 

During the winter of 1781- 82, Charles Willson Peale painted these two department heads who served under the Articles of 

Confederation. (Both oils; Independence National Historical Park.) 

depended heavily on commerce, adamantly refused to 

approve the idea. 

As the Revolution drew to a close the nationalists were 

defeated on a second critical issue. Shifts in congressional membership and a revival of old ideological objections to a standing army in the traditional European 

sense resulted in strong opposition to the work of a 

congressional committee established in April l783 under 

Alexander Hamilton to explore the idea of a peacetime 

army. The committee requested General Washington's 

views, and he in turn solicited the opinions of his most 

trusted subordinates before transmitting his "Sentiments on a Peace Establishment:' in effect an official 

Continental Army position, to Hamilton on 2 May. To 

these officers the Revolution had underscored the need 

for a peacetime military establishment consisting of a 

small regular Army, a uniformly trained and organized 

militia, a system of arsenals, and a military academy to 

train the Army's artillery and engineer officers. 

The most original part of Washington's "Sentiments;• 

echoed by Generals Steuben and Knox in later pamphlets, called for institutional change in the militia. The 

generals never questioned the basic premise that every 

individual owed society military service. On the contrary, they argued that the lessons of the Revolutionary 

28 

campaigns showed that national defense depended heavily on the contribution of the citizen-soldier and that a 

"well-regulated" militia would eliminate the need for a 

large peacetime force. At the same time they considered 

the existing system defective and proposed reforms to 

enable the militia to serve more effectively with the regulars on the battlefield. Specifically, they called for the 

establishment of uniform organization and training, and 

the creation of a select force, composed of men between 

the ages of 18 and 25 who would receive special advanced training beyond that received by the average militiaman. This was not a radical change; it simply 

formalized the old idea of the Minutemen, bringing 

them under supervision of the national government 

rather than the individual states. 

Washington's proposal was a reasoned attempt to 

match resources to the realities of the American situation, both militarily and politically. Hamilton's committee modified these proposals somewhat and 

recommended their adoption. But the opposition was 

too strong. Buoyed by the prospect of peace and dubious of the need for a comprehensive program, Congress 

voted down the original plan in May and again in October 1783. The following April it rejected a further 

scaled-down version, in part because New York feared 
that the four proposed battalions of regulars, continentals primarily from Massachusetts, might take sides in a 

land dispute between the two states. Finally, on 3 June, 

one day after ordering the discharge of the last Continental regiment, Congress created a peace establishment, a single regiment under Lieutenant Colonel 

Josiah Harmar. The First American Regiment consisted 

of eight companies of infantry and two of artillery (perpetuated by today's 3d Infantry and 1st Battalion, 5th 

Field Artillery). It was enlisted for a single year and 

ordered to oversee the occupation of the western lands, 

chiefly by creating a buffer zone in the wilderness between settlers and Indians. Other military duties were 

left to the militias of the individual states. These militias, which had absorbed many of the ex-continentals 

upon their discharge, were expected to maintain combat 

readiness. 

Demobilization of the Continental Army did not end 

the network of associations that had developed among 

its veterans, the militiamen who had served with them, 

and those nationalist political leaders who had supported the Army in Congress and the states. All returned 

to peacetime civilian life with shared memories of the 

inadequacies of the Articles of Confederation. The fellowship forged during the war remained particularly 

strong among ex-Continental officers. Some, like Washington, had been Masons before the war, and many 

more joined that order during the struggle. When they 

returned home, they promptly organized chapters 

among fellow veterans to preserve contacts made during 

the war. Some officers helped establish the first national 

veterans' organization, the Society of the Cincinnati. 

The group's name was a deliberate attempt to evoke the 

classical ideal of the citizen-soldier as personified by 

Lucius Quintus Cincinnatus, who returned to the life of 

a simple farmer after leading the armies of Rome to 

victory. Although Washington served as the organization's first president-general, the society was not without 

its critics, who saw it as an effort to establish a form of 

hereditary artistocracy. 

A third, more popular, postwar association evolved 

from efforts by veterans to improve their economic status by settling new lands on the nation's frontiers. 

Groups like the Ohio Company, organized by former 

Brigadier General Rufus Putnam of Massachusetts, 

copied another Roman idea, seeking to stabilize the 

frontier by establishing towns populated by discharged 

soldiers and their families at the limits of civilization. 

Used to discipline, these settlers, who would form the 

basis of the region's postwar militia, were considered less 

prone to start trouble with the Indians and would, therefore, help eliminate the need for a large regular army. 

(Included among the more notable settlements founded 

in the Ohio territory under this scheme were Cincinnati, 

named for the veterans' order, Dayton, named for Constitution signer Jonathan Dayton, and Marietta, named 

for Putnam's wife.) 

This approach to settlement attracted considerable 

support as Congress began to wrestle with the responsibility it had gained under the Articles for the western 

territories. On 23 April 1784 it approved a plan, originally drafted by Jefferson, providing for an orderly transition to self-government in the Northwest Territory. A 

second resolution, the Land Ordinance of 1785, established procedures for the surveying and settling of the 

west. Ironically, Congress sought to accomplish these 

tasks through a process very similar to George III's infamous Proclamation of 1763. Finally, on 13 July 1787 

Congress passed the Northwest Ordinance, which established a territorial government to rule the area until settlement reached a density sufficient to form states. 

Congress' weakness actually complicated western settlement because the limited ability to conduct negotiations and to field military forces left the nation's frontier 

vulnerable. Congress could only stand by, for example, 

when the British refused to evacuate those western forts 

ceded to the United States under the terms of the 'freaty 

of Paris. From these bases, British merchants involved 

in the fur trade worked to encourage tribal resistance to 

the American government, thus contributing indirectly 

to sporadic Indian raids on settlers pushing westward 

into the trans-Appalachian area. Most significantly, in 

December 1786 British officials in Detroit hosted a 

meeting of Indians from ten tribes in an attempt to organize opposition to the American advance into the Ohio 

Valley. To make matters worse, individual state governments began to prepare for independent military action 

to meet the danger, prompting Henry Knox, who had 

been appointed Secretary at War in 1785, to warn Colonel Harmar that as commander of the First American 

Regiment he was an official of the United States and 

therefore not responsible to any governor. 

The financial restrictions on Congress created even 

more complex problems. The postwar depression had hit 

small farmers and small merchants particularly hard. 

Elimination of traditional British markets coincided 

with a period of rampant inflation in the United States, 

and Congress lacked the power to impose a retaliatory 

tariff to force open foreign markets. At the same time it 

was unable to standardize currency or set financial policies to reduce the impact of the inflation. Shortages in 

hard cash coupled with business failures and farm foreclosures created unrest throughout the nation, but especially in western counties, which traditionally had been 

underrepresented in state legislatures. 

Washington quickly emerged as the leader most concerned with the postwar development of the west. His 

understanding of the region's potential dated to his par29 
ticipation in the Fort Necessity campaign of 1754. As a 

private citizen, he later invested heavily in the region. 

Washington feared that without positive government 

action, western settlers inevitably would begin to use 

either the Mississippi River or the Great Lakes as trade 

routes and drift away from the union. He wanted to 

develop east-west lines of communications. New roads 

and improvements in river navigation, he reasoned, 

could be used both to supply military posts and to support economic development. He urged elected officials 

to pursue this idea, and in the fall of 1784 he made a 

640-mile trip through Virginia's frontier regions to assess their potential for development. This expedition 

strengthened his conviction that the Potomac and James 

rivers, in particular, could be improved and tied in to the 

Ohio River basin to bind the western settlements to the 

nation. 

Washington's great personal prestige and his active 

interest in the economy of the west provided an essential 

catalyst to the process that eventually led to an effective 

solution to the nation's economic and political stalemate. While some delegates continued to push in Congress for action, Washington joined with James 

Madison and others who looked to the states to break 

the deadlock. Although a grateful public would later 

dub Madison the Father of the Constitution, in fact 

nothing that he later did would outshine his contribution to the constitutional process in the mid 1780s. Pursuing a carefully thought-out plan to strengthen the 

national government, he had asked Virginia's General 

Assembly in the summer of 1784 to send representatives 

to Maryland to resolve tariff disagreements over the use 

of the Potomac River. Seizing upon Washington's interest in the river's development, Madison broadened the 

agenda of the meeting to include issues relating to the 

area's economic development and persuaded the general 

to serve on Virginia's delegation. The presence of the 

nation's premier war hero, the common interests of leadGouverneur Morris (1752 1816), left, and Robert Morris (1734-1806) held the Continental Congress' finances together 

during the later years of the Revolution. (Oil, by Charles Willson Peale, c. 1783; courtesy of the Pennsylvania Academy of 

Fine Arts.) 

30 
ing figures on both sides of the river, and the fact that 

the individuals knew each other on a personal basis all 

contributed to the meeting's success. 

The representatives agreed to form a quasi-public corporation, the Patowmack Company, to carry out improvements to the waterway and collect tolls to finance 

them, with each state purchasing a block of stock to 

provide seed money. The agreement eliminated all jurisdictional and customs issues for that part of the river 

above the Great Falls. Both states approved the agreement, but Washington was dissatisfied. He and Madison 

believed that although progress on the Potomac issue 

represented a first step toward the long-range goal of 

securing the west, other states, especially Pennsylvania, 

needed to become involved. Washington's personal financial involvement in the new Patowmack Company 

forced him to relinquish public leadership of the drive, 

but Madison quickly assumed command. 

Madison won agreement to a second Virginia-Maryland conference, which in the end was held at Washington's home after some confusion caused by Virginia's 

failure to notify its delegates of the meeting. On 28 

March 1785 Virginia and Maryland signed the Mount 

Vernon Compact, which granted reciprocal rights to seamen of each state in using the Chesapeake Bay and its 

tributaries, settled criminal jurisdiction and safety responsibilities, and recommended solutions to the more 

complex issues of import-export duties and currency exchange. The delegates forwarded the draft compact to 

their legislatures for approval with the recommendation 

that yet another meeting be held, this time with other 

states present and with an agenda that included the Ohio 

River system. 

The success of the Mount Vernon meeting encouraged 

Madison to proceed with his long-range plan to discuss 

broader constitutional issues on the state level. He had 

been repeatedly frustrated in his efforts to persuade the 

Virginia General Assembly to send instructions to its 

delegates in the Continental Congress to push the states 

to grant Congress expanded powers to deal with the regulation of interstate and international trade. Now, after 

winning approval for the Mount Vernon Compact, he 

changed his tactics and introduced a proposal in the 

Virginia Assembly to act on the suggestion of the Compact commissioners. On 21 January 1786, after a week 

of debate, Virginia issued an invitation to all the states 

to attend a special meeting on commercial issues in Annapolis, Maryland, in the first week of September. 

Washington, with strong support from Madison and 

others interested in strengthening the national government, immediately began lobbying among the continental veterans throughout the country to persuade the 

other states to name delegations. 

Eventually twelve representatives from five states met 

at George Mann's Thvern, which became the site of the 

Annapolis Convention.• Four other states (New Hampshire, Massachusetts, Rhode Island, and North Carolina) named delegations, but none of their 

representatives arrived in time for the meeting. The remaining four states (Connecticut, South Carolina, 

Georgia, and Maryland) decided against participation. 

Informal discussions among the delegates, most of 

whom were old friends from Congress or the Continental Army, preceded the opening session on 11 September, 

when Delaware's John Dickinson, the senior statesman 

of the group, was chosen chairman. The delegates 

agreed immediately that they could not proceed with the 

stated purpose of the meeting because so many states 

were unrepresented and because the states with delegates 

in attendance had each given their representatives different powers. At the same time, the delegates, all strong 

nationalists, decided that some positive action should 

result from the abortive meeting, and they appointed a 

committee to draft a report to the individual state legislatures and Congress. 

The delegates agreed that the question of trade regulation could not be divorced from larger political issues 

relating to the weaknesses of the Articles of Confederation, but this opened a subject they had no authority to 

discuss. Apparently Abraham Clark of New Jersey suggested that the report recommend a second meeting explicitly empowered to frame measures to strengthen the 

Articles. Alexander Hamilton drafted a report along 

these lines, but other members of the committee considered his proposals too strong, so he, Madison, and Edmund Randolph reworked it. The full convention spent 

two days amending the final report, which summarized 

their instructions and activities, pointed out the need for 

a broader mandate, and issued a call for a meeting to be 

held in Philadelphia on the second Monday in May of 

1787. Dickinson signed the finished report, and the 

meeting broke up on the afternoon of the 14th. 

The delegations each carried a copy of the report 

back to their state legislatures. Dickinson took a copy to 

the Continental Congress where he introduced it on 20 

September. On 21 February, after consideration by a 

committee containing representatives of each state, Congress concurred and endorsed the call for a convention 

at Philadelphia. By that time seven states had already 

voted to send delegations, and five more soon followed 

suit. Only Rhode Island decided not to participate. 

During the summer and fall of 1786 a wave of spontaneous, grassroots protests spread across states from 

Maryland to New England and imparted a sense of urgency to plans for the Philadelphia meeting. Again, eco-

' For an extended discussion of the Annapolis Convention, see 

Appendix A. 

31 
Annapolis as it looked about 1794, shortly after the Annapolis Convention. (Detail from a watercolor, attributed to C. 

Milburn, c. 1794; courtesy of Hammond-Harwood House Association.) 

nomic problems were the catalyst, as the nation's debtor 

farmers became frustrated with the indifference to their 

plight shown by the mercantile interests who dominated 

most state governments. Threats gave way to occasional 

violence as farmers blocked court sessions to prevent 

foreclosures. In Massachusetts' westernmost counties, 

mobs shut down the county courts; their actions earned 

a stinging denunciation from Governor James Bowdoin 

and criminal indictments for the suspected ringleaders 

from the state supreme court. The wave of protest 

crested in late September when a group of armed men, 

informally led by Daniel Shays, a 40-year-old former 

Continental Army captain, blocked the court's sessions 

in Springfield. The outnumbered local militiamen under 

Major General William Shepard, another Continental 

veteran, offered no resistance. The following month a 

letter signed by Shays and other ringleaders circulated in 

the western counties, calling on the citizens to organize 

and take up arms in opposition to the state government. 

The legislature immediately reacted to the challenge. 

It passed several bills designed to address the protesters' 

32 

grievances, but it also invoked the riot act, suspending 

certain civil liberties, and ordered elements of its militia 

into active service. Secretary at War Knox, observing 

events from the site of the United States Arsenal at 

Springfield, also reacted with alarm. Since no national 

troops were stationed at the facility, which housed a 

significant number of small arms and artillery pieces, he 

asked Congress to raise a national force to protect national property. Congress, citing a larger need to reinforce the frontier, authorized adding over 2,000 men to 

the Army, although only two artillery companies (perpetuated by today's 1st Battalions of the 4th Air Defense 

Artillery and 5th Field Artillery) were actually formed, 

and they arrived in Springfield long after the troubles 

had ended. 

State rather than national troops quelled the civil disturbance. When Shays at the head of some 1,500 men 

actually moved against the arsenal on 25 January 1787, 

he was met by 900 militiamen from eastern Massachusetts under Shephard. In the skirmish that ensued, three 

of Shays' men were killed and another was mortally 
wounded by artillery fire. The rest scattered, and by 

March the militiamen had ended the abortive uprising. 

About a dozen ringleaders were subsequently sentenced 

to death, although none was ever executed. 

Shays' Rebellion, as the incident was immediately 

dubbed, had repercussions far beyond the state's borders. The rioting in western Massachusetts further undermined confidence in the Articles of Confederation in 

its existing form. Supporters of the British before and 

during the Revolutionary War had forecast such a collapse of law and order. Newspapers around the nation 

now reinforced that prediction, circulating dire warnings 

that the union was coming apart and that liberties won 

on the battlefield were about to be lost. Washington 

himself was severely upset by the incident. Many Americans agreed with Massachusetts' Fisher Ames when he 

wrote (under the pen name "Camillus"), "If we fall, we 

fall by our folly, not our fate." The Articles of Confederation depended for success to an unnatural extent 

upon mutual trust and confidence among the people 

living in thirteen separate and independent states; Shays 

showed that more was needed. 

The scene was set for the nationalists to take the center stage. Their demand for the creation of a central 

government powerful enough to transcend the individual interests of states and sections to ensure order and to 

protect the liberties won in the Revolution was beginning 

to attract widespread support. In September 1786 the 

Maryland Journal had printed the first public notice of 

the Annapolis Convention and its recommendations. In 

the course of the article, the editor commented, "Should 

this Address have its Effect, we may hope to see the 

Federal Union of these States established upon Principles, which will secure the Dignity, Harmony, and Felicity of these confederated Republics; and not only rescue 

them from their present Difficulties, but from that insolent Hauteur and contemptuous Neglect, which they 

have experienced as a Nation." The meeting scheduled 

for Philadelphia in 1787 would decide if such hopes 

could be fulfilled. 

The Constitution 

The Constitutional Convention is a major transition 

point in American history between the Revolutionary 

era and the birth of national republican government. 

The delegates who met in Philadelphia in 1787 not only 

fashioned a new form of government to replace the Articles of Confederation, but also submitted their handiwork to the citizens of the individual states for 

ratification. Long debates marked both stages of this 

process. On one side were ranged those who argued that 

survival depended on increasing the efficiency and 

strength of central government; their opponents, worried more about potential abuses, sought to reserve as 

much power as possible to the states, where government 

was closer to the people. The question of military force, 

in the form of an army, navy, and militia, was a central 

topic in these debates. In the end, compromise produced 

a uniquely American solution derived from colonial 

modifications of a European heritage: a federal system 

of checks and balances that divided responsibility between the states and the national government, a separation of the latter's powers into executive, legislative, and 

judicial branches, and a clear subordination of the military to the elected government. 

Although the delegates who assembled in Philadelphia were acutely aware of the immediate threat raised 

by Shays' Rebellion, they were determined to lay the 

foundations for a government that could endure over 

time. They understood that their work would be judged 

in the light of history, and used that discipline as a 

guide. More importantly, however, they understood the 

nature of American society and took a remarkably pragmatic approach to resolving problems. During the Convention, John Dickinson typified this approach when he 

warned his colleagues that "Experience must be our 

only guide; Reason may mislead us." Specifically, the 

delegates' study of history indicated that each of the 

three "pure" systems of government-monarchy, aristocracy, and democracy- when allowed to operate by 

itself had revealed serious flaws. By drawing on their 

English heritage and colonial experience, however, the 

delegates concluded that a mixture of the three, supported by a large and economically secure middle class, 

might provide a workable solution. As South Carolina's 

Pierce Butler later pointed out, the Founding Fathers set 

about developing a government that was practical, not 

one designed for discussion in Europe's philosophical 

circles. 

The representatives met in Independence Hall, in the 

room where the Declaration of Independence had been 

signed. The Convention was slated to open on 14 May 

1787, but for various reasons a quorum was not achieved 

until the 25th. The intervening time was not wasted. The 

Virginia delegation, under the leadership of James Madison and Governor Edmund Randolph, used the delay to 

hold daily meetings and prepare a draft document 

known to history as the Virginia Plan. By 25 May the 

delegations from New York, New Jersey, Pennsylvania, 

Delaware, Virginia, North Carolina, and South Carolina had arrived, along with individual representatives 

from Massachusetts and Georgia. Other delegates continued to trickle in until 23 July, when New Hampshire's 

elected representatives took their seats. Only Rhode Is33 
"The Birch View of Philadelphia in 1800" portrays the city much as it must have appeared to the Framers. (Watercolor, /800; 

Independence National Historical Park.) 

land failed to send delegates. On 10 July two of the three 

delegates from New York departed, leaving Hamilton 

alone and technically unable to cast a ballot for the 

state. During the course of the Convention there were 

two recesses (3- 4 July and 26 July- 6 August). For the 

rest, the delegates met six days a week, usually working 

from ten in the morning until three in the afternoon. 

Given the fact that so many were old friends, much of 

the more important work of compromise and persuasion 

tended to occur in social meetings apart from formal 

Convention sessions. 

The Convention used most of the first week to organize. On the 25th the delegates unanimously chose 

Washington as president. During his career Washington 

won unanimous election to three offices, the other two 

as Commander in Chief of the Continental Army and as 

President of the United States. He was somewhat dubious of the honor now bestowed by the Convention since 

the presiding officer could not participate actively in the 

debates. Yet despite his reservations, Washington played 

an exceptionally important role, setting the tone of the 

proceedings and guiding the body through periods of 

tense discussion. On Hamilton's recommendation, the 

delegates next hired William Jackson, a former Army 

34 

staff officer, as the Convention's secretary. Completing 

arrangements, a committee on rules and procedures 

adapted those used in the Continental Congress, including the provisions that each state delegation cast a single 

ballot and that the states vote in geographical order 

from north to south, the same order the Continental 

Army had used for parade-ground formations. The delegates insisted on maintaining secrecy over their deliberations, reasoning that only within a completely free 

atmosphere could they speak their minds honestly and 

without fear of outside pressure. Secrecy would also allow them to change their votes and conduct the bargains 

necessary for compromise and unity. 

On 29- 30 May the Virginians presented their Plan in 

the form of fifteen resolutions. This tactic, Madison's 

handiwork, gave the nationalists an important advantage by setting out an agenda for discussion. Instead of 

merely amending the Articles of Confederation, the 

stated purpose of the Convention, the Virginians proposed a completely new system. Their plan called for a 

national government of three branches (executive, legislative, and judicial) with a bicameral (two-house) legislature. It vested strong power in the national 

government and required that state officials take an oath 
to uphold the new Constitution. To ensure that the final 

form of the Constitution expressed the will of the people, the Virginians also called for ratification by state 

conventions chosen by special elections. 

Immediately following submission of the Virginia 

Plan, South Carolina's Charles Pinckney submitted a 

plan of his own. Developed along the lines of the Virginia proposal, Pinckney's plan called for a less rigidly 

centralized national government. The Convention, following the same tactics used by the Continental Congress in debating Richard Henry Lee's independence 

resolution in 1776, promptly voted to refer both plans to 

a Committee of the Whole. This standard parliamentary 

technique provided a more open forum for debate under 

the less formal committee rules. When Washington 

turned the gavel over to the committee chairman, Nathaniel Gorham of Massachusetts, the president was free to 

join in the discussion. The Committee of the Whole 

spent most of the time until 13 June debating these proposals, agreeing by majority vote on the first day to 

devise a new national government containing three separate branches. 

The first indication of a division appeared when the 

delegates considered how to apportion representation in 

the new legislature. The more outspoken nationalists, 

frequently those representing the larger states, wanted to 

change the provision of one vote per state, allowing population to control the number of seats, and the number 

of votes per state, in each house. The smaller states 

objected so strenuously to this proposal that by 13 June 

it was clear to all that some sort of compromise was 

needed. On that date the Committee of the Whole reported out a series of nineteen resolutions embodying an 

amended version of the Virginia Plan. This report indicated tha:t despite serious disagreements, a majority in 

the Convention accepted the notion of a new national 

government, and that an increasing number were beginning to accept the idea that power should be invested in 

the people at large, through more proportional representation. 

On 14 June William Paterson of New Jersey asked for 

a day's delay to present an alternative plan drawn up by 

himself, Connecticut's Roger Sherman, and other delegates from small states. This proposal, known later as 

the New Jersey Plan, took the form of nine resolutions 

designed to strengthen the Articles without abandoning 

the essential character of the United States as a league of 

separate and equal states. Although the national legislature's powers would be expanded significantly, each state 

would still retain a single vote. Although proposing a 

less radical solution than the Virginia Plan, the smallstate proposal nevertheless did significantly alter the balance of power within the nation in favor of the central 

government. 

The Convention promptly committed the New Jersey 

Plan, along with the amended Virginia Plan, to the 

Committee of the Whole so that the two could be compared. Debate in committee lasted untill9 June. On the 

18th Hamilton made one of his rare speeches. He deliberately outlined an extreme position (a national government totally dominant over the states) to establish the 

boundaries of the debate. As expected, his notion was 

promptly rejected, but the next day, by a vote of seven 

states to three, with Maryland divided, the Committee 

of the Whole accepted Virginia's modified plan over 

New Jersey's. 

The Convention then debated the same issues in regular sessions during the third week of June. It reached a 

number of compromises about the mechanics of the representation process, but no consensus on fundamental 

issues. Tempers began to flare in the early summer heat 

as debate centered on representation and the powers 

vested in the legislature under the Virginia Plan. As 

early as 29 June a majority of states agreed to proportional representation in the lower house, but a deadlock 

occurred on 2 July over the upper house. To break the 

impasse, the Convention established a new committee 

with membership drawn from each of the eleven states in 

official attendance.' On 5 July that committee reached a 

compromise. The basic idea of the compromise had 

been suggested as early as 2 June by Dickinson, and 

repeated by others in the weeks that followed. It based 

representation in the lower house on population (including thre.e-fifths of the slaves) while giving each state an 

equal vote in the upper house. This suggestion provided 

a way to break the deadlock, although much additional 

work was required to arrive at specific numbers acceptable to all. 

On 11 July discussion turned to slavery, introducing 

the second major representational issue. The heat engendered by this point should have been expected, since 

in 1776 an argument over Jefferson's condemnation of 

slavery had nearly doomed the Declaration of Independence. On 12 July Gouverneur Morris of Pennsylvania 

suggested tying representation to taxation, while deferring consideration of the institution of slavery until a 

later date. This solution proved acceptable and allowed 

discussion to shift to the details of apportioning the 

lower house. The Great Compromise, begun on 5 July, 

held on 16 July in a final vote by a tally of five states to 

four, with Massachusetts split. 

Although a consensus had been achieved on key issues, many minor points of contention remained. At the 

same time, the balanced federal organization outlined in 

the Great Compromise now allowed the delegates from 

' For membership on this and all Convention committees, see Appendix B. 

35 
James Madison (1751 - 1836). (Oil, by Gilbert Stuart, 

1804; courtesy of Colonial Williamsburg Foundation.) 

the smaller states to express their own nationalist sentiments more vocally without fearing that they might 

jeopardize the interest of their state. So much progress 

was achieved that on 26 July a select Committee of Detail began preparing a draft document incorporating the 

results of the sessions held thus far while the delegates 

took a recess to escape the city's heat and humidity. The 

results of this committee's effort was a seven-page document consisting of a preamble and twenty-three articles 

drawn liberally from various state constitutions, the Articles of Confederation, and the Pinckney Plan, and incorporating the basic text of the amended Virginia Plan. 

It assigned names to the offices and branches of the 

national government (President, Congress, House of 

Representatives, Senate, Speaker, Supreme Court) and 

coined many of the phrases, such as "We the People:• 

made famous in the final document. The committee also 

recommended that a favorable vote of nine states in ratification conventions would be sufficient to put the new 

Constitution into effect. This in itself represented a major break from previous arrangements. Both the Articles 

and the Constitutional Convention required unanimity 

for approval, as had the vote for independence. During 

these discussions in late July those favoring a strong 

central government, relying on the leadership of Madison, James Wilson of Pennsylvania, and Gouverneur 

36 

Edmund Jennings Randolph (1753- 1833). (Oil, by Flavius J. Fisher after unknown artist 19th century; courtesy of Virginia State Library.) 

Morris, proved the dominant voice, while Elbridge 

Gerry emerged as the leader of the opposition. 

When the Convention reconvened on 6 August, copies of the committee's work, printed with wide margins 

for notes, awaited the delegates. The number and scope 

of the changes wrought by the committee triggered five 

weeks of detailed, line-by-line debate. Given the sheer 

number of issues, speeches became shorter and the spirit 

of compromise gained strength, although the delegates 

also displayed a tendency to lose patience with minority 

objections. Most potentially explosive issues were resolved through compromises, including national control 

over the militia and explicit restrictions on the states in 

areas such as maintaining their own armies and navies, 

issuing money, entering into treaties, and granting titles 

of nobility. Sometimes compromise merely postponed a 

decision that would eventually require a constitutional 

amendment. In the case of slavery, the failure to achieve 

a just solution at the Convention would lead, after many 

further attempts at compromise in succeeding years, to 

resolution only through a bloody civil war. 

On 31 August a few remaining issues were officially 

turned over to the Committee on Postponed Matters, 

consisting of one representative from each state. It refined much of the previous draft, in the process providing a means for electing the President that made him 
Roger Sherman (1721-93). (Oil, by Ralph Earl, c. 1777; 

copyright Yale University Art Gallery.) 

more independent of the legislature and, in consequence, increased his powers. 

By the close of business on 8 September the review of 

the draft prepared by the Committee on Postponed Matters was essentially completed, and the amended draft 

document was turned over to the Committee on Style. 

The five members of that committee spent from 8 until 

12 September reworking the language of the draft (in the 

process cutting the twenty-three articles in the earlier 

draft to seven), with Gouverneur Morris playing the role 

of chief stylist, much as Jefferson had shaped the Declaration and Dickinson the first draft of the Articles. Morris followed their precedent and used his literary license 

in subtle rewordings that strengthened the document's 

nationalist sentiments. For example, he dropped a listing 

of the states at the beginning of the Preamble, and inserted after "We the People'' the words, "of the United 

States in order to form a more perfect Union." This 

terminology made it clear that the authority behind the 

new government would be derived directly from the people, not from the states as separate entities, as had been 

the case under the Articles. 

One last matter of business remained. By a vote of ten 

to zero the delegates agreed to omit a bill of rights. This 

decision proved to be a costly liability during the ratification process that was about to begin, for much critiWilliam Paterson (1745- 1806). (Oil, by James Sharples, 

Sr., 1794; United States Supreme Court.) 

cism would focus on the lack of such an explicit list of 

popular liberties. The remaining days of the Convention's sessions were devoted to minor editorial corrections in the final wording of the document. 

The system of checks and balances forged on the anvil 

of political compromise at the Convention came into 

focus most significantly when the delegates turned their 

attention to military affairs. Most shared the views expressed by the three men who exercised direct national 

responsibility for military matters under the Articles: 

Secretary at War Knox, Colonel Harmar, and Arthur St. 

Clair, the former Continental general now serving as 

president of Congress. Informed opinion in 1787 identified three threats to national security: civil insurrections 

like the one that had occurred in western Massachusetts 

during the previous year, Indian attacks aided and abetted by the British on the frontier, and, more remotely, 

invasion by European powers. The delegates in Philadelphia set about providing the new national government 

with means to face these three possible threats. 

Like Knox, Harmar, and St. Clair, a majority of the 

delegates had been involved in the prosecution of the 

War of Independence, either on the battlefield, in Congress, or in state governments. That formative influence 

provided a crucial frame of reference during the discussion of military affairs. Delegates were not dealing in 

37 
First page of the Constitution. (Photograph, National Archives and Records Administration.) 
Last page of the Constitution showing the forty signatures. (Photograph, National Archives and Records Administration.) 
Elbridge Gerry (1744-1814). (Oil, by James Bogle after 

John Vanderlyn, 1861; Independence National Historical Park.) 

theory but reflecting personal experiences. They assumed that security in its broadest context provided the 

fundamental reason for any government's existence; 

they feared military dictatorship; and they recognized 

that a more effective governmental system than the one 

used between 1775 and 1783 had to be found. Given the 

precedents of American history, however, the delegates 

had to consider two different approaches to the development of military forces. One, reflecting the experiences 

of the Continental Army, held that the nation needed a 

trained, full-time military force capable of defeating an 

organized enemy on the battlefield; the other emphasized the traditional role of the citizen-soldier militiaman defending his home and region during short-lived 

emergencies. Seeking as broad a consensus as possible, 

the Convention chose to employ elements of both. 

The Virginia and Pinckney Plans introduced on 29 

May had cited the need for explicit national authority 

over the means for defense against both external and 

internal threats. Randolph cited Revolutionary experiences to prove that the Articles denied the central government both the ability to deter war and the authority 

to prosecute war efficiently. He argued that the Revolution had demonstrated conclusively that a regular army 

was needed to defend the nation without the economic 

40 

disruption brought about by large-scale mobilization of 

the militia. Most of the delegates agreed with Randolph, 

a Continental Army veteran then serving as Virginia's 

governor (and therefore as commander of its militia). 

The New Jersey Plan, introduced on 15 June, did not 

challenge Randolph's assumptions and also vested broad 

powers over military operations in the national government. The general consensus on military issues held until the Convention began the line-by-line analysis of the 

work of the Committee of Detail. 

Arguments surfaced on 17 August when Elbridge 

Gerry challenged the clauses enumerating the powers of 

the national government. The committee's draft had allowed the government to "subdue rebellion" when a 

state legislature called upon it for assistance. Charles 

Pinckney, Gouverneur Morris, and John Langdon argued that the federal government should be able to act 

unilaterally in domestic disturbances since circumstances could easily arise when a state was unable or 

unwilling to issue the required call. Objections to this 

proposed change as an excessive concentration of power 

came from Luther Martin, John Francis Mercer, and 

Gerry, with the latter warning of the dangers of "letting 

loose the myrmidons of the United States on a state 

without its own consent." Oliver Ellsworth then proposed a modification which suggested that the state legislature issue the appeal "when possible." This wording 

passed, a majority of the delegates apparently agreeing 

with Morris that the national legislature, as the representative of the people, could safely be trusted with 

"such a power to preserve the public tranquility." 

A second debate on the same day related to the power 

"to make war." Charles Pinckney objected to vesting 

that responsibility in the legislative branch, arguing that 

it moved too slowly and did not always stay in session. If 

the power were to be placed there, be argued, it should 

be in the hands of the Senate, where action could be 

swifter and where each state would have an equal voice 

so that the bigger states could not drag the smaller ones 

into a war they did not support. Pierce Butler, Madison, 

Roger Sherman, and Gerry all pursued Pinckney's ideas, 

but they drew a distinction between declaring war and 

conducting actual operations. At their suggestion, the 

wording was changed to emphasize that the legislature 

would deal only with the former. By a vote of seven 

states to two, the words "declare war" were substituted 

for "make war." 

One last discussion took place the following day when 

Gerry and Martin sought to insert an explicit limit on 

the number of regular troops that could be maintained 

in peacetime, using once again the rhetoric about the 

dangers of a "standing army." Judging by accounts left 

by several of the delegates, Washington glowered at 

Gerry, sparking a rush by veterans to object to the 
amendment. Charles Cotesworth Pinckney, Hugh Williamson, John Langdon, and Jonathan Dayton all restated the need to deter war by preparing for it in 

peacetime and argued that the proposed Constitution 

contained more than enough safeguards to prevent military despotism. The full Convention then rejected the 

amendment by a unanimous vote of eleven states to 

none. 

These minor debates constituted the entire substantive discussion of the "Army Clause." Even Gerry, probably the most extreme anticentralist in attendance, did 

not object to the premise that the central government 

could establish a small peacetime military force. The 

precedent set by the Continental Congress three years 

earlier when it had created Harmar's regiment clearly 

served as a factor in this consensus. More importantly, 

the aggressive nationalist leadership within the Convention had emerged from the Revolution with such a goal 

firmly in mind, as reflected in the attempt by Washington and Hamilton to have a military peace establishment 

enacted into law as early as 1783. 

On 18 August the discussion shifted to the "Militia 

Clause," a much more emotional issue. George Mason, 

himself a militia officer, although never on active duty, 

pushed for federal regulation of the militia. Citing a key 

lesson from the Revolution's campaigns, he pointed to 

the need to standardize the militia's weapons, organization, and tactics so that they could operate effectively in 

combat. Mason also stressed that an effective militia 

force would reduce the requirement for a large regular 

army. 

In the opening round of debate only Gerry and Martin, repeating their view about a standing army, opposed 

the basic concept of some central control. Others, 

mostly veterans with a nationalist background, simply 

explored various approaches to shared control of the 

militia. The first possibility discussed was the proposals 

advanced by Washington, Steuben, and Knox for a national, select militia force. Ellsworth and Sherman both 

raised objections, the former arguing that creation of 

such a body would inevitably lead to the erosion of the 

common militia, the latter pointing out that in addition 

to their federal missions the militias also had state responsibilities. Mason then proposed a modification of 

his motion that would make explicit reference to the dual 

missions. The whole issue was then referred to committee for further study. 

On 21 August this committee reported out with a 

wording for the militia clause that reflected the basic 

federalism of the draft Constitution as a whole, splitting 

authority between the central government and the states 

in a system of checks and balances. It gave the national 

body the power to pass "laws for organizing, arming, 

and disciplining the militia, and for governing such part 

Benjamin Franklin (1706- 90) played a key role in creating compromises. (Oil, by Charles Willson Peale, 1772; 

courtesy of American Philosophical Society.) 

of them as may be employed in the service of the United 

States, reserving to the states respectively the appointment of officers and the authority of training the militia 

according to the discipline prescribed by the United 

States." Two days later the Convention began consideration of this proposal. The veterans, led by Rufus King, 

took great pains to explain the meanings of three key 

terms used in the clause. "Organizing" related only to 

the technical matter of specifying how many men would 

form each type of unit and what their ranks would be; 

"arming" related to specifying types and calibers of 

weapons, not their issuance; and "disciplining'' referred 

to the establishment of drill manuals and other doctrinal 

materials, not to courts martial or related procedures. 

Once again Martin and Gerry raised objections. They 

charged that surrendering any authority over the militia 

would fatally undermine state rights. Madison, Randolph, Charles Cotesworth Pinckney, Dayton, and 

Langdon answered with charges that the existing system, 

which Gerry wanted to keep, had proven itself ineffectual, and they refuted the notion that a federally monitored militia posed a threat. The only way that a militia 

of citizen-soldiers could be corrupted would be if the 

militiamen themselves, as citizens, willingly sacrificed 

their own liberties. If this condition came to pass, 

41 
Gerry's opponents reasoned, no document could prevent 

disaster. 1\vo minor word changes were considered in an 

attempt to mollify Gerry, but both were rejected by a 

majority grown increasingly impatient with constantly 

rehashed arguments. The delegates then voted on the 

original committee motion in three parts. The first, covering the right to make laws regarding the militia, passed 

nine states to two, with only Connecticut and Maryland 

opposing. The second, relating to the appointment of 

officers, required two separate votes. First an amendment offered by Madison, which attempted to reserve 

the power to appoint general officers to the Congress, 

was defeated after Sherman pointed out that this undermined the basic compromise, and then the original 

wording passed unanimously. The third gained the approval of seven states; Delaware, Virginia, South Carolina and Georgia voted against it because they objected 

to granting training responsibility to state governments. 

The votes of 23 August ended discussion of military 

matters. As finally written and ratified, the Constitution 

raises military issues in five sections located in Articles I 

(legislative branch) and II (executive branch), mostly in 

the former. Sections 6 and 7 of Article I prevent regular 

officers from serving in Congress while retaining their 

commissions and assign responsibility for initiating military revenue bills to the House of Representatives. Section lO of the same article prohibits any state from 

maintaining troops or warships in peacetime without the 

consent of Congress, or from waging war unless that 

state is actually invaded or in imminent danger of invasion. Section 2 o f Article II makes the President the 

Commander in Chief of the Army and Navy and of 

militiamen while in federal service. The heart of the 

Constitution's military provisions rests in the enumerated powers given to Congress in Section 8, Article I, 

including the key right to "provide for the common Defense." The actual wording follows rather closely on the 

August debates over the military clauses. 

In its totality, the Convention arrived at a very important set of decisions concerning military matters with 

relatively little disagreement. The delegates were able to 

resolve the thorny issue of potential abuses of power by 

inserting the Army, Navy, and militia into the same carefully structured set of checks and balances that applied 

throughout the Constitution. To promote efficiency, it 

placed the regulars under the national government, at 

the same time providing for a dual system of defense by 

dividing responsibility over the much larger militia establishment with the states. While the national government might employ the militia for the common defense, 

that authority was checked by the states, which retained 

authority to appoint their militia officers and to supervise the peacetime training of citizen-soldiers. The 

Founders were able to create a standing army, the hob42 

goblin o f the Anglo-Saxon world for more than a century, by establishing much tighter civilian control over 

the armed forces than existed in any contemporary European country. A civilian President served as Commander in Chief; the Senate had to concur in the 

appointment of all senior officers; and the House of 

Representatives controlled financial resources. FurtherIVOre, Mason's inclusion of a provision for limiting appropriations for the military to two years made the 

legislature a full partner with the executive in military 

matters. 

Late in the afternoon on 15 September the draft Constitution received the unanimous approval of the state 

delegations. On Monday, 17 September, the Convention, with forty-one of the fifty-five members present, 

reassembled one last time for the formal signing. Secretary Jackson probably read the finished document, then 

a speech by Benjamin Franklin was read urging any 

doubters to sign on behalf of their states, not themselves, to make approval unanimous. In the end thirtyeight of those present signed; only Randolph, Mason, 

a nd Gerry did not. Dickinson, who was ill and not 

present, had his name affixed by George Read of Delaware. Washington, as president of the Convention, 

signed first, just as Hancock, the president of the Continental Congress, had signed the Declaration of Independence. The remaining delegates then signed in strict 

congressional voting order, under Washington. Washington, however, had signed in the middle of the page, and 

when the delegates ran out of space they began a second 

column of signatures at the left margin. Hamilton 

signed as only an individual, for he was not empowered 

to sign for his state. About four in the afternoon the last 

signatures were affixed, including that of Secretary 

Jackson, who authenticated the document. The papers 

of the body were then turned over to Washington for 

safekeeping, and the Convention adjourned sine die (indefinitely). 

Secretary Jackson transmitted the signed document to 

Charles Thomson, the secretary of the Continental Congress, on 20 September. Six days later that body, which 

included about a dozen delegates recently returned from 

the Philadelphia Convention, began debate. A majority 

decided on 28 September to forward it to the states for 

ratification with a noncommittal letter of transmittal. In 

deliberate contrast to the adoption of the Articles, approval- as provided by the Convention-could come 

only through the action of special conventions, thus justifying the Preamble's claim that the people of the 

United States, not simply the states, had created the new 

government. The delegates, however, had little assurance 

that their work would be well received at home. These 

tough, pragmatic politicians had shied away from abstract philosophy. Their work, built upon a century and 
"George Washington Addressing the Constitutional Convention. " (Oil, by Junius Brutus Steams, c. 1856; Virginia Museum 

of Fine Arts.) 

a half of colonial experience, was a blueprint for a federalism that represented a compromise solution to a host 

of government problems. 

Attention quickly focused on the state-by-state struggle between proponents (the Federalists) and opponents 

of the new system. Once again the nationalists, those 

proposing a change in government, had the initiative. 

T heir opponents, who came to be called the Antifederalists, were more loosely organized. They could count on 

the leadership of only a handful of Convention delegates (Luther Martin and John Francis Mercer of Maryland, Robert Yates and John Lansing of New York, 

George Mason of Virginia, and Elbridge Gerry of Massachusetts) and few other figures of national stature: 

Patrick Henry and Richard Henry Lee in Virginia, Samuel Chase of Maryland, and Governor George Clinton 

in New York. These men called on the voters to reject the 

Constitution because of its "defects:' but they offered 

no comprehensive alternative. They tended to be inherently suspicious of any concentration of power. They 

feared a stronger national government because it was 

further removed from the people than the state governments and because of the potential they saw for abuse of 

power. Following the same logic, the Anti federalists also 

opposed the creation of a peacetime army and sought to 

limit the nation's military to the existing state-controlled 

militias. Their arguments were couched in terms used a 

century earlier in England against the Stuarts and in the 

American Revolutionary era against Parliament. 

Working under the leadership of those delegates who 

had signed the Constitution, the Federalists quickly established a network to coordinate the strategy for the 

ratification effort. Washington, still the hero of the Revolution to a grateful public, lent his considerable prestige and played a key behind-the-scenes role. Others 

contributed pamphlets and speeches and acted as floor 

managers for the Constitution in the state conventions. 

Federalist leaders devised a two-part strategy. To respond 

to the public's legitimate concerns over the new government, they embarked on a long-range public education 

program, emphasizing issues on which consensus was 

possible. Three themes with broad public appeal were 

quickly identified: national security, poor economic 

conditions under the Articles, and national pride. As 

experienced politicians, the Federalist leaders also knew 

that supporters of the Constitution already formed a 

majority in some states. By taking advantage of that 

situation and of their ability to delay votes in states with 

strong initial opposition to the Constitution, the Federalists planned to create a sense of momentum to swing 

undecided voters. Furthermore, they concentrated their 

efforts in the four states whose approval was deemed 

43 
essential to the viability of the new nation because of 

their size, population, and wealth: Pennsylvania, Virginia, Massachusetts, and New York. 

Initiative and excellent leadership in the middle states 

enabled the Federalists to establish the desired momentum. Delaware's signers, especially Dickinson and Bassett, were the first to deliver. On 7 December 1787 their 

state's convention ratified by unanimous vote. New Jersey (18 December) and Georgia (2 January) provided 

two more clean sweeps within a month. Pennsylvania 

(46-23, on 12 December) and Connecticut (128-40, on 9 

January), although not unanimous, ratified by wide 

margins. These five states proved relatively easy; the remaining ones tested the Federalists' tactical skills. 

Massachusetts posed the first major test. Gerry, although not a member of the ratification convention, led 

the opposition. Skillful maneuvering by Rufus IGng and 

Nathaniel Gorham of Massachusetts won the popular 

John Hancock and Samuel Adams over, and on 6 February the Federalists were able to eke out a narrow margin 

of victory (187- 168). Focusing on the importance of the 

general issue, they defused specific objections by proposing an innovative compromise. With their support, 

Massachusetts' approval of the Constitution included a 

request for the swift adoption of amendments, including 

a bill of rights. All of the remaining states, except Maryland, would follow a similar path. 

Maryland (on 28 April) and South Carolina (on 23 

May) became the seventh and eighth states to ratify, 

both by wide margins. The stage was now set for the 

crucial ninth state that would turn the Constitution into 

the official law of the land. During June of 1788 three 

state conventions were in session: New Hampshire, Virginia, and New York. The New Englanders (57- 47) approved on the 21st; the Old Dominion (89-79) five days 

later. Neither knew of the other's decision when the 

votes were taken, and each thought that it had become 

the deciding vote. Both Federalist victories were narrow 

ones, and each was obtained only after promises to support amendments to the Constitution were made. 

New York, where Governor Clinton was an immensely 

popular figure, had long been recognized as a bastion of 

Antifederalist strength. Although the Constitutional 

Convention bad set only a nine-state requirement for 

ratification, New York's support was clearly indispensable to the survival of the new federal government, and 

the Federalists regarded their effort to educate the public 

in that state as critical. Hamilton, with the assistance of 

Madison and to a Jesser extent John Jay, set about writing a series of eighty-five essays, under the pen name 

"Publius:• for publication in various New York City 

newspapers. These articles were intended to be a pointby-point refutation of Antifederalist arguments about 

the Constitution, extolling the positive potential of a 

44 

John Jay (1745-1829). (Oil, by Gilbert Stuart, 1795; National Gallery of Art.) 

federal government while reminding readers of the 

weaknesses of the Articles. Known collectively as The 

Federalist Papers, they remain one of America's greatest 

works of political theory. "Publius" paid particular attention to security issues, defending both the army and 

militia clauses by demonstrating that the military under 

the Constitution was a servant and protector of the people, not a European standing army. Thanks to the impact of the essays and skillful parliamentary maneuver, 

the Federalists won a narrow (30- 27) ratification vote on 

26 July, but only after agreeing to support thirty-two 

requests for amendments. 

The last two states to ratify followed much later. 

North Carolina approved by a lopsided 194- 77 on 21 

November 1789 after the First Congress had already introduced a bill of rights. It actually took two separate 

conventions to achieve this approval. When the vote in 

the first convention seemed ready to defeat ratification 

by a wide majority, the Federalists maneuvered to have 

the convention adjourn without a formal vote to gain 

time to win over the electorate. The last of the thirteen 

states, Rhode Island, finally accepted the federal system 

on 29 May 1790 on the closest vote of all (34- 32). It took 

the threat of secession by the largest towns and economic pressure from the national government to achieve 

this grudging concession. 
Federalist tactics succeeded. When the First Congress 

assembled in 1789, the winners, in keeping with promises made during the ratification process, set about adding a bill of rights to the Constitution. As leader in the 

House of Representatives, Madison initiated the legislation as specified by Article V, and by September Congress had approved a set of twelve amendments and sent 

them to the states for ratification. Ten survived the process, and the Dill of Rights was added to the Constitution 

on 15 December 1791. Most defined specific liberties, 

such as freedom of religion, speech, press, and other 

traditiqnal Anglo-American concepts widely discussed 

in the eighteenth century, including a prohibition on 

quartering troops in private homes (Third Amendment). 

Only the Second Amendment contained any substantial statement relating to military power. Its reference 

was quite specific: "A well regulated Militia, being necessary to the security of a free State, the right of the 

people to kee-p and bear Arms, shall not be infringed." 

Eighteenth-century Americans understood the precise 

meaning of those few words and tied them directly to the 

basic militia clause in Article I of the Constitution. Creating a "well regulated" militia-that is, one with adequate organization, weapons, and training, uniform 

across the nation-ensured that, when mobilized, the 

militiamen could effectively carry out combat functions. 

This point had been fully articulated during the drafting 

of Article I. Mason and other advocates of the Second 

Amendment knew that during the last years of the Revolution many militia units had virtually disintegrated because they lacked sufficient arms. The amendment 

reinforced the original militia clause by stating this fact 

explicitly. 

Over the years historians have been fascinated with 

the question of how the Constitution came to be written 

and ratified. An early, somewhat simplistic, explanation 

presented the Founding Fathers as a group of wise and 

virtuous men concerned only with providing greater 

freedom to their fellow Americans. Early in the twentieth century some scholars began to challenge this popular view. Concentrating on economic issues, they painted 

a picture of men of property devising a charter that 

protected their interests. Over the past several decades 

this view has proved unsatisfactory. Today's more complex interpretation attempts to correlate ideological 

background with local issues, economics, relative ages, 

and the formative experience of the participants. Antifederalists as a group tended to be somewhat older men, 

first exposed to high-level civic affairs during the decades prior to Lexington, and committed to a more literal 

interpretation of Enlightenment texts. The Federalists, 

on the other hand, had often first entered political life 

during the Revolution itself. In the late 1780s most of 

these men were just reaching full maturity. A basic tenet 

of this latest interpretation suggests strongly that excontinentals were particularly prone to become Federalists while militiamen often sided with the opposition. A 

study of the men who went to Philadelphia in May 1787, 

and especially of the signers, indicates that this idea too 

needs further refinement. 

Actually more than seventy individuals were nominated as delegates by the state legislatures. Some stayed 

away for personal reasons; others, because they did not 

wish to change the Articles. Actual delegations ranged 

in size from New Hampshire's two men to Pennsylvania's eight. Not all of the fifty-five who attended remained throughout the deliberations. Twenty-nine had 

nearly perfect attendance records and ten others missed 

relatively short stretches. Of the remaining sixteen, four 

put in only token appearances. 

Although Jefferson's depiction of the Convention as 

an "assembly of demigods" may be overblown, the 

Founding Fathers were in fact a distinguished group and 

not atypical of the top leadership available in the nation. 

As could be expected in a deferential society, wealthy 

and well-educated men dominated the membership of 

the Convention. Forty-four had been, or were still, 

members of the Continental Congress. Most had been 

active in the Revolutionary movement: eight had signed 

the Declaration of Independence, and thirty had served 

on active military duty. Of the latter, seventeen were 

Continental Army veterans, while thirteen had taken to 

the field with militia units. Virtually every member had 

served in state or local offices. This commonality of 

experience allowed these men to understand each other's 

motives and viewpoints, a factor that enabled the Convention to survive the heated debates that ensued. Despite wide differences in background, temperament, and 

age (that ranged from Jonathan Dayton's 26 to Benjamin Franklin's 81 years), they shared a basic commitment to the concept of a single, unified nation. Their 

common experience also made them keenly aware of the 

weaknesses in the Articles of Confederation and determined to improve upon them. 

Distinctions between service in the Continental Army 

or militia are deceptive. For example, George Mason, 

who held high rank in the Virginia militia but never 

participated in active campaigns, expressed sentiments 

on constitutional issues that closely paralleled those of 

delegates Edmund Randolph and John Lansing, men 

with very brief service as Continental staff officers. 

They all refused to sign the Constitution. John 

Langdon, William Few, and Charles Pinckney, on the 

other hand, were militiamen with extensive combat records. In 1787 they could be found espousing ideas very 

similar to those of long-term Continental officers and 

fellow signers such as Hamilton, Dayton, and Charles 

Cotesworth Pinckney. In short, the length and nature of 

45 
a man's service, not simply the type of commission he 

held, influenced his attitude toward government. Those 

who had experienced the trauma of campaigning alongside men from other states in a hard war were likely to 

draw the same pointed lessons from those days and to 

view the Constitution in a similar light. It was these 

same veterans who would help guide the new republic. 

Federalists and Jeffersonians 

To secure passage of the Constitution, the Framers 

resorted to wholesale compromise. But by deliberately 

avoiding divisive details that might frustrate agreement, 

they only postponed the formidable task of fashioning 

the workaday policies and procedures of the new federal 

structure. Their task, then, did not conclude with the 

ratification of the Constitution, and many of the architects of that document would remain to lead the nation 

as it came to grips with the complex issues of representative government. In so doing, they passed laws and established precedents, many of which endure to this day. 

Among those signers of the Constitution and others 

who stepped forward to lead the new nation were numerous veterans of the Revolution. In fact, in the debates 

that surrounded the creation and implementation of the 

new government, the wartime experiences of this large 

group of men created a special bond and a commonality 

of purpose. Although often masked by the overblown 

partisan rhetoric of the era, this element of a shared 

personal experience undoubtedly contributed to their record of accomplishment in a special time of national 

testing. Eventually the Revolution's aging citizen-soldiers would turn over leadership to a new generation of 

political leaders-but not before they had produced the 

first political parties, formulated the basic domestic policies that increased the size and economic strength of the 

country, and made the United States a full-fledged member of the family of nations. Carefully adhering to the 

letter and spirit of the Constitution, they also created an 

effective military force to protect the frontiers, meet domestic disturbances, and wage general war, all while adhering strictly to the cherished principle of civilian 

supremacy. 

The First Congress under the new Constitution convened in New York City on 4 March 1789 with only eight 

senators and thirteen representatives in attendance. The 

lower chamber finally achieved a quorum on 1 April and 

began its work by electing Frederick A. C. Muhlenberg 

of Pennsylvania as the first Speaker of the House. Five 

days later the Senate followed suit, choosing New 

Hampshire's John Langdon, a signer, as its first President Pro Tempore. As soon as these formalities were 

completed, Congress convened the joint session specified in Section 1, Article II, of the Constitution to open 

and count the ballots of the Electoral College, which 

had voted on 4 February. To no one's surprise, the College had unanimously chosen George Washington as the 

46 

first President of the United States. John Adams was 

elected Vice President. Robert R. Livingston, New 

York's state chancellor, administered the oath of office 

to the former general on the balcony of Federal Hall 

(located at the corner of Broad and Wall Streets) on 30 

April1789. 

Washington's enormous personal popularity and prestige had made him the obvious choice for President in 

an era of strong political controversy. His wealth of administrative and political experience, gained in large 

measure during his years as Commander in Chief of the 

Continental Army, qualified him as no other to handle 

the complex duties of an office that combined the European roles of head of state and head of government. 

Above all, and to the immense good luck of the new 

nation, he possessed the common sense to judge accurately the mood of his fellow citizens and the temperament to avoid overly ambitious schemes. He retained a 

clear vision of the nation's future- one based on liberty 

and justice for all citizens, strength through union, and 

economic prosperity through commercial expansion and 

westward migration. 

Washington shared the difficult task of creating a new 

government with the First Congress (1789-91). Among 

the 29 senators and 66 representatives who served in that 

body, 59, including 17 signers of the Constitution, had 

seen active military service during the Revolution. These 

veterans provided the new government with a substantial 

pool of common experience, a decisive factor when 

Congress passed the implementing legislation that 

launched the new government. 

Its first task was to establish the structure of the other 

two branches. The Constitution gave Congress the authority to create departments within the executive 

branch to assist the President in carrying out his responsibilities and to organize a system of federal courts. Accordingly, it created a Department of Foreign Affairs on 

27 July 1789, a War Department on 7 August, and a 

lteasury on 2 September. The office of Postmaster General followed on 22 September. 1\vo days later it passed 

the Federal Judiciary Act, which established the position 

of Attorney General and organized a federal judiciary 

with three circuit and thirteen district courts below the 

Supreme Court. The Supreme Court, consisting of 

Chief Justice John Jay and five other justices, opened its 

first session on 2 February 1790. 

This spate of legislation was quickly passed, and by 
1790 the center of political initiative had shifted to the 

executive branch. Washington relied on a Cabinet composed of the heads of the departments to help develop 

an agenda for both domestic issues and foreign policy. 

Naturally enough, he turned to Revolutionary veterans 

to fill his Cabinet and many of the positions in the new 

federal civil service. With the exception of Secretary of 

State Thomas Jefferson, every member of the Cabinet 

had served in the Continental Army-Attorney General 

Edmund Randolph, Secretary of War Henry Knox, Secretary of the Treasury Alexander Hamilton, and Postmaster General Samuel Osgood. Washington used these 

men like a council of war. During meetings he encouraged them to speak their minds and discuss issues freely. 

The President's quiet demeanor led his fellow citizens, 

and most historians ever since, to focus on the roles of 

his subordinates, rather than on his decisive voice, in the 

events of his administration. True, Washington always 

sought consensus before embarking on a policy, but he 

always felt free to disregard his Cabinet's advice. In fact, 

Washington proved singularly successful in imposing his 

personality, first on the Continental Army and later on 

the office of President. Many of the traditions and customs of both the Army and the Cabinet draw directly on 

the precedents he set. 

Washington turned first to the national security and 

John Adams (1735- 1826). (Oil, by Charles Willson 

Peale, 1791; Independence National Historical Park.) 

the economy. He believed that by pursuing a program 

based on safeguarding the nation's boundaries he could 

encourage prosperity and cement the bonds of union. 

He also believed that international affairs had to be subordinated to nation building, which required supporting 

and protecting the expansion of American trade to new 

markets. Specifically, he looked to the nation's frontiers, 

where he worked for a withdrawal of British forces from 

their bases on American soil, for peace with the Indians, 

and for the opening of western rivers, especially the Mississippi, to American commerce. He tended to agree 

with Hamilton on these issues, believing that the Treasury Secretary's programs to broaden the economy and 

strengthen the national government were essential for 

national growth. His administration's two major international agreements, the Treaty of London (Jay's 

Treaty) in 1794 and the Treaty of San Lorenzo (Pinckney's Treaty) in 1795, attempted, among other goals, to 

neutralize British and Spanish influence in the transAppalachian west. A measure of his success in these 

areas was the fact that during his term of office he presided over the admission of three new states to the union-Vermont in 1791, Kentucky in 1792, and Thnnessee 

in 1796. 

His Cabinet figured prominently in the development 

of these policies. But given the brilliance and aggressive 

Henry Knox (1750-1806). (Oil, by Charles Willson 

Peale, c. 1783; Independence National Historical Park.) 

47 
Thomas Jefferson (1743- 1826). (Oil, by Charles Willson 

Peale, 1791; Independence National Historical Park.) 

personalities of Jefferson and Hamilton, it was not surprising that the two disagreed over the proper course of 

action to pursue in both domestic and foreign arenas. 

Hamilton, concerned with developing the material resources necessary for the advancement of prosperity and 

the influence of the government both internally and diplomatically, proposed a far-reaching economic policy to 

render the nation self-sufficient. He tended to favor 

Great Britain in foreign affairs. Jefferson, more attuned 

to the old fears of concentrated power and to the ideal of 

an agrarian society of yeoman farmers, was more cautious about enhancing the powers of the federal government. He also sympathized with the French, who were in 

the early years of their own revolution, triggered in part 

by the debt engendered during the recent war. Each man 

attracted supporters. Given the era's depth of political 

passion, these national-level disagreements naturally became grafted onto local s~ues, providing the nucleus of 

political parties. 

Washington sought to preserve a consensus throughout his eight years in office, but his treaties with Britain 

and Spain became issues of contention between the nascent parties, as did his attempt to keep America neutral 

in the resurgent conflict between France and Britain, a 

policy that initially appeared to favor the latter. No 

longer able to accept these policies, Jefferson left the 

48 

Aaron Burr (1756- 1836). (Oil, by John Vanderlyn, c. 

1802; copyright Yale University Art Gallery.) 

Cabinet in 1793. His followers, led in Congress by James 

Madison and James Monroe, and known as Democratic-Republicans (or, more commonly, as Jeffersonians) gathered round him. Supporters of the 

administration, ranging in viewpoint from Hamilton's 

outspoken followers to moderates like John Adams, 

who succeeded Washington as President in 1797, became 

known as Federalists. 

The Founding Fathers, who viewed any internal division as a threat to the republic, had left the Constitution 

mute on the subject of political parties. The significant 

factor behind the emergence of the parties, however, was 

not their obvious disagreements over policies and programs, but rather their mutual, steadfast support of the 

Constitution and the principles of government it enshrined. The peaceful transfer of political power from 

the Federalists to the Democratic-Republicans in 1801 

marked an important step in the nation's political evolution. 

In defeating Adams in the election of 1800, Jefferson 

profited from a division in the Federalist party between 

the followers of Adams and Hamilton. The Virginian 

and his running mate, Aaron Burr, a former Continental 

lieutenant colonel, each garnered an equal number of 

votes in the Electoral College, throwing the election for 

the first time into the House of Representatives. Ironi-
caJly, Jefferson would owe his victory to Hamilton, who 

advised his followers to vote for his old rival. The bitterness engendered by this election led directly to the adoption of the Twelfth Amendment, which in effect 

bestowed constitutional recognition on political parties 

in the American system of government. More significantly, however, this election underscored the widespread acceptance of the new Constitution and the 

union it had created. Despite the unprecedented partisan 

rivalry, compromise remained essential to the operation 

of government, and parties, then as now, were actually 

broad-based coalitions. Even important state leaders 

such as South Carolina's Charles Pinckney could shift 

back and forth between the parties according to specific 

issues. During his inauguration that year, the first held 

in the new capital on the banks of the Potomac, Jefferson said, "We are all Republicans, we are all Federalists." In this declaration, he accurately reflected how 

widely most of the five million Americans agreed on 

basic goals and forecast how readily he and the new 

leadership could adjust, rather than rescind, their predecessors' policies. 

Under Jefferson and Madison, who became President 

in 1809, American foreign and domestic policy continued to pursue with only minor adjustments the cou~se 

set by Washington. As could be expected given the relative power of nations, American diplomacy still had to 

react to events in Europe, where the Napoleonic Wars 

were the dominant fact of life. Washington had been 

able to avoid entanglement. Adams had become embroiled in limited hostilities with France for a time, but 

he also had sought diplomatic rather than military solutions to outstanding differences. Jefferson and Madison 

in turn attempted to place primary reliance on diplomacy. To back up their efforts, however, they relied more 

on economic leverage than on the military preparedness 

favored by the Federalists, drawing particularly on the 

boycott tactics of the decade before the Revolutionary 

War for a precedent. The logical extension of this policy 

came during the period of the Embargo Act (22 December 1807- 1 March 1809) when American commerce with 

both France and Britain was halted to eliminate friction 

and preserve neutrality. Federalists, especially in New 

England and other regions heavily dependent upon foreign trade, complained bitterly that their interests were 

being ruined by the government. 

Jefferson's domestic policy also retained the essence 

of many Federalist initiatives, to include Hamilton's economic program. In particular he continued Washington's focus on western expansion and development, 

underscored by the admission of Ohio to statehood in 

1802 and by his greatest triumph, the Louisiana Purchase. As soon as he learned of the transfer of the Louisiana territories from Spain to France, Jefferson 

instructed Monroe and Robert R. Livingston to try to 

purchase the area around New Orleans. Westerners depended upon the Mississippi River to move their produce to market and were anxious to secure unfettered 

use of the river's sole port. To the Americans' surprise, 

Napoleon eventually offered them the entire region, and 

in April 1803 the territories were transferred to the 

United States for the sum of $15 million. The purchase 

proved immediately popular, but the irony of the situation was not overlooked. Here was Jefferson, the leader 

of those dedicated to a strict interpretation of presidential powers under the Constitution, abrogating to himself alone the nationalistic decision to seize the unique 

opportunity of doubling the size of the nation. Continuing in the spirit of Washington's nation-building policy, 

Jefferson immediately sent out a series of military expeditions-the most famous being led by Meriwether 

Lewis and William Clark- to explore the vast region. In 

1812 Louisiana became the first state admitted to the 

union from the former French region. 

One of the most critical issues facing the first generation of federal leaders was the formulation of a national 

military policy. Washington's administration and Congress set important precedents in this area as they filled 

in the outline of military forces sketched by the Constitution. Working together, they determined the size and 

role of the Regular Army and then resolved the relationship between the states and the national government in 

dealing with the militia. These decisions had to be made 

in the context of foreign and domestic policy objectives. 

They also had to be based on the realities of increasing 

partisan political activity, since the Constitution explicitly gave the final say to the people, speaking through 

their elected representatives in Congress, in appropriating the funds to pay for troops, guns, and ships. 

When Washington took office he inherited a situation 

verging on open warfare in the west. Along with the 

Congress, he quickly came under intense pressure from 

interest groups to provide the settlers with better protection. The delicate issue of the role of the military thus 

received its first airing within that highly charged specific context. Josiah Harmar's small regiment had been 

created by the Continental Congress in 1784 to serve as a 

frontier constabulary, but the westward movement had 

accelerated with the establishment of the Northwest Territory in 1787 and the organization in 1790 of the Territory South of the Ohio River, or Southwest Territory, 

under Governor William Blount. Indian tribes, encouraged by British garrisons and traders, began sporadic 

attacks, and as early as 1788 the Army began taking 

casualties. 

The President hoped to avoid war and set in motion a 

series of interim measures even before the new War Department was organized. He ordered Harmar's men fur49 
William Clark (1770- 1838). (Oil, by Charles Willson 

Peale, 1810; Independence National Historical Park.) 

ther west and asked Henry Knox and Arthur St. Clair to 

begin gathering information in case operations had to be 

mounted. In the meantime the creation of the War Department on 7 August 1789 provided for an orderly 

transfer of responsibility to the new government. Secretary of War Knox exercised oversight for Indian diplomacy in addition to his other duties. The following 

month Congress imposed on the officers and men of 

Harmar's regiment the requirement to take an oath to 

"support the constitution of the United States." Hidden 

as a rider in this law was authorization empowering the 

President to mobilize frontier militia under federal pay 

and control if the situation warranted. Conditions continued to worsen as Washington pursued a policy of 

trying to negotiate a settlement while at the same time 

preparing for possible fighting. 

1b placate settlers in the Kentucky region, Washington successfully persuaded Congress in early 1790 to 

provide a modest (four company) increase in the size of 

the Army. In June he ordered Harmar into the field. 

Washington and Knox envisioned a raid deep into the 

Indian heartland by a small, hard-hitting party to demonstrate the federal government's power, followed by a 

negotiated treaty. Unfortunately, the slow-moving Harmar did not start until late faJl, burned a few Indian 

villages, and then lost most of his rear guard during the 

50 

withdrawal. Knox and Washington ordered St. Clair, 

who replaced Harmar as the commander of the Army, 

to try again the next year. In the interim, the administration persuaded Congress to raise a second regular regiment and to authorize several thousand Provincial-style 

short-term levies. St. Clair not only repeated all of Barmar's errors, he also violated one of the cardinal rules of 

frontier warfare by ignoring adequate security and reconnaissance. At dawn on 4 November 1791 about 1,000 

Indians overran his camp. More than 600 soldiers and 

militiamen died in the ensuing rout. 

Although St. Clair's defeat marked the second major 

setback in less than two years, Washington and Knox 

decided that their basic policy of combining diplomacy 

with regular troops constituted the correct approach to 

the western problem, and they redoubled efforts to raise 

a proper force to carry it out. Congress eventually conducted a full investigation into the Army's conduct of 

the 1791 campaign, establishing thereby an important 

precedent for congressional oversight of the executive 

branch, one not specifically authorized by the Constitution. But it also continued to support the administration's military policy. In January 1792, Washington 

requested that the military budget be tripled to a million 

dollars a year to support a 5,000-man Army. When neither Gerry, the most outspoken foe of a large military, 

nor Madison, the leading Jeffersonian in Congress, opposed the request, a bill to that effect became law in 

March. Revolutionary War hero "Mad" Anthony 

Wayne resigned his seat in the House of Representatives 

to replace St. Clair, with a commission as major general. 

The Second Congress also passed the first comprehensive militia law. Washington and other nationalists 

ended the Revolutionary War convinced that militia 

forces needed to be highly trained and capable of close 

coordination with the regulars on the battlefield. Their 

proposals for a peace establishment in 1783 had advanced the notion of a select militia force to achieve this 

goal, backed up by the general militia. In succeeding 

years both Steuben and Knox published pamphlets refining this idea, which included paying this "advanced 

corps" for their days of extra training. Many others believed that the highly motivated militias of the 1770s had 

been the key to success in the Revolution, and they were 

highly suspicious of any reforms that might weaken the 

close ties to local government inherent in the old colonial militia system. 

Washington had been unable to push a federal militia 

bill through Congress in either 1789 or 1790. In February 

1792, while debate over the expanded Regular Army 

continued, Congress finally began detailed consideration of two bills which, known collectively as the Militia Act of 1792, passed in early May. This legislation 

rejected separating militiamen into two distinct classes. 
The reformers had clearly failed to convince a majority 

that the current situation warranted either the expense 

or the political risk of such tight federal control. Instead, the Militia Act compromised, allowing the President to mobilize the citizen-soldiers when necessary and 

to set national, but nonbinding, standards for organization and training. This arrangement, identical to the one 

discussed during the writing of the Constitution's militia 

clause, was accepted because it still left the individual 

states with major control over their militia. The reformers might lament the fact that the efficiency of the 

citizen-soldiers would continue to depend ultimately on 

local rather than national initiatives, but they could read 

progress in the general acceptance of the notion of a 

national standard and in the new law's provision for the 

organization of volunteer groups who purchased their 

own uniforms and underwent extra military training to 

become elite "flank" companies in the militia regiments. Everyone understood that under normal circumstances only these men would be mobilized. Despite 

some minor modifications, this law would remain in 

force until the creation of the modern National Guard in 

1903. 

The first test of the new militia act came on the frontier. Wayne, like Harmar and St. Clair, was a veteran 

Anthony Wayne (1745- 1796). (Pastel, by James Sharples, Sr., c. 1795; Independence National Historical 

Park.) 

who had served in Washington's main army and in Nathanael Greene's Southern Army during the Revolution. 

Unlike his predecessors, however, he remembered the 

important lessons about the need for adequate training, 

proper organization and logistics, and blending regulars 

and militia into a combat team that made use of their 

separate skills. He worked closely with Knox to adapt 

those ideas to the task of wilderness fighting. The regulars were regrouped into the Legion of the United States, 

a special combined-arms arrangement, based on European ideas, that already had been used in the later stages 

of the Revolution. After two years of careful preparation, the Legion, reinforced by nearly 3,000 frontier militiamen, penetrated into the heart of Indian territory in 

the Ohio Valley. On 20 August 1794, at Fallen Timbers, 

Wayne's hard work paid off. His regular infantry used 

their bayonets to drive the Indians into the open where 

the mounted frontiersmen rode them down. The battle 

and resulting destruction of neighboring villages and 

crops broke the tribes' resistance. On 3 August 1795 in 

the Treaty of Greenville a dozen tribes ceded their 

claims to disputed lands and moved farther west. At 

about the same time, Jay's Treaty brought British agreement to withdraw from all forts within the boundaries of 

the United States. 

James Wilkinson (1757- 1825). (Oil, by Charles Willson 

Peale, c. 1797; Independence National Historical Park.) 

51 
These treaties eliminated much of the Army's preoccupation with the old Northwest Territory, freeing the 

troops for service in the Southwest Territory, where settlement was beginning to accelerate. This frontier was 

noted for the spirit and independence of the settlers in 

Kentucky and Tennessee. Controlling the area had been 

a challenging assignment for Governor William Blount, 

a signer of the Constitution, and would prove equally 

troublesome for the Army officers assigned to duty in 

the region. 

Southwesterners had a reputation for independent 

military action. This tradition had proved beneficial 

during the Revolution, particularly at King's Mountain 

and during George Rogers Clark's epic struggles, but it 

would pose serious difficulties for both Federalist and 

Jeffersonian officials. Free access to the river systems 

feeding into the Mississippi, as Washington had foreseen 

during the 1780s, remained essential to the region's economic prosperity, and westerners were tempted to take 

direct action against Spanish-controlled Louisiana. English agents encouraged such actions because of the Napoleonic Wars, believing that any action harmful to 

Spain, France's ally, could only benefit England. In fact, 

national leaders of both parties regarded the southwest 

as an area that might try to break away from the union 

and sought to preclude such a disaster, even to the point 

of expelling Blount from the Senate- to which he had 

been elected when Tennessee became a state in 1796-

when they suspected that he might have been involved 

with British agents in such a plot. Others, notably General James Wilkinson, who had succeeded Wayne as 

commanding general, and Aaron Burr, were also later 

charged with plotting with foreign agents to separate the 

region from the United States. The Army played an important role in defusing the situation. Garrisons of regulars steadfastly preserved law and order and guaranteed 

that any attempt to create an independent republic in the 

southwest never progressed beyond the realm of dreams. 

With adequate military protection, the frontier remained calm for a generation. 

The military had faced a different and more difficult 

mission in the summer of 1794 when farmers in western 

Pennsylvania, who bitterly resented Hamilton's 1791 excise taxes on liquor since it was manufactured from their 

only cash crop, rebelled. The new government's response 

to the so-called Whiskey Rebellion stood in sharp contrast to the Continental Congress' reaction to the rioting 

led by Daniel Shays. When Washington learned that 

Governor Thomas Mifflin had refused to use state militia against the rioters because he feared the political 

consequence, the President exercised his powers under 

the Constitution and the 1792 Militia Act. In August 

1794 he called out a force of some 15,000 militiamen 

from nearby states under Governor Henry Lee of Vir52 

ginia, an ex-Continental. The overwhelming display of 

strength ended the "revolt" without serious incident. 

This success, coupled with Wayne's victory at Fallen 

Timbers, greatly enhanced the prestige of the central 

government. Washington and most other leaders accepted the use of force in each of these cases only as a 

last resort; a small element of the Federalist party, however, drew a different lesson. Led by Hamilton, they 

pressed for a larger Regular Army as a means of expanding the power of the national government, an aim central to their political thinking. 

International circumstances seemed to support their 

scheme. The Federalists had originally justified the need 

for a peacetime army to cope with Indian harassment on 

the frontier. Raids by North Africa's Barbary States on 

American shipping and the growing threat of peripheral 

entanglement in the war in Europe provided the rationale for an expansion of this military force in 1794. After 

some debate, Congress created a modest six-frigate 

Navy, approved a plan for federally funded harbor defenses at selected ports, and increased the size of the 

Army by forming a Corps of Artillerists and Engineers. 

The latter would provide small regular garrisons for the 

new fortifications, which could easily be reinforced in an 

emergency by the militia from the surrounding area. 

This political compromise, acceptable to both parties, 

reflected the lesson learned in the Revolution that effective defense required full-time troops that only the national government could train and support, but also 

relied, for reasons of cost, on the abilities of the militia 

to turn out in mass. A month after approving the coast 

defense program, Congress authorized the establishment of federal arsenal and armory facilities at 

Springfield, Massachusetts, and Harpers Ferry, West 

Virginia, for government production of arms and equipment. 

With tensions on both the frontier and high seas defused during the winter of 1795- 96, the Jeffersonians 

pressured Washington's administration to cut military 

expenses as a way of reducing taxes. They cited the successful use of federalized militia, rather than regulars, in 

the Whiskey Rebellion to strengthen their arguments. 

The resulting legislation, passed in May 1796, reflected a 

broad bipartisan consensus on defense issues. Although 

cuts were made in spending, establishing a precedent of 

congressional review of line items in a defense budget, 

the Army and Navy were accepted as permanent institutions, not just temporary expedients to meet specific 

crises. The Army, reduced in size, used the ensuing years 

of peace to consolidate its internal organization and 

sense of identity. James McHenry, the third consecutive 

Continental veteran to serve as Secretary of War, introduced a variety of administrative reforms to improve 

Army efficiency. He issued the first comprehensive 
"Washington Reviewing the Western Army at Fort Cumberland, Maryland." These militia troops ended the "Whiskey 

Rebellion" without bloodshed. (Oil, by Frederick Kemmelmeyer; c. 1794; Metropolitan Museum of Art, gift of Edgar 

William and Bernice Chrysler Garbisch.) 

peacetime Army Regulations in 1798 and took actions to 

reinforce the concept of civilian control over the Army's 

officer corps. 

Rising tensions between France and the United States 

in 1797 once more favored Hamilton's plans for military 

expansion. Adams dispatched three diplomats, Gerry, 

Charles Cotesworth Pinckney, and John Marshall (the 

latter two, Continental veterans), to Paris to try to resolve differences, but in what has come to be known as 

the XYZ Affair, their French counterparts demanded 

bribes as a condition for holding meetings, an affront 

that triggered popular outrage across the United States. 

The Federalists believed that the best way to avoid open 

warfare would be to demonstrate that the country was 

prepared to fight, and as membership in the volunteer 

militia surged, the Adams administration introduced a 

modest request for additional regular forces. 

The more extreme wing of the Federalist party, spearheaded by Hamilton, had much more ambitious goals. 

It pushed a series of bills through Congress between 

May 1798 and March 1799 that created, on paper at 

least, an elaborate military array: an expanded force of 

regulars, a 10,000-man Provisional Army, and an even 

larger "Eventual Army." Hamilton and his followers 

persuaded Washington to lend his prestige and popularity to the cause. Commissioned a lieutenant general, the 

retired President became commander of this "Grand 

ArmY,' while other Revolutionary veterans (including 

Charles Cotesworth Pinckney) filled the remaining senior positions. Hamilton himself became the Inspector 

General and assumed the burden of day-to-day administration. Reality lagged far behind these grandiose plans, 

and less than 4,000 men actually joined an Army that 

never saw action in this "Quasi-War." On the other 

hand, naval vessels successfully fought in the Caribbean 

and Atlantic, and Congress established a separate Navy 

Department on 30 April 1798 under ex-Continental Benjamin Stoddert to manage the rapid growth of the fleet. 

The size of the Army during the Quasi-War soon became a sensitive political issue. The Jeffersonians were 

convinced that France was not about to fight in North 

America, and in the same sense used by the colonists in 

the decade before the Revolution, they came to consider 

the underutilized regulars a "standing army." They 

feared that Hamilton and his allies planned to use it to 

crush domestic opposition. At each step of the expansion process they raised this issue. While Federalist 

spokesmen in Congress such as Connecticut's Uriah 

Tracy, a Revolutionary militiaman, stressed the notion 

of preparing for war with a well-trained regular force 

53 
and then negotiating from strength, Jeffersonian military experts like Thomas Sumter, Daniel Morgan, and 

William Shepard, also veterans of the Revolution, 

claimed that the militia provided an adequate force for 

the purpose. President Adams sided with the Jeffersonians against the extremists in his own party. He had 

always preferred diplomacy, and when he resolved the 

outstanding issues with France, he quickly persuaded 

Congress to trim the military back to peacetime levels. 

Federalist leaders, aware that they lacked support for an 

extensive defense establishment, led the planning for demobilization in the hope that in doing so they could 

preserve a minimal regular force. Three Revolutionary 

veterans in Congress, John Marshall, Samuel Smith, 

and Theodore Sedgewick, representing, respectively, the 

moderate Federalists, the Jeffersonians, and the extreme 

Federalists, worked out a series of compromises that led 

to reductions in the Army in May 1800 and in the Navy 

early the following year. 

Jefferson's administration took office determined to 

reduce federal expenses, especially military ones, but 

with no intention of dismantling the remaining Regular 

Army. Although he and his service Secretaries, Revolutionary veterans Henry Dearborn (Army) and Robert 

Smith (Navy), placed great faith in the prowess of the 

militia to defend the nation from invasion, they pragmatically accepted the need for a limited force of fulltime soldiers and sailors. Beginning in 1802 they used 

the annual appropriations process to tailor the armed 

forces to more limited defensive roles. Their reorganization of the Army in 1802, for example, called for drastic 

cuts, but actually eliminated few enlisted men. Instead, 

units and the staff were manipulated to force out most 

of the more partisan Federalist senior officers, who were 

replaced with Jeffersonians or moderate Federalists. 

Jefferson also seized upon a reform originally proposed by the Federalists but transformed it to meet his 

own needs. Since the Revolution, the Army had suffered 

from a lack of native-born engineers and technical specialists. Proposals to establish a European-style military 

academy to train such individuals had failed in Congress, although it did authorize training for a group of 

cadets in the Corps of Artillerists and Engineers during 

the Quasi-War period. The Federalists had hoped to expand this nucleus into separate courses of formal instruction for artillery, engineer, infantry, cavalry, and 

naval officers. Jefferson recognized that many Federalists enjoyed a competitive edge when they applied for 

commissions because, generally, they came from families that could afford good educations. To obtain equal 

opportunity for others, he altered the Federalist proposal and won congressional approval for the establishment of a military academy at West Point where cadets 

would receive a basic civilian and military education; 

54 

Henry Dearborn (1751- 1829). (Oil, by Charles Willson 

Peale, c. 1796; Independence National Historical Park.) 

their technical, branch-related training would occur after graduation. 

Jeffersonian hopes of further naval reductions were 

shelved when the Barbary States resumed raids on 

American shipping. Washington and Adams both had 

chosen to pay tribute to halt these piratical acts, but 

Jefferson, believing that fundamental issues of justice 

and honor were at stake, refused to follow suit. He also 

believed direct action in this instance would be more 

cost-effective than bribery. With Congress in recess, he 

dispatched a small Navy squadron to Tripoli on his own 

authority. Even his Cabinet questioned the legality of 

such an action, but Jefferson justified it, and provided a 

new interpretation of the Constitution in so doing by 

claiming that as Commander in Chief he could respond 

to aggression without prior congressional approval. In 

fact, when Congress reconvened in November 1801, it 

approved the naval expedition. Operations dragged on 

until 1805 when bombardment, close blockade, and an 

internal revolt finally forced the Pasha of Tripoli to sue 

for peace. Similar aggressive tactics were also employed 

by both Jefferson and Madison to neutralize the remaining Barbary States. 

These operations combined with political pressure 

from commercial interests to force Jefferson to retain a 

larger blue-water Navy than members of his party would 
have liked. The latter argued that the large frigates and 

ships of the line favored by the Federalists could provoke 

trouble by appearing to Europeans to be a threat against 

their colonies in the Caribbean and in Latin America. 

On the other hand, they pointed out, a combination of 

fortifications and small boats mounting one or more 

heavy cannon had effectively protected most of the 

coastline during the Revolution. Jefferson came in time 

to agree that reverting to this purely defensive system 

could guarantee American interests in a cost-effective 

way and avoid the risk of antagonizing the Europeans. 

But in June 1807 a major international incident in 

American territorial waters caused a volte face. The 

British frigate Leopard fired on the United States Navy's 

Chesapeake just off the Virginia coast when the American vessel refused to submit to being searched. An indignant population called for a declaration of war, but the 

administration remained committed to diplomatic measures. At the same time, the Jeffersonians were pragmatic enough to realize that stronger defenses would 

add leverage, and in 1808 and 1809 they persuaded Congress to fund a new round of coastal fortifications and 

once again to expand the Regular Army to man the new 

forts and to garrison the Louisiana Territory more effectively. 

When Jefferson's party first came to power, its military and foreign policies, reminiscent of the pre-Revolutionary days, appeared strongly at odds with those of 

the Federalists. It preached the importance of the militia 

as the bulwark of freedom, the dangers of standing armies, the sufficiency of economic persuasion in international relations, and the need to reduce government 

expenses and taxes. But once in power, the Jeffersonians 

developed pragmatic policies not all that different from 

Federalist precedents. This similarity actually should 

have come as no surprise, since many of the Jeffersonians had served in the Revolution alongside their Federalist counterparts and had absorbed the same lessons. In 

retrospect, the basic defense program initiated under 

Washington and Adams survived and prospered under 

Jefferson and Madison because both sides saw it as a 

natural evolution from two centuries of experience that 

met the needs of the new nation. Passionate political 

speeches aside, the difference between the two parties 

came to be more a matter of emphasis than a fundamental division over principles. 

The military policies fashioned by the first generation 

of federal leaders had their final test when the country 

went to war against Britain in 1812. Americans called 

the War of 1812 a "Second War of Independence:' and, 

indeed, the war did reaffirm the victory of 1783. But in a 

larger sense, the War of 1812 was really one small phase 

of the last of the eighteenth century's global struggles. 

Once again the British considered fighting in North 

America less important than the struggle against Napoleon in Europe. In many ways, the conduct of the war 

was conditioned by and mirrored the Revolution, particularly the phase after 1778. The Madison administration 

divided military responsibilities for the war along traditional lines. The regulars, like Washington's continentals, formed the main battle forces, first to carry the 

attack to Canada and thereafter to defend against the 

main British Army. The militia retained its customary 

local functions, reinforcing the coast defense forts and 

Navy gunboats and supporting the regulars in major 

engagements. 

Between 1812 and 1815 the American military system, 

created by the Soldier-Statesmen of the Revolutionary 

generation and in part still commanded by veterans of 

the War for Independence, was tested again. If the war 

did not noticeably enhance the international reputation 

of America's military forces, it nevertheless proved them 

sufficient to the task of stalemating a powerful enemy. 

In a number of key engagements, the nation watched 

able young generals, whose careers would continue well 

into the nation's coming of age, assume the mantle of 

leadership from the aging veterans of the Revolution. 

The youthful Andrew Jackson's victory at New Orleans, 

for example, mirrored that of Samuel Smith of Revolutionary War renown in the successful repulse of the British before Baltimore just months before. Both proved 

once again that regulars and militia could be effectively 

combined in combat, just as they had been at Cowpens, 

when they were employed in a team effort that did not 

require either to carry out tasks alien to its own capabilities. Their achievements in this "second War for Independence" demonstrated that the Founding Fathers, 

ever suspicious of standing armies in the European 

sense, had created a workable alternative for the new 

nation. 

The contribution of the Soldier-Statesmen to the 

foundation of the republic is often dominated by a discussion of numbers. As might be expected, former soldiers, who had developed strong leadership and 

organizational skills during the war, gravitated to similar 

positions in the peacetime government. As a result, Revolutionary veterans clearly dominated government in the 

early years of the new republic. ' A majority of the men 

who signed the Constitution were veterans. A similar 

ratio of veterans to nonveterans existed in the First Congress. Successive Congresses would continue to include a 

significant number of veterans down through the end of 

the Thirteenth Congress in 1815, and in fact veterans 

would control the leadership in both houses of Congress 

long after their total numbers dwindled to a minority. 

Veterans also dominated the executive branch of the naFor a comprehensive statistical breakdown of soldier-statesmen 

and their subsequent service in government, see Appendix D. 

55 
"Battle of New Orleans." (Oil, by Jean Hyacinthe de IAclotte, 1815; New Orleans Museum of Art, gift of Edgar William 

and Bernice Chrysler Garbisch.) 

tiona! government well into the nineteenth century. Two, 

Washington and Monroe, served as President, and their 

colleagues in arms constituted a majority in every presidential Cabinet through 1816, thirty-five years after the 

battle of Yorktown. They also held office in great numbers at every level of the civil service, from senior diplomats serving in delicate international negotiations to 

customs officials, postmasters, and those unheralded 

workers who managed the day-to-day functions of the 

commonweal. While the number of veterans in the federal judiciary was considerably less imposing, a former 

Continental Army captain, John Marshall of Virginia, 

presided as Chief Justice for thirty-four years and did as 

much to shape the future of the nation as any figure of 

his time. Veterans also held a host of positions in state 

and local government where, allied with their comrades 

in the federal system, they would exercise a major influence on the direction of government for many generations. 

56 

More important than sheer numbers was the common 

sense of purpose of this group of leaders. Most wanted 

to institute a powerful federal republic, yet one embodying a system of checks and balances that would prevent 

any single element of government from overriding the 

common good. They also wanted to create a military 

establishment that was always subordinate to the elected 

civilian leaders. If they sometimes seemed to pay excessive attention to the size and roles of that establishment, 

it should be remembered that the Founding Fathers had 

clear precedents-both colonial and European-for regarding the Army as a potential source of mischief. The 

system they devised- a carefully circumscribed regular 

military force supplemented by a well-regulated militia-has remained in force for two hundred years. The 

success of this system owes much to the first President 

and Commander in Chief. Washington's wise military 

advice, clearly articulated in his "Sentiments on a Peace 

Establishment" and his "Farewell Address:• has been a 
guidepost for the American military establishment. 

Above all, he demanded that the American soldier is 

first and foremost a citizen, with all the duties and rights 

that others enjoy, not someone outside the mainstream 

of society. 

As rationalists, the Founding Fathers had a profound 

respect for the appeal of personal civic duty and responsibility. In the early days of the new republic, they reinforced the subordination of the military establishment 

to the civilian government in an individual way. In 1789 

they called on every officer, noncommissioned officer, 

and private soldier "who are, or shall be, in the service 

of the United States" to take an oath, which with only 

minor modification in wording has remained an integral 

part of the life of every serviceman and woman. In a 

special way they become partners of the Founding Fathers when, at the beginning of their military careers, 

each repeats the familiar words: 

I do solemnly swear (or affirm) that I will 

support the Constitution of the United States 

against all enemies, foreign and domestic; 

that I will bear true faith and allegiance 

to the same. 

In taking this oath, they not only underscore the nation's 

continuing dedication to the Constitution, but reflect 

the central place of that document in the unfolding history of the republic. 

57 

SOLDIER-STATESMEN 

OF THE CONSTITUTION 
"Scene of the Signing of the Constitution of the United States." (Oil, by Howard Chandler Christy, 1940; courtesy of the 

Architect of the Capitol.) 

I. Washington, George, Va. 11. Butler, Pierce, S.C. 21. King, Rufus, Mass. 31. Mifnin, Thomas, Pa. 

2. Franklin, Benjamin, Pa. 12. Sherman, Roger, Conn. 22. Gorham, Nathaniel, Mass. 32. Clymer, George, Pa. 

3. Madison, James, Va. 13. Johnson, William Samuel, Conn. 23. Dayton, Jonathan, N.J. 33. Fitzsimons, Thomas, Pa. 

4. Hamilton, Alexander, N.Y. 14. McHenry, James, Md. 24. Carroll, Daniel, Md. 34. Ingersoll, Jared, Pa. 

5. Morris, Gouverneur, Pa. 15. Read, George, Del. 25. Few, William, Ga. 35. Bedford, Gunning, Jr., Del. 

6. Morris, Robert, Pa. 16. Bassett, Richard, Del. 26. Baldwin, Abraham, Ga. 36. Brearly, David, N.J. 

7. Wilson, James, Pa. 17. Spaight, Richard Dobbs, N.C. 27. Langdon, John, N.H. 37. Dickinson, John, Del. 

8. Pinckney, Chas. Cotesworth, S.C. 18. Blount, William, N.C. 28. Gilman, Nicholas, N.H. 38. Blair, John, Va. 

9. Pinckney, Chas., S.C. 19. Williamson, Hugh, N.C. 29. Livingston, William, N.J. 39. Broom, Jacob, Del. 

10. Rutledge, John, S.C. 20. Jenifer, Daniel of St. Thomas, Md. 30. Paterson, William, N.J. 40. Jackson, William, Secretary 

60 
Among the Founding Fathers, the man who presided 

over the Constitutional Convention most clearly embodies the classic concept of the soldier-statesman. Just 

as George Washington was the architect of victory in the 

Revolution, so too, as the first President, he was the key 

figure in establishing essential political precedents to ensure the success of the new republic. Even to his contemporaries, Washington seemed larger than life. Possessed 

of an extraordinary strength of character and a wealth 

0f public virtues, he exhibited an integrity, self-discipline, and devotion to duty that made him the natural 

leader in the task of nation building. 

Rising above the interests of class and section, Washington made a strong, viable union his goal. In a very 

real sense, he personified the emerging spirit of nationhood in the newly independent colonies. His support for 

a stroQg central government undoubtedly reflected his 

military experience, both as an officer in the Virginia 

militia and as the commanding general of the Continental Army. Indeed, the thirteen years that Washington 

spent on active service-more than a quarter of his adult 

life-were a singular devotion to public duty by a prosperous, eighteenth-century landowner. The practical experiences provided by this lengthy military career 

furnished Washington with a sure grasp of the political, 

economic, and military advantages to be gained from an 

effective central government. His unwavering support of 

this concept, and his understanding of the importance 

of political compromise, were essential to the success of 

the Constitutional Convention. 

The Patriot 

A younger son in a family of the landed gentry, Washington appeared destined by birth and education to a 

career as farmer and land surveyor. But the death of his 

older brother in 1752 abruptly changed his life. It 

opened the way to his obtaining Mount Vernon, a large 

plantation on the Potomac, and to his succeeding his 

brother as one of Virginia's four adjutants responsible 

for militia training. Sworn in as a major of militia in 

February 1753, at the age of 21, he volunteered for active 

duty some ten months later. 

Washington entered military service just as the 

lengthy rivalry for empire between England and France 

was reaching its climax in America. If the colonists had 

appeared indifferent to some of the larger aspects of this 

conflict between traditional European enemies, their desire for expansion and their fear of aJliances between the 

French and the Indians made them increasingly opposed 

to a continued French presence in North America. Virginia in particular was incensed when the French established a series of forts in the west. Reacting to this 

threat, Lieutenant Governor Robert Dinwiddie sent the 

young Washington to deliver an ultimatum to the intruders. When diplomacy failed, Dinwiddie ordered out 

a force of 300 colonials under Washington to defend 

English claims to the "Forks of the Ohio:• where the 

Allegheny and Monongahela rivers join to form the 

Ohio (now Pittsburgh). Washington promptly Jed his 

men into what would become the first engagement of 

the French and Indian War. He won a preliminary skirmish before being captured by superior French forces 

some 50 miles south of his objective. 

Widespread criticism, especially among the English 

after his release, only seemed to strengthen Washington's 

resolve. He served as a volunteer aide in 1755 to Major 

General Edward Braddock when the British sent a large 

force of regulars to capture Fort Duquesne, the French 

stronghold recently erected at the Forks of the Ohio. 

Although the Braddock expedition met defeat on the 

banks of the Monongahela, Washington's display of 

courage and tactical skills in battle caused his personal 

reputation to soar. A grateful Dinwiddie subsequently 

placed him in charge of Virginia's frontier defenses. He 

commanded the colony's regiments and separate ranger 

companies (both perpetuated in today's 116th Infantry, 

Virginia Army National Guard), as well as its mobilized 

militiamen. In 1758 Washington became a brigade commander, the only American to achieve that rank during 

the war. 

The French and Indian War served as a training 

ground for the leaders of the American Revolution. 

From his experiences in the field Washington came to 

understand the key role played by discipline, "the soul of 

an army:• as he later called it. He also learned that tactics and formations had to be adapted to terrain. Perhaps most important for his future, he came to realize 

that the able leader pays close attention to administrative detail, learns how to make do with limited resources, and seeks to foster the welfare of his men. 

Resigning his commission in 1758, Washington de61 
voted the next fifteen years to his expanding agricultural 

enterprises. He also began to acquire political skills, 

emerging as a moderate leader of the opposition to English colonial policy. By 1774, however, Virginia's opposition to the mother country had hardened, and 

Washington, always loyal to his colony, joined in supporting the revolutionaries. He accepted the leadership 

of the volunteer militia and represented Virginia in the 

Continental Congress. 

The Soldier 

The Continental Congress quickly took advantage of 

Washington's military experience. Following the fighting 

at Lexington and Concord, it appointed him to various 

committees handling military matters, and on 15 June 

1775 his fellow delegates unanimously elected him 

"General and Commander in Chief" of all Continental 

forces. Washington accepted the assignment only out of 

a profound sense of duty, refusing any salary. For eight 

years, the longest American war before Vietnam, he led 

the main elements of the Continental Army in combat 

while also carrying out the broader responsibilities of 

the Revolution's senior military officer. 

62 

GEORGE WASHINGTON 

Virginia 

Birth: 22 February 1732, at "Wakefield;' Westmoreland County, Virginia 

Death: 14 December 1799, at "Mount Vernon:• 

Fairfax County, Virginia 

Interment: Mount Vernon 

All dates appearing in this and the following biographies of the 

Framers of the Constitution are rendered in New Style. In 1752 

the English-speaking world adopted the Gregorian calendar, 

thereby adding II days to the date and officially moving back 

New Year's Day from 25 March to I Janua ry. Thus Washington's date of birth, for example, was recorded originally as II 

February. 

Oil on canvas, by Gilbert Stuart (c. 1795-96); National Gallery 

of Art. 

The two sides adopted different strategies in the war. 

The English concentrated on occupying urban centers 

and seeking set battles. Washington put his emphasis on 

preserving his forces, believing the Revolution could succeed only if he kept his Army intact. He therefore bided 

his time, avoiding major defeats and acting decisively 

when the chance for surprise arose. Trenton and Princeton, in the winter of 1776, were memorable victories in a 

bleak campaign. In 1777 General Horatio Gates won the 

battle of Saratoga, and France entered the war on the 

American side, thus offering Washington the prospect 

of an allied offensive. In the interim, he employed his 

main force to neutralize the English army in New York, 

while nibbling away at the enemy's strength and resolve 

in other areas, principally in the south. When French 

naval superiority off the Virginia Capes offered the opportunity for victory, Washington struck swiftly, defeating the British at Yorktown in 1781. 

Washington had overcome massive obstacles in pursuing this strategy. After organizing and training the 

Army, he had met the challenge of holding it together as 

a professional fighting force during the dark days of 

defeat. At the same time, he had to placate a demanding 

Congress and jealous state governments, improvise to 
offset shortages in material support, curb his sometimes 

impulsive subordinate commanders, and deal with allies. Only a soldier endowed with extraordinary foresight, personal integrity, and self-discipline could have 

provided the necessary leadership. The claim can be 

made that without Washington the Revolution would 

not have succeeded. 

At war's end, Washington promptly dismantled his 

victorious Army and once again became a private citizen. These actions astounded European observers, who 

fully expected the victorious general to seize power in the 

independent but unorganized colonies. Such assessments overlooked Washington's strong belief in the subordination of the military to civilian authority. He had 

made his position clear in March 1783 when a petition 

urging the Army to force Congress to restore back pay 

had circulated among the officers at Newburgh, New 

York. Washington recalled his own sacrifices in the service of his country and reminded his officers that their 

loyalty should be to their country, not to the Army. To 

dramatize the point, he fumbled through the first paragraph of his prepared remarks, donned glasses, and 

commented that not only had he grown gray in the service of his country but now he was also going blind. He 

then proceeded to denounce the petition as treason. The 

chastised officers meekly dispersed. 

The Statesman 

Washington, his personal finances in shambles, returned to Mount Vernon in 1783 to resume his agricultural and business interests. But his absence from public 

life proved brief. The course of government under the 

Articles of Confederation convinced him that a stronger 

central authority was essential if the political and economic promises of independence were to be realized. His 

active participation in the drive for a stronger union of 

the thirteen states sprang in part from his fascination 

with the potential of the west, an interest born during 

his youthful days as a surveyor in the Shenandoah Valley 

and as an officer in the French and Indian War. To 

promote the development of the Potomac River Valley, 

he hosted a conference between officials from Virginia 

and Maryland at Mount Vernon in 1785. This meeting 

led to a convention in Annapolis the next year and, 

finally, to the Constitutional Convention in Philadelphia in 1787. 

The delegates unanimously elected Washington president of the Constitutional Convention. He proved 

uniquely suited to the task, his presence lending prestige 

and dignity to the proceedings. He also served as an 

important unifying force in th'e deliberations. Under his 

judicious guidance the Convention reached the many 

compromises necessary to achieve a more perfect union 

and wrote the provisions that would provide for a strong 

central government. Ratification of the Constitution led 

in time to Washington's inauguration as President in 

New York City in April 1789. 

Once in office, Washington tried to transform the 

promises of the Revolution and the Constitution into 

realities. Applying experiences gained in commanding 

the Continental Army, he set about the task of organizing and molding a new central government. With quiet 

authority, he balanced the competing factions coalescing around two of his subordinates, Thomas Jefferson 

and Alexander Hamilton. He dealt with the demands of 

the Congress with typical restraint, respecting its legislative prerogatives but never hesitating to exercise his presidential powers. In foreign affairs he insisted on strict 

neutrality in the continuing Anglo-French conflict; in 

economic matters he supported measures to strengthen 

the stability of the new nation. He secured the west 

through military actions and international treaties. He 

also jealously defended the authority of the federal government, quickly calling forth state militia forces to suppress the Whiskey Rebellion, a flouting of the excise tax 

laws by farmers in western Pennsylvania. Always a precedent-setting leader, he established a critical final one 

when he refused to accept a third term. 

Washington's stirring Farewell Address to the country 

not only cautioned against sectional differences and foreign entanglements but also encapsulated his philosophy 

of government. In relinquishing the reins of power for 

the last time, he reminded his fellow citizens that "the 

Unity of Government which constitutes you one people 

is also now dear to you. It is justly so; for it is a main 

Pillar in the Edifice of your real independence, the support of your tranquility at home; your peace abroad; of 

your safety; of your prosperity; of that very Liberty 

which you so highly prize." 

63 
Abraham Baldwin, who represented Georgia at the 

Constitutional Convention, was a fervent missionary of 

public education. Throughout his career he combined a 

faith in democratic institutions with a belief that an informed citizenry was essential to the continuing wellbeing of those institutions. The son of an unlettered 

Connecticut blacksmith, Baldwin through distinguished 

public service clearly demonstrated how academic 

achievement could open opportunities in early American society. Educated primarily for a position in the 

church, he served in the Continental Army during the 

climactic years of the Revolution. There, close contact 

with men of widely varying economic and social backgrounds broadened his outlook and experience and convinced him that public leadership in America included a 

duty to instill in the electorate the tenets of civic responsibility. 

Baldwin also displayed a strong sense of nationalism. 

Experiences during the war as well as his subsequent 

work in public education convinced him that the future 

well-being of an older, more prosperous state like Connecticut was closely linked to developments in newer 

frontier states like Georgia, where political institutions 

were largely unformed and provisions for education remained primitive. His later political career was animated 

by the conviction that only a strong central government 

dedicated to promoting the welfare of the citizens of all 

the states could guarantee the fulfillment of the ideals 

and promises of the Revolution. 

The Patriot 

The Baldwins were numbered among the earliest New 

England settlers. Arriving in Connecticut in 1639, the 

family produced succeeding generations of hard-working farmers, small-town tradesmen, and minor government officials. Abraham Baldwin's father plied his trade 

in Guilford, where he eventually rose to the rank of 

lieutenant in the local unit of the Connecticut militia. A 

resourceful man with an overriding faith in the advantages of higher education, he moved his family to New 

Haven where he borrowed heavily to finance his sons' 

attendance at Yale College (now Yale University). Abraham Baldwin never married, but he made a similar sacrifice, for after his father's death he assumed many family 

debts and personally financed the education of the fami64 

ly's next generation. 

Baldwin graduated from Yale in 1772, but, intending 

to become a Congregationalist minister, he remained at 

the school as a graduate student studying theology. In 

1775 he received a license to preach, but he decided to 

defer full-time clerical duties in order to accept a position as tutor at his alma mater. For the next three years 

he continued in this dual capacity, becoming increasingly well known both for his piety and modesty and for 

his skill as an educator with a special knack for directing 

and motivating the young men of the college. 

The Soldier 

Baldwin's continuing association with Yale College 

contributed directly to his entry into military service. 

The college, which had produced a major share of Connecticut's clergy for nearly a century, now became the 

major source of chaplains for the state's Continental 

Army contingent. Baldwin apparently served as a chaplain with Connecticut forces on a part-time basis during 

the early stages of the war, and finally in February 1779 

he succeeded the Reverend Timothy Dwight, another 

Yale tutor, as one of the two brigade chaplains allotted 

to Connecticut's forces. He was appointed as chaplain in 

Brigadier General Samuel H. Parsons' brigade, remaining with the unit until the general demobilization of the 

Army that followed the announcement of the preliminary treaty of peace in June 1783. 

The duties of a Revolutionary War chaplain were 

quite extensive, varying considerably from the modern 

concept of a clergyman's military role. In addition to 

caring for the spiritual needs of the 1,500 or so soldiers 

of differing denominations in the brigade, Baldwin assumed a major responsibility for maintaining the morale 

of the men and for guarding their physical welfare. He 

was also assigned certain educational duties, serving as a 

political adviser to the brigade commander and subordinate regimental commanders. In his sermons and in less 

formal conversations with the officers and men he was 

expected to help the soldiers understand the basis for the 

conflict with the mother country and thereby to heighten 

their sense of mission and dedication to the Patriot 

cause. 

Although Baldwin's unit did not participate in combat during the last four years of the war, it still played a 
major role in Washington's defensive strategy. The Connecticut brigades were assigned to garrison duty near 

West Point. There they helped secure vital communications along the Hudson River and guard this critical 

base area against British invasions. They performed 

their mission well; the Continental brigades in the Hudson Valley formed the bedrock of Washington's main 

army against which no British general was likely to attack. With his center thus secured, Washington was free 

to launch successful offensive operations against smaller 

enemy forces in other parts of the country. The soldiers 

in Baldwin's brigade eventually trained for an amphibious attack on the British stronghold at New York City 

late in the war, but the plan was never put into effect. 

Baldwin had little to do with these purely military 

matters, but his service as a chaplain proved vital to the 

Patriot cause. Along with the rest of the main Continental line units from the New England and middle states, 

Baldwin's Connecticut brigade had weathered the darkest days of the war. During 1778 these units had received 

rigorous training under Washington's famed Inspector 

General, Frederick von Steuben, and they had emerged 

as seasoned professionals, the equal of Britain's famous 

Redcoats. Nevertheless, the deprivations of such a long 

ABRAHAM BALDWIN 

Georgia 

Birth: 23 November 1754, at Guilford, Connecticut 

Death: 4 March 1807, at Washington, D.C. 

Interment: Rock Creek Cemetery, Washington, 

D.C. 

Pencil drawing, by Robert Fulton (early nineteenth century); 

National Portrait Gallery. 

war exacted a toll on morale, leading to desertions and 

occasional mutinies in the 1780s. The Connecticut units, 

however, remained among the most reliable. Thanks in 

great part to the success of leaders like Baldwin, the 

troops had been thoroughly educated as to the nation's 

war aims and the need for extended service by the Continental units. As a result, Connecticut stood firm. 

Military service in turn had a profound influence on 

Baldwin's future. During these years he became friends 

with many of the Continental Army's senior officers, 

including Washington and General Nathanael Greene, 

who would take command in the south in late 1780. He 

was also a witness to Major General Benedict Arnold's 

betrayal of his country. These associations moved the 

somewhat cloistered New England teacher and theology 

student toward a broader political outlook and a strong 

moral commitment to the emerging nation. 

The Statesman 

In 1783 Baldwin returned to civilian life and to a 

change in career. He rejected opportunities to serve as a 

minister and to assume the prestigious post as Yale's 

Professor of Divinity. While sti!J in the Army he had 

65 
studied law and had been admitted to the Connecticut 

bar. Now, after settling his family's affairs, he left New 

England for the frontier regions of Georgia, where he 

established a legal practice in Wilkes County near Augusta. 1\vo men probably influenced this decision. Nathanael Greene had announced his intention to move to 

the state he had so recently freed from British occupation and was encouraging other veterans to join him in 

settling along the frontier. More importantly, Governor 

Lyman Hall, himself a Yale graduate, was ~terested in 

finding a man of letters to assist in developing a comprehensive educational system for Georgia. He apparently 

asked Yale's president, Ezra Stiles, to help him in the 

search, and Baldwin was persuaded to accept the responsibility. 

Baldwin decided that the legislature was the proper 

place in which to formulate plans for the education of 

Georgia's citizens. A year after moving to the state, he 

won a seat in the lower house, one he would continue to 

hold until1789. During his first session in office he drew 

up a comprehensive plan for secondary and higher education in the state that was gradually implemented over 

succeeding decades. This plan included setting aside 

land grants to fund the establishment of Franklin College (today's University of Georgia), which he patterned 

after Yale. 

Baldwin quickly emerged as one of the leaders in the 

Georgia legislature. In addition to sponsoring his educational initiatives, he served as the chairman of numerous 

committees and drafted many of the state's first laws. 

His role reflected not only an exceptional political astuteness, but also an ability to deal with a wide variety 

of men and situations. As the son of a blacksmith, 

Baldwin exhibited a natural affinity for the rough men 

of the Georgia frontier; as the graduate of one of the 

nation's finest schools, he also related easily to the 

wealthy and cultured planters of the coast. This dual 

facility enabled him to mediate differences that arose 

among the various social and economic groups coalescing in the new state. As a result, he exercised a leadership 

role in the legislature by devising compromises necessary 

for the adoption of essential administrative and legal 

programs. 

Baldwin's exceptional work in the legislative arena 

prompted political leaders in his adopted state to assign 

him even greater responsibilities. In early 1785 Georgia 

elected him to the Continental Congress, initiating a 

career in national government that would end only with 

his death. Although he had moved to Georgia to serve as 

a "missionary in the cause of education;• as he put it, he 

nevertheless willingly assumed the burdens associated 

with national politics in the cause of effective government. In 1787 Georgia caHed on Baldwin to serve in the 

Constitutional Convention where, avoiding the lime66 

light, he earned the respect of his colleagues both for his 

diligence as a delegate and his effectiveness as a compromiser. 

Baldwin was an active participant in the deliberations 

over representation that were at the heart of the constitutional process. He had originally supported the idea 

of representation in the national legislature based on 

property qualifications, which he saw as a way to bond 

together the traditional leadership elements and the new 

sources of political and economic power. When delegates from his native state convinced him that small 

states like Connecticut would withdraw from the Convention if the Constitution did not somehow guarantee 

the equality of state representation, he changed his 

stand. His action tied the vote on the issue and paved the 

way for consideration of the question by a committee. 

Baldwin eventually helped draw up the Great Compromise, whereby a national legislature gave equal voice to 

all thirteen states in a Senate composed of two representatives from each, but respected the rights of the majority in a House of Representatives based on population. 

His role in this compromise was widely recognized, and 

Baldwin himself considered his work in drafting the 

Constitution as his most important public service. 

After the adoption of the Constitution, Baldwin continued to serve in the last days of the old Continental 

Congress and then went on to serve five terms in the 

House of Representatives and two terms in the Senate, 

including one session as the President Pro Tern of that 

body. His political instincts prompted him to support 

the more limited nationalist policies associated with 

James Madison, and he was widely recognized as a 

leader of the moderate wing of the Democratic-Republican party. Throughout his years of congressional service, Baldwin remained an effective molder of legislative 

opinion, working in committees as well as in informal 

political circles to develop the laws that fleshed out the 

skeletal framework provided by the Constitution. 

Baldwin's political philosophy was encapsulated in his 

often quoted formula for representative governments: 

"Thke care, hold the wagon back; there is more danger 

of its running too fast than of its going too slow." A 

man of principle, who had learned much from his service in the Continental Army, Baldwin demonstrated 

throughout a lengthy public career the value of accommodation between competing political interests, the critical need of national unity, and the importance of 

education to a democratic society. 
Richard Bassett, who represented Delaware at the 

Constitutional Convention, devoted most of his career 

to the service of his county and state. Reflecting the 

particular interests and needs of his region, he concentrated on agricultural matters, local military organization, and religious and charitable affairs. Only rarely 

and for the briefest periods during his adult life did he 

even travel outside the boundaries of Kent County. Yet at 

a key moment in his country's history, Bassett assumed 

an important role in advancing the cause of a strong 

central government. He led the fight for ratification of 

the Constitution in Delaware, an effort crowned on 7 

December 1787 when his state became the first to approve the new instrument of government. 

Bassett's experiences as a politician and soldier during 

the Reyolution broadened his political horizons. The 

war had demonstrated, even to a man whose concerns 

had seldom transcended the confines of his state, the 

need for greater regional and national cooperation for 

the mutual interest of every community and section. In 

Bassett's case, the war transformed him into an effective 

proponent of a truly cohesive union of aU the states. 

The Patriot 

Bassett's life illustrates the economic and social opportunities that existed in colonial America. He was 

born in Cecil County, Maryland. His father, a part-time 

tavern keeper and farmer, abandoned his family when 

Bassett was a child. The young man had to depend on 

the assistance of his maternal relations, but with their 

help, he eventually became a lawyer and acquired a small 

plantation. In 1770 he moved to Dover, Delaware, where 

he practiced Jaw and pursued his agricultural interests. 

He quickly became a man of property, and began to 

move with ease in the social world of the local gentry, 

among whom he developed a reputation for hospitality 

and philanthropy. 

Bassett's legal and charitable activities led naturally to 

politics. In 1774 he was elected by the voters of Kent 

County to serve as a member of its Boston Relief Committee. In this role Bassett helped to collect contributions for those suffering hardship as a result of the 

Coercive Acts, a series of political and economic measures that Parliament had enacted to reassert its control 

over the colonies, but which the colonists interpreted as 

a blow to their liberties. The committee brought Bassett 

into close working relationship with the leaders of the 

local Patriot movement: Caesar Rodney (who would 

later sign the Declaration of Independence), his brother 

Thomas, and John Haslet, the future commander of 

Delaware's Continental Army regiment. This association 

led to further political responsibilities during the Revolution, when Bassett represented the citizens of his 

county in a variety of offices. He participated in the 

convention that drafted Delaware's constitution and 

served three terms in the state senate and one in the 

lower house of the state legislature. As a member of 

both the Delaware and Kent County Councils of Safety, 

which functioned as the executive arms of those political 

bodies, Bassett also had the opportunity to help manage 

the day-to-day fortunes of his state during the crucial 

years of the Revolution. 

The Soldier 

Bassett's close association with military affairs began 

early in 1776 when he helped plan the mobilization of 

Delaware's forces for service in the Revolution. He developed plans for the organization of Haslet's regiment 

(perpetuated by today's !98th Signal Battalion, Delaware Army National Guard), the only unit of Continental regulars recruited in the state. Relying on his legal 

and political skills, he coordinated the all-important 

task of selecting officers for the regiment, measuring 

nominees against the military criteria of the day: patriotism, sufficient popularity to attract recruits, and military competence. Bassett's selections were clearly a 

success; Haslet's regiment was later judged among the 

very best combat units in Washington's command. 

Bassett was instrumental in raising a militia unit to 

serve as Delaware's contribution to the Flying Camp, a 

mobile reserve that provided Washington with some 

10,000 men who could be called forward to join the 

continentals holding New York City. He also helped organize Captain Thomas Rodney's Dover Light Infantry, 

a company of volunteer militia which served in the Trenton-Princeton campaign late in 1776. 

Later emergencies allowed Bassett to Jearn firsthand 

the responsibilities of the citizen-soldier. During the 

67 
summer of 1777 the British entered the upper Chesapeake Bay with the objective of capturing Philadelphia, 

the American capital. Under Washington's defense plan, 

Delaware mobilized its militia force under the command 

of General Caesar Rodney; its mission was to maintain a 

sector of the cordon thrown up between the approaching 

British and the capital by combined troops from the 

middle states. Rodney's units were also expected to delay 

any possible British drive south toward Baltimore until 

Washington's continentals could arrive on the scene. Although legally exempted from militia service because of 

his legislative position, Bassett nevertheless appears to 

have joined his friend Rodney in the field as a volunteer. 

The Delaware militia returned home after the British 

retired from the area, but Bassett continued as a parttime soldier, assuming command of the Dover Light 

Horse, Kent County's militia cavalry unit. 

Bassett gained a great deal of practical experience and 

insight during his service in the Revolution. On one 

hand, he learned how to raise troops and supply them in 

the field so well that his state repeatedly called on him to 

manage its mobilizations. But as events propelled him 

from local leadership to a major role in state affairs, 

Bassett also came to appreciate the more general point 

68 

RICHARD BASSEIT 

Delaware 

Birth: 2 April 1745, at "Bohemia Manor:• Cecil 

County, Maryland 

Death: 15 August 1815, in Kent County, Delaware 

Interment: Wilmington and Brandywine Cemetery, Wilmington, Delaware 

Engraving, by Charles B. J. Fevret de Saint-Memio (1802); National Portrait Gallery, Smithsonian Institution, Washington, 

D.C.; gift of Mr. & Mrs. Paul Mellon. 

that cooperation between the states was vital. Planning 

for the common defense against the British in 1777 required him to coordinate frequently with military leaders in Pennsylvania and Maryland as well as with the 

strategists in Washington's Continental Army. At the 

same time, his milita service demonstrated to him that 

sacrifices would be required from citizens of every economic and social level if the concept of the citizen-soldier was to remain effective. The war even seemed to 

have a profound effect on Bassett's personality, prompting him to adopt a simpler lifestyle. Gone was the ambitious social leader of the local gentry. Instead a quiet, 

serious, and "most efficient" public servant emerged to 

deal with the state's postwar problems. 

The Statesman 

Designing a new national government for the victorious colonies posed a dilemma for politicians like Bassett 

who represented a small state. A strong central government might well promote economic prosperity and guarantee civil liberties, but it might also subordinate the 

local interests of the smaller states to the overriding concerns of their larger, more populous neighbors. Bassett's 
wartime experiences, however, convinced him that the 

weak government created by the Articles of Confederation had to be strengthened. In 1786 he agreed to represent Delaware at the Annapolis Convention, a meeting 

called to discuss closer economic cooperation among the 

states. The Annapolis gathering resulted in a call to the 

states to meet in Philadelphia the next year to design a 

new government. Bassett again represented Delaware. 

Although he rarely addressed the Constitutional Convention, Bassett strongly supported the Great Compromise advanced by his colleague John Dickinson and 

others. Designed to protect the rights of the small states, 

the compromise called for a national legislature that 

gave an equal voice to all thirteen states in a Senate 

composed of two representatives from each, but which 

respected the rights of the majority in a House of Representatives based on population. 

Actually, Bassett's major contribution to the cause of 

strong government was made after the Convention. The 

work of the Founding Fathers would clearly have come 

to naught if the new Constitution had failed to receive 

the approval of the states, and historians agree that Bassett was the most important leader in the fight to win 

ratification in Delaware. Here the political skills and 

personal alliances that he had forged during the Revolution came to the fore, enabling Bassett to convince his 

colleagues that a strong central government indeed supported the interests of the smaller states. He won their 

unanimous agreement just five months after the document had been drawn up in Philadelphia. 

Bassett's growing popularity in his state was then rewarded by his election to the new United States Senate. 

While he continued to support strong government, he 

allied himself with the moderate wing of the Federalist 

party that had gathered around Vice President John Adams. As a senator, for example, he supported President 

Washington's right to control the internal workings of 

the executive branch through the power of dismissing 

appointed officials, but he opposed some of Secretary 

of the Treasury Alexander Hamilton's more extreme proposals for advancing the powers of the presidency. Reflecting the continuing concerns of the small states, 

Bassett was the first to vote for locating the new national 

capital away from New York and Pennsylvania in an 

independent federal enclave on the banks of the Potomac River. Bassett's political interests had never strayed 

far from the affairs of his state. Even before ending his 

Senate service, he played a principal role, along with 

John Dickinson, in drafting a new constitution for Delaware. In 1793 he began a six-year term as first chief 

justice of Delaware's court of common pleas, and in 

1796 he served as a member of the Electoral College in 

the presidential election. Bassett followed his previous 

Federalist loyalties by casting his electoral vote for John 

Adams. In 1799 he was elected governor. Bearing in 

mind the lessons he had learned during the Revolution, 

Governor Bassett actively executed his responsibilities as 

commander in chief of the Delaware militia, working 

with veterans of the Continental Army to improve its 

organization. He was particularly conscious of the importance of leadership in a military unit and devoted 

much care to the selection and commissioning of militia 

officers as a means of ensuring the revitalization of his 

state's military forces. 

Bassett's tenure as governor of Delaware was the natural culmination of a public life spent in service to his 

state. Although his remarkable contribution to the cause 

of strong national government epitomized the breadth 

of his vision, his active promotion of an effective union 

of the states was always motivated by concerns for the 

interests, welfare, and liberties of his own home state. 

69 
William Blount, who represented North Carolina at 

the Constitutional Convention, personified America's 

enduring fascination with its frontier. Raised in the aristocratic tradition of the seaboard planter society, Blount 

faithfully served his native state in elective office and 

under arms during the Revolution. But like George 

Washington, Blount also foresaw the boundless opportunities and potential of the west. Drawn to the transAllegheny territories, he eventually played a major role 

in the founding of the state of Tennessee. 

Blount's journey from the drawing rooms of the east 

to the rude fiontier cabins of his adopted state not only 

illustrates the lure of the region to a man of business and 

political acumen but also underscores the fact that the 

creation of a strong central government that could protect and foster westward expansion was a critical factor 

in America's growth as a nation. Indeed, Blount had led 

the fight in North Carolina for ratification of the new 

Constitution because he, like many of his fellow veterans, had already come to realize that the various political and economic promises of independence could be 

fulfiiJed only by a strong, effective union of all the 

states. 

The Patriot 

Blount was born into a world of wealth and privilege. 

The oldest son in a family of distinguished merchants 

and planters who owned extensive properties along the 

banks of the Pamlico River, he was educated by private 

tutors, and with his brothers he moved with ease into a 

career managing some of his father's mercantile interests. At this stage of his life, Blount showed little sympathy for the aspirations of the roughhewn settlers in the 

western regions of the colony. Influence~ by the Whig 

planter class, he opposed the demands of the Regulators, a loose organization of western populists who 

sought greater economic and political parity with the 

eastern planters through reform of the colony's election 

laws, tax and land regulations, and judicial system. 

When these demands turned to physical confrontation, 

Blount joined a force of militia loyal to the governor, 

which in May 1771 confronted some 2,000 mostly unarmed Regulators on the banks of the Alamance River. 

Although the largely bloodless battle that followed saw 

the defeat of the Regulators and the execution of their 

70 

leaders, many of their reforms were eventually adopted 

by the North Carolina assembly. 

The Whig leaders responsible for defeating the Regulators would later ally themselves with their old western 

foes in the fight for independence in North Carolina. 

The former Regulators turned against Britain when a 

Royal proclamation in 1774 closed off western expansion; the Whigs, representing the interests of the eastern 

seaboard, opposed the efforts of the Royal governor to 

reassert British control over local affairs, which for 

nearly a century had been exercised by the colonial assembly. Both groups were represented in the assembly, 

and the growing political tension between that body and 

an increasingly autocratic Royal governor led the colony 

to cast its lot with the Patriot cause. As leading members 

of the moderate faction of North Carolina's Whig party, 

the Blounts played an important role in the move toward 

independence. 

The Soldier 

When differences with the Royal governor moved beyond any hope of reconciliation, the North Carolina 

assembly began recruiting troops in the summer of 1775, 

ultimately contributing ten regiments of infantry and 

several separate companies of artillery and cavalry to the 

Continental Army. This mobilization attracted many 

prominent citizens to the colors, including six members 

of the Blount family. As part of a general reorganization 

of the state's military units in December 1776, William 

Blount accepted appointment as the regimental paymaster for the 3d North Carolina Regiment. Although a 

regimental paymaster _was not a commissioned officer 

with command responsibility on the battlefield, Blount 

served under a warrant on the regimental staff and drew 

the same pay and allowances as a captain. He also participated in the regiment's march north in the late spring 

of 1777 when it joined Washington's main army in defense of Philadelphia against Sir William Howe's Royal 

forces. 

Washington planned to defend the American capital 

from behind a series of fortifications along the Delaware 

River. When Howe chose instead to land at the head of 

the Chesapeake Bay and move overland, Washington 

quickly drew up new defensive positions along the Brandywine River, but when Howe outmaneuvered him in a 
battle on 11 September, he was forced to withdraw. Less 

than a month later, Washington went on the offensive, 

counterattacking at Germantown, near Philadelphia. 

Repeating surprise tactics used at 'Trenton, the continentals enjoyed initial success, smashing several battalions 

of British light infantry before coordination broke down 

between the assault columns. Rather than risk defeat, 

Washington called off the attack and safely withdrew. 

The North Carolina forces, although reduced by disease 

and other causes to an understrength brigade, served as 

the reserve force, successfully screening the retreating 

continentals. Blount and his comrades had participated 

in one of the key battles of the war. By demonstrating 

Washington's willingness to fight and the Continental 

Army's recuperative powers, the battle convinced France 

that the Americans were in the war to the end and directly influenced France's decision to support the Revolution openly. 

Following its first major campaign, the greatly weakened North Carolina Line began a series of reorganizations to recoup its fighting strength. Blount returned 

home to become chief paymaster of state forces and 

later deputy paymaster general for North Carolina. For 

the next three years he remained intimately involved in 

WILLIAM BWUNT 

North Carolina 

Birth: 6 April1749, at "Rosefield:' Bertie County, 

North Carolina 

Death: 21 March 1800, at Knoxville, Tennessee 

Interment: First Presbyterian Church Cemetery, 

Knoxville, Tennessee 

Oil on canvas, by Washington Cooper (c. 18SO); courtesy of 

ll:nnessee State Museum, ll:nnessee Historical Society Collection. 

the demanding task of recruiting and reequipping forces 

to be used in support both of Washington's main army 

in the north and of separate military operations in defense of the southern tier of states. 

The fall of Charleston, South Carolina, to British 

forces under Sir Henry Clinton in May 1780 was a major 

defeat for the Patriot cause. During that battle the last 

of North Carolina's continentals were captured, exposing the state to invasion. Once again the state was forced 

to join its neighbors in the difficult task of raising new 

units, this time to counter a force of British, Hessian, 

and Loyalist troops under General Charles Cornwallis. 

Blount not only helped organize these citizen-soldiers 

but also took to the field with them. His North Carolina 

unit served under General Horatio Gates, who hastily 

engaged Cornwallis in a bloody battle at Camden, 

South Carolina. On August 16 Gates deployed his 

units-his continentals to the right, the North Carolina 

and Virginia militia on his left flank- and ordered an 

advance. The American soldiers were exhausted from 

weeks of marching and insufficient rations. Furthermore, the militia elements had only recently joined with 

the regulars, and disciplined teamwork between the two 

components had not yet been achieved. Such teamwork 

71 
was especially necessary before hastily assembled militia 

units could be expected to perform the intricate infantry 

maneuvers of eighteenth-century linear warfare. While 

the continentals easily advanced against the enemy, the 

militia quickly lost their cohesion in the smoke and confusion, and their lines crumbled before the counterattacking British. Cornwallis then shifted all his forces 

against the continentals. In less than an hour Gates' 

army had been lost to the Patriot cause. This second 

defeat in the south, the result of inadequate preparations, provided the young Blount a lesson that would 

stand him in good stead in later years. It also marked the 

end of Blount's active military career. 

The Statesman 

Following the defeat at Camden, Blount resigned his 

military responsibilities to accept a seat in the North 

Carolina assembly. During the next six years he served in 

both houses of the legislature, including one term as 

speaker of its lower house, and represented his state in 

the Continental Congress. He also served North Carolina as its negotiator with the powerful Indian tribes on 

its western frontier. Like many of his fellow veterans 

during this period, Blount had become an investor and 

speculator in western lands. His developing interest in 

the economic potential of western expansion as well as 

his exposure to national issues both as a soldier and as a 

member of the Continental Congress completed the 

transformation of this tidewater Whig into an exponent 

of a strong, stable central government. 

Blount expressed these related interests most clearly 

when he accepted the invitation to represent North Carolina at the Constitutional Convention in 1787. Although he did not actively participate in the Convention 

debates and even expressed reservations about some sections of the final document, Blount signed the Constitution because, as he explained, in a democracy the will of 

the people, expressed through their elected delegates, 

should be heard. He actively supported ratification of 

the Constitution when North Carolina debated the issue 

in 1789. 

In 1790 President Washington chose his old comrade 

in arms to serve as territorial governor of the transAllegheny lands ceded by North Carolina to the new 

nation. He also appointed Blount to the post of superintendent of Indian affairs for the Southern Department. 

These dual responsibilities tested Blount's political abilities to the utmost, forcing him to balance the expansionist interests of the frontier settlers against the 

protectionist policies of the national government toward 

the Indian tribes. He performed a wide array of tasks 

extraordinarily well. He negotiated a series of treaties 

with the powerful tribes of the southern frontier- the 

72 

Creeks, Cherokees, Choctaws, and Chickasaws. Drawing on his experience in the Revolution, and mindful of 

the losses that had resulted from poorly prepared militia 

in that war, he organized the territorial militia, supervising its training and deploying it in conjunction with the 

militias of neighboring states to protect settlements and 

punish roving bands of hostile Indians. This combination of diplomacy and force preserved the peace during a 

period when the Regular Army's single regiment was 

fully committed to operations in the Northwest Thrritory. It also won Blount the respect and support of the 

settlers pouring into the region. After he led Tennessee 

to full statehood in 1796, serving as chairman of its 

constitutional convention, he was elected as one of the 

new state's first United States senators. 

Blount's new career proved short-lived. In less than a 

year his colleagues expelled him from the Senate on 

charges of conspiring with an agent of the British government. These charges, unconfirmed to this day, connected Blount with a plot to seize control of Spain's 

possessions in Louisiana and Florida. There was certainly a widespread frustration in the frontier states, and 

especially in Tennessee, over Spain's continued control 

of the Mississippi River, on which the economic survival 

of the region depended. Whatever his connection with 

the affair, Blount's popularity in Tennessee remained 

undiminished. In 1798 he was elected to the state legislature, where he served with honor as speaker of the senate 

until his death. 

Like many men of his generation, Blount was transformed by his experiences in the War for Independence. 

It caused him to moderate his initial sense of loyalty to 

one class and section, allowing him to become a leader 

in the westward expansion of the nation. It also transformed him into a strong nationalist by convincing him 

that only a strong central government could harness the 

potential for nationhood that he saw around him. 
David Brearly, who represented New Jersey at the 

Constitutional Convention, was an important spokesman for the proposition that law has primacy over governments and social institutions. A student of the 

Enlightenment philosophers and English jurists, he 

adopted their idea that a contract existed between the 

individual and the state. He held that the citizen possessed basic rights that had been encapsulated in the 

Common Law and customs of England, and that neither 

the will of Parliament nor the immediate needs of local 

society should take precedence over these fundamental 

rights. He defended these beliefs on the battlefield during the Revolution and later, as an eminent American 

jurist, from the bench. Brearly then helped frame the 

Constitution, with its careful definition of the rights of 

citizens and the obligations of government, and became 

one of the first federal judges to serve under this new 

supreme law of the land. 

Brearly's experiences during the Revolution did much 

to clarify his attitudes toward government. He came to 

realize in the tumult of the civil war that raged through 

his home state that without the protection of a strong 

government the individual citizen's rights would always 

be hostage to the whims of popular prejudice. A soldier 

with ties to both militia and regulars, he concluded that 

only a constitutionally based government could guarantee that the nation's military forces would remain properly subordinated to its elected civilian leaders. From his 

wartime experience, he also recalled the confusion and 

chaos that had accompanied a government that was only 

a weak confederation of the states. A future under such 

a confederation seemed especially dangerous for small 

states like New Jersey. He sought a stronger government 

that would recognize and protect the rights of all the 

states under a rule of law. 

The Patriot 

The Brearly family emigrated from Yorkshire in the 

north of England in 1680, settling in "West Jersey:• an 

area of the colony that looked toward Philadelphia 

rather than New York for leadership. Brearly grew up 

near Thenton and attended the College of New Jersey 

(now Princeton University). He left college before graduating (Princeton would later award its eminent son an 

honorary degree) to take up the study of the law. He was 

eventually accepted by the bar and opened a practice in 

Allentown, a flourishing community at the western end 

of Monmouth County near Trenton. 

Brearly's student years set the course of his subsequent political interests. Princeton's curriculum exposed 

him to the intellectual ferment of the Enlightenment, 

especially its notions of individual rights, while his legal 

training required a thorough grounding in treatises on 

the Common Law. Brearly's studies formed him into a 

young Patriot, one of Monmouth County's outspoken 

opponents of Parliamentary absolutism. His biting criticism of the government provoked the ire of Royal Governor William Franklin, who threatened to arrest the 

popular lawyer for high treason. 

Brearly's career took a new turn in the summer of 

1776 when New Jersey openly supported the call for 

independence. His neighbors had elected him to serve as 

a colonel in the county militia. During this period the 

Patriots used the militia as the vehicle to implement the 

decisions of the as yet unofficial government of New 

Jersey and to prevent opponents from obstructing the 

move toward independence. Working under the supervision of the local Committee of Safety and the legislature, Brearly recruited, organized, and trained his unit 

and used it to disarm local Loyalists. Brearly would later 

come to realize the risks inherent in this kind of extralegal action, but at the time his efforts contributed directly to smoothing the transition to a new state government. 

The Soldier 

While New Jersey was taking its final steps toward 

independence, a massive British armada appeared off 

New York harbor. These forces clearly outnumbered 

Washington's continentals, and Congress called on 

nearby states to mobilize their citizen-soldiers to resist 

the coming assault. Included in New Jersey's 3,300-man 

quota was Colonel Philip Van Cortlandt's regiment, in 

which Brearly was second in command. The regiment 

spent part of its active duty guarding New Jersey's shoreline before transferring to Manhattan for the closing 

phases of the fight for New York City. 

Despite the efforts of Washington's regulars and the 

massed militia, New York and its strategic harbor fell to 

the enemy in September 1776. This defeat provided an 

73 
important lesson that Washington and his senior officers 

pressed on the Continental Congress: it would take fulltime soldiers to engage British and Hessian regiments 

successfully in open battle. While militia units could 

play an important role in local defense and flank security, the Continental Army required men who could 

serve long enough to learn the complex tactics involved 

in eighteenth-century linear warfare. Congress accepted 

this argument, authorizing a large increase in the Army 

and directing that it serve for the duration of the war 

instead of one year at a time. 

New Jersey's quota of Continental regiments under 

the new legislation increased by one, and the state's political and military leaders conferred over the choice of 

the additional senior officers required to form it. 

Brearly's militia record attracted their attention, and 

they commissioned him as lieutenant colonel of the 4th 

New Jersey Regiment, although resignations and promotions almost immediately led to his transfer to the state's 

senior unit, the 1st, which had just returned to the state 

from a year of duty on the Canadian front. 

Brearly assisted the regiment's commander, Colonel 

Matthias Ogden, in reenlisting the men, replacing losses, 

and reequipping the unit. At the same time, the regiment 

74 

DAVID BREARLY 

New Jersey 

Birth: 11 June 1745, at Spring Grove, New Jersey 

Death: 16 August 1790, at Trenton, New Jersey 

Interment: St. Michael's Episcopal Church Cemetery, Thenton, New Jersey 

Portrait by unknown artist; courtesy of Grand Lodge of the 

Most Ancient and Honorable Society of Free and Accepted 

Masons for the State of New Jersey. 

had to help defend the northern part of the state in the 

aftermath of the battles of Trenton and Princeton. This 

latter activity involved constant patrols and frequent 

skirmishes with British troops based around New Brunswick and Amboy. Beginning in May 1777 the New Jersey 

Brigade under Brigadier General William Maxwell 

joined the main army in a series of marches and countermarches across the middle of the state while Washington 

puzzled over whether Philadelphia or Albany would be 

the enemy's next target. 

General Sir William Howe's Redcoats eventually 

boarded ships and, sailing by way of Chesapeake Bay, 

attacked Philadelphia from the rear. Washington hastily 

redeployed his units to face the new danger, eventually 

establishing a defensive line along Brandywine Creek. 

On the morning of 11 September Hessians and some 

British light troops appeared before Chad's Ford and 

immediately engaged the New Jersey Brigade. Hard 

skirmishing lasted all morning as the outnumbered continentals appeared to be holding their own; in the afternoon Howe's main force, which had crossed far 

upstream at an unguarded ford, appeared on Washington's flank and eventually forced the Americans to retreat. Brearly and the rest of Maxwell's men helped 
cover the withdrawal as Philadelphia fell to the enemy. 

When the Americans counterattacked at Germantown 

three weeks later, the New Jersey Brigade formed the 

reserve of one of the two assault columns. The American units were engaged in hard fighting when fog and 

confusion forced Washington to break off the battle. 

Although participating in these two defeats, Brearly's 

regiment remained highly motivated. During the following winter the men's confidence increased when they 

were trained by Frederick von Steuben at Valley Forge. 

In June 1778 the regiment joined in a pursuit of British 

forces across New Jersey, forming part of the American 

advance guard and acquitting itself with honor at the 

battle of Monmouth. 

Unable to mass the strength required to take on Washington's full force, the British adopted a new strategy in 

1778, concentrating their military effort on the conquest 

of the southern states. With operations drawing down in 

the northern theater, and facing a reorganization caused 

by reduced strength, New Jersey surveyed the senior officers of the state line to determine which were willing to 

retire. Brearly volunteered, retiring in August 1779 to 

resume his legal career. In his three years with the militia 

and continentals, Brearly had gained valuable insights 

into the political dimension of the age-old issue of civilian control over the military. He remained in touch with 

military affairs by resuming his old militia command in 

Monmouth County's 2d Regiment, and later serving as a 

vice president of the Society of the Cincinnati, the famous veterans' organization. 

The Statesman 

In the summer of 1779 New Jersey appointed Brearly 

to succeed Robert Morris as the state's chief justice. 

Despite his relative youth, he immediately made his 

mark in American legal history when his court decided 

the famous case of Holmes vs. Walton. The case evolved 

out of the state's effort to curb contraband trade with 

the British. Trading with the enemy was popular since 

the British could buy food and supplies with hard cash 

or scarce imported items while the American forces most 

often depended on depreciated paper money or promissory notes. In 1778 New Jersey passed a law that allowed 

Patriots to seize goods being brought into the state by 

Loyalists or enemy troops. Suspects were to be tried in a 

civilian court before juries of six men, instead of the 

customary twelve dictated by Common Law. 

Caught smuggling goods to the British, John Holmes 

and a companion were duly tried and convicted by a sixman jury. They appealed the conviction to the state supreme court, and after lengthy deliberation, Judge 

Brearly overturned the conviction, declaring the law null 

and void because it violated the state's constitution that 

guaranteed trial by jury under customary English Common Law. For the first time in American history a court 

asserted the concept of judicial review, including the 

right to declare laws passed by a legislature unconstitutional. The decision provoked a public outrage. Although Brearly, a famous veteran, clearly sympathized 

with the intent of the legislature, he decided in favor of 

the higher principle involved. His decision was cited in 

courts in other states and was incorporated into the 

Constitution of the United States. 

In 1787 the New Jersey legislature appointed Brearly 

to represent the state at the Constitutional Convention 

in Philadelphia. Although no orator, Brearly quickly 

won the respect of his fellow delegates for his legal wisdom and his willingness to work for essential compromises. In addition to his labor on the judicial provisions 

of the new instrument of government, he served as a 

spokesman for a group that sought to defend the rights 

of the small states. He also presided over the important 

Committee on Postponed Matters that developed many 

of the compromises needed to achieve final agreement. 

After signing the Constitution, he returned to New Jersey to preside over the state's ratification convention. 

Brearly served as a member of the first Electoral College, which chose his old commander, George Washington, President. At the start of his first administration, 

Washington nominated Brearly as federal district judge 

for New Jersey, but the noted jurist lived to serve just 

one year before his death shortly after his forty-fifth 

birthday. 

Brearly was willing to risk his life and reputation in 

the cause of the rule of law. He donned uniform, first as 

a citizen-soldier and later as a regular, because he sought 

to defend fundamental individual rights. This same dedication to the idea of basic rights continued in his later 

career when as a jurist he took a very unpopular stand 

so that the citizen's basic freedoms could be preserved, 

even when they carried short-term costs in efficiency to 

the state. His dedication to the concept of a supreme law 

to which all other laws must comply found its most 

noted expression in the Constitution he helped devise. 

75 
Pierce Butler, who represented South Carolina at the 

Constitutional Convention, was a man of startling contrasts. As late as 1772 he was a ranking officer in those 

British units charged with suppressing the growing colonial resistance to Parliament. In fact, a detachment from 

his unit, the 29th Regiment of Foot, had fired the shots 

in the "Boston Massacre" of 1770, thereby dramatically 

intensifying the confrontation between the colonies and 

England. But by 1779 Butler, now an officer in South 

Carolina's militia and a man with a price on his head, 

was organizing American forces to fight the invading 

Redcoats. Butler lost his considerable estates and fortune during the British occupation of South Carolina, 

but at the end of the Revolutionary War he was among 

the first to call for reconciliation with the Loyalists and a 

renewal of friendly relations with the former enemy. Although an aristocrat to the manor born, Butler became a 

leading spokesman for the frontiersmen and impoverished western settlers. Finally, this Patriot, always a 

forceful and eloquent advocate of the rights of the common man during the debate over the Constitution, was 

also the proud owner of a sizable number of slaves. 

The unifying force in this fascinating career was Butler's strong and enduring sense of nationalism. An Irish 

nobleman, he severed his ties with the old world to embrace the concept of a permanent union of the thirteen 

states. His own military and political experiences then 

led him to the conviction that a strong central government, as the bedrock of political and economic security, 

was essential to protect the rights not only of his own 

social class and adopted state but also of all classes of 

citizens and all the states. 

The Patriot 

Pierce Butler was the third son of Sir Richard Butler, 

the fifth Baronet of Cloughgrenan and a member of the 

Irish Parliament. 1raditionally British aristocrats directed younger sons into the military or the church, and 

Butler's father was no exception. In the honored fashion 

of the times, he bought his son a commission in the 22d 

Regiment of Foot (today's Cheshire Regiment). Butler 

demonstrated both military skill and the advantages of 

powerful and wealthy parents in his subsequent career in 

the British Army. His regiment came to North America 

in 1758 to participate in the French and Indian War and 

76 

served in the campaigns that resulted in the capture of 

Canada from the French. Butler later transferred to the 

29th Foot (today's Worcestershire and Sherwood Forresters Regiment), before returning to Ireland in 1762. 

The overwhelming success of the forces of the British 

Empire and its allies ended French territorial claims in 

North America and brought about profound changes in 

the nature of the mother country's relationship with its 

American colonies. To occupy Canada and other new 

lands won during the war, Parliament for the first time 

ordered the permanent stationing of large British garrisons in North America. Because the government had 

incurred heavy war debts, Parliament chose to support 

these troops by levying new taxes on the colonists. 

Americans generally disagreed with Parliament over the 

need for the garrisons, arguing that their local militias 

could handle the defense of the colonies. They also opposed the new taxes that began with the Stamp Act of 

1765. 

Butler's regiment was serving on garrison duty in 

Nova Scotia at the time, but he could not long escape 

becoming embroiled in the growing controversy. In 1768 

the intensity of protests over Parliament's taxes in Massachusetts led London to order the 29th Foot, along with 

a second infantry regiment, to Boston to maintain the 

King's peace. In 1771, the year after the "Massacre:• 

Butler, now a major, married Mary Middleton, the 

daughter of a wealthy South Carolina planter and colonial leader. Marriage led him to seek new directions, for 

when the 29th received orders to return to Great Britain 

in 1773, he decided to leave the army. He sold his commission and used the proceeds to purchase a plantation 

in the coastal region of South Carolina, adapting to the 

lifestyle of a southern landowner with apparent ease. 

Management skills learned in the military undoubtedly 

proved useful as he increased his land holdings to over 

10,000 acres. He also began to accumulate a small fleet 

of coastal vessels to support his expanding business ventures. 

When war broke out between Great Britain and the 

colonies in 1775, Butler joined several other former British officers (including the future generals Horatio Gates, 

Charles Lee, and Richard Montgomery) in casting his 

lot with the American cause. In Butler's case the success 

of his business interests as well as the important role 

played by the Middleton family in the Patriot movement 
in South Carolina clearly influenced his decision. Butler's father-in-law had been the president of the First 

Continental Congress, and a brother-in-Jaw would soon 

sign the Declaration of Independence. Butler himself 

lost little time in expressing his patriotic sentiments by 

standing for local election. He began his public service 

in 1776 when his neighbors elected him to a seat in the 

South Carolina legislature, a post that he continued to 

hold until 1789. 

The Soldier 

Although bad health prevented Butler from assuming 

an active combat role, he offered his military talents to 

his state, and in early 1779 Governor John Rutledge 

turned to the former Redcoat to help reorganize South 

Carolina's defenses. Butler assumed the post of the 

state's adjutant general, a position that carried the rank 

of brigadier general, although he continued to prefer to 

be addressed as major, his highest combat rank. 

The decision to reorganize South Carolina's defenses 

followed in the wake of a shift in Britain's war strategy. 

By 1778 the King and his ministers found themselves 

faced with a new military situation. Their forces in the 

PIERCE BUTLER 

South Carolina 

Birth: 11 July 1744, in County Carlow, Ireland 

Death: 15 February 1822, at Philadelphia, Pennsylvania 

Interment: Christ Churchyard, Philadelphia 

Miniature by unknown artist, unknown date; National Archives and Records Administration. 

northern and middle states had reached a stalemate with 

Washington's continentals, now more adequately supplied and better trained after Valley Forge. The British 

also faced the prospect of France's entering the war as an 

active partner of the Americans. In response, they 

adopted a "southern strategy." Assuming that the many 

Loyalists in the southern states would rally to the Crown 

if supported by regular troops, they planned a conquest 

of the rebellious colonies one at a time, moving north 

from Georgia. They launched their new strategy with the 

capture of Savannah in December 1778. 

Butler joined in the effort to mobilize South Carolina's citizen-soldiers to repulse the threatened British invasion and later helped prepare the state units used in 

the counterattack designed to drive the enemy from 

Georgia. During the operation, which climaxed with an 

attempted investiture of Savannah, Butler served as a 

volunteer aide to General Lachlan Mcintosh. The hastily raised and poorly prepared militia troops were no 

match for the well-trained British defenders, and the 

effort to relieve Savannah ended in failure. 

In 1780 the British captured Charleston, and with it 

most of South Carolina's civil government and military 

forces. Butler, as part of a command group deliberately 

77 
left outside the city, escaped. During the next two years 

he employed his considerable military talents in developing a counterstrategy to defeat the enemy's southern operations. He and his fellow South Carolinians, along 

with their neighbors in occupied portions of Georgia 

and North Carolina, refused to submit to London's demand that they surrender. Instead, they organized a resistance movement. Butler, as adjutant general, worked 

with former members of the militia and Continental 

Army veterans such as Francis Marion and Thomas 

Sumter to integrate their various partisan efforts into a 

unified campaign, in conjunction with the operations of 

the Southern Army under the command of Horatio 

Gates and later Nathanael Greene. 

These partisan tactics involved considerable expense 

and personal risk for Butler who, as a former Royal 

officer, remained a special target for the British occupation forces. Several times he barely avoided capture. 

Once, surprised by the sudden arrival of enemy dragoons in the middle of the night, he escaped by sneaking 

from his home dressed only in his nightshirt. On another 

occasion, a British regiment, repeatedly denounced by 

Butler for plundering civilian properties-he called it a 

"band of jailbirds"-placed a bounty on his head. 

Throughout the closing phases of the southern campaign he personally contributed cash and supplies to 

help sustain the American forces and also assisted in the 

administration of prisoner-of-war facilities. 

The Statesman 

Military operations in the latter months of the Revolution left Butler a poor man. Many of his plantations 

and ships were destroyed, and the international trade on 

which the majority of his income depended was in 

shambles. These economic realities forced him to travel 

to Europe when the war ended in an effort to secure 

loans and establish new markets. Betraying a singular 

tolerance for a foe who had caused him much personal 

harm, Butler took the occasion to enroll his son in a 

London school and to engage a new minister from 

among the British clergy for his church in South Carolina. In late 1785 he returned home, where he became an 

especially outspoken advocate of reconciliation with 

former Loyalists and equal representation for the residents of the backcountry. Testifying to his growing political influence, the South Carolina legislature asked 

Butler to represent the state at the Constitutional Convention that met in Philadelphia in 1787. 

Butler's experiences as a soldier and planter-legislator 

influenced his forceful support for a strong union of the 

states at the Convention. As a military leader during the 

campaigns in the south he had come to appreciate the 

need for a national approach to defense. As a planter 

78 

and merchant, especially after his trip to Europe, he 

came to understand that economic growth and international respect depended upon a strong central government. At the same time, he energetically supported the 

special interests of his region. 

This dual emphasis on national and state concerns 

puzzled his fellow delegates, just as other apparent incensistencies would bother associates throughout the 

rest of his political career. For example, Butler favored 

ratification of the Constitution, yet absented himself 

from the South Carolina convention that approved it. 

Later, he would serve three separate terms in the United 

States Senate, but this service was marked by several 

abrupt changes in party allegiance. Beginning as a Federalist, he switched to the Jeffersonian party in 1795, 

only to become a political independent in 1804. These 

changes confused the voters of his state, who rejected his 

subsequent bids for high public offices, although they 

did elect him three more times to the state legislature as 

an easterner who spoke on behalf of the west. 

Butler retired from politics in 1805 and spent much 

time in Philadelphia where he had previously established 

a summer home. He continued his business ventures, 

becoming one of the wealthiest men in America with 

huge land holdings in several states. Like other Founding Fathers from his region, Butler also continued to 

support the institution of slavery. But unlike Washington 

or Thomas Jefferson, for example, Butler never acknowledged or grasped the fundamental inconsistency 

in simultaneously defending the rights of the poor and 

supporting slavery. 

The contradictions in this fascinating man led associates to label him an "eccentric" and an "enigma." 

Within his own lights, however, he followed a steady 

path along lines which were intended to produce the 

maximum of liberty and respect for those individuals 

whom he classed as citizens. His later political maneuverings were animated by his desire to maintain a strong 

central government, but a government that could never 

ride roughshod over the rights of the private citizen. He 

opposed the policies of the Federalists under Alexander 

Hamilton because he decided that they had sacrificed 

the interests of westerners and had sought to force their 

policies on the opposition; he later split with Jefferson 

and the Democrats for the same reason. Butler never 

wavered from his central emphasis on the role of the 

common man. Late in life he summarized his view: 

"Our System is little better than [a] matter of Experiment, ... much must depend on the morals and manners of the people at large." This was certainly an 

interesting view, coming as it did from a former member 

of the British hereditary aristocracy. 
Jonathan Dayton, who represented New Jersey at the 

Constitutional Convention, believed that government 

should defend individual freedoms, but within the 

framework of an established social hierarchy. He held to 

this traditional concept of government well into the 

nineteenth century. Even when the social distinctions 

that had guided the leaders of the Revolutionary generation had long faded, he retained the manners, customs, 

and political philosophy of his youth. His insistence on 

the old ways won him the title "the last of the cocked 

hats." But if Dayton insisted on outmoded social distinctions, he also possessed a healthy political realism 

that contributed in full measure to the creation of the 

new American republic. 

Dayton's practical approach to government evolved 

out of his experiences as a unit commander during the 

Revolution. Eight years' service in the Continental Army 

providea him with first hand evidence of the consequences of weak political leadership. He became convinced that a strong central government was needed to 

guide and protect the new nation, and was in fact the 

only means by which organizations essential to future 

prosperity- including a professional army- could operate efficiently while remaining securely under the people's control. He also realized that the rights of small 

states like New Jersey needed special protection, and 

that a powerful government, grounded in law, provided 

the best guarantee of such protection. 

The Patriot 

Dayton was born in Elizabethtown (now Elizabeth), 

the focal point of "East Jersey:• as the northern part of 

the colony was commonly known. The town traditionally supplied a major portion of the colony's leaders. 

Dayton's father, Elias, for example, was a militia officer 

in the French and Indian War who returned home to 

prosper as a merchant and colonial official. Dayton was 

clearly influenced by his family's position in the community and his father's ideas about government. Both men, 

like most Americans of their day, believed that the average citizen should defer to the views of his "betters:• 

while prominent citizens, those with the largest stake in 

society, had an obligation to lead the community, sacrificing their own interests if necessary for the common 

good. These beliefs moved the family by natural steps 

into local leadership of the Patriot cause. 

Elizabethtown had a reputation for educational excellence. The local academy, which prepared young men 

for college with a classical liberal arts curriculum, emerged in the decade and a half prior to the Revolution as 

one of the leading schools in the colonies under the 

famous educator Thpping Reeve and his protege, Francis 

Barber. After graduating from Reeve's school, where two 

of his schoolmates were Alexander Hamilton and Aaron 

Burr, Dayton attended the nearby College of New Jersey 

(today's Princeton University). 

In late 1774 the First Continental Congress called on 

the colonies to resist Parliament's recent tax policy by 

joining in an association to boycott goods imported 

from the mother country. Both Daytons served on Elizabethtown's enforcement committee and quickly allied 

themselves with the local Revolutionary movement. 

When New Jersey turned irrevocably against Royal Governor William Franklin in 1775, the state's Provincial 

Congress, an extralegal legislative body established by 

the Patriots, set about raising regular troops and reorganizing the militia. It chose the senior Dayton to lead 

the 3d New Jersey Regiment. The new commander 

promptly arranged for his fifteen-year-old son, then in 

the midst of his final year in college, to join the unit as 

an ensign. Although Dayton was absent with the regiment for the entire war, he still received his diploma with 

the rest of his class. Later, Princeton granted its distinguished son an honorary Doctor of Laws degree. 

The Soldier 

The colonel and the ensign marched off with their 

regiment in the spring of 1776 to support the Patriot 

army invading Canada. Buffeted by a reinforced enemy 

and a serious outbreak of smallpox, the American force 

had already begun to disintegrate, and the fresh troops 

from New Jersey were diverted to the Mohawk Valley 

region of upstate New York to prevent an insurrection by 

Loyalists and Indians. The regiment spent the rest of the 

campaign on detached duty along the frontier, constructing Forts Schuyler (later Stanwix) and Dayton. 

These defensive strongpoints remained centers for the 

protection of Patriots in this important grain-producing 

region throughout the rest of the war. 

In early 1777, the 3d New Jersey returned home to 

79 
reorganize. Dayton, now a lieutenant, soon found himself engaged in the heavy skirmishing that took place 

between Washington's main army and British forces 

threatening Philadelphia, the American capital. When 

General Sir William Howe decided instead on a flank 

attack by sea, Dayton's 3d New Jersey accompanied 

Washington in a rapid march to Pennsylvania and saw 

action in the subsequent battles at Brandywine Creek 

and Germantown. 

Philadelphia fell to the British in October 1777. While 

Howe's men enjoyed the comfort of winter quarters, 

Washington's continentals passed through the trial of 

Valley Forge. The Daytons endured the cold and hunger, 

but more importantly, they also received superb training 

under Frederick von Steuben. In June, when the British 

retreated across New Jersey to the safety of New York 

City, the 3d New Jersey played an important role in the 

Continental Army's pursuit. Knowledge of the terrain, 

plus an excellent combat record, ensured that the regiment was in the heart of the fighting near Monmouth 

Court House, when the well-trained American regulars 

caught up with their British and Hessian opponents. 

Although the battle ended in a draw, the continentals 

finally proved themselves capable of standing toe-to-toe 

80 

JONATHAN DAYTON 

New Jersey 

Birth: 16 October 1760, at Elizabethtown (now 

Elizabeth), New Jersey 

Death: 9 October 1824, at "Boxwood Hall:' Elizabethtown, New Jersey 

Interment: St. John's Episcopal Church Cemetery, 

Elizabeth, New Jersey 

Engraving, by Charles B. J. Fevret de Saint-Memio (1798); National Portrait Gallery, Smithsonian Institution, Washington, 

D.C. 

with the enemy in a formal European-style battle. 

While Washington maintained his main force in a cordon stretching from New Jersey to Connecticut, the 

British shifted their attention to the southern states. The 

3d New Jersey remained near home, forming part of 

Washington's line that separated the British garrison in 

New York City from the region's farms and towns. In 

1779 the New Jersey unit returned to the Mohawk VaUey 

as part of Major General John Sullivan's effort to relieve 

enemy pressure on New York's frontier farmers. Here 

the continentals, supplemented by local militiamen, 

demonstrated their capacity for operating successfully in 

a wilderness, before rejoining Washington around New 

York City. Dayton's service as the commanding general's 

aide during this campaign gave him a new appreciation 

for the importance of organization and discipline and 

led him to recognize the frontier's economic potential. 

By 1780 skirmishes between Loyalists and Patriots 

had reduced New Jersey to a state of civil war pitting 

neighbor against neighbor. In October Dayton and his 

uncle, Lieutenant Colonel Matthias Ogden, were captured by a Loyalist raiding party led by Elizabethtown 

Tories. The two spent the winter as prisoners in New 

York; when they were finally released in the new year, 
they returned to duty with a reorganized New Jersey 

Brigade. The unit consisted of two regiments under 

Colonel Elias Dayton (soon to be promoted to brigadier 

general). The younger Dayton, promoted to captain, 

transferred to the 2d New Jersey and took his company 

to Virginia in the fall of 1781 when Washington's main 

army converged for the decisive Yorktown campaign. 

During the siege, he led his company in the crucial 

nighttime bayonet attack on Redoubt 10, under the command of his old schoolmate Alexander Hamilton and 

their teacher Lieutenant Colonel Francis Barber. 

After the British surrendered, the main army returned 

to the New York area. The Daytons remained in service 

near their homes until the Continental Army was discharged in 1783. 

The Statesman 

Dayton came home from the war to assume important 

responsibilities in the family's mercantile business and to 

study law. Although a political neophyte, his prominence in the community, his war record, and his father's 

influential connections led quickly to a role in state government. When his father left to represent New Jersey in 

the Continental Congress, Dayton stepped up to represent Elizabethtown in the legislature. When New Jersey 

was selecting delegates to the Constitutional Convention 

in Philadelphia in 1787, it again turned to Elias Dayton, 

but the old general declined the appointment in favor of 

his son. 

As one of the youngest members of the Convention, 

Dayton prudently maintained a low profile as the delegates set out to devise a new system of government. He 

limited his participation to supporting the initiatives 

proposed by the senior delegates from New Jersey, who 

concentrated on securing guarantees for the rights of the 

smaller states. In the end Dayton was part of the group 

that devised a federal approach to national government, 

creating an Electoral College to select the President and 

a legislature of two houses: a Senate that gave equal 

voice to the separate states, and a House of Representatives that, based on population, more closely reflected 

the views of the citizens. 

Dayton's performance in Philadelphia enhanced his 

political reputation at home. The New Jersey legislature 

promptly elected him to the closing session of the Continental Congress. Following this brief assignment he returned to serve as speaker of the lower house of the state 

legislature, and, in 1791, to begin the first of four terms 

in the House of Representatives. 

Legislative skills honed at the state level allowed Dayton to play a leading role in national government. Personal ties with Federalist leaders developed during the 

war led Dayton naturally to that political party. He 

worked closely with Hamilton, his former schoolmate, 

on financial policy. He also was instrumental in organizing Congress' response to the threat posed by the 1794 

Whiskey Rebellion, and he marshaled the votes needed 

to approve the Jay Treaty that settled with Britain issues 

left over from the Revolution. He spent his last four 

years in Congress as Speaker of the House. There his 

constant support for a strong standing army, but one 

clearly responsible to the people through congressional 

appropriations and review, led President John Adams to 

nominate him for an important position in the force 

hastily organized during the 1798-1800 "Quasi-War" 

with France. Dayton declined appointment as commanding officer of the Corps of Artillerists and Engineers, preferring to remain in Congress. Beginning in 

1799 he served a single term in the United States Senate, 

part of the moderate segment of the Federalist party. His 

pragmatic approach allowed him, for example, to cross 

party lines and support President Thomas Jefferson's 

purchase of the Louisiana Territory. 

Dayton's interests in the west, first stimulated during 

the 1779 Sullivan Expedition, contributed to his political 

demise. He had invested heavily in land speculation in 

the Ohio region, owning claims to nearly a quarter of a 

million acres (a town in Ohio would be named for him). 

This involvement led him to loan money to his other old 

classmate, Aaron Burr. When illegal activities by Burr 

were unveiled in 1807, Dayton also fell under suspicion. 

Although exonerated by a grand jury, Dayton suffered 

from a guilt by association that effectively ended his 

political career. He served once again briefly in the New 

Jersey legislature, but he largely confined his activities 

during his remaining years to business and farming. 

Dayton exemplifies the best in the Revolutionary generation's philosophy of political deference. Like Washington, he enjoyed describing himself as a "simple 

farmer:' but like the Virginia aristocrat, he enjoyed the 

benefits of a family with strong political and financial 

connections. He prospered from this arrangement, but 

he also willingly accepted the obligation to serve his 

fellow citizens. To that end he risked his life and fortune 

on the battlefield and his reputation in the political 

arena. 

81 
John Dickinson represented both Delaware and Pennsylvania at the founding of the republic. A man of the 

Enlightenment, he believed that government was a solemn social contract between the people and their sovereign. Like most colonial leaders, Dickinson considered 

himself an Englishman with all the ancient rights and 

privileges such citizenship conferred, and he was quick 

to oppose any abridgment of those rights by Parliament. 

But when others carried such opposition to the point of 

rebellion with the Declaration of Independence, Dickinson refused to sign. His reasoning set him apart from 

most of his colleagues. He understood the contract to be 

with the King, not with Parliament, and to be mutual as 

well as permanent. He hoped that an appeal to reason 

might remind the King of that contractual obligation to 

his American subjects and thereby restore good relations. Only when King George publicly sided with his 

ministers and ordered a Royal army to New York did 

Dickinson consider the social contract dissolved. Although he refused to sign the Declaration, Dickinson 

was among the first to don uniform to defend the new 

nation. 

The Patriot 

Dickinson's view of government evolved naturally. 

Born into a family of wealth and privilege, he elected to 

follow his father, a judge in the Delaware courts, into 

the law. He began his training in Philadelphia and then 

spent four years studying at the Inns of Court in London. His time there provided the young colonial with an 

opportunity to hear the leading legal minds of the day 

argue the fine points of Enlightenment philosophy and 

the rights of English citizens. Returning in 1757 to practice law in Philadelphia, Dickinson through industry 

and ability quickly earned a reputation as one of America's finest lawyers. His interest in politics grew apace. In 

1760 he was elected to the Delaware legislature. During 

the next fifteen years he would serve both in that body 

and in the Pennsylvania legislature, a dual service made 

possible because of his property holdings and residency 

in both colonies. 

Dickinson's entry into politics coincided with the rise 

of colonial opposition to the government in London. In 

debt from the Seven Years War and obliged to maintain 

an army in America, Parliament now ended a century of 

82 

"salutary neglect" in regard to the financial and political 

affairs of the colonies by instituting measures to raise 

revenue and provide for the quartering of British troops. 

One of these Parliamentary measures, the Stamp Act of 

1765, was the first attempt to impose a direct tax on the 

colonies, and it provoked a strong and united opposition. Jealous of the rights and privileges of their own 

legislatures, the colonies retaliated by refusing to pay the 

tax and by boycotting English goods. 

Dickinson played a major but restraining role in this 

opposition. Sympathetic to colonial complaints, he nevertheless sought to avoid violence. He urged Americans 

to rely primarily on economic pressure, and he enlisted 

the help of the powerful British merchants in the colonists' cause. His diplomatic approach coupled with his 

commitment to the colonial side led the Pennsylvania 

legislature to appoint him to represent the colony at the 

Stamp Act Congress in 1765. There he eloquently defended the proposition that reconciliation was possible 

if King and Parliament could be brought to see colonial 

opposition as an expression of the time-honored English 

principles of political liberty. His arguments were encapsulated in his Letters from a Farmer in Pennsylvania, a 

series of essays that gained its author international recognition as a man of reason and principle. 

Later Dickinson organized Philadelphia's protest over 

the Coercive Acts, a series of political and economic 

measures that Parliament enacted in 1774 to demonstrate its control over the colonies, but which the Americans interpreted as a blow to their liberties. In keeping 

with his support of the colonial protest movement, 

Dickinson also figured prominently in the convening of 

the Continental Congress. Elected to that assembly, he 

played a critical role', drafting two key documents: a 

petition for redress of grievances, and a message urging 

the inhabitants of Canada to join the thirteen colonies 

in opposition. He returned to serve in the Second Continental Congress, but after the clashes at Lexington and 

Concord changed the attitudes of many members, Dickinson's continuing stand for reconciliation cast him in 

the role of a conservative when compared to such firebrands as John Adams and Benjamin Franklin. In July 

1775 he drafted Congress' last attempt at compromise, 

the "Olive Branch Petition." Against ever-increasing 

odds, Dickinson continued into July 1776 to work for 

one further appeal to King George. But bowing to what 
had become inevitable, he absented himself on July 4 so 

that the vote for independence could be unanimous. 

The Soldier 

Dickinson saw no contradiction in his decision to volunteer immediately for militia service. In his "Declaration of Causes for Thking Up Arms:' he actively 

supported the right of free citizens to defend themselves 

from direct attack, and he preached the concept of military preparedness to his fellow Pennsylvanians. Since 

June 1775 he had been chairman of Pennsylvania's 

Committee of Safety and Defense. He also had organized the first battalion of troops raised in Philadelphia, 

the so-called Associators (today's lllth Infantry, Pennsylvania Army National Guard). Lacking a militia organization, Pennsylvania traditionally had relied on 

volunteer units such as Dickinson's Associators for military support. When a large British invasion force appeared in New York harbor in July 1776, Pennsylvania 

called the Associators into active duty as a part of the 

general mobilization of militia to defend New York City, 

and Dickinson absented himself from Congress to assume command. His unit was assigned to the Flying 

JOHN DICKINSON 

Delaware 

Birth: 19 November 1732, at "Crosiadore:' Talbot 

County, Maryland 

Death: 14 February 1808, at Wilmington, Delaware 

Interment: Friends Burial Ground, Wilmington, 

Delaware 

Oil on canvas, by Charles Willson Peale (1780); Independence 

National Historical Park. 

Camp, a mobile reserve that provided Washington with 

some 10,000 men who could be called forward to join 

the continentals holding New York City. Dickinson commanded a major garrison point at Elizabeth, New Jersey, in the defense against any attempt by British forces 

on Staten Island to cross the New Jersey countryside to 

attack Philadelphia. 

Thrned out of Congress after refusing to sign the Declaration, Dickinson resigned his commission in the Associators and retired to his home in Delaware. During 

the summer of 1777, however, he once more enlisted for 

active duty, this time to serve as a private in Captain 

Stephen Lewis' company of Delaware volunteers. The 

mobilization of Delaware units was in response to the 

appearance of a British force under General Sir William 

Howe at Elkton, Maryland, at the headwaters of the 

Chesapeake Bay. From there Howe planned to attack 

Philadelphia, the American capital. General Washington's hastily organized defense called for the mobilization of Delaware's militia under the command of 

General Caesar Rodney; its mission was to maintain a 

sector of the cordon thrown up between the approaching 

British and the capital by combined troops from the 

middle states. Rodney's units were also expected to delay 

83 
any possible British drive south toward Baltimore until 

Washington's continentals could arrive on the scene. 

During the defensive action, Dickinson's company 

guarded the approaches to the Brandywine River. His 

unit, along with the rest of Delaware's forces, returned 

home after the British retired from the area, but Dickinson continued as a part-time soldier. In October 1777 

General Rodney issued him a commission as a brigadier 

general of militia. His resignation the following year 

would usher in his later political career, which began 

when Delaware appointed him to serve in the Continental Congress from 1779 to 1781. 

The Statesman 

During that term Dickinson signed the Articles of 

Confederation, which he had drafted while representing 

Pennsylvania in the Congress in 1776. Like most Americans, he had assumed at first that the political and economic liberties being defended on the battlefield could 

best be preserved by state governments and military 

forces created by state governments. In adopting the Articles after much debate, Congress thereby endorsed his 

plan for a limited national organization of independent 

and sovereign states. 

Military and political experiences during the course of 

the war, however, served to modify Dickinson's views, 

and the once strong proponent of a loose confederation 

of states was gradually transformed into a leader of the 

cause of strong central government. Dickinson's active 

duty had demonstrated to this observant citizen-soldier 

that the country needed a strong national defense, but 

that dependency on temporary and often inexperienced 

state units imposed many limitations. Later service as 

governor of both Delaware and Pennsylvania in the 

early 1780s reinforced his growing belief that many 

problems rising at the local level could be resolved only 

by national action. His executive experience also convinced him that the citizen's basic rights were best safeguarded by a national government that represented all 

the citizens. 

Setting aside his wish to retire, Dickinson accepted 

Delaware's call to represent it at a convention in Annapolis in 1786 to discuss economic problems affecting Delaware and its neighboring states. There he supported the 

idea of creating a new national government, and in 1787 

he went on to represent Delaware at the Philadelphia 

Convention, where his experience and skills made a significant contribution to the foundation of the new republic. In particular, Dickinson was a major architect of 

the Great Compromise that reconciled the differences 

among delegates over representation in the new government. Designed to protect the rights of both the small 

and more populous states, the compromise called for a 

84 

national legislature that gave equal voice to all thirteen 

states in a Senate composed of two representatives from 

each, but which respected the rights of the majority in a 

House of Representatives based on population. The 

Great Compromise ushered in a series of other compromises on lesser subjects and was critical to the final 

approval of the Constitution. Ironically, Dickinson 

again failed to sign one of history's most important documents. This time illness, not a lack of ardent support, 

was the cause; his name was penned to the new instrument of government by a colleague. 

Before finally retiring to the pleasures of his library 

and estates, Dickinson made one last contribution to the 

nation. Signing himself "Fabius:• he again addressed a 

series of open letters to his fellow citizens, this time in 

defense of the new Constitution. His concern for liberty 

was at the heart of his arguments. "The power of the 

people pervading the proposed system, together with the 

strong confederation of the states:• he contended, 

"forms an adequate security against every danger that 

has been apprehended." With compelling examples 

drawn from history and the Enlightenment philosophers, Dickinson explained how the Constitution's system of checks and balances- among the branches of 

government and between the new government and the 

individual states- would safeguard the civil rights of the 

people while it promoted the liberty of the nation. 

His reasoned appeal bore fruit. In December 1787 

Delaware became the first state to ratify the Constitution. 
William Few, who represented Georgia at the Constitutional Convention, was a self-made man. Born into a 

family struggling against the poverty and hardships that 

were the common lot of the small yeoman farmer, Few 

achieved both social prominence and political power. 

Exhibiting those characteristics of self-reliance vital for 

survival on the American frontier, he became an intimate of the nation's political and military elite. The idea 

of a rude frontiersman providing the democratic leaven 

within an association of the rich and powerful has always excited the American imagination, nurtured on 

stories of Davy Crockett and Abe Lincoln. In the case of 

the self-educated Few, that image was largely accurate. 

Few's inherent gifts for leadership and organization, 

as well as his sense of public service, were brought out by 

his experience in the Revolutionary War. Important in 

any theater of military operations, leadership and organizational ability were particularly needed in the campaigns in the south where a dangerous and protracted 

struggle against a determined British invader intimately 

touched the lives of many settlers. Few's dedication to 

the common good and his natural military acumen 

quickly brought him to the attention of the leaders of 

the Patriot cause, who eventually invested him with important political responsibilities as well. 

The war also profoundly affected Few's attitude toward 

the political future of the new nation, transforming the 

rugged frontier individualist into a forceful exponent of a 

permanent union of the states. Men of his stripe came to 

realize during the years of military conflict that the rights 

of the individual, so jealously prized on the frontier, 

could be nurtured and protected only by a strong central 

government accountable to the people. This belief became the hallmark of his long public service. 

The Patriot 

The Few family might well serve as the prototype of 

those mobile Americans forever seeking better times 

down the road. Descendents of Quaker farmers who 

emigrated to Pennsylvania in the 1680s, the Fews lived in 

northern Maryland, where they eked out a modest living 

raising tobacco on small holdings. When a series of 

droughts struck the region in the 1750s, the Fews and 

their neighbors-actually a sort of extended family consisting of cousins and distant relations-found themselves on the brink of ruin. The whole community decided to abandon its farms and try its luck among the 

more fertile lands on the southern frontier. 

The group ultimately selected new homesites along 

the banks of the Eno River in Orange County, North 

Carolina. Here young Few developed the skills expected 

of the eighteenth-century farmer. Such a life left little 

time for formal schooling, although the community 

hired an itinerant teacher for a brief time in the 1760s. 

From this experience Few obtained a rudimentary education that led to a lifelong love of reading. Essentially a 

self-educated man, Few also found time to read law and 

qualify as an attorney despite a full-time commitment to 

the unrelenting demands of agricultural toil. 

In time the Few family achieved a measure of prosperity, emerging as political leaders in rural Orange County. 

Like many other western settlers, however, the family 

became involved with the Regulators, a populist movement that grew up in reaction to the political and economic restrictions imposed on the frontier farmers by 

the merchants and planters of the tidewater area. By 

1771 protest had become confrontation, and a large 

group of mostly unarmed westerners gathered to clash 

with North Carolina militia units at the "battle" of the 

Alamance. The uneven fight ended in total victory for 

the militia, although most of the frontiersmen's demands for political representation and economic relief 

eventually would be met by the state legislature. More 

immediately, one of Few's brothers was hanged for his 

part in the uprising. The rest of the family fled to western Georgia, leaving Few behind to settle their affairs 

and sell their property. 

These antagonisms within North Carolina began to 

evaporate as American opinion turned against the imperial measures instituted by Great Britain in the 1770s. 

Both the eastern planters and the new settlers found 

repressive new taxes and restrictions on western expansion at odds with their idea of self-government, and 

Patriot leaders were able to unite the state against what 

they could portray as a threat to the liberties of all parties. By the time open warfare erupted in Massachusetts 

in 1775, North Carolina had begun to revitalize its militia formations, hastily training them in the linear tactics 

used by British regulars as well as in the techniques of 

frontier warfare employed by their traditional Indian 

foes. 

85 
Few participated in this training as one of the first 

men to enlist in the volunteer militia company formed by 

Patriot leaders in Hillsborough. Typically, Few's unit received its tactical instruction from a veteran of the colonial wars, in this case a former corporal in the British 

Army who was hired by the company as its drill sergeant. Citing the press of family business, Few rejected 

the offer of a captaincy in one of the first units North 

Carolina raised for the Continental Army in the summer 

of 1775. But when he finally settled the family's accounts the next year and joined his relatives in Augusta, 

Georgia, where he opened a law office, he quickly 

placed his newly acquired military knowledge at the 

service of the Patriot cause in his new state. 

The Soldier 

Georgia organized its citizen-soldiers on a geographical basis, forming local companies into a regiment in 

each county. Few joined the Richmond County Regiment, which his older brother commanded. For the next 

two years Few's military duties consisted of attending 

military assemblies where he instructed his friends and 

neighbors in the skills he had acquired in the North 

86 

WILLIAM FEW 

Georgia 

Birth: 8 June 1748, in Baltimore County, Maryland 

Death: 16 July 1828, at Beacon-on-Hudson, New 

York 

Interment: St. Paul's Church, Augusta, Georgia 

Oil on canvas, attributed to James Sharples, Sr. (no date); 

Independence National Historical Park. 

Carolina militia. Only in 1778, when Georgia faced the 

threat of invasion by a force of Loyalist militia and British regulars based in Florida, was Few finally called to 

active duty. 

The Georgians' first military campaign ended in disaster. A force of state and Continental units successfully 

combined to repulse an enemy raid on Sunbury near the 

state's southeastern border, but a counterattack orchestrated by Major General Robert Howe of the Continental Army and Governor John Houston bogged down 

before the Patriots could reach St. Augustine. Few, now 

in command of a company of Georgia militia, watched 

the collapse of the campaign's logistical support and 

then the disintegration of the force itself, as senior officers bickered among themselves and as disease began to 

decimate the units. Only half of the American soldiers 

survived to return home. At the end of the year a sudden 

amphibious invasion by British forces resulted in the 

capture of Savannah and the destruction of the rest of 

the Continental units under Howe and most of the eastern militia formations. Armed resistance to the British 

continued in the western part of the state, led by the 

Richmond County Regiment. Throughout 1779 the regiment, with Few now second in command, frequently 
turned out to skirmish with probing British units, eventually forcing the enemy to abandon Augusta, which the 

British had captured soon after the fall of Savannah. 

The success of the citizen-soldiers in defending their 

own homes began to reverse the fortunes of war in Georgia, prompting the new Continental commander in the 

region, Major General Benjamin Lincoln, to take the 

offensive. Lincoln combined his continentals and militia 

units from Georgia and South Carolina with a French 

force newly arrived from the Caribbean to lay siege to 

Savannah. He immediately encountered difficulty, however, in coordinating the efforts of his .diverse forces. 

The French, under pressure to terminate operations 

quickly in order to move on to other assignments, persuaded Lincoln to launch a full frontal attack. The 

result was a bloody defeat, but Few's militiamen participated in a successful rear-guard action that shielded the 

retreat of the American units. In the aftermath of the 

battle his regiment was posted to the frontier where the 

Creek Indians, interpreting the defeat before Savannah 

as proof of the Georgians' weakness, had taken to the 

field in support of British forces. 

Enemy operations in Georgia in 1779 were part of a 

new "southern strategy" by which the British planned to 

use the state as a base for conquering the rebellious colonies in a sweep up from the south. Few's military service 

in the later years of the war proved critical both in frustrating this strategy and in enhancing his credentials as a 

state leader. The western forces, in which Few's regiment 

played a prominent role, kept the British from consolidating their position. The area never developed into a secure 

Loyalist base, and British troops needed for subsequent 

operations against the Carolinas and Virginia had to be 

diverted to counter the threat posed by the frontier militia 

units. Few emerged as a gifted administrator and logistician in this demanding and difficult effort to maintain a 

viable military force in Georgia. He also turned into a 

bold, innovative partisan commander. Experience and innate common sense enabled him to develop patience, preserve his forces for key attacks, and then pick his time and 

place to defeat small enemy parties without unduly risking the safety of his men. Most important, he displayed 

the raw physical stamina required to survive the serious 

hardships of guerrilla warfare. 

The Statesman 

Military success went hand in hand with political 

service. During the late 1770s Few also won election to 

the Georgia Assembly, sat on the state's Executive Council, acted as state surveyor-general, represented Georgia 

in negotiations with the Indians that succeeded in minimizing the danger of frontier attacks, and served as 

Richmond County's senior magistrate. Few's growing 

political prominence and undisputed talent for leadership prompted the state legislature in 1780 to appoint 

him to represent Georgia in the Continental Congress. 

Few served in Congress less than a year when, in the 

wake of General Nathanael Greene's successful effort to 

drive the British out of most of Georgia, Congress sent 

him home to help reassemble Georgia's scattered government. This task accomplished, Few returned to Congress in 1782, where he remained to serve throughout 

most of the decade. While a member of that body, Few 

was asked by his state to serve concurrently in the Constitutional Convention that met in Philadelphia in 1787. 

This dual responsibility caused him to split his time between the two bodies and therefore to miss portions of 

the constitutional proceedings. Nevertheless, Few firmly 

supported the effort to create a strong national union 

and worked hard to secure the Continental Congress' 

approval of the new instrument of government. He also 

participated in the Georgia convention in 1788 that ratified the document. 

Georgia promptly selected Few to serve as one of its 

original United States senators. Planning to retire from 

politics at the expiration of his term in 1793, he bowed 

instead to the wishes of his neighbors and served yet 

another term in the state legislature. In 1796 the Georgia 

Assembly appointed him as a circuit court judge. During this three-year appointment he not only consolidated 

his reputation as a practical, fair jurist but became a 

prominent supporter of public education. His efforts to 

establish a state university indicated the importance this 

self-educated man gave to formal instruction. 

At the urging of his wife, a native New Yorker, Few 

left Georgia in 1799 and moved to Manhattan. There, he 

embarked on yet another career of public service, while 

supporting his family through banking and the occasional practice of law. His new neighbors promptly 

elected him to represent them in the state legislature and 

later as a city alderman. He also served for nine years as 

New York's inspector of prisons and one year as a federal commissioner of loans before finally retiring to his 

country home in Dutchess County, New York. 

Few's career clearly demonstrates the potential for economic and social advancement that existed for men of 

ability in colonial society. More importantly, it revealed 

the willingness, common among many of these selfmade men, to place their talents at the service of the 

nation in war and in peace. 

87 
Thomas Fitzsimons, who represented Pennsylvania in 

the Constitutional Convention, viewed government as a 

logical extension of the relationship that existed among 

families, ethnic communities, and business groups. His 

own immigrant family, Philadelphia's Irish-Catholic 

community, and the city's fraternity of merchants all 

figured prominently in Fitzsimons' rise to wealth and 

status, and he sought a government strong enough to 

protect and foster the natural interplay of these elements 

in a healthy society. 

Experiences in the Revolution reinforced Fitzsimons' 

nationalist sympathies. Like many immigrants, he demonstrated his devotion to his adopted land by springing 

to its defense. Participation at the battle of Trenton and 

the later defense of Philadelphia convinced him of the 

need for central control of the nation's military forces. 

Similarly, his wartime association with Robert Morris 

and the other fiscal architects of the nation convinced 

him that an effective national government was essential 

for the prosperity of the country. Though his talents 

brought him great wealth, Fitzsimons never lost sight of 

the aspirations and concerns of the common people. He 

retained their respect and affection because his career 

reflected not only a sense of civic duty but also a profound honesty. He judged each political issue on ethical 

grounds. "I conceive it to be a duty;• he said, "to contend for what is right, be the issue as it may." Using this 

standard, he concluded with justifiable pride that the 

Constitution he helped devise was a "treasure to posterity." 

The Patriot 

Fitzsimons' family came to Philadelphia from Ireland 

in the mid-1750s. His father died soon after settling in 

the New World, but not before providing an adequate 

education for his five children. Both Thomas and his 

twin sister Ann married into the city's growing community of Irish merchants. In 1763 Thomas went into business with his new brother-in-law, George Meade (the 

grandfather of the Civil War general), specializing in 

trade with the West Indies. 

The new firm's emergence coincided with Parliament's attempt to restructure the British Empire in the 

aftermath of the Seven Years War. Old laws designed to 

regulate commerce were supplemented by new revenue 

88 

measures such as a Stamp Act in 1765 to fund troops 

stationed in the colonies. Merchants felt the burden directly and emerged as leaders of the resulting storm of 

protest. When Parliament reacted to the 1773 Boston 

Tha Party with punitive measures, which the Americans 

called the Coercive Acts, Philadelphia merchants, including the partners in the prosperous George Meade & 

Co., were infuriated. They felt that if British warships 

could close the port of Boston, no city in America was 

truly safe. 

Such economic concerns thrust the young Fitzsimons 

into politics and the Patriot cause. In 1771 the city's 

merchants and tradesmen of Irish heritage had elected 

him as the first vice president of the Friendly Sons of St. 

Patrick, a politically powerful fraternal association. 

Popular respect for his political judgment and economic 

acumen led in 1774 to his election to a steering committee organized to direct the protest over the Coercive Acts 

and to the city's Committee of Correspondence, the Patriots' shadow government. In choosing him for these 

posts, the voters ignored a law that barred Catholics 

from elective office. Fitzsimons went on to represent the 

city in a special colony-wide convention held to discuss 

the crisis. Its deliberations led Pennsylvania to issue a 

call for a meeting of all the colonies-the First Continental Congress, which met in Philadelphia in September 1774. 

The Soldier 

Pennsylvania's Quaker pacifist traditions had resulted 

in a unique military situation on the eve of the Revolution. Lacking a militia, the local Patriots had to organize a military force from the ground up by forming 

volunteer units, called Associators. Thanks to his wealth 

and wide-ranging connections in the community, Fitzsimons contributed significantly to this speedy mobilization. When Philadelphia's contingent of infantry 

(today's lllth Infantry, Pennsylvania Army National 

Guard) was organized, Fitzsimons, as a captain, raised 

and commanded a company in Colonel John Cadwalader's 3d Battalion. 

During the summer of 1776 these citizen-soldiers 

faced their first crisis. A large British army, supported 

by the Royal Navy, attacked New York City, and Congress asked the nearby states to reinforce Washington's 
outnumbered Continental Army regulars. Pennsylvania 

sent the Associators to the Flying Camp, a mobile reserve stationed in northern New Jersey to prevent any 

sudden diversion of Redcoats toward Phildelphia, the 

national capital. Fitzsimons' company served in the cordon of outposts that under Colonel John Dickinson 

guarded the New Jersey shoreline. Although a month of 

active duty passed without incident, the assignment provided Fitzsimons valuable time in which to train his 

men. 

In November, with New York secured, the British suddenJy invaded New Jersey. This move caught the Americans with their forces geographically divided and badly 

outnumbered. While Washington began a slow withdrawal of his main force to safe positions on the Pennsylvania side of the Delaware River, Congress again 

called on the state for reinforcements. Fitzsimons' company went on duty on 5 December to cover the continentals' retreat. For the remainder of the month it guarded 

the river's Pennsylvania shore. Complaining in his diary 

of the hardships the company was enduring in the bitter 

cold of that famous winter campaign, a company sergeant noted that Captain Fitzsimons was "very kind to 

our men." Concern for the well-being of others, a hallTHOMAS FITZSIMONS 

Pennsylvania 

Birth: In 1741, in Ireland (exact date and place 

unknown) 

Death: 26 August 1811, at Philadelphia, Pennsylvania 

Interment: St. Mary's Roman Catholic Church 

Cemetery, Philadelphia, Pennsylvania 

Pen and ink drawing, by Marshall Williams, a fter ca. 1802 oil. 

Documentary evidence indicates che oil is a likeness of Fitzsimons painted by Gilbert Scuart. 

mark of Fitzsimons' military career that echoed through 

his later life, formed the basis of his broad political 

appeal. 

Aware that a symbolic victory was needed to bolster 

civilian morale, Washington launched a counterattack 

on Christmas night. He chose lrenton, the winter quarters for a Hessian brigade, as his target. Plans called for 

a three-pronged dawn attack, with a large body of militia under Cadwalader crossing downstream to cut British reinforcement routes. Fitzsimons' company was in 

Cadwalader's column, but like most of the militia force, 

was unable to cross the river because of deteriorating 

weather. It thus did not share in Washington's great surprise victory, but it joined Washington several days later, 

in time to deal with a British counterattack. When General Charles Cornwallis reached lrenton on 2 January, 

the Americans slipped away in the dark and at dawn 

struck the enemy's rear guard at Princeton, smashing a 

second British brigade. Cadwalader's militiamen played 

a key role in the engagement, although Fitzsimons' company appears to have served in a reserve force. Washington moved on to northern New Jersey, forcing the British 

to abandon most of the state. Fitzsimons finally retired 

from active duty at the end of the month. 

89 
Pennsylvania authorities then asked him to serve on 

an eleven-member board to oversee the Pennsylvania 

navy, which formed the primary defense of Delaware 

Bay and the river approaches to Philadelphia. In this 

role Fitzsimons not only helped plan the capital's defenses, but organized logistics, coordinated defense with 

neighboring states, and negotiated with a sometimes reluctant Continental Congress over regional strategy. The 

assignment also provided him with an important lesson 

when the British captured Philadelphia. Finding Pennsylvania's defenses too formidable along the river approaches to the city, the enemy sailed up the Chesapeake 

Bay, and, marching through poorly defended sections of 

Maryland and Delaware, attacked the capital from the 

south. Even then, the defenses Fitzsimons had worked 

so hard to create held out for several months. With Philadelphia, along with his home and business, in enemy 

hands, Fitzsimons came to understand that no matter 

how well organized and defended one state might be, its 

safety depended ultimately on the united strength of all 

the states. 

When France entered the war on the American side in 

1778, British strategy changed. The field commander, 

Sir Henry Clinton, evacuated Pennsylvania and turned 

his attention to the conquest of the southern states, thus 

ending Pennsylvania's need for frequent militia mobilizations. Although Fitzsimons was involved in supplying 

the French naval forces that occasionally called at Philadelphia, he was now free to concentrate on politics. 

The Statesman 

Fitzsimons was concerned about the inflation and 

other serious economic problems that marked the latter 

years of the Revolution. Pennsylvania, burdened with a 

weak government, was unable to cope with these issues. 

Fitzsimons' experiences both in unifOrJ!l and on the 

state's Navy Board convinced him that stronger central 

authority did not pose a threat to liberty and was in fact 

the only solution to the new crisis. Many leaders who 

felt this way were unpopular in Philadelphia because of 

their wealth, but Fitzsimons' reputation as a caring officer, as well as his work for the poor on numerous local 

relief committees, sustained his popularity. At this time 

he also became associated with the Patriot financier Robert Morris, helping to organize the banking facilities 

that Morris used to support the Continental Army and 

Navy in the last years of the war. In fact, Fitzsimons 

served as a director of the Bank of North America from 

its founding in 1781 until 1803. 

Pennsylvania sent Fitzsimons to the Continental Congress in 1782. There he concentrated on financial and 

commercial matters, working closely with Morris and 

the nationalist faction led by Hamilton and Madison on 

90 

developing a centralized economy. He supported the 

growth of domestic industry and the payment of the 

nation's debts, particularly those owed to the soldiers of 

the Continental Army, but he argued that it was essential 

"that the weight of the taxes fall not too heavily upon 

any particular part of the community." Although his 

integrity impressed Madison, his political evenhandedness did not sit so well with the voters, who began to 

criticize his stand on fiscal matters. Chagrined by the 

criticism and distracted by business obligations, Fitzsimons resigned in 1783. 

But Fitzsimons could not abandon politics. He accepted election to Pennsylvania's Council of Censors, a 

unique group that reviewed the constitutionality of executive and legislative actions. In 1786 he began the first of 

three terms in the state legislature, where he was a floor 

leader of the more conservative forces. He also represented Pennsylvania in a commission that met in 1785 

with Delaware and Maryland to try to work out interstate commerce issues. 

In 1787 the state selected Fitzsimons to represent it at 

the Constitutional Convention. There he spoke often on 

issues relating to commerce and finance, arguing that 

the central government should have the right to tax both 

exports and imports to raise revenue and regulate commerce-reiterating a position that he had advocated with 

little success in the Continental Congress. Following the 

completion of the Convention's work, Fitzsimons resumed his seat in the Pennsylvania legislature, where he 

led the fight for a special convention to ratify the Constitution, arguing that since the document derived its 

power from the people, the people must approve it 

through representatives elected solely for that purpose. 

Fitzsimons sat for six years as a Federalist in the new 

House of Representatives. He served on several important committees and was chairman of the Ways and 

Means Committee. He also chaired the committee that 

organized the government of the Northwest Territory, 

and, in the aftermath of the Army's defeat by Indians in 

1791, presided over a select committee that investigated 

the matter. That committee set an important precedent 

by asserting that the Congress, under the powers vested 

in the first article of the Constitution, had the right to 

oversee the President's handling of military affairs. 

Defeated in 1794, Fitzsimons devoted the rest of his 

life to business and charitable affairs. Financial reverses 

in old age did not shake his faith in the common man, 

nor his sense of obligation to those less fortunate than 

himself. In a fitting tribute to Fitzsimons' abiding sense 

of civic duty, a contemporary noted the fact that "he 

died in the esteem, affection and gratitude of all classes 

of his fellow citizens." 
Nicholas Gilman, New Hampshire Patriot and Revolutionary War veteran, was among those assembled in 

Philadelphia in the summer of 1787 to devise a new 

instrument of government for the independent American states. Gilman realized that the resulting Constitution was less than perfect, leaving certain viewpoints and 

interests largely unsatisfied. It was, in fact, an amalgam 

of regional ambitions and citizen safeguards forged in 

the spirit of political compromise. But Gilman was 

among the Constitution's most ardent supporters, believing that there was no alternative to the strong, viable 

union created by such a Constitution except a drift into 

political and economic chaos. Imbued with the emerging spirit of nationhood, he entered the struggle for ratification in his own state. At least nine favorable votes 

from the states were needed to install the new Constitution. Thanks to the work of Gilman and others, New 

Hampshire cast the crucial ninth aye vote. 

Gilman's fervor for national unity flowed naturally 

from his experiences during the Revolution. An officer 

in the Continental Army, he served on George Washington's staff through the dark days of Valley Forge to the 

final victory at Yorktown. From this vantage point he 

came to appreciate the need for a government capable of 

preserving those personal liberties for which Americans 

had sacrificed so much. Daily contact with military and 

civilian officials representing a wide spectrum of economic interests made it obvious to this businessmanturned-soldier from a small New England state that the 

cost of a strong, permanent union was political compromise. During his long public career, Gilman worked hard 

to conciliate the differences between the various factions. He lived to see this course of action vindicated in 

a flourishing republic. 

The Patriot 

Gilman could trace his roots in America to the earliest 

days of New Hampshire. The family had settled in Exeter, a substantial town in the eastern part of the colony. 

Here the Gilmans engaged in ship construction as well as 

in the profitable mercantile trade that linked the growing 

frontier settlements, the rest of the American colonies, 

and the West Indies. The Gilman family also performed 

the traditional public services expected of men of substance in eighteenth-century America. Its sons, for example, served as militia officers in the 1745 campaign 

against the French stronghold at Louisbourg, Canada, 

and ten years later they were among those soldiers New 

Hampshire mobilized to fight in the French and Indian 

War. Gilman's father was both a prosperous local merchant and the commander of the town's militia regiment. 

Gilman was the second son in a family of eight children. Born during the French and Indian War, he was 

soon aware of the military responsibilities that went with 

citizenship in a New England colony. After attending 

local public schools, he became a clerk in his father's 

trading house, but the growing rift between the colonies 

and Great Britain quickly thrust Gilman into the struggle for independence. New England merchants in particular resented Parliament's attempt to end its "salutary 

neglect" of the financial and political affairs of the colonies by instituting measures to raise and to enforce the 

raising of revenue-measures that many Americans considered violations of their rights as British citizens. 

Gilman's father, along with Nathaniel Folsom and 

Enoch Poor, emerged as a leader of the Patriot cause in 

Exeter. He represented his community in the New 

Hampshire Provincial Congresses, which met just after 

hostilities broke out at Lexington and Concord in 1775 

and which later drafted the first state constitution. During the Revolution he served as the state's treasurer. His 

oldest son, John, was a sergeant in Exeter's company of 

militia that marched to fight the Redcoats around Boston. Nicholas remained behind, but already an ardent 

supporter of the Patriot cause, he likely trained with the 

local militia regiment. 

The Soldier 

In November 1776 a committee of the state legislature 

appointed young Nicholas Gilman to serve as adjutant, 

or administrative officer, of the 3d New Hampshire Regiment. That unit was in the process of a complete reorganization under the direction of its commander, 

Colonel Alexander Scammell. A superb combat officer, 

Scammell made good use of Gilman's administrative talents in the task of creating a potent fighting force out of 

the limited manpower resources at band- a combination of raw recruits from around the state and ragged 

veterans of the Trenton-Princeton campaign. In time the 

91 
3d New Hampshire would be recognized as one of the 

mainstays of General Washington's Continental Army. 

Because New Hampshire lay along the major invasion 

route from Canada to New York, Washington assigned 

its regiments a key role in the strategic defense of the 

northern states. In the spring of 1777 Gilman and the 

rest of the officers and men of the 3d New Hampshire 

marched to Fort Ticonderoga on Lake Champlain to 

participate in an attempt by American forces to halt the 

advance of a powerful army of British and German regulars and Indian auxiliaries under General John Burgoyne. Difficulties in coordinating the efforts of several 

different states turned Gilman's first military experience 

into one of defeat. The veteran British troops outflanked 

the fort, and only at the last minute did the garrison, 

including the 3d New Hampshire, escape capture by 

making a dangerous night withdrawal. 

The Patriots' grudging retreat lasted through the early 

summer, until a combination of British transportation 

difficulties and delaying tactics employed by the continentals finally slowed the enemy advance. This delay 

allowed time for a mass mobilization of New England 

militia, including a New Hampshire company of volunteers led by John Langdon and Gilman's father. It also 

92 

NICHOLAS GILMAN 

New Hampshire 

Birth: 3 August 1755, at Exeter, New Hampshire 

Death: 2 May 1814, at Philadelphia, Pennsylvania 

Interment: Winter Street Cemetery, Exeter, New 

Hampshire 

Oil, by Albert Rosenthal (no date); Independence National 

Historical Park. 

provided Major General Horatio Gates with time to establish new positions near Saratoga, New York, to block 

Burgoyne's further advance, and then, once Gates had a 

numerical advantage, to cut off the British line of 

withdraw! to Canada. During this campaign Gilman was 

busily employed in supervising the training and readiness of Scammell's men. He participated with his unit in 

two important battles at Freeman's Farm, where Burgoyne's units were so pummelled that "Gentleman 

Johnny" was eventually forced to surrender his whole 

army. 

Neither Gilman nor Scammell was granted a respite 

after this great victory. Less than a week after the British 

surrender, the 3d New Hampshire set out to reinforce 

Washington's main army near Philadelphia. The American capital had recently fallen to a larger British force, 

and the New Englanders had to spend a harsh winter in 

the snows of Valley Forge. That winter encampment put 

the units of the Continental Army to their supreme test, 

a time of suffering and deprivation from which they 

emerged as a tough, professional combat team. 

Gilman's administrative skills came to the fore at this 

time. When Washington selected Colonel Scammell to 

serve as the Continental Army's Adjutant General, 
Scammell made Gilman his assistant. Promotion to the 

rank of captain followed in June 1778. 

For the remainder of the war Gilman found himself in 

close proximity to the military leaders of the Continental 

Army. His duties in carrying out the myriad tasks necessary to keep a force in the field placed him in daily 

contact with Washington, Steuben, Knox, Greene, and 

others. He personally saw action in the remaining battles fought by Washington's main army, including Monmouth and Yorktown, while continuing to hold his 

captain's commission in the New Hampshire Line. The 

death of Colonel Scammell, however, during the preliminary skirmishing before Yorktown robbed him of much 

of the joy of that great victory. Following the death of 

his father in late 1783, he retired from military service 

and returned to Exeter to assume control of the family's 

business. 

The Statesman 

Gilman's career as a merchant proved short-lived. His 

service as a Continental Army officer had exposed him 

to many of the ideas of such prominent nationalists as 

Washington and Alexander Hamilton. Their influence, 

his family's own tradition of service, and his special skill 

at organization all combined to divert the young veteran 

into a political career. In 1786 the New Hampshire legislature appointed Gilman to the Continental Congress. 

He was also selected in 1786 to represent the state at the 

Annapolis Convention. Although he was unable to attend, his selection recognized Gilman's emergence as a 

nationalist spokesman, since the convention had been 

called specifically to address the country's serious economic problems and the inability of the separate states 

or Congress to solve them. 

The outbreak of unrest and latent insurrection in 

western Massachusetts in late 1786 further strengthened 

Gilman's commitment to changing the Articles of Confederation. He was pleased to serve his state as a representative at the Constitutional Convention that met in 

July 1787. Although he and fellow New Hampshire delegate John Langdon, his father's former commanding 

officer, reached Philadelphia after the proceedings were 

well under way, they both immediately joined in the 

debates and helped hammer out the compromises 

needed to produce a document that might win approval 

in every state and region. 

During the subsequent struggle to secure New Hampshire's ratification of the Constitution, Gilman remained 

in New York as a member of the Continental Congress, 

but he kept in close touch with his brother, John, who 

was one of the leaders of the state's ratification forces. 

Working in tandem, the brothers used all of their considerable political influence to engineer a narrow 57-47 

margin of victory in the final vote. 

When the First Congress of the new United States of 

America convened in New York in 1789, Gilman was in 

attendance as a member of the House of Representatives, a seat he filled for four terms. During this period 

the Gilman brothers became a feature of New Hampshire politics. John Gilman became governor, a post he 

would hold for fourteen terms, while a younger brother 

embarked on a career in the state legislature. After returning to Exeter, Nicholas Gilman resumed his own 

political career in 1800, serving a term as state senator. 

During this time Gilman's political loyalties began to 

change. Ever a staunch nationalist, he had supported 

the Federalists while that party led the fight for a more 

binding union of the states. But once that concept was 

firmly established, Gilman became increasingly concerned with the need to protect the common man from 

abuses of power by government. As a consequence, he 

gave his support to the Democratic-Republican party 

that was beginning to form around Thomas Jefferson. 

In 1801 he accepted appointment from Jefferson as a 

federal bankruptcy commissioner. Following one unsuccessful attempt, he was then elected to the United States 

Senate in 1804 as a Jeffersonian. Although the New 

Hampshire Yankee rarely spoke at length in legislative 

debate, his peers recognized his political prowess. He 

remained an influential member of the Senate until his 

death in 1814, which occured while he was returning 

home from Washington during a recess. 

Gilman summarized his belief in the importance of a 

strong national government on the day after he signed 

the Constitution. He called the new supreme law of the 

land "the best that could meet the unanimous concurrence of the States in Convention; it was done by bargain and Compromise, yet, notwithstanding its 

imperfections, on the adoption of it depends (in my 

feeble judgment) whether we shall become a respectable 

nation, or a people torn to pieces . . . and rendered 

contemptible for ages." These modest words typified 

this eminently practical Soldier-Statesman. Yet his modesty failed to mask the justifiable pride he obviously felt 

in the accomplishment of the Founding Fathers. Gilman 

himself had played no small part. He was one of those 

rare figures who successfully combined an eminently 

pragmatic approach to government with an unwavering 

vision of future greatness for his nation. 

93 
Alexander Hamilton, who represented New York at 

the Constitutional Convention, was a brilliant political 

theorist and a leading advocate of centralized government. As an immigrant, Hamilton was able to transcend 

loyalty to any single state or region and think in terms of 

nationhood. He combined a natural affinity for aristocratic values with a generally pessimistic view of human 

nature and concluded that successful government must 

be strong and must win the support of men of property 

and social standing. Hamilton was among the most intellectually gifted of the Founding Fathers, rivaling in 

ability his arch foe, Thomas Jefferson, but he lacked 

practical political experience and failed to win support 

for many of his most cherished ideas. A blunt, practical 

man, he never understood the role that idealists like Jefferson played in shaping society. Ironically, his major 

contributions to the political life of the nation occurred 

only when his specific policies were adopted and carried 

forward by others with broader vision. 

Hamilton was a master of financial planning and central organization. Many of his ideas about government 

matured during a youth spent in the uniform of the 

Continental Army. The fact that Hamilton's lifetime was 

dominated by a series of global wars between Great Britain and France colored his thinking about politics. He 

came to believe that the survival of the United States 

depended on its ability to provide for its self-defense, 

and his plans to strengthen the political union, eloquently expressed during the fight to ratify the Constitution, were directly linked to his ideas on military 

matters. 

The Patriot 

Hamilton's original prospects were very limited. His 

parents never married and separated while he was still a 

child. His father, a younger son of a minor Scottish 

noble, had drifted to the West Indies where he eked out a 

living as an occasional clerk and minor merchant while 

dreaming of glory; his mother died when Hamilton was 

eleven, leaving him to fend largely for himself. Hamilton's childhood was spent on the edge of poverty first on 

Nevis, the smallest of Britain's Leeward Islands, and 

later on St. Croix in the Danish Virgin Islands. 

This background produced a boy older than his years, 

suspicious of human motives, and obsessed with a 

94 

highly idealistic concept of nobility. It also created a 

youth consumed by an ambition to conquer the world 

that had dealt him such a poor hand. Fortunately, he 

found employment on St. Croix as an apprentice in tiny 

Christiansted, then very much a frontier "boom town." 

By the time he was fourteen, his employer, a New Yorkborn merchant trading with the American mainland, 

recognized Hamilton's intelligence, honesty, and gift for 

finances and gave him considerable responsibility. Others encouraged his voracious reading and made it possible for him to go to New York City to obtain a formal 

education. 

His patrons back in St. Croix provided him with letters of introduction to a circle of influential men in that 

city and nearby New Jersey, men who also happened to 

be among the most important leaders of the mounting 

opposition to Great Britain. He used their contacts to 

gain admission to Francis Barber's preparatory school in 

Elizabethtown, New Jersey. Hamilton also lived for a 

year with William Livingston, later a fellow signer of the 

Constitution. During these years, Hamilton met a number of men who would become lifelong friends and political allies. He entered King's College (now Columbia 

University), and he also became active in the city's Patriot movement. He gained some local notoriety by writing two pamphlets which attacked one of New York's 

leading Tories, the Reverend Samuel Seabury. Hamilton 

never graduated from college; the rush of outside events 

intervened. 

The Soldier 

Hamilton's first experience with the military came 

during the heady days of the summer of 1775, after the 

outbreak of fighting at Boston. Along with a group of 

other students from King's, he joined a volunteer militia 

company, the Hearts of Oak. They adopted distinctive 

uniforms, complete with the words " Liberty or Death" 

on their hatbands, and drilled under the watchful eye of 

a former British officer. Hamilton's political connections with the Patriot leadership soon led him into fulltime service. In March 1776 the state government 

commissioned him as a captain, with instructions to 

raise the New York Provincial Company of Artillery (today the Regular Army's 1st Battalion, 5th Field Artillery) to protect Manhattan Island. 
In the same month that Hamilton received his commission, George Washington's Continental Army troops 

forced the British to evacuate Boston. Conceding that 

opposition was too strong in New England, the King's 

ministers ordered their forces to occupy New York City, 

with its superb harbor, as a new base. While the Continental Congress in Philadelphia declared independence, 

the largest trans-Atlantic invasion force assembled prior 

to the twentieth century began concentrating offshore. 

Congress and Washington assembled continentals, 

militia, and state units like the Provincial Company to 

defend the city. Hamilton dutifully reported for orders 

to Washington's Chief of Artillery, Colonel (later Major 

General) Henry Knox, and his men served alongside 

Knox's gunners throughout the fall campaign. They 

stayed with the rear guard of Washington's main army 

during the retreat across New Jersey after the city fell. 

One of Hamilton's finest moments as an officer came 

during the dramatic two weeks of the Trenton-Princeton 

campaign. Knox's fieldpieces crossed the ice-choked 

Delaware River on Christmas Night, 1776, and supported Major General Nathanael Greene's division 

through the snowstorm. In a dawn attack on the Hessian 

garrison at Trenton, their cannon balls and grapeshot 

ALEXANDER HAMILTON 

New York 

Birth: 11 January 1757, on Nevis, British West Indies 

Death: 12 July 1804, at New York City 

Interment: Thinity Episcopal Church Cemetery, 

New York City 

Oil, by John li'umbull (1792); National Gallery or Art. 

contributed directly to one of the most lopsided victories 

of the war. At Princeton they then set up outside the 

college's Nassau Hall and "persuaded" the better part of 

a British regiment to surrender. 

Impressed by Hamilton's abilities, Knox and Greene 

recommended the young officer to Washington's personal attention. In March he received appointment as an 

aide to the Commander in Chief, along with a promotion to lieutenant colonel. Hamilton had been an excellent combat leader; he now had a chance to try his hand 

at staff work, for Washington used his staff "family" as 

the center of his military administration. These handpicked young men acted as messengers and prepared 

Washington's voluminous official correspondence. 

Hamilton's workaholic habits made him an instant success and a key member of the close-knit team. From the 

Philadelphia campaign of 1777 through Monmouth and 

on into the dark years of virtual stalemate, he stayed 

with the main army, learning many important lessons 

about the need for central government to deal with crises. When be eventually came to resent the limits of his 

role, he seized upon a minor reprimand as a reason to 

resign in April 1781. 

The preceding December he had married a daughter 

95 
of Major General Philip Schuyler, a powerful conservative political leader in New York and one of Washington's closest supporters. Schuyler sought to heal the 

breach between Washington and Hamilton. Although 

not recalled to the staff, Hamilton was given the command of a battalion of elite light infantry for the 1781 

campaign. At the subsequent siege of Yorktown Hamilton's battalion openly taunted the British by performing 

close order drill on the parapet of the entrenchments. 

Hamilton then led his own battalion and two others in 

the decisive engagement of the siege, a bayonet assault 

on Redoubt 10 on the evening of 14 October. Five days 

later Cornwallis surrendered. 

There is no question that military service shaped 

Hamilton's thinking. Years of combat and, even more 

importantly, the administrative and logistical struggle to 

keep men from all over the nation working together 

made him an ardent nationalist and exponent of strong 

central government. One biographer has even gone so 

far as to claim that "Hamilton's wartime ... aideship 

was, in other words, his postgraduate education." 

The Statesman 

Hamilton took up the study of the law in early 1782. 

He completed a program of apprenticeship which normally took three years in as many months, and was 

admitted to the bar in July. Within six months he found 

himself representing New York in the Continental Congress, where he quickly joined a young Virginian, James 

Madison, as a leading exponent of stronger national 

government. By August of the following year frustration 

with his failure to persuade a majority to support his 

ideas led him to return to New York, where he rapidly 

built a thriving Jaw practice and gained fame as a legal 

theorist. 

Hamilton, however, could not long remain out of the 

public arena. In 1787 he spent a term in the New York 

legislature. More importantly, he played an essential role 

in the movement which resulted in the adoption of the 

Constitution. He had attended the Annapolis Convention the previous year when representatives from the 

middle states met to discuss economic problems of mutual interest. In 1787 he was included in the New York 

delegation to the Constitutional Convention. His influence was most pronounced, however, during the ratification battles that followed the meeting in Philadelphia. 

In an effort to win popular support for the Constitution 

in New York, Hamilton persuaded Madison and John 

Jay (a future Chief Justice of the Supreme Court) to join 

him in publishing a series of essays, The Federalist Papers, which still serve as one of the most fundamental 

statements of American political philosophy. The au96 

thors successfully argued that strong central government 

was not an inevitable step toward tyranny. Their efforts 

not only swung public opinion in other states, but 

helped pave the way for New York's ratification in July 

1788, an event that had appeared extremely unlikely the 

previous fall. Hamilton's performance as floor manager 

during the ratification convention provided the margin 

of victory. 

In 1789 when Washington began the task of organizing the new federal government, he asked his old aide to 

become the nation's first Secretary of the neasury. For 

nearly six years Hamilton worked out a comprehensive 

fiscal and economic program for the national government that remains in place two centuries later. He persuaded Congress to establish a national coinage, a 

national banking system, a revenue program to provide 

for the repayment of the national debt, and measures to 

encourage industrial and commercial development. His 

goal was a vigorous, diversified economy that would 

also provide the nation with the means to defend itself. 

Such an ambitious economic program was bound to 

create opposition, especially when Hamilton's strong 

personality clashed in cabinet meetings with that of Secretary of State Thomas Jefferson. Frustrated by the political rivalry and exhausted by hard work and personal 

financial sacrifice, Hamilton retired in the summer of 

1795 to resume his law practice. He was back in federal 

service three years later when the nation expanded the 

Army to prepare for a possible war with France, serving 

as a major general with the additional duty of Inspector 

General until 1800. 

Although Hamilton was a great innovator and statesman, his lack of legislative experience and of faith in the 

common man made him a poor politician. His tactical 

failures as a leader of the Federalists on both the state 

and national level fractured the party into competing 

groups and contributed directly to the election of Jefferson as President in 1800. Both Jefferson and his running 

mate Aaron Burr received the same number of electoral 

votes. To Hamilton's credit, he refused to back a plan by 

some members of the party to cast votes for Burr to deny 

Jefferson a victory. Burr's bitterness over that decision, 

coupled with his long-standing rivalry with Hamilton in 

local politics, led inexorably to tragedy. On 11 July 1804 

the two men met at dawn at Weehawken Heights, New 

Jersey. Hamilton, who detested dueling, participated because he felt that his honor had been impugned. Mortally wounded, he was carried back to New York City 

where he died the next day. 
Rufus King, who represented Massachusetts in the 

Constitutional Convention, was a political realist. The 

lessons of a classical education and certain tragic events 

in his family's history combined to convince him that 

idealism had to be tempered with vigilance and that a 

fledgling nation would need a strong government to protect the rights of its citizens while defending its interests 

in a hostile world. Throughout a lengthy public career 

he employed his considerable diplomatic and oratorical 

skills to promote the twin causes of nationalism and civil 

liberty, fighting in the last decade of his life to extend 

those liberties to the nation's enslaved minority. 

The Revolutionary War marked a watershed in King's 

life. Like other major social and political upheavals, the 

Revolution was accompanied by local breakdowns of 

justice and public order. The King family was the victim 

of one such breakdown, and the incident turned the 

young Patriot into a passionate advocate of the rule of 

law and the rights of the individual. King's military experience would also make him a leading exponent of 

strong national defense, but one who always demanded 

that the nation's military forces remain subordinated to 

the needs and purposes of the civilian government. King 

also served as an important transitional figure, passing 

on to a new generation of leaders the ideals that had 

animated the Revolution. The last of the Founding Fathers to pass from the scene, he served in various political and diplomatic offices until 1826. 

The Patriot 

King was born in Scarboro, in that part of Massachusetts which subsequently became Maine. His father had 

served as a citizen-soldier during the early stages of Britain's contest for North America, participating in the 

successful assault on the French fortress at Louisbourg, 

Canada, in 1745. Shortly after that victory he left the 

Boston area to settle on the northern frontier of Massachusetts, where he quickly rose to prominence as a wellto-do farmer and merchant. His ability to dominate 

affairs in Scarboro provoked considerable envy, an emotion that turned ugly as the rift between the colony and 

the mother country widened. A strong supporter of 

Royal authority, the elder King defended the unpopular 

Stamp Act, a measure enacted by Parliament to raise 

revenues in the colonies to defray the cost of the French 

and Indian War. In retaliation the local Patriots, dubbed 

Sons of Liberty, ransacked the family's home in 1766. 

Unintimidated, the father retained his Loyalist sympathies, provoking yet another confrontation in 1774. This 

time a force of local militia visited the King home and 

demanded a public recanting. The humiliation and 

strain caused by this incident led directly to the old captain's death and instilled in his son a lifelong passion for 

law and order and for a society controlled by rational 

men. 

Rufus King was the first member of his family to 

benefit from a formal education. Thanks in great part to 

the persistence of his stepmother, he attended a boarding 

school, where he received the rudiments of a classical 

education, and then Harvard College. There he graduated first in his class in 1777 before moving on to Newburyport to study law under Theophilus Parsons, who 

later became Massachusetts' chief justice and one of the 

most important Federalist theoreticians and philosophers. King also joined a men's club in Boston whose 

members would form the nucleus of what eventually 

became the state's Federalist party. 

Thaditionally, young men in Massachusetts deferred 

military service until completing their education. King 

was no exception. In addition to his scholastic obligations, King faced severe financial problems. His father's 

sudden death left the family's affairs in shambles, and 

King was forced to support his stepmother and the 

younger children. He organized the estate and invested 

his share in the Massachusetts lumber trade. But his 

failure to enlist caused tongues to wag. Scarboro's local 

Patriots continued to harbor doubts about the family's 

loyalties. Given the father's outspoken support for the 

old regime, they especially questioned the son's commitment to the cause. King, who had become an ardent 

Patriot during his years at Harvard, was particularly 

incensed when charges of disloyalty were leveled against 

him in the summer of 1777, but he allowed the talk to 

continue a full year before he suspended his legal training and donned uniform. This steadfastness in settling 

matters in an orderly fashion marked the measure of the 

young scholar, just as it would come to characterize his 

later political career. 

97 
The Soldier 

Actually, during this period King considered himself 

first and foremost a New Englander. He stood ready to 

sacrifice all for his native region, but he felt no nationalistic commitment to rush to the defense of the other 

colonies. Although the Revolution began in New England in 1775, events and strategic decisions had shifted 

the military action to other locations relatively early in 

the war. Strategists in London decided that opposition to 

the Crown was strongest in the four New England states 

and concentrated instead on trying to regain control of 

the middle colonies, where they believed loyalties were 

more evenly divided. The British evacuated Boston in 

March 1776 and captured New York in the summer, intending to use that important port city as their main 

base. New England was left to endure the economic 

hardships caused by a naval blockade and frequent raids 

on coastal cities. 

When the chance arose in 1778 to drive the last of the 

enemy from New England, King quickly volunteered. 

The military picture now had changed considerably. The 

American victory at Saratoga in the fall of 1777 had 

freed New England from the threat of attack from Can98 

RUFUS KING 

Massachusetts 

Birth: 24 March 1755, at Scarboro, Massachusetts• 

Death: 29 April 1827, at New York City 

Interment: Grace Episcopal Church Cemetery, Jamaica, New York 

•Now S<:arborough, Maine. Maine achieved statehood in 1820; 

prior to that time it was a part or Massachusetts. 

Oil, by Charles Willson Peale (1818); Independence National 

Historical Park. 

ada. France's entry into the war led the British to withdraw from Philadelphia, allowing Washington to 

concentrate most of the Continental Army near New 

York. Several of his regular brigades were now available 

to reinforce New England's citizen-soldiers, and the appearance of a French naval squadron off the American 

coast provided the occasion to attack the British at Newport. Massachusetts mobilized its militia for a campaign 

organized by Major General John Sullivan. King and 

other members of his Boston club volunteered their services to Governor John Hancock. On reaching Rhode 

Island, King received a commission as major of infantry 

and appointment as aide to Brigadier General John 

Glover of Marblehead. Glover, commander of the regiment of Massachusetts seamen (today's lOlst Engineer 

Battalion, Massachusetts Army National Guard) who 

had ferried Washington's men across the Delaware before the Battle of Trenton, was now in command of an 

infantry brigade. The brigade crossed from the Rhode 

Island mainland to Newport, where it joined other militia and Continental units in constructing redoubts and 

preliminary siege Jines. 

At this point, American fortunes turned sour. British 

reinforcements arrived, and the French fleet, after suf-
fering severe damage during an inconclusive battle with 

a British squadron and from a sudden tropical storm, 

withdrew. Faced with the prospect of entrapment on the 

island, Suilivan had no choice but to retreat. As one of 

the best trained and equipped units on the scene, Glover's brigade covered the withdrawal. During that successful exercise King narrowly escaped death at the 

hands of the Redcoats. 

Following the aborted Newport campaign, King returned to the study of law. He was admitted to the bar in 

1780 and opened a practice in Newburyport. Although 

short-lived, his military career was important to his development as a national leader. It enlarged his political 

outlook, introducing him to conditions outside his native state and providing him the opportunity to serve 

with soldiers from far-flung areas of the nation. It also 

taught him the importance of interstate cooperation in 

major defensive endeavors. Finally, and most important 

on a practical level, it helped him cement relations with a 

group of men who would become future leaders of the 

Federalist party. 

The Statesman 

King's legal practice in Newburyport thrived and in 

1783 his fellow citizens elected him to the state legislature. The following year his colleagues in the legislature 

selected him to serve as a delegate to the Continental 

Congress, which moved to New York City shortly after 

King took his seat. There, exposure to the cosmopolitan 

atmosphere of the metropolis and to the company of 

distinguished men broadened the young New Englander's political vision. He became close friends with Secretary at War Henry Knox and with such delegates as John 

Jay and Robert Livingston as a result of his diligent dayto-day activities in Congress, where he took a particular 

interest in commercial, financial, diplomatic, and military issues. 

Unrest among debt-ridden farmers in western Massachusetts, culminating in Shays' Rebellion, marked a final assault on the nation's confidence in the Articles of 

Confederation. For King, the abortive uprising not only 

proved the inherent weakness of the existing government, but completed his conversion to the cause of 

strong central government. He clearly demonstrated 

these sentiments when he joined other delegates as a 

representative of Massachusetts at the Constitutional 

Convention in 1787. He was the first delegate from New 

England to reach Philadelphia, and he quickly joined 

James Madison in leading the fight for national union 

on the Convention floor. His brilliant oratory and clear 

pragmatism helped win over wavering delegates. After 

the document was signed, he returned to the Continental 

Congress, where he worked to secure that body's approval of the new Constitution. He then returned to 

Massachusetts to act as floor leader in the state's ratification convention. To effect the compromise needed to 

win approval in that meeting, he helped organize the 

first formal call for a bill of rights. 

In 1789 King married and moved permanently to New 

York City. He was elected to the state legislature and 

then, just ten days into the legislative session, to the 

United States Senate. He represented New York in the 

Senate for two terms, serving as a leader of the Federalists and demonstrating a rare understanding of military 

issues. When war with France threatened, he fought to 

establish the national government's responsibility for 

coastal defense, to reestablish the Navy, and to impose a 

tax to fund these projects. 

King declined President Washington's offer of a Cabinet post, but he agreed in 1796 to serve as ambassador to 

Great Britain, a position he would hold under three 

presidents. Demonstrating singular tact and foresight, 

he negotiated a settlement of Revolutionary War issues 

and initiated discussions on European interests in Latin 

America that would find fruition in the Monroe 

Doctrine. 

King retired in 1803, but he remained closely involved 

in politics. During the next decade he ran unsuccessfully 

as Federalist candidate for various offices including the 

vice presidency. Reelected to the Senate in 1813, he 

quickly became a leader of the small group of Federalists who supported the administration in the War of 

1812, arguing "when the efforts for peace were rejected 

and a barbarous warfare proclaimed against us, it became the duty of all to resist, and thereby preserve the 

country from ruin." Deeply admired by men of differing political persuasions, King won 34 electoral votes for 

President in 1816. During his final years in the Senate he 

continued to defend his political ideals in an age of rigid 

partisan attitudes. In particular, he denounced slavery as 

anathema to the principles underlying the Declaration 

of Independence and the Constitution. In the greatest 

speech of his career, he fervently opposed admitting 

Missouri as a slave state in 1820. In 1825 President John 

Quincy Adams asked him to return once again to London. He remained at his post for a year before his declining health forced him to return home. 

Among the Founding Fathers, King probably traveled 

the longest philosophical distance. Beginning his career 

as an isolated, provincial scholar, he matured into a unionist of broad vision. This transformation left him optimistic about the nation's future. The United States, he 

claimed, "on account of the freedom of their government, and the vigor and enterprise of their People, have 

the Right as well as the Power to take the lead in whatever may affect or concern the new world." 

99 
John Langdon, who represented New Hampshire at 

the Constitutional Convention, was a wealthy international trader. Thrust by his widespread commercial interests into the forefront of the Patriot cause, Langdon 

contributed his highly developed business acumen during the Revolution to the problems of supplying the 

Continental Navy. As a citizen-soldier, he also participated under arms in the American victory, on several 

occasions using his personal fortune to ensure the success of his militia command. 

Langdon's various political and military experiences 

in the Revolution led him to believe that the well-being 

of his country demanded a binding union of the states. 

A citizen of one of the smaller and less influential states, 

he realized in particular that only a strong central government could ensure that the rights and privileges of all 

citizens would be equally protected. His business background also convinced him of the need for a government 

that could guarantee economic stability and growth. At 

the same time, his experiences in the militia and in the 

Continental Congress made him an articulate exponent 

of the idea that a well-regulated militia force, subordinate to civilian authority, was an important ingredient of 

any new government. During a long political career at 

both the state and national level, Langdon would continue to extol and explain the unique blending of the 

advantages and responsibilities bestowed upon the republic by the Constitution. 

The Patriot 

The Langdon family was among the first to settle near 

the mouth of New Hampshire's Piscataqua River, a settlement which in time became Portsmouth, one of New 

England's major seaports. The son of a substantial 

farmer and local politician, John Langdon was educated 

at a local school run by a veteran of New England's 1745 

expedition against the French at Louisbourg, Canada. 

Langdon and his older brother Woodbury both rejected 

the opportunity to join in their father's successful agricultural pursuits, succumbing instead to the lure of the 

thriving port. With the idea of entering the Yankee sea 

trade, they apprenticed themselves to local merchants. 

John Langdon did not remain long in the counting 

house. By the age of twenty-two he was captain of a cargo 

100 

ship sailing to the West Indies, and four years later he 

owned his first merchantman. Over time he would acquire a small fleet of vessels, which engaged in the triangular trade between Portsmouth, the Caribbean, and 

London. His older brother was even more successful in 

international trade, and by 1770 both young men could 

be counted among Portsmouth's wealthiest citizens. 

The brothers entered local politics on the eve of the 

Revolution. Despite similar educations and business careers, however, they represented opposite ends of Portsmouth's political spectrum. While Woodbury Langdon 

rapidly rose to become a leader of the conservative merchants, John served on the town committees elected to 

protest the tax Parliament enacted on the tea trade and 

to enforce the Continental Association, a boycott of 

British goods organized throughout the colonies. Illustrating divided political opinion in the colony, both 

brothers were elected in 1774 to represent Portsmouth in 

the New Hampshire legislature. But John Langdon soon 

grew impatient with the political process. He joined a 

group of militiamen who removed the gunpowder stored 

at the local fort before it could be seized by the Royal 

governor. In 1775 New Hampshire selected him and another leader of the gunpowder raid, John Sullivan, to 

attend the Second Continental Congress. Langdon immediately cast his lot with those calling for independence. 

Langdon made an important contribution to the war 

effort during his year in the Continental Congress. In 

November 1775 he traveled to the northern front as part 

of a three-man committee to confer with Major General 

Philip Schuyler on preparations for the coming campaign. He stopped en route to investigate the situation 

along the Hudson River and approved the organization 

of the first regiment of Canadian volunteers in the Continental Army. More significantly, Congress, recognizing 

Langdon's maritime experiences, appointed him to the 

committee that oversaw the establishment of the Continental Navy. 

In early 1776 Langdon resigned to accept appointment as the Marine Agent for New Hampshire, the national government's primary official within the state. 

Employing his local contacts, he established a shipyard 

in Portsmouth and began work on one of the first Continental frigates, the Raleigh. While he operated his own 
fleet of privateers, he also supervised construction of the 

Navy's first major warship, the 74-gun America. The 

most ambitious shipbuilding project in the country to 

that time, the America was launched near the end of the 

war. Another of Langdon's major responsibilities as marine agent involved supervising the importation and distribution of arms. Shipped from France to ports in New 

England, and especially Portsmouth, these vital weapons were disguised in a complicated trade deal to maintain the appearance of French neutrality. Thanks in part 

to Langdon's efforts they reached the regiments of the 

Continental Army in time for the crucial campaigns of 

1777. 

Langdon's efforts as marine agent made it clear to 

him that the lack of an efficient central administration 

was an impediment to the success of the war effort. To 

equip his warships, he had to spend much time persuading the various states to contribute precious resources to 

projects that did not promise any immediate return. 

Even the distribution of weapons taxed his diplomatic 

skills to the utmost, for he had to weigh and assign 

priorities to the competing claims of the various New 

England governments, at the risk of losing their vital 

JOHN LANGDON 

New Hampshire 

Birth: 26 June 1741, at Portsmouth, New Hampshire 

Death: 18 September 1819, at Portsmouth, New 

Hampshire 

Interment: Old North Cemetery, Portsmouth , New 

Hampshire 

Pastel, attributed to James Sharples, Sr. (c. 1795); Independence National Historical Park. 

support for other projects. 

The Soldier 

In 1777 Langdon assumed a more direct role in the 

defense of the country. Serving as speaker of the lower 

house of New Hampshire's legislature-a position he 

would hold for the rest of the war-he devoted much 

energy to reorganizing the state militia. Under Washington's strategic concept, the citizen-soldiers were expected 

to provide for local security against sudden raids and to 

reinforce the Continental Army during specific campaigns. Langdon and his colleagues now formed the 

New Hampshire militiamen into two brigades. One was 

based in the east to protect the coast from attack by the 

Royal Navy and to support the other New England 

states. A second brigade was organized in the west to 

guard the frontier against attack from Canada. Langdon 

himself took command of an elite company of light infantry in General William Whipple's eastern brigade. 

Langdon's unit, often called a "silk-stocking" outfit by 

his contemporaries because it was composed of wealthy 

citizens who all held officer commissions in their own 

local militia units, was in fact a highly trained combat 

101 
formation. 

British strategy for the summer campaign of 1777 

called for a major attack to cut New England off from 

the other states. While the main British army moved out 

of New York City against Philadelphia, drawing Washington's soldiers south, a second army under Lieutenant 

General John Burgoyne was to move down from Canada, capture Fort Ticonderoga, and then follow the 

Hudson River at least as far as Albany. Ticonderoga fell 

in early July, suddenly exposing the full length of New 

Hampshire's frontier. The state mobilized its western brigade under Brigadier General John Stark to deal with 

this emergency. These troops played a major role in the 

victory at Bennington in August, and then started attacking Burgoyne's lines of communications. 

By September, Burgoyne's army had been halted near 

Saratoga, New York, by the combined efforts of continentals and various militias from New York and New 

England. To help break the stalemate, additional militia 

units were called up, including Langdon's company. 

They arrived in time to surround the British, cutting off 

retreat to Canada. On 17 October 1777 "Gentleman 

Johnny" Burgoyne and his entire army surrendered. 

Langdon witnessed this "grand scene:' as he called it, 

the result of the cooperative efforts of the regulars and 

the militia of four separate states. He also took considerable satisfaction in the fact that he had paid out of his 

own pocket for much of the equipment used by his militia company, saying, "If we defend our homes and our 

firesides, I may get my pay; if we do not defend them, 

the property will be of no value to me." 

In 1778 it was the turn of the eastern brigade to be 

mustered first. General Whipple planned a march to 

Rhode Island to join in an effort to oust the British from 

Newport, their last foothold in New England. 

Langdon's company, reorganized as a cavalry troop, 

again at its commander's personal expense, volunteered 

for duty. Whipple's men combined with .other militia 

units and a force of continentals for the ambitious campaign. Timing their attack to the arrival of a French fleet 

off Newport, the Americans crossed from the mainland 

to the northern end of the island containing the city and 

began cautiously pushing south. Before Newport could 

be brought under effective siege, however, the appearance of a Royal Navy squadron and an unexpected 

storm forced the French to withdraw. Too weak to operate without naval support, the Americans had to retreat. 

The Statesman 

The Rhode Island campaign marked the end of 

Langdon's active duty. At the conclusion of the war he 

declined further service in the Continental Congress, but 

retained his seat in the state legislature. In 1785 he be102 

came president of the state, the title New Hampshire 

bestowed on its governors. Defeated for reelection in 

1786, he returned to the legislature. During this period 

Langdon became increasingly concerned with the financial health of the newly independent nation. As a merchant, he realized that the slide of the states and 

Congress toward bankruptcy hurt America's international economic standing. He strongly supported the efforts of Washington, Madison, and others who were 

calling for the creation of a new government. 

Langdon joined this effort when in 1787 New Hampshire appointed him to represent the state in the Constitutional Convention. In fact, so anxious was he to 

participate that when the legislature failed to provide 

funds for its delegation, Langdon personally paid his 

own way and that of fellow delegate Nicholas Gilman. 

Langdon and Gilman missed the early sessions of the 

Convention, but Langdon was soon noted for his strong 

support of measures to strengthen the national government. As to be expected from one with his wartime experiences, Langdon was particularly forceful in advocating 

centralized authority for the regulation of commerce, 

taxation, and military matters. 

Following the Convention, Langdon served briefly in 

the Continental Congress, returning to New Hampshire 

later in the year to participate in the state's ratification 

convention. In these meetings Langdon exercised his 

considerable political skills, devising the strategy that 

ultimately won the state's approval. Although many 

feared the new instrument of government would be rejected nationally, New Hampshire's ratification, as the 

ninth state to do so, put the Constitution into effect. 

Langdon went on to serve another term as governor 

before resigning in 1789 to become one of the first 

United States senators. He presided over the Senate's 

first session in which the electoral votes that made 

George Washington President were counted. Initially, 

Langdon supported Hamilton's economic policies, but 

over the years he grew disenchanted with the Federalists, 

becoming one of New England's earliest supporters of 

the political party forming around Thomas Jefferson. 

Retiring from the Senate in 1801, Langdon rejected Jefferson's offer to become Secretary of the Navy. Instead 

he returned to his business interests in New Hampshire 

and further service as legislator and as governor, retiring 

finally in 1812. Throughout his long political career, 

Langdon had espoused a simple philosophy of government: The people must grant government sufficient authority to promote their interests, but must impose 

sufficient controls to protect their liberties. He lived to 

see these ideas perpetuated in a living Constitution. 
William Livingston, who represented New Jersey at 

the Constitutional Convention, was one of the new nation's authentic renaissance figures. An accomplished 

man of letters, linguist, agronomist, and charter member of the American Philosophical Society, he was also a 

notable man of action, as attorney, soldier, and state 

governor. The many facets of his personality combined 

to form a complex public figure who stood at the forefront of those fighting for independence and the creation of a strong national government. His was not a 

career eagerly sought. In fact, Livingston sincerely desired the quiet life of a country gentleman, but his exceptional organizational skills and dedication to popular 

causes repeatedly thrust him into the hurly-burly of politics. 

The strong sense of public service that animated his 

long career also led him to champion the rights of the 

common man. For Livingston, freedom of religion and 

freedom of the press, for example, were no idle speculations, but rather living causes to which he devoted his 

considerable legal and literary talents. His experiences 

during the Revolutionary War, both as soldier and as 

governor of New Jersey, convinced him that weak government and unchecked local interests posed a threat to 

citizens equal to that endured under the Crown. An ardent republican, he considered the new Constitution an 

ideal instrument for guaranteeing that the rights of the 

individual and the aspirations of the nation would exist 

together in harmony under a rule of law. 

The Patriot 

The Livingstons stood at the pinnacle of colonial New 

York society, controlling a vast estate along the Hudson 

River near Albany. Their wealth and an interlocking series of marriages with other major families gave them 

great political and economic influence in the colony. 

William Livingston received his primary education in 

local schools and from private tutors, but his horizons 

were considerably expanded at the age of fourteen when 

his family sent him to live for a year with a missionary 

among the Iroquois Indians in the wilds of the Mohawk 

Valley. In 1738 he enrolled at Yale College, where he 

developed a lifelong interest in political satire. 

Graduating in 1741, Livingston resisted pressure to 

enter the family fur business and moved to New York 

City to study law. He clerked under James Alexander 

and William Smith, both champions of civil rights and 

among the best legal minds of the day. In 1748 Livingston was admitted to the bar and opened a practice in 

the city, a year after marrying the daughter of a wealthy 

New Jersey landowner. The couple became a glittering 

fixture in the city's social whirl, but Livingston still 

found time to pursue his interest in art, languages, and 

poetry. 

The young attorney quickly achieved prominence in 

the colony's legal circles. His progressive views on legal 

matters led naturally to a political career. In 1752 he 

launched the Independent Reflector; a weekly newspaper 

which, like his law practice, allied him with critics of the 

political status quo. Through the publication of essays 

and satiric pieces, he developed a consistent position on 

important local and national issues. He forcefully argued, for example, that King's College (now Columbia 

University) should be nonsectarian, with its trustees and 

faculty free from any religious or political tests. His 

reasoned appeals for a separation of church and state 

attracted many allies. 

Such activities led to Livingston's election to the New 

York legislature, where his attention turned increasingly 

to what he considered the mother country's interference 

with the political and economic rights of her American 

subjects. Through incessant criticism of the entrenched 

political elite, he sought to promote an alliance between 

powerful, more progressive landowners and the tradesmen and mechanics of the city. But Livingston still believed that control over public affairs was best exercised 

by men of property and education, and he was concerned about the growing intensity of popular uprisings 

against Parliament's increased efforts to control the colonies. When his efforts to moderate the activities of the 

Sons of Liberty and other radical groups in New York 

failed in 1769, he and his allies lost control of the legislature. Out of political favor and burdened with raising a 

large family, Livingston retired from politics to pursue 

the life of a gentleman farmer. 

Livingston turned his considerable energies to creating an estate near Elizabethtown (now Elizabeth), New 

Jersey. He constructed elaborate plans to turn "Liberty 

Han:• as he called his new home, into a showpiece of 

modern scientific agriculture. But this pleasant bucolic 

existence proved short-lived. When relations between the 

103 
colonies and Great Britain collapsed in 1774, Livingston's new neighbors promptly elected him to Essex 

County's Committee of Correspondence. He also joined 

New Jersey's delegation in the Continental Congress, 

where his legal and literary abilities made him an effective shaper of public opinion. In a particularly crucial 

moment in the fortunes of the Patriot cause, he won 

popular support for the declarations and decisions of 

these revolutionary bodies. 

The Soldier 

Livingston brought to the Revolution-in his capacity 

as both militia officer and state governor-the same 

boundless energy that characterized his earlier career as 

lawyer and Patriot politician. When New Jersey began 

organizing its defenses in late 1775, he joined the militia 

as brigadier general, the state's ranking officer. Livingston, however, insisted that the first regiments raised for 

Washington's Continental Army be commanded by 

more experienced men, while he concentrated on the less 

glamorous tasks of raising, organizing, and training the 

state's citizen-soldiers. These efforts contributed significantly to the later combat effectiveness of New Jersey's 

104 

WILLIAM LIVINGSTON 

New Jersey 

Birth: 30 November 1723, at Albany, New York 

Death: 25 July 1790, at Liberty Hall, Elizabethtown, New Jersey 

Interment: Greenwood Cemetery, Brooklyn, New 

York 

Oil, by John Wollaston (ca. 1750); courtesy of Fraunces Thvern 

Museum, New York City. 

units. 

On the eve of independence, Livingston left his seat in 

the Continental Congress to assume full-time military 

duties. When a massive buildup of British ships and 

troops in New York harbor indicated that a major invasion was imminent, Congress called on the states to reinforce Washington's outnumbered continentals. 

Livingston took to the field with New Jersey's militia 

contingent to secure the state's northern shoreline 

against any sudden enemy landing, break communication between the British and local Loyalists, and hunt 

for deserters. With the militia's headquarters located in 

nearby Elizabethtown, General Livingston used his own 

beloved Liberty Hall as a barracks for some of his men. 

Livingston's political gifts led to his assuming a wider 

role in the war. In August 1776 he resigned his military 

commission to become the first governor elected under 

the new state constitution. In his inaugural speech 

Livingston called on the people to show "a spirit of 

economy, industry and patriotism, and that public integrity and righteousness that cannot fail to exalt a nation, 

setting our faces like flint against that dissoluteness of 

manner and political corruptness that will ever be a reproach to any people." A delighted public immediately 
nicknamed the new governor "Doctor Flint." 

Wartime governors, especially committed men like 

Livingston who enjoyed political longevity (he was annually reelected to the position until his death) and who 

had good relations with General Washington, provided a 

link between the Continental Congress and the states. In 

many respects they served as local administrators for the 

national government. Livingston proved especially effective in providing vital support for New Jersey's contingent of regulars. His cooperation in sustaining the 

Continental Army during the critical middle years of the 

Revolution was an important factor in its survival. 

Governor Livingston did not shy from politically unpopular decisions. His insistence on treating those who 

remained loyal to the Crown with justice and moderation, for example, was resented by many Patriots. Actually his forbearance was quite remarkable, considering 

that his home was pillaged in 1776 and that a bounty 

was put on his head by the Loyalists. That bounty, and 

the widespread recognition of Livington's importance to 

the war effort, led to a number of dangerous personal 

encounters. The most dramatic occurred in February 

1779 when a thousand British troops, guided by local 

Tories, landed in the predawn darkness near Elizabethtown to capture Livingston and surprise the Continental brigade stationed nearby. Alert sentries detected 

the approaching British columns, and Livingston managed to escape just twenty minutes ahead of the enemy. 

Two of his daughters remained behind to mislead the 

British and hide official state papers. Confronted with a 

brigade of fully alerted continentals, the raiders quickly 

withdrew. Throughout these trying months Livingston's 

force of character prevented widespread public bitterness over constant enemy harassment from diluting the 

state's commitment to the cause of liberty. 

The Statesman 

Governor Livingston's greatest contribution to the future republic may well have been his work with the state 

militia. Livingston saw militia membership as a right, 

not a duty. He also knew that an effective body of citizen-soldiers eliminated the need for a large standing 

army, thus keeping the military under the firm control of 

the civilian government. To that end, he sought to upgrade the quality of state forces, providing them with the 

best available equipment and training them according to 

the manuals issued by General von Steuben, Washington's drillmaster. "Our militia:• he told von Steuben, "is 

composed of materials capable of being formed into as 

good Soldiers as any part of the World can produce; and 

disciplined upon your plan, would certainly constitute 

the best & most natural Defense of a republican state, 

against all hostile Invasion." His clear understanding of 

the different but equally important roles to be played by 

militia and regulars was translated through the new Constitution into the nation's laws. 

Livingston's wartime experiences convinced him that 

the Articles of Confederation were inadequate to guide 

the new nation. In the postwar years he spoke out 

strongly and repeatedly for the need to grant greater 

powers to the central government. In 1787 he led his 

state's delegation to the Constitutional Convention at 

Philadelphia. Livingston supported the efforts of the 

assembled delegates to create a new and stronger government despite the likelihood that the result would prove 

unpopular in a small state like New Jersey that feared 

domination by its larger neighbors. He put his trust in 

the belief that reasonable and patriotic men could eventually create a compromise that would protect everyone's 

interests. 

At first commil ~!d to the New Jersey Plan, that gave 

each state an equal voice in the new government, Livingston eventually accepted the Great Compromise, 

whereby the rights of the states were protected in a Senate that gave equal weight to each while the rights of the 

majority were recognized in a House of Representatives 

that reflected the relative population of the states. His 

own greatest personal compromise came as chairman of 

the committee that handled the explosive issue of slavery. Bitterly opposed to slavery himself, Livingston nevertheless subordinated his own feelings and hammered 

out a compromise that assured the Constitution's acceptance by the slave states. He was convinced that the 

Constitution would make possible the political and legislative processes by which slavery in the longer term 

could be peacefully eradicated. 

After the Convention, Livingston returned home to 

muster support for the critically important ratification 

vote. He led that battle, and was gratified by the speed 

with which his state registered its approval. In 1788, just 

two years before his death, his alma mater awarded him 

an honorary doctorate in recognition of his great service. 

Livingston was, in the words of a contemporary, "a 

man of first rate talents, ... equal to anything, from the 

extensiveness of his education and genius." In his case, 

he combined talent with the highest sense of public duty. 

By heritage an aristocrat, Livingston nevertheless fought 

with brilliance and selflessness for the rights of his fellow citizens. His career reached its culmination at the 

Constitutional Convention, where he helped translate 

the revolutionary idea that power should rest with the 

people into an enduring reality. 

105 
James McHenry, who represented Maryland at the 

Constitutional Convention, was a recent immigrant to 

America. Like many of those who would come after, he 

quickly developed a strong sense of patriotism, which he 

then demonstrated by volunteering to defend hjs new 

homeland. Less than five years after first landing in 

Philadelphia, McHenry, who included himself among 

those he called the "sons of freedom:• was serving with 

the Continental forces surrounding Boston. The young 

Irish immigrant proved to be a strong nationalist, focusing more on the concept of a united America than on 

loyalty to any one of the three colonies in which he had 

lived before the Revolution. From the beginrung, this 

nationalistic outlook led him to see "absolute independency" as the goal of the true Patriot. His experiences in 

the Army, including service on General George Washington's personal staff, convinced him that the only obstacles to nationhood were timidity among the citizenry 

and "disunion" among the states. Throughout a career 

of public service that lasted into the second decade of 

the new republic, he would forcefully and consistently 

uphold the ideal of a strong central government as embodied in the Constitution as the best guarantee against 

any such disunity or loss of national purpose in the 

future. 

The Patriot 

McHenry was born into a Scots-Irish family in the 

province of Ulster. Son of a prosperous merchant, he 

received a classical education in Dublin, an education 

continued in the New World at the Newark Academy 

(later the University of Delaware). McHenry, at eighteen, had been the first of his family to immigrate. 

While his relatives then went about establishing a prosperous import business in the expanding port of Baltimore, McHenry maintained his independent course by 

turning to the study of medicine. He spent two years in 

Philadelphia as an apprentice to one of America's foremost physicians, Dr. Benjamin Rush. The young student 

quickly acquired the skills and knowledge expected of 

an eighteenth-century doctor, but more important for 

the Revolutionary cause, he also received an important 

political education from Rush, one of Pennsylvania's 

leading opponents of British rule and a future signer of 

the Declaration of Independence. 

106 

McHenry came to accept the proposition that the 

breach between colonies and mother country could not 

be healed, and he offered his services to his adopted 

land when hostilities broke out in New England in 1775. 

McHenry, still a civilian, joined the American forces 

participating in the siege of Boston. He worked in the 

military hospital in Cambridge as a volunteer assistant 

surgeon, but before long he was asked to accept the 

demanding assignment of surgeon in one of the hospitals being established in northern New York to care for 

the wounded in the wake of an abortive American attack 

on Canada. Before reporting for duty, however, 

McHenry returned to Philadelphia to collect additional 

medical supplies. 

The Soldier 

Before the Continental Congress could confirm 

McHenry's appointment as an officer in the Hospital 

Department, Pennsylvania officials, probably at the 

suggestion of Dr. Rush, selected him to serve instead as 

the surgeon of a regiment recently raised in the eastern 

part of that colony by Colonel Robert Magaw. Once 

again McHenry left Philadelphia for the front, this time 

as a regular member of the 5th Pennsylvania Battalion. 

Unlike other Pennsylvania units that were assigned to 

the Flying Camp, Washington's mobile reserve force stationed in the northern New Jersey area, the 5th Pennsylvania, as a regular Continental unit, reported directly to 

New York City. Its mission was to construct and defend 

Fort Washington, an American outpost near the northern end of Manhattan Island. According to plans developed in Washington's headquarters, this stronghold was 

to deny the British full access to the city and to the 

Hudson River. The plans went awry. Overwhelming British and Hessian forces under General William Howe 

attacked the fort from three directions on the morning 

of 16 November 1776. Pushing forward despite fierce 

resistance by the outnumbered garrison, they forced Magaw to surrender. This defeat marked the beginning of a 

British campaign that would drive Washington back to 

the Delaware River, and to Valley Forge, the lowest ebb 

of the Continental Army's military fortunes during the 

war. 

McHenry missed the dramatic American victories at 

Trenton and Princeton that saved the Patriot cause. He 
was one of five physicians and some 2,000 soldiers who 

were captured by the British at Fort Washington. After 

spending some time caring for sick and wounded prisoners of war, he was paroled, in accord with the rules of 

eighteenth-century warfare, to his home while awaiting 

exchange. Only in March 1778 was he free to join the 

Continental Army again, at Valley Forge. There 

McHenry temporarily served with the Flying Hospital (a 

kind of Revolutionary War MASH) before coming to 

General Washington's personal attention. In May 1778 

the Commander in Chief selected him to serve as assistant secretary on his staff. McHenry remained on Washington's staff as a volunteer without rank or pay for two 

and a half years. During that period he saw action in the 

battles of Monmouth and Springfield, New Jersey, and 

became a valued member of Washington's immediate 

"military family;• along with men like Henry Knox, Alexander Hamilton, and the Marquis de Lafayette. 

McHenry's lifelong friendship with the dynamic Lafayette dated from this experience. Near the end of 1780 

he transferred to the Frenchman's staff, a change that 

led to a commission as a major. He served at Lafayette's 

side during the climactic campaign of the war. During 

the winter of 1780 Washington sent his light infantry 

JAMES MCHENRY 

Maryland 

Birth: 16 November 1753, at Ballymena, County 

Antrim, Ireland 

Death: 3 May 1816, at "Fayetteville;• Baltimore 

County, Maryland 

Interment: Westminster Presbyterian Churchyard, 

Baltimore, Maryland 

Pastel, by James Sharples, Sr. (c. 1795); Independence National 

Historical Park. 

units under Lafayette south on a forced march to Virginia. Their arrival was to coincide with that of a French 

fleet from Rhode Island in order to surprise British 

forces that were disrupting logistical bases established 

for General Nathanael Greene's Southern Army. Although the British eluded capture, Virginia became a 

new theater of war when Washington left Lafayette's 

units in the state to reinforce local militia and sent an 

additional force of Pennsylvania regulars under General 

Anthony Wayne. 

The stage was set for a major confrontation when 

Royal troops under General Charles Cornwallis marched 

north into Virginia. Throughout the summer Lafayette's 

militia and continentals shadowed Cornwallis and, although greatly outnumbered, engaged the British in minor disruptive actions. In July, for example, McHenry 

participated in a skirmish at Green Springs, near Jamestown. During this period McHenry's close personal 

friendship with Governor Thomas Sim Lee of Maryland 

also paid important dividends, for Lafayette's forces relied heavily on Maryland for logistical support, and 

McHenry's intercession with Lee ensured prompt delivery of materials to the Frenchman's units. 

When the British established a defensive position at 

107 
Yorktown, Washington saw an opportunity to win a decisive victory. He quickly moved his main army from 

New York, as a French fleet from the West Indies arrived 

to block any British escape by sea. Washington's brilliant concentration of forces trapped Cornwallis. A formal siege of Yorktown culminated with a bayonet attack 

on British positions during the night of 14 October. 

Cornwallis' surrender brought the active military phase 

of the war to an end. 

The Statesman 

McHenry resigned his commission at the end of 1781 

to enter Maryland politics. Elected to the state legislature, he served for thirteen years, using this forum to 

argue the cause of federalism. Between 1783 and 1786 he 

sat in the Continental Congress, and in the following 

year he represented Maryland at the Constitutional Convention in Philadelphia. Although he played no leading 

part in the deliberations of the Convention, McHenry 

continued to support the call for a strong central government. His military staff training was reflected in his 

meticulous notes of the Convention's proceedingsnotes that have proved invaluable for generations of 

American historians. 

In 1796 President Washington once again called on 

his old wartime aide, this time to assume the duties of 

Secretary of War. McHenry, who would preside over the 

Army under both Washington and John Adams, was the 

third of seven Continental soldiers to hold that position. 

His immediate goal was to transform the isolated western military garrisons into an efficient and economical 

fighting force capable of protecting the new nation's 

frontiers against the Indian tribes. During the next two 

years he largely succeeded in regularizing military procedures, organizing the chaotic military supply system, 

and subordinating the military establish111ent to his authority as the civilian Secretary. 

In 1798, however, the possibility of war with France 

brought the Army to a critical period in its history, when 

the question of establishing a permanently organized 

fighting force became a topic of much debate in Congress. McHenry took the lead in defending the need to 

establish a 20,000-man Army to meet the immediate 

threat. The opposition saw this "provisional" force as 

nothing less than a large standing army, which they considered inimical to the interests of a free people. A man 

of McHenry's political and military experience saw the 

situation differently. Th refuse to take adequate military 

measures, he warned a generally reluctant Congress, 

"would be to offer up the United States a certain prey to 

France." His arguments prevailed, and Congress eventually approved the creation of twelve new regiments of 

regulars. 

108 

Although inexperienced in the administration of large 

military organizations, McHenry struggled valiantly 

with the task of building a disciplined, professional 

Army, a task complicated by a separate controversy in 

regard to civilian control of military affairs. McHenry's 

dedication to strong central government led him to advocate civilian leadership, a democratic ideal held by 

many of the citizen-soldiers of the Revolution, including 

most notably George Washington. But in McHenry's 

case the concept was put to the practical test as newly 

appointed generals, including his friend Hamilton and 

the controversial James Wilkinson, vied to control military appointments and organizational plans for the provisional Army. His own military experience had taught 

McHenry the importance of the dedicated professional 

officer, and as Secretary he added his voice to those 

demanding a military academy to train officers. But his 

experiences in the Continental Army had also convinced 

him of the danger of soldiers meddling in the decisions 

of a democratic government. His forthright stand 

against his impetuous generals and their political allies 

not only enhanced the powers of the civilian Secretary 

of War but also marked McHenry's most important 

service to his country. 

McHenry continued in office for some months after 

the threat of war with France ended in 1800, but disputes 

with Adams over the future of the Federalist party finally made his presence in the cabinet untenable. His 

last years were spent in quiet retirement at his Maryland 

estate, "Fayetteville,'' named after his general at 

Yorktown. As a staunch Federalist, he opposed America's slide into war in 1812, although he lived to see his 

son follow in his footsteps as a wartime volunteer. Ironically, the son participated in the 1814 defense of the 

Baltimore fort named for his father, the battle which 

inspired Francis Scott Key to write the "Star-Spangled 

Banner." 
Thomas Mifflin, who represented Pennsylvania at the 

Constitutional Convention, seemed full of contradictions. Although he chose to become a businessman and 

twice served as the chief logistical officer of the Revolutionary armies, he never mastered his personal finances. 

A Quaker with strong pacifist beliefs, he helped organize Pennsylvania's military forces at the outset of the 

Revolution and rose to the rank of major general in the 

Continental Army. Despite his generally judicious deportment, contemporaries noted his "warm temperament" that led to frequent quarrels, including one with 

George Washington that had national consequences. 

Throughout the twists and turns of a checkered career 

Mifflin remained true to ideas formulated in his youth. 

Believing mankind an imperfect species composed of 

weak and selfish individuals, he placed his trust on the 

collective judgment of the citizenry. As he noted in his 

schoolbooks, "There can be no Right to Power, except 

what is either founded upon, or speedily obtains the 

hearty Consent of the Body of the People." Mifflin's 

service-during the Revolution, in the Constitutional 

Convention, and, more importantly, as governor during 

the time when the federal partnership between the states 

and the national government was being worked outcan only be understood in the context of his commitment to these basic principles and his impatience with 

those who failed to live up to them. 

The Patriot 

Mifflin was among the fourth generation of his family 

to live in Philadelphia, where his Quaker forebears had 

attained high rank. His father served as a city alderman, 

on the Governor's Council, and as a trustee of the College of Philadelphia (today's University of Pennsylvania). Mifflin attended local grammar schools and 

graduated in 1760 from the College. Following in his 

father's footsteps, he then apprenticed himself to an important local merchant, completing his training with a 

year-long trip to Europe to gain a better insight into 

markets and trading patterns. In 1765 he formed a partnership in the import and export business with a younger brother. 

Mifflin married a distant cousin, and the young 

couple- witty, intelligent, and wealthy- soon became 

an ornament in Philadelphia's highest social circles. In 

1768 Mifflin joined the American Philosophical Society, 

serving for two years as its secretary. Membership in 

other fraternal and charitable organizations soon followed. Associations formed in this manner quickly 

brought young Mifflin to the attention of Pennsylvania's 

most important politicians, and led to his first venture 

into politics. In 1771 he won election as a city warden, 

and a year later he began the first of four consecutive 

terms in the colonial legislature. 

Mifflin's business experiences colored his political 

ideas. He was particularly concerned with Parliament's 

taxation policy and as early as 1765 was speaking out 

against London's attempt to levy taxes on the colonies. 

A summer vacation in New England in 1773 brought 

him in contact with Samuel Adams and other Patriot 

leaders in Massachusetts, who channeled his thoughts 

toward open resistance. Parliament's passage of the Coercive Acts in 1774, designed to punish Boston's merchant community for the Tea Party, provoked a storm of 

protest in Philadelphia. Merchants as well as the common workers who depended on the port's trade for their 

jobs recognized that punitive acts against one city could 

be repeated against another. Mifflin helped to organize 

the town meetings that led to a call for a conference of 

all the colonies to prepare a unified position. 

In the summer of 1774 Mifflin was elected by the 

legislature to the First Continental Congress. There, his 

work in the committee that drafted the Continental Association, an organized boycott of English goods 

adopted by Congress, spread his reputation across 

America. It also led to his election to the Second Continental Congress, which convened in Philadelphia in the 

aftermath of the fighting at Lexington and Concord. 

The Soldier 

Mifflin was prepared to defend his views under arms, 

and he played a major role in the creation of Philadelphia's military forces. Since the colony lacked a militia, 

its Patriots turned to volunteers. John Dickinson and 

Mifflin resurrected the so-called Associators (a volunteer force in the colonial wars, perpetuated by today's 

lllth Infantry, Pennsylvania Army National Guard). 

Despite a lack of previous military experience, Mifflin 

was elected senior major in the city's 3d Battalion, a 

commission that led to his expulsion from his Quaker 

109 
church. 

Mifflin's service in the Second Continental Congress 

proved short-lived. When Congress created the Continental Army as the national armed force on 14 June 

1775, he resigned, along with George Washington, 

Philip Schuyler, and others, to go on active duty with 

the regulars. Washington, the Commander in Chief, selected Mifflin, now a major, to serve as one of his aides, 

but Mifflin's talents and mercantile background led almost immediately to a more challenging assignment. In 

August, Washington appointed him Quartermaster General of the Continental Army. Washington believed that 

Mifflin's personal integrity would protect the Army 

from the fraud and corruption that too often characterized eighteenth-century procurement efforts. MiffHn, in 

fact, never used his position for personal profit, but 

rather struggled to eliminate those abuses that did exist 

in the supply system. 

As the Army grew, so did Mifflin's responsibilities. 

He arranged the transportation required to place heavy 

artillery on Dorchester Heights, a tactical move that 

ended the siege of Boston. He also managed the complex logistics of moving troops to meet a British thrust at 

New York City. Promoted to brigadier general in recog110 

THOMAS MIFFLIN 

Pennsylvania 

Birth: 10 January 1744, at Philadelphia, Pennsylvania 

Death: 20 January 1800, at Lancaster, Pennsylvania 

Interment: 1iinity Lutheran Church Cemetery, 

Lancaster, Pennsylvania 

Oil, by Charles Willson Peale (1784); Independence National 

Historical Park. 

nition of his service, MiffHn nevertheless increasingly 

longed for a field command. In 1776 he persuaded 

Washington and Congress to transfer him to the infantry. Mifflin led a brigade of Pennsylvania continentals 

during the early part of the New York City campaign, 

covering Washington's difficult nighttime evacuation of 

Brooklyn. 'froubles in the Quartermaster's Department 

demanded his return to his old assignment shortly afterwards, a move which bitterly disappointed him. He also 

brooded over Nathanael Greene's emergence as Washington's principal adviser, a role which Mifflin coveted. 

Mifflin's last military action came during the 'frentonPrinceton campaign. As the Army's position in northern 

New Jersey started to crumble in late November 1776, 

Washington sent him to Philadelphia to lay the groundwork for a restoration of American fortunes. Mifflin 

played a vital, though often overlooked, role in mobilizing the Associators to reinforce the continentals and in 

orchestrating the complex resupply of the tattered 

American forces once they reached safety on the Pennsylvania side of the Delaware River. These measures gave 

Washington the resources to counterattack. MiffHn saw 

action with the Associators at Princeton. His service in 

the campaign resulted in his promotion to major gen-
eral. 

Mifflin tried to cope with the massive logistical workload caused by Congress' decision in 1777 to expand the 

Continental Army. Congress also approved a new organization of the Quartermaster's Department, but Mifflin had not fully implemented the reforms and changes 

before Philadelphia fell. Dispirited by the loss of his 

home and suffering from poor health, Mifflin now attempted to resign. He also openly criticized Greene's 

advice to Washington. These ill-timed actions created a 

perception among the staff at Valley Forge that Mifflin 

was no longer loyal to Washington. 

The feuding among Washington's staff and a debate 

in Congress over war policy led to the so-called Conway 

Cabal. A strong faction in Congress insisted that success 

in the Revolution could come only through heavy reliance on the militia. Washington and most of the Army's 

leaders believed that victory depended on perfecting the 

training and organization of the continentals so that 

they could best the British at traditional European warfare. This debate came to a head during the winter of 

1777- 78, and centered around the reorganization of the 

Board of War, Congress' administrative arm for dealing 

with the Army. Mifflin was appointed to the Board because of his technical expertise, but his political ties 

embroiled him in an unsuccessful effort to use the Board 

to dismiss Washington. This incident ended Mifflin's influence in military affairs and brought about his own 

resignation in 1779. 

The Statesman 

Mifflin lost little time in resuming his political career. 

While still on active duty in late 1778 he won reelection 

to the state legislature. In 1780 Pennsylvania again sent 

him to the Continental Congress, and that body elected 

him its president in 1783. In an ironic moment, "President" Mifflin accepted Washington's formal resignation 

as Commander in Chief. He also presided over the ratification of the Treaty of Paris, which ended the Revolution. Mifflin returned to the state legislature in 1784, 

where he served as speaker. In 1788 he began the first of 

two one-year terms as Pennsylvania's president of council, or governor. 

Although Mifflin's fundamental view of government 

changed little during these years of intense political activity, his war experiences made him more sensitive to 

the need for order and control. As Quartermaster General, he had witnessed firsthand the weakness of Congress in dealing with feuding state governments over 

vitally needed supplies, and he concluded that it was 

impractical to try to govern through a loose confederation. Pennsylvania's constitution, adopted in 1776, very 

narrowly defined the powers conceded to Congress, and 

during the next decade Mifflin emerged as one of the 

leaders calling for changes in those limitations in order 

to strike a balanced apportionment of political power 

between the states and the national government. 

Such a system was clearly impossible under the Articles of Confederation, and Mifflin had the opportunity 

to press his arguments when he represented Pennsylvania at the Constitutional Convention in 1787. Although 

his dedication to Federalist principles never wavered during the deliberations in Philadelphia, his greatest service 

to the Constitution came later when, as the nationalists' 

primary tactician, he helped convince his fellow Pennsylvanians to ratify it. 

Elected governor under the new state constitution in 

1790, Mifflin served for nine years, a period highlighted 

by his constant effort to minimize partisan politics in 

order to build a consensus. Although disagreeing with 

the federal government's position on several issues, Mifflin fully supported Washington's efforts to maintain the 

national government's primacy. He used militia, for example, to control French privateers who were trying to 

use Philadelphia as a base in violation of American neutrality. He also commanded Pennsylvania's contingent 

called out in 1794 to deal with the so-called Whiskey 

Rebellion, even though he was in sympathy with the 

economic plight of the aroused western farmers. 

In these incidents Mifflin regarded the principle of 

the common good as more important than transitory 

issues or local concerns. This same sense of nationalism 

led him to urge the national government to adopt policies designed to strengthen the country both economically and politically. He led a drive for internal 

improvements to open the west to eastern ports. He 

prodded the government to promote "National felicity 

and opulance ... by encouraging industry, disseminating knowledge, and raising our social compact upon the 

permanent foundations of liberty and virtue." In his 

own state he devised a financial system to fund such 

programs. He also took very seriously his role as commander of the state militia, devoting considerable time 

to its training so that it would be able to reinforce the 

Regular Army. 

Mifflin retired in 1799, his health debilitated and his 

personal finances in disarray. In a gesture both apt and 

kind, the commander of the Philadelphia militia (perpetuated by today's lllth Infantry and 103d Engineer 

Battalion, Pennsylvania Army National Guard) resigned 

so that the new governor might commission Mifflin as 

the major general commanding the state's senior contingent. Voters also returned him one more time to the state 

legislature. He died during the session and was buried at 

state expense, since his estate was too small to cover 

funeral costs. 

111 
Gouverneur Morris, who represented Pennsylvania at 

the Convention in Philadelphia in 1787, was the author 

of much of the Constitution. The noble phrases of that 

document's Preamble-"We the People of the United 

States, in order to form a more perfect Union"-sprang 

from his gifted mind, and, like the finely wrought 

clauses that followed, clearly mirrored his personal political philosophy. Morris was perhaps the most outspoken nationalist among the Founding Fathers. 

Although born into a world of wealth and aristocratic 

values, he had come to champion the concept of a free 

citizenry united in an independent nation. In an age 

when most still thought of themselves as citizens of their 

sovereign and separate states, Morris was able to articulate a clear vision of a new and powerful union. He was, 

as Theodore Roosevelt later put it, "emphatically an 

American first." 

Morris witnessed two of history's greatest revolutions, 

and both had a profound influence on his idea of government. His service as a soldier and as a key member of 

the Continental Congress during the American Revolution convinced him that a strong central government was 

needed to preserve and enhance the liberties and boundless opportunities won in the war. As ambassador to 

Paris during the cataclysmic French Revolution, he came 

to fear the excesses of power that could be perpetrated in 

the name of liberty. Influenced by these events, he would 

later reject what he saw as unjustified assertions of authority by his own government. 

Morris was an indifferent politician. His career suffered repeatedly from his frankness and impulsive and 

caustic tongue. Nevertheless, his personal contribution 

to the cause of union exceeded that of many of his colleagues. Devoted to the ideal of a united country, he 

fought wholeheartedly for it despite his certainty that 

the new political and social order he was helping to 

shape would have little use for patricians like himself. 

The Patriot 

The Morris family of New York, descended from 

Welsh soldiers, represented the closest thing to an aristocracy that could be found in colonial America. Morris' father had inherited a large manor in Westchester 

County, but his economic and political interests extended to nearby colonies as well. He raised two fami112 

lies. Gouverneur, the only son of the second marriage, 

knew that he would inherit only a small share of the 

estate and would have to work to retain the comforts and 

privileges of his forebears. 

Morris attended local preparatory schools, and then 

enrolled at King's College (now Columbia University) in 

New York City at the age of twelve. Here the young 

scholar, displaying flashes of academic brilliance, along 

with a streak of laziness, graduated in 1768. His speech 

on receiving a master's degree in 1771 reflected the ideals 

of his Enlightenment education as well as his own emerging political philosophy when he asserted that "love 

of country, for a British subject, is based on the solid 

foundation of liberty." 

Morris was admitted to the bar after three years of 

study with William Smith, one of New York's leading 

legal minds and a strong opponent of British policies 

toward the colonies. The new lawyer's social status, 

combined with his natural wit and aristocratic grace, 

gave him ready access to the colony's leaders. His mentor, who had successfully instilled in Morris a greater 

sense of mental discipline, urged him to exploit these 

contacts and introduced him to rising young Patriots like 

John Jay and Alexander Hamilton. 

Morris' political career began in 1775 when he was 

elected to represent the family manor in New York's 

Provincial Congress, an extralegal assembly organized 

by the Patriots to direct the transition to independence. 

He soon discovered that the cauldron of revolutionary 

events imposed a personal choice from which there 

could be no drawing back. Class identity and family ties 

should have inclined him away from revolution. Morris' 

half-brother was a senior officer in the British Army, his 

mother remained a staunch Loyalist, and Smith, now 

with almost a father's influence, has precipitously abandoned the Patriot cause when he saw it heading toward 

independence. Like many of his contemporaries, however, Morris adhered to the principle that, as he put it, 

"in every society the members have a right to the utmost 

liberty that can be enjoyed consistent with the general 

safety." 

The Soldier 

Morris could have avoided military service. He was 

physically handicapped- scalding water had badly dam-
aged his right arm in a childhood accident-and as a 

legislator he was automaticaJly exempted from militia 

duty. But he viewed active service as a moral obligation 

and joined one of the special militia companies proliferating in New York City. These units, predecessors of the 

modern National Guard, trained in uniforms the members purchased themselves and acted as the city's Minutemen. By early 1776 they formed two complete 

regiments. Morris was asked to serve as second in command in his regiment, but withdrew when it declined 

transfer to the Continental Army. 

Morris' major contribution to the Patriot cause lay in 

the political realm. As a member of the Provincial Congress, he concentrated on the formidable task of transforming the colony into an independent state. The new 

state's constitution was largely his work. He also displayed hitherto unsuspected financial skills, emerging as 

chairman of the legislature's Ways and Means Committee, which was charged with funding the state's war effort. This newfound interest in detail and his willingness 

to undertake hard work led to numerous other assignments, including revitalizing the militia and restraining 

suspected Loyalists. His knack for providing a political 

solution to military problems led to a series of special 

GOUVERNEUR MORRIS 

Pennsylvania 

Birth: 31 January 1752, at "Morrisania:• Westchester County, New York 

Death: 6 November 1816, at Morrisania, New York 

Interment: St. Anne's Episcopal Church Cemetery, 

The Bronx, New York 

Pastel, by James Sharples, Sr. (1810); Independence National 

Historical Park. 

missions. In May 1776 the state picked him to coordinate 

defense measures with both George Washington's main 

army and the Continental Congress. When the British 

invaded New York City and overran much of Westchester County in the fall, Morris found himself a refugee. 

His mother, whom he would not see for seven years, 

turned the family estate over to the enemy for military 

use. During this campaign his old regiment saw duty, 

and Morris probably rejoined it as a volunteer. 

In 1777 he served as a member of the New York Committee of Safety. In this capacity Morris visited the 

northern front in the aftermath of the British capture of 

Fort Ticonderoga to coordinate state support of the continentals operating in that area, and then journeyed to 

Washington's headquarters to plead for reinforcements. 

In October he again took to the field as a militia volunteer, serving as an aide to Governor George Clinton during the unsuccessful American defense of the strategic 

Hudson Highlands fortifications. 

Since his home was in enemy-occupied territory, Morris was ineligible to seek election to the new legislature. 

He rejected appointment to that body as an undemocratic procedure, but agreed to serve as a delegate to the 

Continental Congress. His major contribution to the 

113 
American military effort began on 20 January 1778, the 

day he took his seat in Congress, when he was selected to 

serve on a committee being sent to Valley Forge to coordinate military reforms with Washington. The sight of 

the troops in the snow-be called them "an army of 

skeletons ... naked, starved, sick, discouraged"-

shocked him, for he considered the continentals "the 

heart of America." Morris threw himself into this organizational work, serving as the Continental Army's 

spokesman in Congress. His support for Washington, 

Nathanael Greene, and Frederick von Steuben contributed directly to the success of the training and structural 

reforms thrashed out in the snows of Valley Forge and in 

the meeting rooms of Congress. 

Other assignments quickly established him as a leading proponent of stronger central authority, but these 

nationalist views were more advanced than the thinking 

of most of his New York constituents. This growing 

estrangement, compounded by his often unstatesmanlike frankness and sarcasm, cost him reelection to Congress in 1779. Political rejection led him to resettle in 

Philadelphia, where he took up the life of lawyer and 

merchant. His interest in financial matters led to an association with the noted Patriot financier Robert Morris 

(no relation), and when the latter was appointed in 1781 

as Minister of Finance-a sort of treasury secretary under the Articles of Confederation- Gouverneur Morris 

became his assistant. Together the two men participated 

in the informal cabinet system that arose during the 

closing years of the war. Through their efforts, Congress' finances were stabilized and logistical arrangements were successfully made for the crucial Yorktown 

campaign. In 1782 Morris introduced the idea of decimal coinage (he invented the word "cent") that later 

became the basis of the nation's currency. 

The Statesman 

During the years immediately following the Revolution, Morris continued to live and work in Philadelphia, 

although he visited the family estate and reconciled with 

his mother. In fact, he made a special effort to encourage former Loyalists to participate in political affairs, 

arguing that as Americans they should cast their lot with 

the new nation. Although he remained a leading spokesman for nationalist issues, he seemed genuinely surprised when the Pennsylvania legislature selected him to 

represent the state at the Constitutional Convention. 

The sessions of the Convention held in Philadelphia 

during the summer and early fall of 1787 represented the 

high point of Morris' public career. He went to the Convention viewing himself not just as a delegate from a 

particular state or even as an American, but, in his own 

words, "in some degree as a representative of the whole 

ll4 

human race." For once in his life he avoided the bluntness and sarcasm that so often had diluted his usefulness 

to the cause of nationalism. He employed his considerable social and verbal skills to help smooth over issues 

that threatened to divide the delegates, and then subtly 

used his position as primary draftsman to strengthen the 

final version of the Constitution (much as Jefferson had 

done as author of the Declaration of Independence). 

During the Convention debates, he defended ideas that 

had been associated with him ever since he had helped 

write the New York constitution in 1776: religious liberty, opposition to slavery, the right of property as the 

foundation of society, the rule of law, and the consent of 

the governed as the basis of government. His aims were 

ambitious and reflected his vision of a government that 

would serve as an example to the rest of the world. 

Morris' later career never matched the level attained 

at the Convention. In 1789 he left for Europe on business, where he remained for a decade. During that time 

he twice served the new government. In 1790 he acted as 

a diplomatic agent for President Washington in London 

to resolve issues left unsettled by the peace treaty. He 

later replaced Jefferson as ambassador to France, then 

in the throes of its own revolution. Neither mission 

proved successful, although he did display great personal courage as the only diplomat who refused to flee 

Paris during the bloody Reign of Thrror. 

Morris returned to New York in 1798, settling in the 

family manor that he had purchased from an older 

brother. He became active in the Federalist party, allying 

himself with his friend Alexander Hamilton. The party 

secured his appointment to fill an unexpired term in the 

United States Senate, but he lacked the political popularity to win the position in his own right at the next 

election. Once again a private citizen, he helped lead the 

effort to create the Erie Canal, a project that dramatically altered the history of western development. 

During the last decade of his life Morris became increasingly disenchanted with the policies of President 

Jefferson and his successors. Although he supported the 

purchase of the vast Louisiana Territory, he was particularly virulent in his condemnation of the government's 

restrictive economic policies and controls during the 

War of 1812. But no matter how angry he became with 

the new generation of political leaders, he never lost 

sight of the values of nationhood. In 1802 Morris summarized his best sentiments in a letter to fellow signer 

John Dickinson: "In adopting a republican form of government, I not only took it as a man does his wife, for 

better for worse, but what few men do with their wives, I 

took it knowing all its bad qualities." 
Charles Pinckney, who represented South Carolina at 

the Constitutional Convention, was an ardent apostle of 

the rights of man. He dedicated his considerable political and legal talents to the establishment of a strong 

national government so that, as he put it to his fellow 

South Carolinians, "the effects of the Revolution may 

never cease to operate:' but continue to serve as an example to others "until they have unshackled all the nations that have firmness to resist the fetters of 

despotism." 

These ringing sentiments, perhaps easily explained as 

the idealism of a youthful veteran of the Revolution, 

nonetheless represented a very serious concern on Pinckney's part that his fellow citizens were growing complacent since their victory over Britain. While many 

politicians, enjoying the fruits of independence, celebrated the sovereignty of the individual states, Pinckney 

was among those who perceived a clear and present danger in allowing a weak confederation of the states to lead 

the new nation that had emerged from the Revolutionary 

War. He worked unceasingly for an effective and permanent union of the states because his own experiences in 

the Revolution and as a member of the Continental 

Congress had reinforced his conviction that only a 

strong central government could provide the economic 

and military strength essential to prosperity and security. 

Unlike some of his prominent colleagues, Pinckney saw 

little to fear in a powerful government. He agreed with 

the Federalists that the rights of the citizen would be 

protected under the Constitution since it recognized that 

the government's power came from the people and that 

the government remained in all things accountable to the 

people. 

The Patriot 

The Pinckneys were one of South Carolina's oldest 

and most distinguished families, and successive generations made a significant contribution to the development of the new nation. The family had arrived in 

America in 1692, and Pinckney's great-grandfather, a 

wealthy English gentleman, quickly established an enduring base of political and economic power. Pinckney's 

father, a rich planter and lawyer with an extensive practice in Charleston, rose to the rank of colonel in the state 

militia and was a prominent leader within the colonial 

assembly. 

Unlike his famous cousins- and fellow PatriotsCharles Cotesworth and Thomas Pinckney, Charles 

Pinckney was not educated abroad. Instead, his parents 

arranged for his private tutoring under the direction of a 

noted South Carolina scholar and author, Dr. David Oliphant. Through Oliphant's instruction, the new political 

currents circulating around Pinckney's cousins at Oxford and at the Inns of Court also touched the young 

man in Charleston. Oliphant was among those Enlightenment scholars who were successfully and eloquently 

instilling in their students a political philosophy that 

viewed government as a solemn social contract between 

the people and their sovereign, with each possessing certain inalienable rights that government was obliged to 

protect. If government failed to fulfill the contract, the 

people had a right to form a new government. 

Oliphant also imparted to Pinckney a love of scholarship that led over the years to a mastery of five languages, the accumulation of a personal library of over 

two thousand volumes, and, at the age of thirty, to an 

honorary degree from the College of New Jersey (now 

Princeton University). When Pinckney left Oliphant's 

care, he concluded his formal education by studying law 

under his father's personal direction. He was admitted 

to the South Carolina bar in 1779 while still in his 

twenty-first year. 

Pinckney, however, never saw a career in the law as his 

major vocation. Coming of age in the midst of the Revolution, the gifted young scholar turned naturally to politics. His neighbors obliged by electing him to a seat in 

the South Carolina legislature. But where the elder 

Pinckney had been a cautious and somewhat hesitant 

member of various legislative and administrative bodies 

that led South Carolina into the Revolution, the son was 

a wholehearted Patriot. Again unlike his father, who 

would later repudiate the Revolution and seek a Royal 

pardon, Pinckney never wavered in his dedication to the 

cause. 

The Soldier 

By late 1778 the King's ministers found themselves 

facing new difficulties in North America. George Washington's main force of increasingly well trained and well 

supplied continentals had frustrated a series of British 

115 
generals to produce a virtual military stalemate. France's 

entry into the war on the colonial side had also forced 

the Royal Army to stretch resources to meet contingencies in other areas, not just in North America. 

British leaders were forced to adopt a new plan of 

action, their "southern strategy." They proposed to attack northward from a base of operations in Florida, 

while continuing to tie down Washington's main force 

around Philadelphia. They would conquer the southern 

states one at a time, using local Loyalists to garrison 

newly captured areas as the Royal forces pushed ever 

further north. The first phase in this new plan began 

with a lightning attack on Savannah, which British 

forces captured in December 1778. 

With the enemy approaching, Pinckney lost no time 

in taking up arms. In 1779 he accepted election as a 

lieutenant in the Charleston Regiment of South Carolina's militia and quickly learned the responsibilities that 

went with serving as a citizen-soldier. His regiment 

turned out with other state units to meet and repulse the 

first tentative British move up from Georgia that summer, and then joined in a counterattack. It was an international campaign. French warships and troops under 

the command of the Comte d'Estaing sailed north from 

116 

CHARLES PINCKNEY 

South Carolina 

Birth: 26 October 1757, at Charleston, South Carolina 

Death: 29 October 1824, at Charleston, South 

Carolina 

Interment: St. Philip's Episcopal Churchyard, 

Charleston, South Carolina 

Oil on canvas, attributed to Gilbert Stuart (1786); New York 

State Office of Parks, Recreation and Historic Preservation. 

operations in the Caribbean in the early fall of 1779 to 

link up with a combined force of Continental regulars 

and mobilized militiamen under the command of Major 

General Benjamin Lincoln. These forces met outside Savannah and began a formal siege of the surrounded British garrison. Unlike the later victory at Yorktown, time 

ran out on the allies at Savannah. Under pressure to 

return to France, d'Estaing persuaded Lincoln to launch 

a direct assault on the enemy's earthworks. Pinckney 

was in the heart of the doomed attack and witnessed the 

heavy casualties that resulted. 

The British soon reinforced the garrison, and by early 

1780 Lincoln's men had been pushed back to Charleston. Redcoats, Hessians, and Loyalists then began a 

siege of their own, pounding the city with heavy artillery 

and choking off its food supply. On 12 May, Lincoln's 

army surrendered in what was the single worst defeat 

suffered by Americans in the Revolution. Unlike the 

continentals, who were imprisoned in a disease-ridden 

camp in Charleston harbor, Pinckney and his fellow citizen-soldiers were allowed to return home after promising not to fight again until they were formally 

exchanged. Because of his family's prominence and his 

own political importance, Pinckney came under intense 
pressure from the British, who hoped to induce him to 

renounce the Patriot cause. But the young officer resisted the British propaganda, and with the tide of war 

turning against them in 1781, his captors revoked his 

parole and incarcerated him- and other militia officers 

who refused to swear allegiance to King George- with 

the Continental officers. A general exchange of prisoners finally secured his repatriation. 

The Statesman 

Though retaining his position in the militia, Pinckney 

retired from active service to resume his duties in the 

South Carolina legislature, where he continued to represent various districts until 1796. Meanwhile, his colleagues called on him in 1784 to represent the state in the 

Continental Congress, a post he held for three successive 

terms. Pinckney's service in the postwar Continental 

Congress served to reinforce the lessons he had learned 

as a militiaman during the Revolution- that the problems facing America were too large to be met by the 

states individually but demanded the close cooperation 

of all the states if they were to be overcome. He pressed 

for measures that would strengthen the central government, traveling widely to preach the need for concerted 

action, especially in regard to commerce and the discharge of war debts. In 1786 he was among those in 

Congress to call for a strengthening of the federal authority to raise revenues, and in 1787 he led the fight for 

the appointment of a "general committee" to amend the 

Articles of Confederation, a move that led directly to the 

Constitutional Convention. 

Chosen to represent South Carolina at the Convention, Pinckney arrived in Philadelphia with many specific proposals in hand. In fact, he was one of several 

members who submitted draft constitutions for the Convention's deliberation. Although the second youngest of 

those who would sign the Constitution, Pinckney stood 

out as one of the most active members of the Convention- in formulating working procedures, in attending 

committee sessions, and in speaking frequently and convincingly during the long process of hammering out 

compromises. Over thirty of the Constitution's provisions can be traced directly to his pen, and his personal 

experience in the Revolution clearly influenced his support of others. Among the more important issues for 

which he fought was the subordination of the military to 

civil authority. This principle was made explicit in the 

provision that declared the President Commander in 

Chief and retained for Congress, the branch of government most directly representing the will of the people, 

the power to declare war and maintain military forces. 

Defending his position on this sensitive subject, Pinckney once expressed to South Carolina's voters his inability to understand how anyone, considering the nation's 

recent experiences, could fail to perceive the need for 

"regular military forces." Only the timid would oppose 

it, he concluded, for although the Constitution made 

the President the Commander in Chief, it also guaranteed that "he can neither raise nor support forces by his 

own authority." Pinckney also tried, unsuccessfully, to 

include in the Constitution some explicit guarantees 

concerning trial by jury and freedom of the press- measures that would later be enshrined in the Bill of Rights. 

Pinckney returned to South Carolina to serve as the 

floor manager for the nationalist forces in the state's 

convention that ratified the Constitution in 1788, and 

then chaired a second assembly that drafted a new state 

constitution along the lines laid out in Philadelphia. In 

between, he won the first of several terms as governor. 

Although Pinckney associated in Philadelphia with 

many future leaders of the Federalist party, his nationalist sentiments were more compatible with those expressed by Thomas Jefferson and James Madison. As a 

result, he served as the manager in South Carolina of 

Jefferson's successful campaign for President in 1800 

and supported Jefferson's program during a brief term 

in the United States Senate before resigning in 1801 to 

become ambassador to Spain, where he helped negotiate 

the Louisiana Purchase. 

Pinckney returned home in 1804 to resume an active 

political career in the state legislature and, in 1806, as 

governor for a fourth term. As governor he supported 

an amendment to the state constitution to increase representation from the frontier regions and pressed for measures that would eventually lead to universal white male 

suffrage. Pinckney retired from politics in 1814 to attend 

to his personal finances, which had been eroded by years 

of absence on public service, and to promote a number 

of educational and charitable endeavors. But in 1818 he 

responded to the pleas of his political allies and ran for 

office one last time, winning a seat in the House of 

Representatives. 

Few Founding Fathers could match Pinckney's record 

of service to the nation and his state. Nor were many 

driven by so strong and clear a political philosophy. "We 

have already taught some of the oldest and wisest nations to explore their rights as men:' he once told his 

fellow citizens. The idea that a free citizenry should control its own destiny through a strong, elected government had served as the consistent guiding principle in 

the long and fruitful career of this citizen-soldier and 

statesman. 

117 
Charles Cotesworth Pinckney, who represented South 

Carolina at the Constitutional Convention, was an 

American aristocrat. Like other first families of South 

Carolina, whose wealth and social prominence could be 

traced to the seventeenth century, the Pinckneys maintained close ties with the mother country and actively 

participated in the Royal colonial government. Nevertheless, when armed conflict threatened, Pinckney rejected Loyalist appeals and embraced the Patriot cause. 

Pragmatically, his decision represented an act of allegiance to the mercantile-planter class of South Carolina's seaboard, which deeply resented Parliament's 

attempt to institute political and economic control over 

the colonies. Yet Pinckney's choice also had a philosophical dimension. It placed him among a small group 

of wealthy and powerful southerners whose profound 

sense of public duty obliged them to risk everything in 

defense of their state and the rights of its citizens. In 

Pinckney's case this sense of public responsibility was 

intensified by his determination to assume the mantle of 

political and military leadership traditionally worn by 

members of his family. 

Balancing this allegiance to his native state, Pinckney 

also became a forceful exponent of nationalism during 

the Revolutionary War. Unlike many of his contemporaries, who generously responded only when their own 

states were in danger, Pinckney quickly came to grasp 

the necessity for military cooperation on a national 

scale. No state was truly safe, he reasoned, unless all the 

states were made safe. This belief, the product of his 

service in the Continental Army, easily translated into a 

spirited defense of strong national government after the 

war. 

The Patriot 

As a boy, Pinckney witnessed firsthand the close relationship between the colonial elite and the British. His 

father was the colony's chief justice and also served as a 

member of its Royal Council; his mother was famous in 

her own right for introducing the cultivation of indigo, 

which rapidly became a major cash crop in South Carolina. In 1753 the family moved to London where the 

elder Pinckney served as the colony's agent, in effect, as 

a lobbyist protecting colonial interests in political and 

commercial matters. Charles Cotesworth Pinckney en118 

rolled in the famous Westminster preparatory school, 

and he- with his brother Thomas-remained in England to complete his education when the family returned to America in 1758. After graduating from Christ 

Church College at Oxford, he studied law at London's 

famous Middle Temple. He was admitted to the English 

bar in 1769, but he continued his education for another 

year, . studying botany and chemistry in France and 

briefly attending the famous French military academy at 

Caen. 

Returning to South Carolina after an absence of sixteen years, Pinckney quickly threw himself into the commercial and political life of the colony. To supplement an 

income derived from plantations, he launched a successful career as a lawyer. He became a vestryman and warden in the Episcopal church and joined the socially elite 

1st Regiment of South Carolina militia, which promptly 

elected him as lieutenant. In 1770 he won a seat for the 

first time in the state legislature, and in 1773 he served 

briefly as a regional attorney general. During this period 

he married Sarah Middleton, the daughter and sister of 

South Carolina political leaders who, respectively, would 

serve in the Continental Congress and sign the Declaration of Independence. 

When war between the colonies and the mother country finally erupted in 1775, Pinckney cast aside his close 

ties with England and South Carolina's Royal colonial 

government to stand with the Patriots. He served in the 

Provincial Congresses that transformed South Carolina 

from Royal colony to independent state and in the 

Council of Safety that supervised affairs when the legislature was not in session. During this period Pinckney 

played an especially important role in those legislative 

committees that organized the state's military defenses. 

The Soldier 

Directing the organization of military units from the 

relative safety of the state legislature did not satisfy 

Pinckney's sense of public obligation. Going beyond his 

previous militia service, he now volunteered as a fulltime regular officer in the first Continental Army unit 

organized in South Carolina. As a senior company commander, Pinckney raised and led the elite Grenadiers of 

the 1st South Carolina Regiment. He participated in the 

successful defense of Charleston in June 1776, when 
British forces under General Sir Henry Clinton staged 

an amphibious attack on the state capital. Later in 1776 

Pinckney took command of the regiment, with the rank 

of full colonel, a position he retained to the end of the 

war. A strong disciplinarian, he also understood the importance of troop motivation, especially when his men 

were forced to serve for long periods under dangerous 

and stressful conditions. 

Following the successful repulse of General Clinton's 

forces in 1776, the southern states enjoyed a hiatus in the 

fighting while the British Army concentrated on operations in the northern and middle states. Dissatisfied with 

remaining in what had become a backwater of the war, 

Pinckney set out to join Washington near Philadelphia. 

He arrived in 1777, just in time to participate in the 

important military operations centering around Brandywine and Germantown. Pinckney's sojourn on Washington's staff was especially significant to his development 

as a national leader after the war. It allowed him to 

associate with key officers of the Continental Army, 

men like Alexander Hamilton and James McHenry, 

who, beginning as military comrades, would become important political allies in the later fight for a strong 

national government. The opportunity to form such farCHARLESCOTESWORTH 

PINCKNEY 

Soutb Carolina 

Birth: 25 February 1746, at Charleston, South 

Carolina 

Death: 16 August 1825, at Charleston, South Carolina 

Interment: St. Michael's Episcopal Church Cemetery, Charleston, South Carolina 

Oil on canvas, by Henry Benbridge (c. 1773), in uniform of a 

militia lieutenant; National Portrait Gallery. 

reaching political alliances seldom occurred for other 

Continental officers from the deep south. 

In 1778 Pinckney returned to South Carolina to resume command of his own regiment just as the state 

experienced a new threat from the British. Pinckney's 

1st South Carolina joined with other Continental and 

militia units from several states in a successful repulse of 

an invasion by a force of Loyalist militia and British 

regulars based in Florida. But disaster ensued when a 

counterattack bogged down before the Patriots could 

reach St. Augustine. The American Army suffered severe logistical problems and then a disintegration of the 

force itself, as senior officers bickered among themselves 

while disease decimated the units. Only half of the 

American soldiers survived to return home. 

At the end of 1778 the British shifted their attention 

to the southern theater of operations. Their new strategy 

called for their regular troops to sweep north, while Loyalist units remained behind to serve as occupying forces. 

To frustrate this plan, the Continental Congress dispatched Major General Benjamin Lincoln to South Carolina to reorganize the army in the Southern 

Department. Lincoln placed Pinckney in command of 

one of his Continental brigades. In that capacity Pinck119 
ney participated in the unsuccessful assault on Savannah 

by the Americans and their French allies in October 

1779, and then in a gallant but equally unsuccessful 

defense of Charleston in 1780. The capture of Charleston gave the British their greatest victory, and in May 

Pinckney, along with the rest of Lincoln's army, became 

a prisoner of war. 

The victors made a distinction in the treatment of 

prisoners. They allowed the militiamen to go home on 

parole while they imprisoned the continentals. Pinckney 

was one of the ranking officers in the prison camp established by Clinton on Haddrell's Point in Charleston 

Harbor. There he played a key role in frustrating British 

efforts to subvert the loyalty Gf the captured troops, 

who suffered terribly from disease and privation. When 

an effort was made to wean Pinckney himself from the 

Patriot cause, he scornfully turned on his captors with 

words that became widely quoted throughout the country: " If I had a vein that did not beat with the Jove of my 

Country, I myself would open it. If I had a drop of 

blood that could flow dishonourable, I myself would let 

it out." 

Pinckney was finally freed in 1782 under a general 

exchange of prisoners. By that time the fighting had 

ended, but he remained on active duty until the southern 

regiments were disbanded in November 1783, receiving a 

brevet promotion to brigadier general in recognition of 

his long and faithful service to the Continental Army. 

The Statesman 

Pinckney turned his attention to his law practice and 

plantations at the end of the Revolution, seeking to recover from serious financial losses suffered during his 

period of active service. He continued to represent the 

citizens of the Charleston area in the lower house of the 

legislature, however, a task he willingly carried out until 

1790. Once again he became active in the. state militia, 

rising to the rank of major general and commanding one 

of South Carolina's two militia divisions. During these 

years he also endured personal tragedy: his wife died in 

1784, and he was wounded the following year in a duel 

with Daniel Huger, an event that would later lead him to 

advocate laws against dueling. 

Pinckney made no secret of his concern over what he 

saw as a dangerous drift in national .affairs. Freed of the 

threat of British invasion, the states appeared content to 

pursue their own parochial concerns. Pinckney was one 

of those leaders of national vision who preached that 

the promises of the Revolution could never be realized 

unless the states banded together for their mutual political, economic, and military well-being. In recognition of 

his forceful leadership, South Carolina chose him to represent the state at the Constitutional Convention that 

120 

met in Philadelphia in 1787. There he joined Washington and other nationalist leaders whom he had met during the Pennsylvania campaign. Pinckney agreed with 

them that the nation needed a strong central government, but he also worked for a carefully designed system 

of checks and balances to protect the citizen from the 

tyranny so often encountered in Europe. When he returned to Charleston, he worked diligently to secure 

South Carolina's ratification of the new instrument of 

government. In 1790 he then participated in a convention that drafted a new state constitution modeled on the 

work accomplished in Philadelphia. 

Retiring from politics in 1790, Pinckney devoted himself to various religious and charitable works, including 

the establishment of a state university, strengthening of 

Charleston's library system, and the promotion of scientific agriculture. He repeatedly declined President Washington's offer of high political office, but in 1796 he 

finally agreed to serve as ambassador to France. 

Pinckney's appointment signaled the beginning of 

one of the new nation's first international crises. The 

French government rejected his credentials, and thenin the so-called XYZ Affair- the leaders of the French 

Revolution demanded a bribe before agreeing to open 

negotiations about French interference with American 

shipping. Exploding at this affront to America's national honor, Pinckney broke off all discussion and returned home, where President John Adams appointed 

him to one of the highest posts in the new Provisional 

Army which Congress had voted to raise in response to 

the diplomatic rupture with France. As a major general, 

Pinckney commanded all forces south of Maryland, but 

his active military service abruptly ended in the summer 

of 1800 when a peaceful solution to the "Quasi-War" 

between France and the United States was successfully 

negotiated. 

Despite his earlier intention to retire, Pinckney once 

again became deeply involved in national and state politics. He ran unsuccessfully for Vice President on the 

Federalist ticket in 1800 and was later defeated in presidential races won by Thomas Jefferson and James Madison. He also served for two terms in the South Carolina 

senate. Until the end Pinckney remained a Federalist of 

the moderate stamp, seeking to preserve a balance between state and national powers and responsibilities. His 

tomb bears an inscription that captures the essence of 

his loyalty to the highest national aspirations and standards of his period: "One of the founders of the American Republic. In war he was a companion in arms and 

friend of Washington. In peace he enjoyed his unchanging confidence." 
Throughout his short life Richard Dobbs Spaight, 

who represented North Carolina in the Constitutional 

Convention, exhibited a marked devotion to the ideals 

heralded by the Revolution. The nephew of a Royal governor, possessed of all the advantages that accompanied 

such rank and political access, Spaight nevertheless 

fought for the political and economic rights of his fellow 

citizens, first on the battlefield against the forces of an 

authoritarian Parliament and later in state and national 

legislatures against those who he felt sought excessive 

government control over the lives of the people. The 

preservation of liberty was his political lodestar. 

Always an ardent nationalist, Spaight firmly supported the cause of effective central government. In this, 

he reflected a viewpoint common among veterans of the 

Revolution: that only a close union of all the states 

could preserve the liberties won by the cooperation of all 

the colonies. At the same time, Spaight believed that to 

guarantee the free exercise of these liberties, the powers 

of the state must be both limited and strictly defined. He 

therefore advocated constitutional provisions at the 

Convention that would protect the rights of the small 

states against the political power of their more populous 

neighbors, just as he later would fight for a constitutionally defined bill of rights to defend the individual citizen 

against the powers of government. 

The Patriot 

Spaight's political ideas were formed during a youth 

spent outside his native North Carolina. Following the 

death of his parents in 1767, the boy sailed to Ireland to 

be raised and educated among his Anglo-Irish relatives. 

This experience, which would include matriculation at 

the University of Glasgow, thrust the young colonial 

into the intellectual ferment swirling around the philosophers of the Enlightenment. These men taught that government was a solemn social contract between the 

people and their sovereign, with each party possessing 

certain inalienable rights. Like many of their American 

counterparts, the Anglo-Irish politicians considered 

themselves Englishmen with all the ancient rights and 

privileges such citizenship conferred and were quick to 

oppose any abridgment of those rights by Parliament. 

But while the Irish had been able to retain home rule, 

the American colonies were finding the power of their 

popular assemblies increasingly curtailed by a Parliament anxious to end an era of "salutary neglect." The 

contrast was not lost on young Spaight. The Declaration 

of Independence found a sympathetic audience in Ireland, and Spaight's loyalty to the Patriot cause only 

increased with the news in 1777 that North Carolina 

units had participated in the battle of Brandywine. 

In his twentieth year Spaight made his own private 

declaration of independence from the British sovereign. 

He traveled to the Continent to secure passage for the 

dangerous trip to America. Successfully evading the 

blockading British fleet, he arrived back in North Carolina in early 1778 and promptly offered his services to 

Governor Richard Caswell. Caswell, who under the state 

constitution also served as commander in chief of the 

militia, appointed the well-educated, socially prominent 

patriot as his aide-de-camp. In this capacity Spaight 

helped organize the mobilization of North Carolina's 

militia in 1778 and again in 1779. 

Despite the increasingly democratic inclinations of 

the age, family and fortune still counted heavily in the 

political life of the North Carolina seaboard. Spaight's 

uncle, Arthur Dobbs, whose name Spaight proudly and 

conspicuously bore, had been a highly popular Royal 

governor. His father, a popular Royal official in his own 

right, was North Carolina's treasurer and later a member of the Royal Governor's Council, the executive committee that directed the affairs of the colony. The 

Spaight family enjoyed extensive properties in the mercantile-planter region of Pamlico Sound. These advantages brought with them a traditional deference, 

especially when combined with young Spaight's patriotic ardor, and made the newly returned native son a 

natural choice for hometown voters. In 1779 the citizens 

of Newbern elected him to the state legislature, where he 

would remain for nearly a decade, including one term as 

speaker. As a legislator the young man quickly won a 

reputation for conscientiousness and industry, especially 

for his work in committees that dealt with militia and 

financial matters. Although he lacked the oratorical 

gifts in an age that set great store on such abilities, 

Spaight quickly developed a facility in the equally valuable art of compromise. This knack of reconciling the 

political differences of his colleagues would later stand 

him in good stead in the national political arena. 

121 
The Soldier 

Although a member of the North Carolina legislature, Spaight remained active in the militia, eventually 

rising to the rank of lieutenant colonel in command of 

an artillery regiment. Under General George Washington's strategy for the conduct of the Revolutionary War, 

militia forces had an exact and important role. Washington planned for a main force of regulars to serve as a 

Continental Army in opposition to major British forces 

while the militia protected isolated areas, conducted security mis~ions on the frontiers and against Loyatist 

units, and reinforced the continentals in major campaigns. Accordingly, North Carolina supplied units for 

the Continental Army in defense of Philadelphia in 1777 

and New York in 1778 and 1779 before the war shifted 

south. At the same time, it used its militia to defend its 

western frontiers and to suppress a Loyalist uprising in 

South Carolina. 

The fall of Charleston, South Carolina, to the British 

in 1780 was a crushing blow to American fortunes. Most 

of the region's continentals became prisoners of war, 

opening the whole southern tier of states to invasion. In 

hastily devising a defense strategy, the Continental Con122 

RICHARD DOBBS SPAIGHT 

North Carolina 

Birth: 25 March 1758, at Newbern, North Carolina 

Death: 6 September 1802, at Newbern, North Carolina 

Interment: "Clermont;' near Newbern, North 

Carolina 

Pastel, attributed to J ames Sharples, Sr. (c. 1798-1800); Independence National Historical Park . 

gress called on Governor Caswell to recruit 4,000 militiamen to take to the field under his command. Spaight 

wrestled with the mechanics of mobilization and helped 

train the recruits who began trickling into central camps. 

These units were to be combined with a similar militia 

force raised in Virginia by Governor Thomas Jefferson 

and a division of continentals sent to the region by 

Washington. This force, under the command of Major 

General Horatio Gates, the hero of Saratoga, was expected to counter the British army under the command 

of General Charles CornwaJiis that had established a 

base at Camden, South Carolina. In early July Spaight 

donned uniform and marched with the state militia units 

into South Carolina. 

On 16 August Gates' army moved forward to attack 

the British at Camden. Deploying his continentals to the 

right and the militia on his left flank, Gates advanced. 

His soldiers were exhausted from weeks of marching and 

insufficient rations. Furthermore, the militia had only 

recently joined with the regulars, and the disciplined 

teamwork between the two components, especially necessary before hastily assembled militia units could be 

expected to perform the intricate maneuvers of eighteenth-century linear warfare, had not yet been achieved. 
Although the continentals easily advanced against the 

enemy, the militia lost its cohesion in the smoke and 

confusion, and its lines crumbled. Cornwallis then 

shifted all his forces against the continentals. In less 

than an hour Gates' army had been lost to the Patriot 

cause. 

Spaight remained on active duty during the aftermath 

of the defeat. Once more he was involved with his state's 

efforts to raise forces to cope with an invasion. But 

during these months he also witnessed Major General 

Nathanael Greene's successful effort to restore American control over the south. Avoiding Gates' mistakes, 

Greene delayed mobilization of the militia units until he 

had a clear need for them in roles that matched their 

particular abilities. His success in blending the talents of 

citizen-soldiers with his continentals created an effective 

force that divided and isolated the British into small, 

ineffective groups, and then drove them back to the 

coast. 

The Statesman 

Spaight's participation in the mobilization of two 

American armies and his experiences in the state legislature reinforced the young Patriot's nationalist sentiments. Coordinating the contribution and duties of 

forces from various states convinced him of the need for 

close and binding interstate cooperation. In pursuing the 

interests of his constituents, Spaight concluded that the 

economic potential of the new nation, in particular that 

of its mercantile interests, could only be realized under a 

strong national government. This nationalism was further strengthened in 1783 when North Carolina elected 

Spaight to serve in the Continental Congress and when it 

chose him in 1787 as one of its representatives at the 

Constitutional Convention. 

Spaight attended every session of the Convention and 

supported the Great Compromise. Designed to protect 

the rights of both the small and the more populous 

states, this compromise called for a national legislature 

that gave equal voice to all thirteen states in a Senate 

composed of two members from each, but which respected the rights of the majority in a House of Representatives based on population. 

Spaight's major contribution to constitutional government took place not in Philadelphia but in his native 

state, where the fight for ratification proved exceptionally difficult. The Anti-Federalists were in the majority 

when the ratifying convention met at HiUsboro in 1788. 

They did not plan to reject the Constitution outright, 

preferring to recommend a series of amendments, specifically a bill of rights, and adjourn. When the Federalists forced the issue, the Constitution went down to 

defeat. 

The Federalists bided their time. They kept closely 

informed about the ratification progress in other parts 

of the country through Spaight's contacts with George 

Washington. By 1791 the Constitution had been approved by eleven states and the new national Congress 

had submitted a bill of rights to the states in the form of 

ten amendments to the Constitution. With Anti-Federalist power in North Carolina eroding, Spaight and his 

colleagues called for a new ratifying convention. Their 

strategy worked. Even the traditionally Anti-Federalist 

western counties now elected Federalist delegates, and 

North Carolina quickly approved the Constitution. 

Spaight retired from public life in early 1792, but he 

was again returned to the state legislature later that same 

year. In 1793 he became governor, the first native-born 

North Carolinian to win that position. Here his leadership abilities were evident when he organized the politically difficult movement of the state capital to Raleigh. 

He was also instrumental in establishing a state university, a project that this European-trained scholar considered of first importance to the future of North Carolina. 

Using skills developed during the Revolution, he organized the mobilization of the state militia to cope with 

Indian unrest and, at President Washington's request, 

prepared for a massive mobilization in 1794 to deal with 

potential conflict with French privateers. 

Often in poor health, Spaight retired from public life 

several more times. He was elected to the House of Representatives in 1798 and served slightly more than one 

term before health problems forced his resignation. 

While in Congress Spaight's increasing concern with 

states' rights led him to abandon the Federalist cause 

and join the Democratic-Republican party forming 

around Thomas Jefferson. He emerged from retirement 

one last time in 1801 to run for the state senate. A bitter 

argument w!th his Federalist rival, John Stanley, ended 

in a pistol <' uel on the outskirts of Newbern. After each 

party missed three successive shots, Spaight was hit and 

fell mortally wounded. 

123 
Hugh Williamson, who represented North Carolina 

at the Constitutional Convention, was a scholar of international renown. His erudition had brought him into 

contact with some of the leading intellectuals of the 

Patriot cause and, in turn, with the ferment of political 

ideas that eventually found expression in the Constitution. During the Revolution, Williamson contributed his 

considerable talents as physician and natural scientist to 

the American war effort. His experiences in that preeminent event of his generation transformed the genial 

scholar into an adroit politician and a determined leader 

in the campaign for effective national government. This 

leadership was evident not only at the Convention in 

Philadelphia but also, with telling effect, during the ratification debates in North Carolina. 

Williamson's career demonstrates the rootlessness 

that characterized the lives of many Americans even in 

the eighteenth century. Born on the frontier, he lived for 

significant periods of his long life in three different regions of the country. This mobility undoubtedly contributed to the development of his nationalistic outlook, 

an outlook strengthened by wartime service with interstate military forces and reinforced by the interests of the 

planters and merchants that formed his North Carolina 

constituency. These experiences convinced him that only 

a strong central government could adequately protect 

and foster the political, economic, and intellectual future of the new nation. 

The Patriot 

Williamson was born in Chester County in what was 

then the frontier region of Pennsylvania. His fragile 

health as a youth weighed against his beginning a career 

in the family's clothier business. His parents instead sent 

him to a private academy and then to the College of 

Philadelphia (today's University of Pennsylvania). A 

member of the college's first graduating class, Williamson obtained a license to preach in Connecticut, but 

factional disputes among the local clergy and a resurgence of ill health led him to abandon a career in the 

ministry. Further study and a master's degree led to employment in 1760 as a professor of mathematics at his 

alma mater. 

In another career shift four years later, Williamson 

turned to the study of medicine. Armed with a degree 

124 

from the prestigious University of Utrecht in the Netherlands, he returned to Philadelphia to open a private 

practice. At the same time, he pursued a number of 

independent scientific and educational projects, and his 

work in these areas eventually led to membership in the 

American Philosophical Society as well as acclaim in 

Europe's intellectual circles. 

Interest in science and education indirectly led WilLiamson to politics and the Patriot cause. Sailing for 

England in 1773 to raise funds for a local educational 

project, Williamson stopped en route at Boston. There 

he witnessed the famous Tea Party, in which Patriots 

dressed as Indians destroyed a cargo of tea in protest 

over a newly enforced Parliamentary tax on imported 

commodities. On reaching London he was summoned 

before the Privy Council to testify on this act of rebellion and on colonial affairs in general. 

Williamson came of age politically during this encounter. In response to questions by Council members, 

who were in the process of formulating punitive measures against Massachusetts, he bluntly warned that repression would provoke rebellion. He then went on to 

express the argument that was becoming the core of the 

Patriot position: Americans were entitled to the full 

rights of Englishmen, including representation in the 

decisions of the English government. This testimony 

brought him to the attention of other Americans in London. A mutual interest in scientific matters cemented a 

solid working relationship with Benjamin Franklin, and 

Williamson soon found himself joined with the famous 

American scientist and others in appealing for support 

among those Englishmen who, in opposition to their 

own government, sympathized with American claims. 

Williamson continued on to the Netherlands where, 

taking advantage of the cover afforded by his attendance 

at meetings on scientific and educational subjects, he 

organized the publication of pamphlets and other papers that supported the Patriot cause. While there he 

learned that the colonies had declared their independence. Narrowly avoiding capture at sea, he rushed back 

to Philadelphia in early 1777 and volunteered for service 

in the Medical Department of the Continental Army. 

The Department had no opening at that time, so Williamson decided to form a partnership with a younger 

brother to import medicines and other scarce items from 

the West Indies through the British blockade. Believing 
that he could best contribute to the war effort by using 

his contacts and reputation in this manner, Williamson 

made Edenton, North Carolina, his base of operations. 

Settlement in North Carolina soon led to his establishing 

a medical practice to serve the planters and merchants of 

the region. 

The Soldier 

These various activities brought Williamson to the 

attention of North Carolina's political leaders. Facing 

the threat of a British invasion of the region from the sea 

and bases in Florida, the state legislature voted to raise a 

force of 4,000 men to assist South Carolina. When Governor Richard Caswell, with the rank of major general, 

took to the field at the head of these citizen-soldiers, he 

named Williamson to serve as the state's Physician and 

Surgeon General, a post Williamson held until the end 

of the war. 

The capture of Charleston in 1780 not only marked a 

stunning defeat for American forces, but also signaled 

the end of the first phase in a new British war strategy. 

Under this strategy British forces would continue to tie 

down Washington's main army in the north while a 

HUGH WILLIAMSON 

North Carolina 

Birth: 5 December 1735, in West Nottingham 

Township, Chester County, Pennsylvania 

Death: 22 May 1819, at New York, New York 

Interment: Apthorp Tomb, Trinity Churchyard, 

New York City 

Etching by Albert Rosenthal (1888) after Painting by John 

ltumbull; North Carolina Division of Archives and History. 

Royal army under General Charles Cornwallis would 

advance northward. Using Savannah and Charleston as 

their bases of operations, the British expected their regular units to push through North Carolina and Virginia 

while a militia composed of local Loyalists secured areas 

captured by the regular forces. If successful, this strategy would have led to the conquest of the colonies from 

the south. To counter Cornwallis' efforts, the Continental Congress sent Horatio Gates, the hero of Saratoga, 

to command a small force composed of a division of 

continentals, Caswell's units from North Carolina, and 

a group of hastily assembled Virginia militia units. 

Gates attempted to attack the British advance base 

near Camden, South Carolina, but his tired militia 

units, which were still forming when the battle began, 

were easily routed, and the Americans suffered another 

defeat. Williamson, who witnessed the disaster, volunteered to pass behind enemy lines to care for the American wounded. He spent two months on this mercy 

mission. When smallpox threatened the prison camp, he 

argued strenuously with Cornwallis and other British 

officers over the proper method to combat the disease. 

His perseverance and scientific reputation paid off. The 

British followed his advice, and an epidemic was 

125 
averted. 

In the fall of 1780 Williamson returned to the field. 

Major General Nathanael Greene, Gates' replacement, 

had begun his brilliant campaign to recover the south 

through the joint efforts of continentals and militia. 

While his main force engaged the British in a series of 

battles, the militiamen concentrated on picking off 

small outposts and isolated enemy parties. Francis 

("Swamp Fox") Marion and others who operated 

mainly in South Carolina are most remembered for this 

type of guerrilla warfare, but North Carolina units also 

adopted these tactics. Williamson was attached to a 

force under Brigadier General Isaac Gregory whose mission was to limit British activity in eastern North Carolina. Gregory established his base in the vast reaches of 

the Dismal Swamp where he could pin the British down 

in Wilmington without jeopardizing his small force. 

Williamson's bold innovations in preventive medicine, 

especially his strenuous efforts to indoctrinate raw 

troops in the importance of sanitation and diet, kept the 

command virtually free of disease during the six months 

that it inhabited the swamp- a rare feat in eighteenthcentury warfare. 

The Statesman 

In 1782 Williamson's neighbors elected him to the 

lower house of the North Carolina legislature, where he 

served for several terms. He sat on numerous committees, including those formed to regulate veterans' rights, 

and he authored the state's copyright law. His fellow 

legislators also chose Williamson to serve in the Continental Congress in 1782. Appointment to this national 

body represented a natural political progression for Williamson, who was evolving into a champion of federalism. His experiences during the Revolution, especially 

his exposure to the pressing need for interstate cooperation during the 1780 and 1781 campaigns in the Carolinas, had convinced him of the military importance of 

strong national government. This interest increased 

when he came to realize the economic benefits that 

might accrue from binding interstate association. In 

1786 North Carolina chose Williamson to attend the 

Annapolis Convention, a meeting called to settle economic questions affecting the middle Atlantic states. 

Although he arrived too late to play a role in the Maryland proceedings, he was prepared to discuss interstate 

issues the following year when his state appointed him as 

a representative at the Constitutional Convention in 

Philadelphia. 

Williamson, a faithful attendee at Convention sessions, lodged with Alexander Hamilton and James Madison, two of the country's best-known nationalist 

leaders. His intellectual stature and international back126 

ground also propelled him into a leadership role in the 

North Carolina delegation. A capacity for hard work 

and his innate good humor made him invaluable to the 

Federalists as they worked out the many political compromises necessary for consensus on the new instrument 

of government. 

Shortly before the Convention adjourned, Williamson wrote a series of public letters in defense of a strong 

federal system. These "Letters of Sylvius" addressed 

many of the practical concerns of his state, where the 

rural and frequently debt-ridden farmers favored minimal government regulations, while the mercantileplanter group from the seaboard region wanted an 

economy strictly regulated by a central government. Using simple examples, Williamson explained to both 

groups the dual dangers of inflationary finances and of 

taxes that would stunt the growth of domestic manufacture. He exhorted North Carolinians to support the 

Constitution as the basis for their future prosperity. The 

ratification process, he explained, would decide whether 

the United States would remain a "system of patchwork 

and a series of expedients" or become "the most flourishing, independent, and happy nation on the face of the 

earth." 

Following adjournment in Philadelphia, Williamson 

returned to New York to participate in the closing sessions of the Continental Congress and to serve as one of 

the agents settling North Carolina's accounts with that 

body. These duties caused him to miss the Hillsboro 

Convention, where North Carolina first considered and 

rejected the Constitution, but he played a major role at a 

second convention that met in Fayetteville in 1789. Here 

he participated in a successful effort to rally support for 

the Constitution. 

Williamson's neighbors elected him to represent them 

in the first federal Congress. He served two terms before 

retiring and settling in New York City, where he continued to pursue a wide range of scholarly interests. He 

wrote extensively about his research, joined numerous 

learned societies, and contributed to many charities. He 

also served as one of the original trustees of the University of North Carolina. 

Thomas Jefferson described Williamson's role at the 

Philadelphia Convention in the following terms: "he 

was a useful member, of an acute mind, attentive to 

business, and of an high degree of erudition." As these 

words suggest, the American people were well served 

during a critical period in their history when a scientist 

of international renown volunteered to defend the principles of democracy both on the battlefield and in the 

government. 
In all, thirty-nine delegates, designated the Founding 

Fathers by a grateful nation, signed the Constitution in 

September 1787. But in fact a forti eth name appears on 

that historic document, that of William Jackson, the 

secretary of the Convention, whose signature authenticated the results of the sessions in Philadelphia. Although Jackson lacked the delegates' right to debate and 

vote on the issues, he was clearly at one with those who 

manifested a strong dissatisfaction with the weakness of 

the central government under the Articles of Confederation. His own experiences in the Revolution-as a line 

officer in some of the war's most frustrating campaigns 

and as a staff officer who worked with both the country's allies and the Continental Congress-led him to 

identify completely with the ideals of the nationalists. 

He became convinced that only a strong government, 

responsive to the collective will of the electorate, could 

regulate the country's foreign trade, organize its westward expansion, and defend its institutions. This conviction animated both his work a t the Convention and his 

service to the nation during the presidency of George 

Washington. 

Jackson became the quintessential civil servant. A 

gifted writer and orator, he employed his considerable 

organizational talents in the service of the new republic, 

competently and unobtrusively managing the flow of 

official business as P resident Washington's private secretary. His loyalty to the President, his self-effacement 

before the luminaries of Washington's Cabinet, his 

" faithfullness and integrity,'' as General Benjamin Lincoln put it, established a model of professional behavior 

for succeeding government employees. 

The Patriot 

Jackson's youth was one of dramatic contrasts. The 

son of an Englishman of some local standing in the 

region along the Scottish border, he received the rudimentary education typical of the area. But his limited 

and sheltered world was suddenly changed when his parents died and neighbors arranged for the orphan's emigration to Charleston, South Carolina, to be reared by 

Owen Roberts, a prominent merchant and family friend. 

Roberts rapidly became a formative influence on his 

ward, just as he was on his neighbors. A veteran of the 

French and Indian War, he introduced the boy to the 

colonial idea of the citizen-soldier by bringing Jackson 

along to the musters of the Charleston Battalion of Artillery (today's 263d Air Defense Artillery, South Carolina A r my National Guard), which Rob erts 

commanded . Roberts also represented Charleston's merchants and artisans in various legislative bodies. 

Although criticism of the King's government was considerably muted in the southern colonies, a majority of 

the people joined their northern neighbors in opposing 

British taxation policies and attempts to interfere in local affairs. Roberts' standing as a leader in this movement helped shape Jackson's emerging interest in the 

Patriot cause. In the summer of 1775, South Carolina 

cast her fate with her neighbors, ousting the Royal governor and voting to raise regulars to protect the colony. 

Roberts initially served as the major of Colonel Christopher Gadsden's 1st South Carolina Regiment, but in 

November he was promoted to command a new artillery 

regiment, the 4th South Carolina. Jackson soon followed his guardian to the colors. 

Jackson may well have donned uniform prior to his 

seventeenth birthday. Probably with Roberts' help, he 

obtained appointment as a cadet in the 1st South Carolina. Eighteenth-century cadets were young men preparing to become officers in effect through on-the-job 

training. Jackson apparently learned quickly, for in May 

1776 he was commissioned a second lieutenant in the 

regiment. 

The Soldier 

Jackson's battlefield initiation was not long in coming. Relying on faulty information from Americans in 

England and outdated letters from the last Royal governors, the King's ministers had concluded that the revolt 

in the southern colonies was the work of an armed minority, and that a show of force in the area would rally 

Loyalists and restore the governors. To prove the point, 

an expedition under General Sir Henry Clinton, consisting of several regiments of red-coated regulars and a 

small naval squadron, was mounted against Charleston, 

the most important of the southern cities. The invading 

fleet appeared off the city's harbor in June, and Jackson's unit took up position to face the foe. 

South Carolina did not have to meet the challenge 

alone. The Continental Congress had by then accepted 

127 
the responsibility for the war effort, and its delegates 

had begun drafting a Declaration of Independence. The 

state transferred its regular regiments to national control 

as part of the new Continental Army. Reinforced by 

other units from North Carolina and Virginia, along 

with a force of local militia, the Americans under Major 

General Charles Lee repulsed the British, ending the 

first significant threat to the region with relative ease. 

While attention focused on events further north during the next years, the 1st South Carolina Regiment settled down to garrison duty in Charleston and the forts 

around the large harbor. Jackson spent his time perfecting the skills of a junior officer, winning two promotions. During the latter part of this period, Jackson first 

witnessed the defeat of American forces under arms. In 

1778 Major General Robert Howe, who had succeeded 

Lee, assembled a small force of regulars and militiamen 

in Georgia, intending to capture the thinly settled and 

lightly defended Royal colony of East Florida, a rallying 

point for the region's Loyalists. But Howe lacked the 

logistical apparatus to sustain even a small force, and 

bickering between contingents halted operations short 

of St. Augustine, the objective. When an epidemic then 

broke out in the American force, Jackson's regiment was 

128 

WILLIAM JACKSON 

Birth: 9 March 1759, at Cumberland, England 

Death: 17 December 1828, at Philadelphia, Pennsylvania 

Interment: Christ Church Cemetery, Philadelphia, 

Pennsylvania 

Miniature, by unknown anist (1793); Independence National 

Historical Park. 

among the ragtag remnant forced to fall back to South 

Carolina. 

Congress reacted to the fiasco of the Florida invasion 

by replacing the prickly Howe with Major General Benjamin Lincoln of Massachusetts. The delegates hoped 

that Lincoln's background as a militia commander 

would improve civil-military relations in the south and 

enable the Americans to withstand new threats by the 

British. Forced to recast their strategic objectives after 

France entered the war as America's ally in 1778, the 

British had shifted forces to Georgia. They intended to 

recapture the colonies one at a time, gaining momentum 

as they rolled north. 

London's "southern strategy" led indirectly to a major change in Jackson's career. His regimental commander (and future signer of the Constitution), Charles 

C. Pinckney, believed that Lincoln needed a diplomatic 

assistant to bridge any gap between the Yankee general 

and his southern subordinates. He persuaded Lincoln to 

appoint Jackson as an aide. The assignment carried with 

it a temporary promotion to the rank of major and 

brought the twenty-year-old into contact with men from 

a completely different section of the nation. Jackson 

served with Lincoln in skirmishes that followed the 
American loss of Savannah, including the bloody battle 

at Stano Ferry in June 1779, and later in an American 

counteroffensive at Savannah in conjunction with the 

Comte d'Estaing's French fleet and troops. During these 

operations, Jackson again saw the Americans defeated. 

At Stano Ferry he also experienced personal tragedy 

when his guardian was killed in action. After the unsuccessful siege of Savannah, Jackson participated in the 

allied retreat and watched French and American commanders blame each other for the failure. 

Worse reverses were to come in 1780. Clinton reacted 

to the Savannah counterattack by shifting additional 

forces to the south and launching a new attack on 

Charleston. This time adequate resources enabled the 

British to conduct a formal siege. Lincoln refused to 

withdraw and valiantly prolonged the siege for forty-two 

days, but finally had to surrender on 12 May in the worst 

American defeat of the war. Jackson was among the 

almost 5,000 captured. Because of his status as an aide, 

he escaped the horrors of the disease-ridden prisoner-ofwar facilities and was sent instead on parole to Philadelphia. In November he, along with Lincoln and others, 

was exchanged. 

The fall of Charleston marked Jackson's last appearance on the battlefield. His skill as a staff officer and 

Lincoln's influence led shortly to his assignment as secretary to Lt. Col. John Laurens, Washington's aide. The 

two South Carolinians went to France to negotiate the 

shipment of vital war supplies. Laurens returned in the 

summer with materiel for the Yorktown campaign, leaving Jackson behind to coordinate with Benjamin Franklin and John Adams and the Dutch government for the 

shipment of more supplies. Jackson finally arrived back 

in Philadelphia in early 1782 and accepted Lincoln's offer to serve as Assistant Secretary at War. Lincoln had 

become the first Secretary a few months earlier, and he 

now relied heavily on his former aide to help with the 

day-to-day operations of the office and to act as a liaison between Congress and the Army. In October 1783, 

with demobilization almost complete, Jackson resigned. 

The Statesman 

The death of Jackson's guardian had seriously altered 

the young veteran's prospects. Influenced by his friends 

and his wartime experiences, he quit Charleston to seek 

new opportunities. He first decided to become a merchant and to that end traveled through Europe in the 

early months of peace. But life in the trading house held 

little appeal, and he finally settled down in Philadelphia 

to study law, winning admittance to the bar in the summer of 1788. 

Jackson's intense interest in the political discussion of 

the day caused him to interrupt his legal training. When 

the Constitutional Convention assembled in Philadelphia in 1787, he successfully applied for the position as 

its secretary. His wartime contacts with many of the 

delegates, especially Alexander Hamilton, clearly helped 

him edge out Benjamin Franklin's grandson for the 

post. Jackson was sworn to protect the secrecy of the 

deliberations, and, on instruction of the delegates, he 

destroyed all records except for the official journal after 

the final draft of the Constitution was signed. 

Jackson hoped to serve as a legislative secretary in the 

new federal government, but he failed to secure a post in 

the Senate. Instead, he was selected by Washington to be 

his secretary, thus becoming one of the original civil 

servants in the executive department. He performed well 

in that demanding assignment, drawing on his wartime 

skills as an aide, before resigning for financial reasons in 

December 1791. Jackson declined Washington's offer of 

the post of Adjutant General of the Army and embarked 

on a business career and a law practice. But his marriage 

to a daughter of Thomas Willing, a wealthy Philadelphia merchant, led him to look more kindly on renewed 

federal employment. Shortly after the wedding, he was 

appointed surveyor of customs for the port of Philadelphia. 

Jackson was a staunch supporter of the Federalist 

party, and when Thomas Jefferson became President in 

1801, marking the executive branch's first change in political alignment, the surveyor of customs lost his job. 

For a time he edited Philadelphia's Political and Commercial Register, a pro-Federalist newspaper. He also returned to the law. In one of his last major cases he 

represented a group of Continental Army veterans who 

were petitioning for pensions originally promised during 

the Revolution. He always remained faithful to his old 

comrades in arms, serving for more than a quarter century as the national secretary of the Society of the Cincinnati, a veterans' organization of ex-officers from the 

Continental Army, and toward the end of his life he 

officially welcomed his old friend and ally, General Lafayette, to Philadelphia during the Frenchman's tour of 

America in 1824. 

Jackson was typical of many immigrants who contributed gladly to the defense of their new homeland. A 

strong nationalist, he gave unstintingly of himself both 

in uniform and in a quieter way within the halls of national government. 

129 
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Hosack, David. A Biographical Memoir of Hugh Williamson. New York: C. S. Van Winkle, 1820. 

Neal, John W. "Life and Public Services of Hugh Williamson. " 'Trinity College Historical Society Papers 

13 (1919):62- 115. 

Thenholme, Louise lrby. The Ratification of the Federal 

Constitution in North Carolina. New York: Columbia 

University Press, 1932. 

Williamson, Hugh. The History of North Carolina. 

Philadelphia: Thomas Dobson, 1812. 

William Jackson 

Beall, Mary S. "The Military and Private Secretaries of 

George Washington." Columbia Historical Society 

Records I (1897):89-118. 

Grimke, John Faucheraud. "Order Book of John Faucheraud Grimke. August 1778 to May 1780." South 

Carolina Historical and Genealogical Magazine 13 

(1912):42- 55, 89- 123, 146- 53, 205- 12; 14 (1913):44-

57, 98- 111, 160- 70, 219-24; 15 (1914):51-59, 82- 90, 

124-32, 166- 70; 16(1915):39-48,80- 85, 123- 28,178-

83; 17 (1916):26-33, 82- 86, 116- 20, 167- 74; 18 

(1917):78- 84, 149- 53, 175- 79; 19 (1918):101-04, 181-

88. 

Jackson, Joseph. Encyclopedia of Philadelphia. 4 vols. 

138 

Harrisburg: National Historical Association, 1931-

1933. 

Jackson, William. Documents Relative to the Claim of 

the Surviving Officers of the Revolutionary Army of 

the United States, for an Equitable Settlement of the 

Half Pay for Life, as Stipulated by the Resolves of 

Congress. n.p., 1818. 

--. Eulogium on the Character of George Washington .... Philadelphia: John Ormrod, 1800. 

- - . An Oration to Commemorate the Independence 

of the United States of North-America, delivered at 

the Reformed Calvinist Church, in Philadelphia, July 

4th, 1786, and Published at the Request of the Pennsylvania Society of the Cincinnati. Philadelphia: 

Eleazer Oswald, 1786. 

Littell, Charles W. "Major William Jackson, Secretary 

of the Federal Convention." Pennsylvania Magazine 

of History and Biography 2 (1878):353-69. 

PaJtsits, Victor H., ed. "The Siege of Charleston. 

1780." Year Book, City of Charleston for 1897, pp. 

341- 425. 

Salley, Alexander S., ed. "An Order Book of the 1st 

Regt. S.C. Line, Continental Establishment." South 

Carolina Historical and Genealogical Magazine 7 

(1906):75- 80, 130-42, 194- 203; 8 (1907):19- 28, 69-

87. 

Simpson, Henry. The Lives of Eminent Philadelphians 

now Deceased. Philadelphia: W. Brotherhead, 1859. 
"The Death of Warren at Bunker Hill:' above, was painted shortly after the Revolution by John Trumbull to dramatize the 

stand of the New England troops on 14 June 1775. (Oil, 1786; copyright Yale University Art Gallery.) In contrast, the dark 

days following the loss of New York City in late 1776 are clearly evident in Howard Pyle's 19th century" Retreat Through the 

Jerseys." (Oil; Howard Pyle Collection, Delaware Art Museum.) 
These two paintings by John '"frumbull celebrate Washington's great victories that turned the tide during the winter of 1776-

77. "The Capture of the Hessians at Trenton:• above, shows the moment of the Germans' surrender on 26 December 1776; 

"The Death of Mercer at Princeton" reminded viewers of the sacrifices made on 3 January 1777. (Oils, 1786- 97; copyright 

Yale University Art Gallery.) 
Washington'!) loss ~(f Philadelphia in 1777 contrasted s harply with Oates' victory in the north, triggering a review by 

Co)lgress of natiOJ1a mil(tary policy the following )Vinter. Top, Xavier della Gatta's "The Battle of Germantown" 0782) 

highligh(s the Chew l;fousc. "The Surrender of Burgoyne at Saratoga" was painted (1816• 18) by eyewitness John Trumbo II 

as part of a series on hist9ric moment$ fr2m the Revolution. (Qils; the, della Galla, courtesy of Valley Forge Historical 

Society; the Tnllllbu/1, copyright Yale University Art Gallery.) 
A well-trained force of citizen-soldiers came of age at 

Valley Forge, Pennsylvania. Washington and his Inspect r General, Frederick von Steuben (1730-94), left, successfully added professional discipline to tile 

individualism and initiative central to the colonial military tradition. "The Ma(ch to Valley Forge, December 

19, 1777" is an 1883 render·ng by William B. T. Trego. 

(Oil; Valley Forge Historical Society.) Charles Willson 

Peale painted Steuben in 1781-82. (Oil; Independence 

National Historical Park.) 
Nathanael Greene (1742-17!!6), right, was painted in 

1783 by Charles Willson Peale. (Oil; Independence National Historical Park.) Greene's masterful and successful blending of mi litiamen and Steuben-trained regulars 

is depicted here in H. Charles McBarron, Jr.'s modern 

watercolor of the batt le of "Guilford Court House, 15 

March 178 1." (Army Art Collection.) 
"The Siege of Yorktown" is an accurate 1784 depiction by Nicholas Van Blarenbergh. Francois-Joseph-Paul, comte de 

Grasse (1722- 88) is shown in an 1842 portrait by Jean-Baptiste Mauzaisse. (Both oils; Musees Nationaux Francais, Musee de 

Versailles.) Jean-Baptiste-Donatien de Vimeur, comte de Rochambeau (1725- 1807), bottom right, was painted by Charles 

Willson Peale. (Oil, 1782; Independence National Historical Park.) 
1\venty-eight talented men served in the Revolution as 

aides or secretaries to Washington, including three future signers of the Constitution. Some, like John 

Laurens (1754- 82), top left, died during or immediately 

after the war; others, like Joseph Reed (1741-1785) left 

the staff during the war for political office; most, like 

diplomat David Humphreys (1752-18 18), bottom, became leaders under the Constitution . (Laurens: miniature, by Charles Willson Peale, c. 1784; Reed: oil, by 

Charles Willson Peale, 1783; Humphreys: oil, by Rembrandt Peale, undated. All in Independence National 

Historical Park.) 
Charles Willson Peale completed "Washington and His Generals at Yorktown" soon after that important victory. John 

Trumbull's 1816-22 work, "The Resignation of Washington:' below, captures the general's dramatic statement of the 

principle of military subordination to civilian authority. (Oils; the Peale, courtesy of Maryland Historical Society; the 

Trumbull, copyright Yale University Art Gallery.) 
OTHER SIGNERS OF THE 

CONSTITUTION 

Gunning Bedford, Jr. 

Delaware 

Gunning Bedford was the quintessential champion of 

the rights of the small states. His experience in local 

politics, along with his service in the Continental Congress, taught him much about the political and economic vulnerabilities of states like Delaware. Unlike 

some other small-state representatives who looked to the 

creation of a strong central government to protect their 

interests against more powerful neighbors, Bedford 

sought to limit the powers of the new government. But 

when the conflict over representation threatened to 

wreck the Constitutional Convention, he laid regional 

interests aside and, for the good of the country, sought 

to compromise. 

CAREER BEFORE THE CONSTITUTIONAL CONVENTION. 

Bedford's family could trace its roots back to the settlement of Jamestown. He was a cousin of Colonel Gunning Bedford, a Revolutionary War hero and Delaware 

politician with whom he is often confused. Bedford attended the College of New Jersey (now Princeton) where 

he was a roommate of James Madison. After graduating 

in 1771, he studied law with Joseph Read, an influential 

politician with connections in both Pennsylvania and 

Delaware who would also sign the Constitution. Little is 

known about Bedford's early career until he opened a 

law practice in Dover, and then in Wilmington, during 

the later years of the Revolution. He sat briefly in the 

Delaware legislature during the early postwar period and 

represented his state in the Continental Congress (1783-

85). He also served as the state's attorney general (1784-

89). Although selected in 1786 to represent his state at 

the Annapolis Convention, Bedford was among those 

delegates who missed the sessions of that brief meeting. 

Evidence suggests that he shared the convention's concern with the political and economic problems associated with the Articles of Confederation, a concern that 

led the Annapolis delegates to call for what became the 

Constitutional Convention. 

CONTRIBUTIONS TO THE CONSTITUTIONAL CONVENTION. Concerned primarily with the fate of the small 

states in a federal union potentially dominated by powerful, populous neighbors, the fiery Bedford warned the 

delegates at Philadelphia that the small states might 

have to seek foreign alliances for their own protection. 

At first he joined with those who sought merely to 

amend the Articles of Confederation, believing, as one 

delegate contended, "there is no middle way between a 

perfect consolidation [of the states into one nation] and 

a mere confederacy of the states. The first is out of the 

question, and in the latter they must continue if not 

perfectly yet equally sovereign." But when the idea of 

drafting a new Constitution was accepted, he supported 

the New Jersey Plan, a scheme that provided equal representation for the states in the national legislature, a 

point on which the Delaware legislature had instructed 

its delegates not to compromise. He called for strong 

limitations on the powers of the executive branch and 

recommended measures by which the states could maintain close control over the national legislature and judiciary, including the appointment of federal judges by the 

state legislatures. Bedford's speeches in support of these 

ideas led Georgia delegate William Pierce to describe 

him as a "bold" speaker, with "a very commanding and 

striking manner:• but "warm and impetuous in his temper and precipitate in his judgement." 

Realizing as the Convention sessions went on that 

unyielding adherence to his position would endanger the 

union, Bedford adopted a more flexible stance. He 

agreed to sit on the committee that drafted the Great 

Compromise, which settled the thorny question of representation and made possible the Convention's acceptance of the new plan of government. 

CAREER AFrER THE CONSTITUTIONAL CONVENTION. 

Bedford was a delegate to Delaware's ratification convention. Thanks to his efforts, along with those of John 

Dickinson, William Bassett, and others, Delaware became the first state to approve the Constitution. Resigning his post as Delaware's attorney general in 1789, he 

served that year and again in 1793 as a presidential elector, casting ballots both times for George Washington. 

Widely respected for his knowledge of the law, Bedford 

was asked by Delaware's senators and fellow signers 

George Read and William Bassett to review a bill, then 

under consideration, on the organization of the federal 

judiciary system. Bedford praised the document, which 

would become the Judiciary Act of 1789, one of the 

most important pieces of legislation of the period, as a 

"noble work;' but expressed some concerns as well. He 

admitted that the common law of the United States was 

difficult to define. "Yet:• he claimed, "the dignity of 

America requires that it [a definition] be ascertained, 

and that where we refer to Jaws they should be laws of 

our own country. If the principles of the laws of any 

other country are good and worthy of adoption, incorporate them into your own." He believed the Constitution's ratification had been the moment of "legal 

emancipation:• declaring that "as the foundation is laid 

so must the superstructure be built." In September 1789 

Washington selected Bedford to be federal district judge 

for Delaware, a position he held until his death. 

Bedford never lost interest in his local community. 

Believing the establishment of schools "is, on all hands, 

justly acknowledged to be an object of first importance:• he worked for the improvement of education in 

Wilmington. He was president of the Board of lfustees 

149 
of Wilmington Academy, and when that institution became Wilmington College, he became its first president. 

PERSONAL DATA 

BIRTH: 1747 (exact date unknown), in Philadelphia 

DEATH: 30 March 1812, at Wilmington, Delaware 

INTERMENT: Graveyard of the First Presbyterian 

Church, Wilmington; later reinterred at the Masonic 

Home, Christiana Hundred, Delaware. 

John Blair 

Virginia 

John Blair was one of the best-trained jurists of his 

day. A legal scholar, he avoided the hurly-burly of state 

politics, preferring to w,ork behind the scenes. But he 

was devoted to the idea of a permanent union of the 

newly independent states and loyally supported fellow 

Virginians James Madison and George Washington at 

the Constitutional Convention. His greatest contribution as a Founding Father came not in Philadelphia, but 

later as a judge on the Virginia court of appeals and on 

the U.S. Supreme Court, where he influenced the interpretation of the Constitution in a number of important 

decisions. Contemporaries praised Blair for such personal strengths as gentleness and benevolence, and for 

his ability to penetrate immediately to the heart of a 

legal question. 

CAREER BEFORE THE CONSTITUTIONAL CONVENTION. 

Blair was a member of a prominent Virginia family. His 

father served on the Virginia Council and was for a time 

acting Royal governor. His grand-uncle, James Blair, 

was founder and first president of the College of William and Mary. Blair attended William and Mary and in 

1775 went to London to study law at the Middle Temple. 

Returning home to practice law, he was quickly thrust 

into public life, beginning his public career shortly after 

the close of the French and Indian War with his election 

to the seat reserved for the College of William and Mary 

in the House of Burgesses (1766-70). He went on to 

become clerk of the Royal Governor's Council, the upper house of the colonial legislature (1770- 75). 

Blair originally joined the moderate wing of the Patriot cause. He opposed Patrick Henry's extremist resolutions in protest of the Stamp Act, but the dissolution 

of the House of Burgesses by Parliament profoundly 

altered his views. In response to a series of Parliamentary taxes on the colonies, Blair joined George Washington and others in 1770 and again in 1774 to draft 

nonimportation agreements which pledged their sup150 

porters to cease importing British goods until the taxes 

were repealed. In the latter year he reacted to Parliament's passage of the Intolerable Acts by joining those 

calling for a Continental Congress and pledging support 

for the people of Boston who were suffering economic 

hardship because of Parliament's actions. 

When the Revolution began, Blair became deeply involved in the government of his state. He served as a 

member of the convention that drew up Virginia's constitution (1776) and held a number of important committee positions, including a seat on the Committee of 

28 that framed Virginia's Declaration of Rights and plan 

of government. He served on the Privy Council, Governor Patrick Henry's major advisory group (1776- 78). 

The legislature elected him to a judgeship in the general 

court in 1778 and soon thereafter to the post of chief 

justice. He was also elected to Virginia's high court of 

chancery (1780), where his colleague was George Wythe, 

later a fellow delegate to the Constitutional Convention. 

These judicial appointments automatically made Blair a 

member of Virginia's first court of appeals. In 1786, the 

legislature, recognizing Blair's prestige as a jurist, appointed him Thomas Jefferson's successor on a committee revising Virginia's laws. 

CONTRIBUTIONS TO THE CONSTITUTIONAL CONVENTION. Although a faithful attendee, Blair never addressed the Convention nor sat on any of its committees. 

When the question of how the President should be 

elected arose, he joined George Mason and Edmund 

Randolph in advocating election by the Congress, thus 

splitting the Virginia delegation. Coming to realize that 

his stand was weakening his delegation in the voting 

process and impeding the progress of the Convention, 

he abandoned his position and voted with Washington 

and Madison, whom, as a stalwart nationalist, he supported for the remainder of the Convention. 

CAREER AFTER THE CONSTITUTIONAL CONVENTION. 

Blair returned to Williamsburg, where he supported the 

new Constitution in a heated ratification struggle that 

pitted him and his colleagues against opponents who 

included some of the greatest orators of the day. 

He continued to sit on the Virginia court of appeals, 

where he made a number of decisions important in the 

formation of Virginia jurisprudence. In Commonwealth 

vs. Posey, he based his decision on a 200-year-old precedent in English Common Law, thus establishing as a 

principle in American law that the accepted judicial understanding of a statute forms a part of the law itself 

and must be adhered to. More importantly, he and his 

colleagues on the court drafted a Remonstrance of the 

Judges that was successful in defending judges from the 

jurisdiction of the state legislature, thus preserving the 

principle of separation of powers in the state. 

President George Washington, Blair's longtime 
friend, chose him to be an associate justice of the U.S. 

Supreme Court (1789-96), where he was involved in several important constitutional cases. Well known as a 

strict constructionist, Blair could find no solution in the 

clauses of the Constitution to the question posed by 

Chisolm vs. Georgia concerning the right of an individual to sue a state. The Chisolm case led directly to the 

passage of the Eleventh Amendment, which declared 

that the states were immune from citizens' suits. Blair 

considered the separation of powers the basis of political 

liberty. When Congress passed an act in 1792 subjecting 

certain judicial decisions to legislative review, Blair was 

among the justices who, using arguments from the Remonstrance, attacked the act as an infringement upon 

the independence of the courts. From the bench he also 

pressed his view that the central government had precedence over the governments of the states. In Penhallow 

eta/. vs. Doane's Administrators, Blair asserted this primacy by defending the power of the federal circuit 

courts to overturn the decisions of the state maritime 

courts. 

PERSONAL DATA 

BORN: 1732 (exact date unknown), in Williamsburg, 

Virginia 

DEATH: 31 August 1800, in Williamsburg 

INTERMENT: Graveyard of Bruton Parish Church, 

Williamsburg, Virginia 

Jacob Broom 

Delaware 

Jacob Broom was a local politician whose interests 

remained focused throughout his career on the government of his city and state. Thrust onto the national 

stage, he realized the opportunities presented to the 

small states by a strong central government and supported the Constitution. Surrounded by wealthy 

planters, lawyers, and merchants at the Constitutional 

Convention, he quietly voiced the concerns of the downhome politician. 

CAREER BEFORE THE CONSTITUTIONAL CONVENTION. 

Broom was the son of a blacksmith turned prosperous 

farmer. After receiving his primary education at 

Wilmington's Old Academy, he became in turn a farmer, 

surveyor, and finally, a prosperous local businessman. 

Even as a young man Broom attracted considerable attention in Wilmington's thriving business community, a 

prominence that propelled him into a political career. He 

held a variety of local offices, including borough assessor, president of the city's "street regulators:' a group 

responsible for the care of the street, water, and sewage 

systems, and justice of the peace for New Castle County. 

He became assistant burgess (vice-mayor) of 

Wilmington in 1776, winning reelection to this post six 

times over the next few decades. He also served as chief 

burgess of the city four times. 

Although the strong pacifist influence of his Quaker 

friends and relatives kept him from fighting in the Revolution, Broom was nevertheless a Patriot who contributed to the cause of independence. For example, he put 

his abilities as a surveyor at the disposal of the Continental Army, preparing detailed maps of the region for 

General Washington shortly before the battle of Brandywine. Broom's political horizons expanded after the 

Revolution when his community sent him as their representative to the state legislature (1784- 86 and 1788), 

which in turn chose him to represent the state at the 

Annapolis Convention. Like many other delegates, 

Broom was unable to attend the sessions of the short 

meeting, but he likely sympathized with the convention's 

call for political reforms. 

CONTRIBUTIONS TO THE CONSTITUTIONAL CONVENTION. Despite his lack of involvement in national politics 

prior to the Constitutional Convention, Broom was a 

dedicated supporter of strong central government. 

When George Washington visited Wilmington in 1783, 

Broom urged him to "contribute your advice and influence to promote that harmony and union of our infant 

governments which are so essential to the permanent 

establishment of our freedom, happiness and prosperity. " 

Broom carried these opinions with him to Philadelphia, where he consistently voted for measures that 

would assure a powerful government responsive to the 

needs of the states. He favored a nine-year term for 

members of the Senate, where the states would be 

equally represented. He wanted the state legislatures to 

pay their representatives in Congress, which, in turn, 

would have the power to veto state laws. He also sought 

to vest state legislatures with the power to select presidential electors, and he wanted the President to hold 

office for life. Broom faithfully attended the sessions of 

the Convention in Philadelphia and spoke out several 

times on issues that he considered crucial, but he left 

most of the speechmaking to more influential and experienced delegates. Georgia delegate William Pierce described him as "a plain good Man, with some abilities, 

but nothing to render him conspicuous, silent in public, 

but chearful and conversible in private." 

CAREER AFTER THE CONSTITUTIONAL CONVENTION. 

Broom's exposure to the national political scene proved 

short-lived. His primary interest remained in local government, and after the Convention he returned to famil151 
iar political surroundings. In addition to continuing his 

service in Wilmington's government, he became the 

city's first postmaster (1790-92). His long-standing affiliation with the Old Academy led him to become involved 

in its reorganization into the College of Wilmington, 

and to serve on the college's first Board of Trustees. 

Broom was also deeply involved in his community's religious affairs as a lay leader of the Old Swedes Church. 

PERSONAL DATA 

BIRTH: 1752 (exact date unknown), in Wilmington, 

Delaware 

DEATH: 1810 (exact date unknown), in Philadelphia 

INTERMENT: Christ Church Burial Ground, Philadelphia, Pennsylvania 

Daniel Carroll 

Maryland 

Daniel Carroll was a prominent member of one of 

America's great colonial families, a family that produced a signer of the Declaration of Independence in 

Charles Carroll of Carrollton, a cousin, and the first 

Catholic bishop in the United States, Daniel's brother 

John. Daniel Carroll was a patrician planter who fused 

family honor with the cause of American independence, 

willingly risking his social and economic position in the 

community for the Patriot cause. Later, as a friend and 

staunch ally of George Washington, he worked for a 

strong central government which could secure the 

achievements and fulfill the hopes of the Revolution. 

Ironically, for one whose name was synonymous with 

the colonial aristocracy, Carroll fought in the Convention for a government responsible directly to the people. 

CAREER BEFORE THE CONSTITUTIONAL CONVENTION. 

Typical of wealthy colonial Catholics, Carroll went 

abroad for his education. Between 1742 and 1748 he 

studied under the Jesuits at St. Orner's in Flanders. After his return, he only gradually joined the Patriot cause. 

A large landholder, he was concerned lest the Revolution 

fail economically and bring about not only his family's 

financial ruin, but mob rule as well. Furthermore, he 

was initially prevented from becoming involved in Maryland politics by laws that excluded Catholics from holding public office. Once these laws were nullified by the 

Maryland constitution of 1776, the way was cleared for 

his election to the upper house of the Maryland legislature (1777-81). At the end of his term, he became a 

member of the Continental Congress (1781-84), where, 

in 1781, he signed the Articles of Confederation. His 

152 

involvement in the Revolution, like that of other Patriots 

in this patrician's extended family, was inspired by the 

family's ancient motto: "Strong in Faith and War." 

CONTRIBUTIONS TO THE CONSTITUTIONAL CONVENTION. Carroll was an active member of the Constitutional Convention, despite the fact that illness prevented 

him from attending the early sessions. Like his good 

friend James Madison, Carroll was convinced that a 

strong central government was needed to regulate commerce among the states and with other nations. He also 

spoke out repeatedly in opposition to the payment of 

members of Congress by the states, reasoning that such 

compensation would sabotage the strength of the new 

government because "the dependence of both Houses 

on the state Legislatures would be compleat .... The new 

government in this form is nothing more than a second 

edition of [the Continental] Congress in two volumes, 

instead of one, and perhaps with very few amendments." He wanted governmental power vested in the 

people, and he joined James Wilson in campaigning for 

popular sovereignty. When it was suggested that the 

President should be elected by the Congress, it was Carroll, seconded by James Wilson, who moved that the 

words "by the legislature" be replaced with "by the people." His signature on the Constitution made him one 

of two Catholics to sign the document, a further symbol 

of the advance of religious freedom in America during 

the Revolutionary period. 

CAREER AFTER THE CONSTITUTIONAL CONVENTION. 

Following the Convention, Carroll immersed himself in 

state and national affairs. He was a key participant in 

the Maryland ratification struggle. He also defended the 

Constitution in the pages of the Maryland Journal, 

most notably in his response to the arguments advanced 

by the well-known Antifederalist Samuel Chase. After 

ratification was achieved in Maryland, Carroll became a 

representative in the First Congress, where, reflecting his 

concern for economic and fiscal stability, he voted for 

the assumption of state debts by the federal government. 

He later served in the Maryland senate and as one of 

three commissioners appointed to survey the District of 

Columbia. He then became a commissioner (co-mayor) 

of the new capital city, but advanced age and failing 

health forced him to retire in 1795. Even then, interest in 

the good of his region kept him active. In the last year of 

his life he became one of George Washington's partners 

in the Patowmack Company, a business enterprise intended to link the middle states with the expanding west 

by means of a Potomac River canal. 

PERSONAL DATA 

BIRTH: 22 July 1730, at Upper Marlboro, Maryland 

DEATH: 5 July 1796, at "Rock Creek" (Forest Glen), 
Montgomery County, Maryland 

INTERMENT: St. John's Catholic Cemetery, Forest 

Glen, Maryland 

George Clymer 

Pennsylvania 

George Clymer was a successful businessman with an 

abiding interest in the welfare of the common man. He 

never served in uniform during the Revolutionary War, 

but he made a significant contribution to the cause of 

liberty by organizing essential congressional support for 

needed military reforms and by personally helping to 

reorganize the Continental Army. As a politician he 

tended to avoid the limelight, preferring to work on 

committees where he could bring his administrative 

skills to bear. He was a soft-spoken man who, as a contemporary said, "was never heard to speak ill of any 

one." He signed the Declaration of Independence as 

well as the Constitution. 

CAREER BEFORE THE CONSTITUTIONAL CONVENTION. 

Clymer was orphaned as an infant and adopted by an 

uncle, William Coleman, a wealthy Philadelphia merchant and friend of Benjamin Franklin. Informally educated, he became a clerk and, later, partner in his uncle's 

mercantile firm, which he would inherit. In 1765 he 

married Elizabeth Meredith, whose socially prominent 

family introduced him to George Washington and other 

Patriot leaders. He eventually merged his business with 

that of his in-laws to form Meredith-Clymer, a leading 

Pennsylvania merchant house. 

Clymer became politically active in response to British tax policies and trade restrictions on colonial business. In 1773 he led a committee of Pennsylvania 

Patriots that forced the resignation of Philadelphia tea 

consignees appointed by Parliament under the Tea Act. 

An ardent Patriot, he commanded a company of the 

Associators, Philadelphia's volunteer militia. (Clymer is 

not included among the Soldier-Statesmen because he 

never served on active duty during the Revolutionary 

War.) While a member of the Pennsylvania Council of 

Safety, the executive agency created by the legislature to 

govern the newly emerging state when the legislature was 

not in session, he became an early advocate of complete 

independence for the colonies. 

Clymer brought his significant managerial and financial skills with him to national political service. He 

served as Continental treasurer (1775- 76), an office organized by the Continental Congress to supervise the 

financing of the Revolution. He proved his faith in the 

new government by exchanging his own money (gold, 

silver, and British pounds) for the paper currency issued 

by the Continental Congress. He also supported the 

Continental Loan, a plan advanced by Congress to finance the Revolution with money borrowed from the 

citizenry. 

He went on to represent Pennsylvania in the Continental Congress (1776- 77 and 1780- 82). He rarely entered into debates, but was influential in committees 

dealing with military, financial, and commercial matters. In a noteworthy act of personal bravery, Clymer 

remained with Robert Morris and George Walton in 

Philadelphia to manage government affairs during the 

winter of 1776-77 while the rest of Congress fled to 

Baltimore to escape capture by the advancing British. 

His work in helping to organize the resupply of Washington's battered main army during those crucial months 

made the victories at Trenton and Princeton possible. 

Clymer subsequently became deeply involved in Continental Army affairs, even visiting units in the field. He 

worked hard to improve the lot of the common soldier, 

supporting Washington's efforts to improve administrative efficiency, especially by reforming the Army's commissary system. His investigation of Indian uprisings at 

Fort Pitt (now Pittsburgh) in December 1777 led Congress to organize an abortive military expedition intended to reduce the British stronghold at Detroit. In 

retaliation for Clymer's role in this effort, Redcoats operating in the Philadelphia area sought out and vandalized his horne. 

Elected by his neighbors to serve in the Pennsylvania 

legislature (1784-88), he further displayed his strong humanitarian bent by advocating reform of the penal code 

and abolition of the death penalty. 

CONTRIBUTIONS TO THE CONSTITUTIONAL CONVENTION. At the Convention, Clymer served on those committees concerned with the military, commercial, and 

financial powers and responsibilities of the new government. An advocate of strong central government, he 

supported the Federalist position taken by Washington, 

Hamilton, and Madison. 

CAREER AFTER THE CONSTITUTIONAL CONVENTION. 

Clymer was a member of the House of Representatives 

in the First Congress (1789- 91), where he supported a 

liberal naturalization policy and closer ties with France. 

His continuing interest in the concerns of the common 

citizen caused him, like Madison, to gravitate toward the 

new political party emerging around Thomas Jefferson 

in opposition to his old Federalist allies. 

Clymer held two other federal offices, first as collector of excise taxes on alcoholic beverages in Pennsylvania and later as a member of the commission that 

negotiated a treaty with the Cherokee and Creek Indians 

in Georgia. Retiring from public life in 1796, he went on 

to be the first president of the Philadelphia Bank and a 

153 
sponsor of the Pennsylvania Academy of Fine Arts. 

PERSONAL DATA 

BIRTH: 16 March 1739, in Philadelphia 

DEATH: 23 January 1813, at "Sommerseat:' an estate 

in Morrisville, New Jersey, near Philadelphia 

INTERMENT: Friends Meeting House Cemetery, Trenton, New Jersey 

Benjamin Franklin 

Pennsylvania 

Benjamin Franklin was admired on two continents 

for his scientific accomplishments, wit, unpretentious 

manners, diplomatic ability, and kindly personality. He 

employed these personal qualities in the service of his 

country as an able diplomat and as the universally respected advocate of compromise in the critical moments 

of the early republic. 

CAREER BEFORE THE CONSTITUTIONAL CONVENTION. 

Franklin was the tenth son of a Massachusetts soap and 

candle maker. Largely self-taught, Franklin displayed an 

intellectual ability, readily apparent to those around 

him, that would earn him an international reputation in 

various fields. He began his career as a printer, going on 

to found the New England Courant, the fourth newspaper in the colonies. Following a serious argument with 

his brother in 1723, Franklin left Boston to start life 

anew in Philadelphia. There he quickly became an honored citizen and began his lifelong participation in political affairs. He served in Pennsylvania's colonial 

legislature (1736-64), both as delegate and elected clerk 

of the general assembly. In 1737 he also became postmaster of Philadelphia. He rose to prominence throughout the colonies when he became deputy postmaster 

general of British North America (1753-74). 

During this period Franklin found time to publish the 

Pennsylvania Gazette and to write and publish Poor Richard's Almanac, which enhanced his reputation as a 

philosopher, scientist, and inventor. His publishing ventures brought financial independence, allowing him to 

become a philanthropist and to indulge his love for scientific investigation. As a philanthropist, he supported 

and encouraged such varied programs as the establishment of public schools and libraries and the installation 

of street lighting. He was elected a member of the Royal 

Society in recognition of his scientific achievements, especially for his study of electricity. His scientific renown 

earned him honorary degrees from Yale and Harvard in 

1753 and from William and Mary in 1756. 

154 

In 1754 Franklin was selected to represent Pennsylvania at the Albany Congress, called to unite the colonies 

during the French and Indian War. At the congress, 

Franklin advanced his Albany Plan of Union, one of the 

first proposals to bring the colonies together under some 

form of central authority. The plan was adopted by the 

congress, but rejected by the colonial legislatures because they believed it encroached upon their powers. 

Franklin then entered what was to be a pivotal period 

in his life. He went to London as an agent representing 

the interests of Pennsylvania, and then later as an agent 

for Georgia, New Jersey, and Massachusetts (1757-62 

and 1764-75). Beginning as a contented Englishman 

who favored Royal rule and distrusted popular movements, he emerged as a leading spokesman for American 

rights. When the Stamp Act crisis arose, he demonstrated his new political sentiments by speaking out 

against the Act. He gradually adopted the theory that 

Parliament did not have the power to tax or to legislate 

in the colonies, and that the colonies and Great Britain 

were united "as England and Scotland were before the 

Union, by having one common Sovereign, the King." 

Returning to America, he advanced to the forefront 

of the Patriot cause as a member of the Continental 

Congress (1775-76). He served on the committee that 

drafted the Declaration of Independence. (It has been 

said that he was not chosen to draft the document for 

fear that he might conceal a joke in it.) He was the eldest 

signer of the Declaration of Independence, and when he 

finished signing the document, he joked, "Gentlemen, 

we must now all hang together, or we shall most assuredly all hang separately." Ironically, while Franklin was 

working on the Declaration, his son William, a militant 

Loyalist and the last Royal governor of New Jersey, was 

being incarcerated in Connecticut. Franklin left the 

Continental Congress to become president of Pennsylvania's constitutional convention in 1776. 

The greatest achievement of Franklin's public career 

occurred during his tenure as one of the fledgling nation's ambassadors. His work as minister to France 

(1776-85) was critical to the achievement of the nation's 

first foreign alliance, s·o essential to the success of the 

Revolutionary War effort. The respected and admired 

old statesman obtained loans, negotiated treaties of 

commerce and alliance, and, along with John Jay and 

John Adams, negotiated the lteaty of Paris that ended 

the War for Independence. Once independence was 

achieved, Franklin came home to Pennsylvania to serve 

as the president of the Supreme Executive Council of 

Philadelphia (1785-88). 

CONTRIBUTIONS TO THE CONSTITUTIONAL CONVENTION. At the age of 81, Franklin was the senior statesman of the Constitutional Convention, but his advanced 

years only served to enhance his importance in the Con-
vention, giving him a singular role to play. His few formal discourses were written out and read, since he was 

no orator, and none of his major ideas, including a single-chambered legislature, an executive board rather 

than a single President, and service in public office without pay, was ever adopted. Yet he remained among the 

most influential delegates because of his unique ability 

to soothe disputes and encourage compromise through 

his prestige, humor, and powers of diplomacy. When a 

deadlock developed over the question of how the states 

should be represented in Congress, Franklin rephrased 

the problem in simple yet direct terms: "If a property 

representation takes place, the small states contend their 

liberties will be in danger. If an equality of votes takes 

place, the large states say their money will be in danger. 

When a broad table is to be made, and the planks do not 

fit, the artist takes a little from both, and makes a good 

joint." In the end, Franklin was an important member 

of the committee that adjusted the matter of representation, thus working out the "good joint" that was to be 

the most important prerequisite to the adoption of the 

Constitution. When the time came to sign the document, Franklin encouraged his fellow delegates to take 

this spirit of compromise to its conclusion by lending the 

Constitution their unanimous support, despite the fact 

that he himself did not approve of every aspect of the 

new plan of government. He concluded: "On the whole 

... I cannot help expressing a wish that every member 

of the Convention .. . would with me, on this occasion, 

doubt a little of his own infallibility, and to make manifest our unanimity, put his name to the instrument." 

CAREER AFTER THE CONSTITUTIONAL CONVENTION. 

Franklin's last public acts were to sign a memorial to 

Congress urging the abolition of slavery, a cause with 

which he had sympathized since the 1730s, and to become the first president of the Pennsylvania Society for 

the Abolition of Slavery. His funeral in 1790 became a 

national event attended by some 20,000 people. 

PERSONAL DATA 

BIRTH: 17 January 1706, in Boston, Massachusetts 

DEATH: 17 April 1790, in Philadelphia 

INTERMENT: Christ Church Burial Ground in Philadelphia, Pennsylvania 

Nathaniel Gorham 

Massachusetts 

Nathaniel Gorham was a self-made businessman who 

contributed significantly to the success of the Revolution by assuming an important role as a civilian in the 

management of his state's military affairs. Gorham's 

practical experiences in commercial matters led him to 

realize that a strong central government would benefit 

the nation economically. Although representing one of 

the large states, he also argued that the new government 

should be granted powers sufficient to ensure that the 

states could not dominate it. At the same time, Gorham 

was a political realist who was willing to compromise on 

details to ensure acceptance of the new instrument of 

government. 

CAREER BEFORE THE CONSTITUTIONAL CONVENTION. 

Gorham was the son of a packet-boat operator and 

member of an Old Bay Colony family of modest means. 

He received little formal education, but was apprenticed 

at age fifteen to Nathaniel Coffin, a merchant in New 

London, Connecticut. Gorham succeeded in business 

because of personal ability rather than family prominence. Already well known in Charlestown by 1770, he 

began his public career as a notary, soon winning election to the colonial legislature (1771-75) where he emerged an ardent Patriot. During the Revolution his 

political star continued to rise when he displayed a special talent for administration that proved crucial to the 

wartime government of his state. In particular he served 

on the Board of War, which organized Massachusetts' 

military logistics and manpower (1778-81). When the 

Continental Army left Massachusetts for the campaign 

in New York, the Board of War not only provided for the 

coastal defenses of the region, but also supported the 

military effort in the northeastern section of the state, 

where American forces were engaged in several important expeditions against British bases in Nova Scotia. 

Gorham also was a delegate to Massachusetts' first constitutional convention (1779-80) and represented his 

community in the upper (1780) and lower (1781-87) 

houses of the new state legislature, serving several terms 

as speaker of the lower house. 

In recognition of Gorham's work during the war, 

Massachusetts appointed him a delegate to the Continental Congress (1782-83 and 1785-87) where for a period he served as president. Despite his lack of formal 

legal training, the state also appointed him judge of 

Middlesex County's court of common pleas (1785-96). 

CONTRIBUTIONS TO THE CONSTITUTIONAL CONVENTION. Gorham played an influential part in the Constitutional Convention, speaking frequently, sitting on the 

Committee of Detail, and serving as chairman of the 

Committee of the Whole. Representing the commercialcosmopolitan interests in Massachusetts, he pushed for 

a central government strong enough to protect interstate 

commerce, promote international trade, and regulate 

the use of paper money. To free the new government 

from passing fads and prejudices, he favored long presi155 
dential and senatorial terms. He also wanted to give 

Congress broad powers, but he urged the appointment 

of federal judges by the executive. Finally, he wanted a 

consolidation of military authority through control of 

the militia by the central government. Ironically, in view 

of his support of the new republic, Gorham was pessimistic about the future of his state and country. He 

believed, in the aftermath of Shays' Rebellion, that Massachusetts would divide between east and west "on the 

question [of the Constitution] as it has on all questions 

for several years past:' and that the country, because of 

its great size, would divide into several independent nations within 150 years. 

CAREER AFTER THE CONSTITUTIONAL CONVENTION. 

Gorham was a key participant in Massachusetts' struggle for ratification, won only when Gorham and other 

Federalists proposed possible amendments to the Constitution to attract the moderates who held the deciding 

votes. While retaining his seat on the court of common 

pleas, Gorham also served for a brief period (1788-89) 

on the Governor's Council, an advisory group to the 

state's chief executive. His later years were marked by a 

reverse in his personal fortunes. Along with a business 

associate, Oliver Phelps, he bought 2,600,000 acres in 

western New York, a transaction that ruined him financially when the value of paper money, and hence the real 

value of his debt, suddenly rose. 

PERSONAL DATA 

BIRTH: 27 May 1738, in Charlestown, Massachusetts 

DEATH: 11 June 1796, at Charlestown, Massachusetts 

INTERMENT: Phipps Street Cemetery, Charlestown, 

Massachusetts 

Jared Ingersoll 

Pennsylvania 

Jared Ingersoll overcame the strong influence of his 

Loyalist father to become a supporter of the Revolutionary cause. His training as a lawyer convinced him that 

the problems of the newly independent states were 

caused by the inadequacy of the Articles of Confederation. He became an early and ardent proponent of constitutional reform, although, like a number of his 

colleagues at the Constitutional Convention, he believed 

this reform could be achieved by a simple revision of the 

Articles. Only after weeks of debate did he come to see 

that a new document was necessary. Ironically, his major 

contribution to the cause of constitutional government 

came not during the Convention, but later during a 

156 

lengthy and distinguished legal career when he helped 

define many of the principles enunciated at Philadelphia. 

CAREER BEFORE THE CONSTITUTIONAL CONVENTION. 

Ingersoll was the son of a prominent British official, 

whose strong Loyalist sentiments would lead to his being 

tarred and feathered at the hands of radical Patriots. 

Ingersoll graduated from Yale College in 1766, studied 

law in Philadelphia, and was admitted to the bar in 

1773. Although by training and inclination a Patriot 

sympathizer, the young Ingersoll shied away from the 

cause at the outset because of a strong sense of personal 

loyalty to his distinguished father. On his father's advice, he sought to escape the growing political controversy at home by retiring to London to continue his 

study of the law at the Middle Temple (1773-76) and to 

tour extensively through Europe. But shortly after the 

colonies declared their independence, Ingersoll renounced his family's views, made his personal commitment to the cause of independence, and returned home. 

In 1778 he arrived in Philadelphia as a confirmed Patriot. With the help of influential friends he quickly 

established a flourishing law practice, and shortly thereafter he entered the fray as a delegate to the Continental 

Congress (1780-81). Always a supporter of strong central authority in political affairs, he became a leading 

agitator for reforming the national government in the 

postwar years, preaching the need for change to his 

friends in Congress and to the legal community. 

CONTRIBUTIONS TO THE CONSTITUTIONAL CONVENTION. At the Convention, Ingersoll was counted among 

those who favored revision of the existing Articles of 

Confederation, but in the end he joined with the majority and supported a plan for a new federal government. 

Despite his national reputation as an attorney, Ingersoll 

seldom participated in the Convention debates, although he attended all sessions. 

CAREER AFTER THE CONSTITUTIONAL CONVENTION. 

Once the new national government was created, Ingersoll returned to the law. Except for a few excursions into 

politics-he was a member of Philadelphia's Common 

Council (1789) and, as a stalwart Federalist who considered the election of Thomas Jefferson in 1800 a "great 

subversion;' he ran unsuccessfully for Vice President on 

the Federalist ticket in 1812-his public career centered 

on legal affairs. He served as attorney general of Pennsylvania (1790-99 and 1811-17), as Philadelphia's city 

solicitor (1798-1801), and as U.S. district attorney for 

Pennsylvania (1800-1801). For a brief period (1821-22) 

he sat as presiding judge of the Philadelphia district 

court. 

Ingersoll contributed to the constitutional process 

through his involvement in several key Supreme Court 

cases that defined basic points in constitutional law dur-
Gunning Bedford, Jr. (Oil, by Charles Willson Peale, c. 

1787; courtesy of the Architect of the Capitol.) 

Daniel Carroll. (Oil, by John Wollaston, c. 1758; courtesy of Maryland Historical Society.) 

John Blair. (Pastel, by William Williams, undated; courtesy of Colonial Williamsburg Foundation.) 

George Clymer. (Oil, by Charles Willson Peale, c. 1807-

10; Pennsylvania Academy of Fine Arts.) 

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1793; ("(lflf'l('.\'{, (~{ he Mll.\WIItl of /•'ine /1!'7.~. 160§1011, g(f( 

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ing the early years of the new republic. For example, he 

represented Georgia in Chisolm vs. Georgia (1793), a 

landmark case in states' rights. Here the court decided 

against him, ruling that a state might be sued by a citizen 

of another state. This complete reversal of the notion of 

state sovereignty was later rescinded by the Eleventh 

Amendment to the Constitution. In representing Hylton 

in Hylton vs. US. (1796), Ingersoll was also involved in 

the first legal challenge to the constitutionality of an act 

of Congress. In this case the Supreme Court upheld the 

government's right to impose a tax on carriages. Ingersoll also served as counsel in various cases that helped 

clarify constitutional issues concerning the jurisdiction 

of federal courts and U.S. relations with other sovereign 

nations. 

PERSONAL DATA 

BIRTH: 27 October 1749, at New Haven, Connecticut 

DEATH: 31 October 1822, in Philadelphia 

INTERMENT: First Presbyterian Church Cemetery, 

Philadelphia, Pennsylvania 

Daniel of St. Thomas Jenifer 

Maryland 

Daniel of St. Thomas Jenifer was an honored and 

effective local leader who, when conflict arose with 

Great Britain, embraced the Patriot cause, willingly 

abandoning the ordered society of colonial Maryland 

for the uncertainty of revolution. One of the oldest delegates in Philadelphia, he used his prestige to work for a 

strong and permanent union of the states. Contemporaries noted his good humor and pleasant company, 

which won him many friends at the Convention. When 

Luther Martin, who refused to sign the document, said 

that he feared being hanged if the people of Maryland 

approved the Constitution, Jenifer told him, humorously, that Martin should stay in Philadelphia, so that 

he would not hang in his home state. Along with Benjamin Franklin, Jenifer used laughter to help reconcile 

the opposing views of the delegates and to formulate the 

compromises that made the Convention a success. 

CAREER BEFORE THE CONSTITUTIONAL CONVENTION. 

Jenifer was the son of a colonial planter of Swedish and 

English descent. Born long before conflicts with Great 

Britain emerged, he was for many years a leader in 

Maryland's colonial government. As a young man, he 

acted as a receiver-general, the local financial agent for 

the last two proprietors of Maryland. Jenifer served as 

justice of the peace for Charles County and later for the 

160 

western circuit of Maryland. He sat on a commission 

that settled a boundary dispute between Pennsylvania 

and Maryland (1760) and on the Governor's Council, 

the upper house of the Maryland legislature that also 

served as the colony's court of appeals and as a board of 

senior advisers to the governor (1773-76). 

Despite his close ties with the colonial government, 

Jenifer strongly resented what he and most of the colonial gentry saw as Parliament's arbitrary interference 

with the colonies' affairs, especially its laws concerning 

taxation and trade regulation. Years before the struggle 

for independence began, he had defended the proprietors of Maryland against those who sought to make 

Maryland a Royal colony, and when the Revolution 

came he lent his considerable support as a wealthy landowner to the Patriot cause, despite the fact that many 

leading Patriots had been his enemies in the proprietorship struggle. He became the president of Maryland's 

Council of Safety, the Patriot body established to organize Maryland's military forces for the Revolution 

(1775-77). When, in 1776, a new constitution was 

framed for the state of Maryland, Jenifer commented on 

the document's neglect of popular sovereignty: "The 

Senate does not appear to me to be a Child of the people 

at Large, and therefore will not be Supported by them 

longer than there Subsists the most perfect Union between the different Legislative branches." He represented his state in the Continental Congress (1778-82) 

while simultaneously serving as president of the state's 

first senate (1777-80). As manager of the state's finances 

between 1782 and 1785, he drew on his experiences as a 

landholder to help the state survive the critical postwar 

economic depression. 

During these years, Jenifer became increasingly concerned with national affairs. Along with James Madison, John Dickinson, and his good friend George 

Washington, he began to explore ways to solve the economic and political problems that had arisen under the 

weak Articles of Confederation. Consequently, he attended the Mount Vernon Conference, a meeting that 

would lead eventually to the Constitutional Convention. 

CONTRIBUTIONS TO THE CONSTITUTIONAL CONVENTION. Like his old friend Benjamin Franklin, Jenifer 

enjoyed the status of elder statesman at the Philadelphia 

Convention. He took stands on several important issues, 

although his advanced age restricted his activity in the 

day-to-day proceedings. Business experience gained 

while managing a large plantation had convinced him 

that an active central government was needed to ensure 

financial and commercial stability. To that end, he favored a strong and permanent union of the states in 

which a Congress representing the people had the power 

to tax. Concerned with continuity in the new government, he favored a three-year term for the House of 
Representatives. Too frequent elections, he concluded, 

might lead to indifference and would make prominent 

men unwilling to seek office. Jenifer was outvoted on 

this point, but his reaction was to marvel at the delegates' ability to come to agreement on a plan of government: "The first month we only came to grips, and the 

second it seemed as though we would fly apart forever, 

but we didn't-we jelled." 

CAREER AFTER THE CONSTITUTIONAL CONVENTION. 

Jenifer, now in his sixty-fourth year, retired to "Stepney:• 

his great plantation near Annapolis. 

PERSONAL DATA 

BIRTH: 1723 (exact date unknown), at "Coates Retirement" (now "Ellerslie''), an estate near Port Tobacco in 

Charles County, Maryland 

DEATH: 16 November 1790, in Annapolis, Maryland 

INTERMENT: Exact location of his grave, which is on 

the Ellerslie estate, is unknown. 

William Samuel Johnson 

Connecticut 

William Samuel Johnson was one of the best educated of the Founding Fathers. His knowledge of the law 

led him to oppose taxation without representation as a 

violation of the colonists' rights as Englishmen, but his 

strong ties with Great Britain made renunciation of the 

King personally reprehensible. Torn by conflicting loyalties, he remained neutral during the Revolution, speaking out only against extremism on both sides. Once 

George III accepted American independence, however, 

Johnson felt released from his allegiance and readily 

committed his considerable intellectual abilities to the 

strengthening of the new nation. Fellow delegate William Pierce said of him, "Johnson possesses the manners of a Gentleman and engages the Hearts of Men by 

the sweetness of his temper, and that affectionate style 

of address with which he accosts his acquaintance .... 

eloquent and clear, always abounding with information 

and instruction, ... [He is] one of the first classics in 

America." 

CAREER BEFORE THE CONSTITUTIONAL CONVENTION. 

Johnson was already a prominent figure before the Revolution. The son of a well-known Anglican clergyman 

and later president of King's (Columbia) College, Johnson received his primary education at home. He then 

graduated from Yale College in 1744, going on to receive 

a master's degree from his alma mater in 1747 (as well as 

an honorary degree from Harvard the same year). AIthough his father urged him to enter the clergy, Johnson 

decided instead to pursue a legal career. Self-educated in 

the Jaw, he quickly developed an important clientele and 

established business connections extending beyond the 

boundaries of his native colony. He also held a commission in the Connecticut colonial militia for over 20 

years, rising to the rank of colonel, and he served in the 

lower house of the Connecticut legislature (1761 and 

1765) and in the upper house (1766 and 1771-75). He 

was a member as well of the colony's supreme court 

(1772- 74). 

Johnson was first attracted to the Patriot cause by 

what he and his associates considered Parliament's unwarranted interference in the government of the colonies. He attended the Stamp Act Congress in 1765 and 

served on the committee that drafted an address to the 

King arguing the right of the colonies to decide tax policies for themselves. He opposed the Townshend Acts 

passed by Parliament in 1767 to pay for the French and 

Indian War and supported the nonimportation agreements devised by the colonies to protest taxation without 

representation. 

As the Patriots became more radical in their demands 

for independence, Johnson found it difficult to commit 

himself wholeheartedly to the cause. Although he believed British policy unwise, he found it difficult to 

break his own connections with the mother country. A 

scholar of international renown, he had many friends in 

Britain and among the American Loyalists. As the famous English author, Samuel Johnson, said of him, "Of 

all those whom the various accidents of life have 

brought within my notice, there is scarce anyone whose 

acquaintance I have more desired to cultivate than 

yours." He was also bound to Britain by religious and 

professional ties. He enjoyed close associations with the 

Anglican Church in England and with the scholarly 

community at Oxford, which awarded him an honorary 

degree in 1766. He lived in London from 1767 to 1771, 

serving as Connecticut's agent in its attempt to settle the 

colony's title to Indian lands. 

Fearing the consequences of independence for both 

the colonies and the mother country, Johnson sought to 

avoid extremism and to reach a compromise on the outstanding political differences between the protagonists. 

He rejected his election to the First Continental Congress, a move strongly criticized by the Patriots, who 

removed him from his militia command. He was also 

strongly criticized when, seeking an end to the fighting 

after Lexington and Concord, he personally visited the 

British commander, General Thomas Gage. The incident led to his arrest for communicating with the enemy, 

but the charges were eventually dropped. 

Johnson's pro-peace activities apparently never seriously damaged his prestige. He served as a legal counsel 

161 
for Connecticut in its dispute with Pennsylvania over 

western lands (1779-80) and was nominated by Joseph 

Reed, president of the College of Philadelphia (later the 

University of Pennsylvania), to succeed him as head of 

the college. 

Once independence was achieved, Johnson felt free to 

participate in the government of the new nation, serving 

in the Continental Congress (1785-87). His influence as 

a delegate was recognized by his contemporaries. Jeremiah Wadsworth wrote of him to a friend, "Dr. Johnson 

has, I believe, much more influence than either you or 

myself. The Southern Delegates are vastly fond of him." 

CONTRIBUTIONS TO THE CONSTITUTIONAL CONVENTION. Johnson played a major role as one of the Convention's most important and respected delegates. His 

eloquent speeches on the subject of representation carried great weight during the debate. He looked to a 

strong federal government to protect the rights of Connecticut and the other small states from encroachment 

by their more powerful neighbors. To that end he supported the so-called New Jersey Plan, which called for 

equal representation of the states in the national legislature. 

In general, he favored extension of federal authority. 

He argued that the judicial power "ought to extend to 

equity as well as law" (the words "in law and equity" 

were adopted at his motion) or, in other words, that the 

inflexibility of the law had to be tempered by fairness. 

He denied that there could be treason against a separate 

state since sovereignty was "in the Union:' and he opposed prohibition of any ex post facto law, one which 

made an act a criminal offense retroactively, because 

such prohibition implied "an improper suspicion of the 

National Legislature." 

Johnson was influential even in the final stages of 

framing the Constitution. He gave his fullest support to 

the Connecticut Compromise, which foreshadowed the 

final Great Compromise that devised a national legislature with a Senate that provided equal representation for 

all states and a House of Representatives based on population. He also served on the Committee of Style, which 

framed the final form of the document. 

CAREER AFTER THE CONSTITUTIONAL CONVENTION. 

Johnson played an active role in Connecticut's ratification process, emphasizing the advantages that would accrue to the small states under the Constitution. He was 

especially proud of the document's legal clauses, in 

which "the force, which is to be employed, is the energy 

of Law; and this force is to operate only on individuals, 

who fail in their duty to their country." 

As one of Connecticut's first senators (1789-91), 

Johnson took an active part in shaping the Judiciary Act 

of 1789, a critical law that established the details of the 

federal judiciary system. He also supported Hamilto162 

nian measures that sought to strengthen the role of the 

executive in the federal government, but voted against 

giving the President the power to remove cabinet officers 

without senatorial approval. Johnson had become president of Columbia College in 1787, and when the federal 

government moved from New York to Philadelphia at 

the end of the First Congress, he retired from public 

office to retain his position at the school. 

As president of Columbia to 1800, Johnson recruited 

faculty members and established the school on a firm 

financial basis. While maintaining the school's strongly 

religious spirit, he did much to improve its prestige and 

reputation for scholarship. As a prominent Anglican 

layman, he also helped reorganize the church under a 

new, American episcopate. 

PERSONAL DATA 

BIRTH: 7 October 1727, in Stratford, Connecticut 

DEATH: 14 November 1819, in Stratford, Connecticut 

INTERMENT: Old Episcopal Cemetery, Stratford, 

Connecticut 

James Madison 

Virginia 

James Madison's prominence and leadership at the 

Constitutional Convention have earned him the title 

"Father of the Constitution." He was an unassuming 

but confident statesman who, financially independent, 

could devote his abundant energies and exceptional intellect to public affairs. This commitment was most evident in his tireless efforts to protect individual liberty 

through the creation of a strong but compassionate central government. He believed "that a well-founded commonwealth may ... be immortal." A note found among 

his writings entitled "Advice to my Country" concludes 

with the following, "The advice nearest to my heart and 

deepest in my convictions is, that the Union of the States 

be cherished and perpetuated. Let the open enemy of it 

be regarded as a Pandora with her box opened, and the 

disguised one as the serpent creeping with his deadly 

wiles into paradise." 

CAREER BEFORE THE CONSTITUTIONAL CONVENTION. 

Madison was a product of the American planter aristocracy. He graduated from the College of New Jersey (later 

Princeton) in 1771, where he was a diligent student of 

history and government. He was interested in the Jaw, 

but initially considered a career in the ministry. After 

studying theology for a year, however, he returned to 

"Montpelier:' his estate in Orange County (near "Mon-
ticello;' the home of his friend Thomas Jefferson), undecided about a profession. The Revolution quickly 

transformed him into a politician. 

Madison was politically active throughout the Revolution. He was named commander of the Orange County 

militia, but his poor health precluded any active military 

service. Along with his father, he sat on the Orange 

County Committee of Safety in 1775, and was a delegate 

to the Virginia constitutional convention in 1776. Madison's chief contribution to the convention was a resolution that declared the free exercise of religion a right and 

not something merely to be tolerated in a state with an 

established church. He was a member of Virginia's new 

House of Delegates (1776-77) and sat on the Council of 

State, the committee of senior advisers to Governor 

Thomas Jefferson (1778-80). 

In 1780 Madison became the youngest member of the 

Continental Congress. He played a major role in its deliberations, advocating tariffs as the means of raising 

federal revenue, criticizing the negotiators of the Treaty 

of Paris for working behind the backs of the French, 

and defending Virginia's western land claims. He served 

until December 1783 and again from 1786 to 1788. 

Madison spent the early postwar years engaged in 

intellectual pursuits. He studied law in an effort, as he 

put it, to obtain a profession that would depend as little 

as possible on the labor of slaves. He also studied the 

natural history of Orange County, sharing his findings 

with his friend and fellow natural history enthusiast, 

Thomas Jefferson. Madison later returned to the Virginia House of Delegates (1784- 86). His influence can 

be seen in almost every piece of legislation of the period. 

Most importantly, Madison set in motion the process 

that would eventually lead to the Constitutional Convention of 1787. He wrote extensively about deficiencies 

in the Articles of Confederation, and he organized a 

series of meetings of delegates from different states to 

discuss national economic problems. The Mount Vernon 

Conference of 1785 was convened to settle conflicting 

claims of Virginia and Maryland over navigation rights 

on the Potomac River. This conference, as Madison had 

hoped, underscored the fact that the Virginia-Maryland 

dispute was just one instance of controversy over interstate commerce. The Annapolis Convention of 1786, 

which Madison attended, was arranged to address the 

problem of interstate commerce in general, and again as 

Madison had hoped, it succeeded in demonstrating that 

commerce was only a part of the larger problems of 

disunity among the states and of weakness on the part of 

Congress because of the deficiencies of the Articles. 

CONTRIBUTIONS TO THE CONSTITUTIONAL CONVENTION. The Constitutional Convention of 1787 presented 

Madison with the opportunity for which he had so long 

prepared. Success, he believed, was imperative because 

failure would lead to a return to monarchy or to the 

dissolution of the United States into several separate 

governments. Basing his theories on the historical experiences of both ancient and modern confederacies, 

which, he charged, had failed because of the weakness 

of their central authorities, Madison arrived fully prepared to become the leading advocate of a strong central • 

government. 

The Virginia Plan embodied his principal proposals, 

including a legislature of two houses with differing 

terms of office and with representation favoring the 

large states. He wanted the national government clothed 

"with positive and compleat authority in all cases which 

require uniformity." The upper house of the legislature 

was to have a veto on state legislation , and he proposed a 

national executive. The new government would have the 

power to enforce its laws. Recognizing that so radical a 

change required popular approval, he proposed placing 

the new Constitution before the citizens in ratifying conventions created especially for that purpose. 

Madison's outstanding preparation, sharp mind, and 

flexibility in changing situations made him the undisputed leader of the Convention; he rose to address his 

colleagues at Philadelphia more than 150 times. He was 

a member of numerous committees, most importantly 

the Committees on Postponed Matters and Style, and he 

authored the definitive notes of the Convention's deliberations, which to this day are one of the best references 

available in understanding both the Convention and the 

intentions of the Founding Fathers. One delegate wrote 

of him, "Every Person seems to acknowledge his greatness. He blends together the profound politician with 

the Scholar. In the management of every great question 

he evidently took the lead in the Convention, and tho' he 

cannot be called an Orator, he is a most agreeable, eloquent, and convincing Speaker .... The affairs of the 

United States, he perhaps, has the most correct knowledge of, of any Man in the Union." 

CAREER AFTER THE CONSTITUTIONAL CONVENTION. 

Madison played a critical role in the ratification process 

in Virginia, where approval was essential because o f the 

state's size and population. He defended the Constitution against the objections of such influential men as 

Patrick Henry and Richard Henry Lee. He also collaborated with John Jay and Alexander Hamilton in producing a series of essays later published as The Federalist 

Papers (1787-88). This work, one of the most lucid expositions of the republican ideals that underlie the Constitution, is considered a classic of political theory. 

Madison was elected to the House of Representatives 

(1789-97), where he helped frame the Bill of Rights and 

assisted in organizing the executive branch. He also 

helped create the federal tax system. At the same time, 

he was a key player in the first emergence of political 

163 
parties in the United States, for he Jed the opposition to 

Alexander Hamilton, his old political ally, in the new 

national government. Along with his friend and mentor, 

Thomas Jefferson, Madison was a founder of the Democratic-Republican party, which, in defining the national government's functions, emphasized different 

portions of the Constitution than did Hamilton and the 

Federalists. 

When Federalist John Adams became President 

(1797-1801), Madison retired. During these years, his 

only public act was to author the Virginia Resolutions, 

which attacked the Federalist-sponsored Alien and Sedition Acts. With the ascent of the Democratic-Republicans in the elections of 1801, Madison returned to office, 

as President Jefferson's Secretary of State (1801- 09). Although inexperienced in diplomacy, Madison brought to 

the job intelligence, insight, and charm, which earned 

him the respect of diplomats in Washington. He was 

encumbered in the performance of his duties, however, 

by the lingering suspicions of many of his fellow Democratic-Republicans, who remembered his earlier association with Hamilton and others who remained stalwart 

Federalists. 

Madison succeeded Jefferson as President (1809-17). 

His term of office was dominated by the War of 1812, 

the result of many differences with the British growing 

out of the Napoleonic Wars. The United States especially objected to British interference with American 

shipping and impressment of American sailors into the 

King's service. The war raised much domestic controversy and ended in the virtual restoration of the status 

quo, although Andrew Jackson's victory at the battle of 

New Orleans two weeks after the peace treaty was signed 

left the nation with the impression that it had won the 

war. The resulting wave of nationalism gave Madison's 

Democratic-Republicans uncontested sway in national 

politics. 

Madison retired to Montpelier after a second term, 

but by no means withdrew from public life. He served as 

the cochairman of Virginia's constitutional convention 

(1829- 30). He wrote newspaper articles defending his 

friend President James Monroe and served as Monroe's 

foreign policy adviser. Concerned with the future of the 

union that he had worked so hard to help found, he 

spoke out against the emerging rivalries among southern, northern, and western interests. Madison also devoted time to intellectual and philanthropic pursuits. 

Although he had held slaves all of his life, he was active 

in the American Colonization Society, which sought to 

resettle slaves in Africa. He edited his journal of the 

Constitutional Convention, published by the government four years after his death, and he assisted Jefferson in founding the University of Virginia, succeeding 

him as rector of the university (1826- 36). 

164 

PERSONAL DATA 

BIRTH: 16 March 1751, in Port Conway, King George 

County, Virginia 

DEATH: 28 June 1836, at "Montpelier," Orange 

County, Virginia 

INTERMENT: On the grounds of "Montpelier" 

Robert Morris 

Pennsylvania 

Robert Morris was the master financier of the Revolution and the early republic. A contemporary described 

him as "bold and enterprising of great mercantile 

knowledge, fertile in expedients and an able financier. 

Very popular in and out of the Congress . . . grown 

extremely rich." His firm profited handsomely from the 

sale of munitions to the Continental Army, but it did so 

fairly, and Morris acted within the ethical standards of 

the time. His labors and his willingness to secure loans 

with his own personal credit saved the Army and the 

government from bankruptcy on several occasions. Although never in uniform, he exhibited singular personal 

bravery when he stayed at his post in Philadelphia to 

continue his wartime duties after the British captured 

the city. 

Based on his profound understanding of finances and 

public credit, he was a forceful proponent of a strong 

central government as the best course for a new nation 

blessed with great economic potential. Except for Roger 

Sherman, Morris was the only person to sign all three of 

the era's principal documents, the Declaration of Independence, the Articles of Confederation, and the Constitution. 

CAREER BEFORE THE CONSTITUTIONAL CONVENTION. 

Morris was born near Liverpool, England, immigrating 

to Maryland in 1747 to join his father, who was engaged 

in the tobacco export business at Oxford. The family 

moved the next year to Philadelphia where Morris 

briefly attended local schools before entering business. 

At the age of twenty, he became a partner of Charles 

Willing. Their firm would become one of America's 

leading import-export houses. Morris began his public 

career in 1765 when he served on a local committee organized to protest the Stamp Act. Along with other businessmen, Morris considered taxes imposed by 

Parliament without the consent of the colonial legislatures a form of taxation without representation and an 

abuse of the colonists' rights as English citizens. The 

committee petitioned local tax collectors to ignore the 

new law. 

When hostilities broke out in New England, Morris 

committed himself to the Revolutionary cause. He 
served in a number of political posts established in 

Pennsylvania to oversee the transition from colony to 

independent state. He was a member of Pennsylvania's 

Committee of Correspondence. He also sat on Pennsylvania's Council of Safety (1775- 76), the body that organized the arming of the state, and he was warden of the 

port of Philadelphia (1776), charged with protecting 

that great seaport in the opening phase of the Revolution. He also began the first of several terms representing his neighbors in the state legislature (1775). 

Morris represented Pennsylvania in the Continental 

Congress (1775- 78) where he voted against independence when it was first discussed on 1 July 1776. Still 

hesitant the next day, he absented himself from deliberations on the subject in the Pennsylvania delegation, but 

by 4 July he had changed his mind and signed the Declaration when it was presented to the Congress for formal 

approval. In Congress he concentrated on financial affairs and military procurement, conducting much of 

Congress' banking and serving on its Secret Committee 

for the Procurement of Munitions. In August 1778 he 

became chairman of the Finance Committee (he also 

served on the Ways and Means Committee). He managed to borrow money in spite of military reverses and 

other political difficulties, procuring funds and supplies 

from often reluctant states and obtaining personal loans 

from wealthy businessmen. His role in obtaining provisions and supplies for the Continental Army was so important that historians have concluded that 

improvement in the Army's combat effectiveness was in 

good part due to his singular efforts. 

An able and energetic delegate, he also served on a 

committee to consider fortification of seaports and on 

the Committee of Secret Correspondence which supervised negotiations leading to the alliance with France. 

Concerned not only with the immediate cause of independence but with the long-range stability of the country as well, he participated in the debates over the 

Articles of Confederation and signed them on behalf of 

Pennsylvania in March 1778. He was among the small 

group of delegates who, at considerable personal risk, 

remained in Philadelphia to continue committee work 

when Congress moved to Baltimore during the winter of 

1776-77 to escape capture by the British. By 1778 his 

influence was so strong that Morris, along with Richard 

Henry Lee and the Adamses, could be said to have controlled Congress. Yet, at the height of his popularity, 

Morris came under attack from Thomas Paine and others who accused him of war profiteering. Although a 

congressional investigation exonerated him, concluding 

that "Robert Morris . . . has acted with fidelity and 

integrity and an honorable zeal for the happiness of his 

country:• his reputation was considerably damaged by 

the charges. 

He continued to serve in the Pennsylvania legislature 

after leaving Congress, but returned to national service 

as the Superintendent of Finance (1781- 84) when the 

Articles of Confederation went into force. In this position, Morris was responsible for saving the country from 

financial ruin during the last years of the Revolution. He 

understood the severity of the economic crisis: "The 

least breach of faith must ruin us forever:' he wrote, and 

"Congress will know that the public credit cannot be 

restored without method, economy, and punctual performance of contracts." He understood good faith in 

the dealings of a debtor, whether person or nation: "The 

United States may command everything I have, except 

my integrity [i.e., commercial credit], and the loss of 

that would effectually disable me from serving them 

more." He immediately set about restoring the nation's 

credit. Assisted by Gouverneur Morris, he worked with 

the states to levy taxes to be paid in specie, slashed military and government spending, and personally bought 

supplies for the Army and Navy. His crusade against 

waste brought about a dramatic improvement in accounting procedures and, more importantly, laid the logistical basis for the decisive Franco-American victory at 

Yorktown. As the war reached its final phase, he 

strained his personal credit by issuing notes for government expenses over his own signature. Funds he borrowed from France, along with some of his own money, 

became the capital of the Bank of North America, the 

first government-incorporated bank in the United 

States. "I am determined:' he wrote, "that the bank 

shall be well supported, until it can support itself and 

then it can support us." 

CONTRIBUTIONS TO THE CONSTITUTIONAL CONVENTION. Although well known for his strong defense of the 

nationalist cause, Morris had little confidence in himself 

as a lawmaker despite the high regard in which he was 

held by his contemporaries. "The science of law is entirely out of my line:' he apologized. As a result, he 

spoke only once during the sessions at Philadelphia and 

did not participate in the Convention's committee work, 

preferring to express his views through private conversations with various delegates, including his powerful 

friends Alexander Hamilton, Gouverneur Morris, and 

George Washington. In Benjamin Franklin's absence, he 

enjoyed the privilege of nominating Washington as president of the Convention. 

CAREER AFI'ER THE CONSTITUTIONAL CONVENTION. 

President Washington offered Morris the post of Secretary of 1J:easury in the new government, but he declined 

the honor, which went instead to Alexander Hamilton. 

He preferred to enter the Congress where, despite his 

reservations about his legislative abilities, he served as 

one of Pennsylvania's first senators (1789- 95). 

Toward the end of his career Morris speculated widely 

165 
in land in the newly incorporated District of Columbia 

and in the west, a move that led to financial ruin. He 

was cast into debtor's prison (1798-1801), and the grandiose Philadelphia mansion designed for him by I.:Enfant was left unfinished, to be dubbed thereafter 

"Morris' Folly. " 

PERSONAL DATA 

BIRTH: 31 January 1734, near Liverpool, England 

DEATH: 8 May 1806, in Philadelphia, Pennsylvania 

INTERMENT: Graveyard of Christ Church, Philadelphia 

William Paterson 

New Jersey 

William Paterson was a rising young lawyer who applied his legal and executive skills to the service of the 

country during the Revolution, the Constitutional Convention, and the formative years of the new republic. 

Paterson particularly concerned himself with the question of representation in the national government. He 

was the father of what came to be called the New Jersey 

Plan. He argued with considerable force that the legal 

jurisdiction of the Convention was limited, that the delegates were assembled not to devise a pure democratic 

government in which each citizen was equally represented, but a federation of independent states in which 

each state was equally represented. In the end, he 

yielded on this point for the sake of compromise and 

union. Commenting on his influence during the proceedings, Georgia delegate William Pierce noted that 

Paterson was "one of those kind of Men whose powers 

break in upon you, and create wonder and astonishment. He is a man of great modesty whose looks bespeak talent of no great extent, but he is a Classic and a 

Lawyer, and an Orator-and of a disposition so favorable to his advancement that everyone seemed ready to 

exalt him with their praises." A grateful New Jersey 

named the city of Paterson in his honor. 

CAREER BEFORE THE CONSTITUTIONAL CONVENTION. 

Paterson was born in County Antrim, Ireland. After 

immigrating to America, he attended local schools and 

the College of New Jersey (later Princeton), where he 

graduated in 1763. He then studied law under Richard 

Stockton, a future signer of the Declaration of Independence. Even as a young man, Paterson showed a strong 

interest in national affairs and citizens' rights. As early 

as 1763 he discussed the philosophy of patriotism in his 

commencement address to his Princeton graduating 

class, applying the values of the Enlightenment philosophers he had studied to the special concerns of colonial 

166 

society. 

When Parliament in the aftermath of the French and 

Indian War began to try to tax the colonies, putting 

aside its previous "salutary neglect:' the young lawyer 

quickly became a leader of the Patriot cause in New 

Jersey. He represented Somerset County as the secretary 

of New Jersey's Provincial Congress, an extralegal legislature established by the Patriots to organize the transition from Royal colony to independent state (1775-76), 

and at New Jersey's first constitutional convention 

(1776). For a year he held a seat in the state senate (1776-

77). He also served in an executive capacity, first as a 

member of the legislative council, a group organized by 

the legislature to run the state when it was not in session 

(1776-77), and on the Council of Safety, the body that 

developed and managed New Jersey's military forces for 

the war (1777). Although he received a militia commission in the Somerset County battalion of Minutemen, he 

never saw active service. 

Paterson's major interest remained the law, and in 

1776 he assumed the post of attorney general of New 

Jersey. The responsibilities of this position grew so great 

that he had to decline election to the Continental Congress in 1780. He remained in office until 1783, when, 

independence won, he moved to New Brunswick and 

resumed his law practice. 

CONTRIBUTIONS TO THE CONSTITUTIONAL CONVENTION. Although Paterson missed the last month of the 

Convention's sessions, returning only in September to 

sign the Constitution, he nevertheless played an important role in the Convention's proceedings. He was coauthor of the New Jersey (or Paterson) Plan that asserted 

the rights of the small states by proposing a national 

legislature that, ignoring differences in size and population, gave equal voice to all the states. The proposal 

countered the Virginia Plan introduced by Edmund 

Randolph, which granted special recognition to differences in population and, therefore, favored the large 

states. 

The Constitution that emerged from the deliberations 

was essentially a compromise incorporating elements of 

both of these plans (a Senate giving equal representation 

to the states and a House based solely on population). 

Paterson also defended the concept of states' rights at 

the Convention, believing that it was the will of the 

people to protect the powers of the states from federal 

encroachments. Commenting on proposals favored by 

the large states, he noted that "the idea of a national 

Government as contradistinguished from a federal one, 

never entered into the mind of any of them [the people], 

and to the public mind we must accommodate ourselves. 

We have no power to go beyond the federal scheme, and 

if we had the people are not ripe for any other." 

CAREER AFTER THE CONSTITUTIONAL CONVENTION. 
Paterson went on to become one of New Jersey's first 

U.S. senators (1789- 90). He was a strong nationalist 

who supported the Federalist party. As a member of the 

Senate Judiciary Committee, he played an important 

role in drafting the Judiciary Act of 1789 that established the federal court system. The first nine sections of 

this very important law are in his handwriting. 

He resigned from the Senate in 1790 in order to succeed fellow signer William Livingston as governor of 

New Jersey. As governor, he pursued his interest in legal 

matters by codifying the English statutes that had been 

in force in New Jersey before the Revolution in Laws of 

the State of New Jersey. He also published a revision of 

the rules of the chancery and common law courts in 

Paterson's Practice Laws, later adopted by the New Jersey legislature. 

He resigned the governorship to become an associate 

justice of the Supreme Court (1793- 1806). There he presided over the trials of individuals indicted for treason in 

the Whiskey Rebellion, a revolt by farmers in western 

Pennsylvania over the federal excise tax on whiskey, the 

principal product of their cash crop. Militia sent out by 

President Washington successfully quelled the uprising, 

and for the first time the courts had to interpret the 

provisions of the Constitution in regard to the use of 

troops in civil disturbances. Here, and in fact throughout his long career, Paterson extolled the primacy of law 

over governments, a principle embodied in the Constitution he helped write. 

PERSONAL DATA 

BIRTH: 24 December 1745, in County Antrim, Ireland 

DEATH: 9 September 1806, in Albany, New York 

INTERMENT: Vault at the manor house of son-in-law, 

Stephen Van Rensselear; later reinterred in Albany Rural 

Cemetery, Menands, New York 

George Read 

Delaware 

George Read was described by a contemporary as tall, 

slight, agreeable, austere, and sternly moral. His public 

career also showed him to be a man possessed of strong 

principles. After a lengthy search for a moderate solution to the crisis with England, he became a Patriot and 

supported the Revolution wholeheartedly. But he was 

determined that his small state should not trade the tyranny of a distant Parliament for that imposed by a combination of its powerful neighbors. He worked hard to 

create a strong national government that would perpetuate the freedoms won in the Revolution. 

CAREER BEFORE THE CONSfiTUTIONAL CONVENTION. 

Read was the son of an Irish immigrant, a well-to-do 

landowner from Dublin who eventually settled his family in New Castle, Delaware. Read attended local schools 

in Chester, Pennsylvania, and Reverend Francis Alison's 

well-known academy in New London, Pennsylvania, before reading law under John Moland of Philadelphia. 

He married Gertrude (Ross) Till, daughter of a future 

signer of the Declaration of Independence. Read established a legal practice in New Castle in 1754 and quickly 

developed a local reputation as an honest lawyer and a 

clientele that extended beyond the boundaries of his colony. He began his public career when he accepted appointment from the Royal governor as attorney general 

(1763- 74) of the Three Lower Counties (the colonial 

name for Delaware). But he was soon speaking out in 

sympathy with those protesting Parliament's increasing 

interference with colonial self-government. In reference 

to the Stamp Act, an internal tax which Parliament 

sought to use to recoup the cost of the French and Indian War, he said that if it or anything like it were enforced, ''the colonists will entertain an opinion that they 

are to become the slaves" of Great Britain and will endeavor "to live as independently of the mother country 

as possible." 

Elected to the colonial legislature (1765-76), Read 

worked in union with the moderate representatives of 

the local merchants and landowners to press for nonimportation measures to protest Parliament's actions. 

Later he supported the committees established throughout the colonies to organize relief for the citizens of 

Boston, who were suffering from the severe economic 

measures imposed by Parliament in the wake of the Tea 

Party. 

Read represented Delaware in the Continental Congress (1774-76). An irregular attendee, he moved in conservative Patriot circles with delegates such as his friend 

(and fellow signer of the Constitution) John Dickinson. 

They were willing to fight for colonial rights, but were 

wary of extremism. Although he voted against independence on 2 July 1776 because he thought that reconciliation with Great Britain was still possible, he came round 

and, on 4 July, fully supported the Declaration. 

Read presided over Delaware's constitutional convention (1776), where he exercised more influence than any 

other member. He chaired the drafting committee, serving as a voice for moderation by balancing the revolutionary impulses of the people with the legitimate rights 

of property owners. His service as speaker of the Legislative Council (the upper house of the Delaware legislature) made him, in effect, the assistant governor of the 

state. In November 1777, after narrowly escaping capture by British troops while en route from Philadelphia 

167 
to Dover, he assumed the presidency (governorship) of 

Delaware, a post he held until March 1778. Back in the 

Legislative Council in 1779, he drafted the act authorizing Delaware's ratification of the Articles of Confederation. Reflecting the views of the smaller states, Read 

argued that taxes levied by Congress should be based on 

the population of the states, rather than on the value of 

lands and improvements, and that the title to western 

lands should be held jointly with specific limits placed 

on the claims of individual states to them. 

Following a brief retirement necessitated by ill health, 

he resumed his seat in the Legislative Council (1782-88) 

and also served as judge on the state's court of appeals 

and on a commission to settle land claims in disputes 

with Massachusetts and New York. He was primarily 

active in promoting measures to improve the state's commerce and finances. Ignoring popular pressure, he opposed inflationary measures that he feared would impair 

Delaware's long-term financial credit. 

CONTRIBUTIONS TO THE CONSTITUTIONAL CONVENTION. At the Convention, Read immediately pushed for 

a new national government based on a new Constitution. As he put it: "to amend the Articles was simply 

putting old cloth on a new garment." He was a leader in 

the fight for a strong central government, advocating, at 

one time, the abolition of the states altogether and the 

consolidation of the country under one powerful national government. "Let no one fear the states, the people are with us:• he declared to a Convention shocked by 

this radical proposal. With no one to support his motion, he settled for protecting the rights of the small 

states against the infringements of their larger, more 

populous neighbors who, he feared, would "probably 

combine to swallow up the smaller ones by addition, 

division or impoverishment." He warned that Delaware 

"would become at once a cypher in the union" if the 

principle of equal representation embodied in the New 

Jersey (small-state) Plan was not adopted and if the 

method of amendment in the Articles was not retained. 

He favored giving Congress the right to veto state laws, 

making the federal legislature immune to popular whims 

by having senators hold office for nine years or during 

good behavior, and granting the President broad appointive powers. Outspoken, he threatened to lead the 

Delaware delegation out of the Convention if the rights 

of the small states were not specificaily guaranteed in the 

new Constitution. 

CAREER AFTER THE CONSTITUTIONAL CONVENTION. 

Read was elected as one of Delaware's first U.S. senators 

(1789-93). In the Senate he allied himself with the Federalists, supporting assumption of state debts, establishment of a national bank, and imposition of excise laws. 

He resigned in 1793 to accept the post of chief justice of 

Delaware, which he retained until his death in 1798. 

168 

PERSONAL DATA 

BIRTH: 18 September 1733, near the community of 

North East in Cecil County, Maryland 

DEATH: 21 September 1798, in New Castle, Delaware 

INTERMENT: Immanuel Episcopal Churchyard, New 

Castle, Delaware 

John Rutledge 

South Carolina 

John Rutledge faithfully mirrored the beliefs and attitudes of the southern planter aristocracy. He subscribed 

to the idea of an ordered society that guaranteed the 

rights and privileges of men of property. At the same 

time, he was a fearless Patriot who sacrificed his own 

considerable wealth to the cause of independence. Well 

educated, Rutledge proved to be an able leader in a 

crucial era in the history of his state and nation. As 

governor of South Carolina during the Revolution and 

as an active delegate at the Constitutional Convention, 

he exhibited attractive and important qualities of leadership: tact, industry, courage, and political conviction. 

CAREER BEFORE THE CONSTITUTIONAL CONVENTION. 

Rutledge, the son of an Irish immigrant and physician, 

received his education at the hands of his father and 

private tutors. He also studied law at London's Middle 

Temple and was admitted to the English bar in 1760. 

Shortly thereafter he returned to Charleston where, pursuing business opportunities in agriculture, he quickly 

amassed a fortune in plantations and slaves. Typical of 

rising young men of the landowner class, Rutledge gravitated toward politics, winning election to the provincial 

assembly in 1761, where he represented Christ Church 

Parish until the Revolution. (He also served during most 

of 1764 as the colony's attorney general.) His political 

philosophy was typical of his class as well. He believed 

that those with wealth and social standing, men with the 

greatest stake in society, had the duty to govern. But he 

also reflected the teachings of the Enlightenment philosophers that he had imbibed during his studies in London. He believed that government was a contract 

between the people and their sovereign and that both 

had inalienable rights that could not be abridged by an 

act of Parliament. 

Rutledge represented South Carolina in the Stamp 

Act Congress, organized by colonial leaders in 1765 in 

response to Parliament's efforts to impose an internal 

tax on the colonies, thereby intruding into the area of 

local self-government. Rutledge advocated a moderate 

policy, one that would avoid severing ties with the 

mother country while insisting on colonial self-government. He chaired the committee that drafted the con-
gress' petition to Parliament seeking a repeal of the tax. 

Continuing as a leader of the moderate wing of the 

Patriot cause, he was elected to the First Continental 

Congress in 1774. Again he advocated a nonviolent 

course, calling for an embargo on English goods and a 

boycott of English markets (although he fought successfully to keep rice, a South Carolina staple, off the embargo list). He returned to Philadelphia as a member of 

the Second Continental Congress (1775- 76), until replaced by his younger brother Edward, who signed the 

Declaration of Independence. 

Back in South Carolina in 1776, John Rutledge also 

came to accept the need for independence. He joined the 

local Committee of Safety, the political arm of the Revolutionary cause, and helped write the state's first constitution. Elected to the state legislature (1776- 78), he 

served as president of the lower house. He resigned in 

protest when the legislature insisted on making revisions 

to the new state constitution, including the disestablishment of the Anglican Church. 

Rutledge served his state with distinction as its governor during those years of the Revolution when South 

Carolina was most threatened (1779- 82). When Charleston was besieged by the British in 1780, the legislature 

granted him war powers ("to do anything necessary for 

the public good, except the taking away of a citizen 

without legal trial"). The city fell in May, the greatest 

defeat for American arms du ring the war, and 

Rutledge's property was seized, but he escaped to North 

Carolina, where he attempted to rally forces for the recapture of Charleston. His task was made especially difficult when General Gates' army of continentals and 

local militia, whom Rutledge had helped raise, suffered 

a devastating defeat at Camden, South Carolina. Despite protests that Camden heralded the death of the 

Revolution in the Carolinas, Rutledge worked undespairingly to raise a new force. This second army, under 

the command of General Nathanael Greene, regained 

control of most of the state in 1781 and restored civil 

government. Rutledge tried to unify the state by granting pardons to many Loyalists on the condition that they 

report for six months' militia duty within 30 days. With 

the end of the Revolution approaching in 1782, he resigned the governorship and reentered the lower house 

of the legislature where, except for brief stints in the 

Continental Congress (1782-83) and the state's chancery 

court (1784), he remained until 1790. He never recouped 

his personal financial losses suffered during the war. 

CONTRIBUTIONS TO THE CONSTITUTIONAL CONVENTION. Believing that the weaknesses of the Articles of 

Confederation threatened the rights that had been won 

by the Revolution and guaranteed by provisions in the 

state constitutions, Rutledge cooperated closely with 

James Wilson in championing a strong central government. Rutledge was an influential delegate from the 

start of the Convention, when his proposal to conduct 

the sessions behind closed doors and submit all of the 

members to an oath of secrecy was accepted by all the 

delegates. His influence and activity continued throughout the Convention, where he served on five committees 

and chaired the important Committee on Detail that set 

the agenda of the meetings. He attended all sessions and 

spoke often and effectively, taking a nationalist position 

while supporting the social and economic interests of 

the southern states. He advocated wealth as a basis for 

representation, assumption of state debts, an unrestricted slave trade, election of the President by Congress, and election of Congress by state legislatures. 

Towards the end of the Convention, he was instrumental 

in drafting the final document, which was born out of a 

spirit of compromise that he, during one of the debates, 

had eloquently encouraged and praised, saying, " Is it 

not better that I should sacrifice one prized opinion than 

that all of us should sacrifice everything we might otherwise gain?" He returned home to play a key role in 

South Carolina's ratification process in 1788. 

CAREER AFTER THE CONSTITUTIONAL CONVENTION. 

Rutledge served as a presidential elector in 1789, joining 

in the unanimous choice of George Washington. The 

final phase of his public career saw him in high judicial 

positions, first for one year as an associate justice of the 

U.S. Supreme Court and then as chief justice of the 

South Carolina supreme court (1791 - 95). He was nominated by Washington to replace Chief Justice John Jay 

in 1795, but the Senate refused to confirm him because 

of his vehement opposition to Jay's n eaty with Great 

Britain and because of recurring illness following the 

death of his wife in 1792, an illness that effectively 

ended his public career. 

PERSONAL DATA 

BIRTH: September 1739 (exact date unknown), in 

Christ Church Parish, South Carolina 

DEATH: 18 June 1800, in Charleston, South Carolina 

INTERMENT: St. Michael's Episcopal Church, 

Charleston, South Carolina 

Roger Sherman 

Connecticut 

Roger Sherman's public career reflected the heritage 

and concerns of his native New England. He attributed 

his rise from humble beginnings to the twin virtues of 

hard work and honesty, virtues that he assiduously ap169 
plied to the service of the republic. John Adams, himself 

an heir to the same tradition, described Sherman as "an 

old Puritan, as honest as an angel and as firm in the 

cause of American Independence as Mount Atlas." 

Sherman was the only Founding Father to sign the four 

major documents of the era: the Articles of Association 

(1774), a Patriot can for the boycott of British goods; 

the Declaration of Independence; the Articles of Confederation; and the Constitution. 

CAREER BEFORE THE CONSTITUTIONAL CONVENTION. 

Sherman was a descendant of Captain John Sherman, 

who settled in Massachusetts in 1636, and the son of a 

Newton cobbler. Destined to follow his father's trade, 

Sherman received little formal education, but he read 

widely, especially in theology, history, mathematics, law, 

and politics. Tradition pictures the young Sherman at 

the cobbler's bench, always with a book open in front of 

him. Sherman moved to New Milford, Connecticut, in 

1743, two years after his father's death, to live with his 

brother. His strong personality and dedication to the 

work ethic soon led to success. He purchased a store and 

became county surveyor, a lucrative position that. enabled him in time to become a major landowner. He also 

assumed a variety of town offices, including juryman, 

town clerk, deacon, and school committeeman. He 

taught himself the law during this period and in 1754 

was admitted to the bar, marking the beginning of a 

distinguished legal career. 

Elected to serve his community in the colonial legislature (1755-61), Sherman was also justice of the peace 

for Litchfield County, county judge (1759), and commissary for Connecticut troops (1759), charged with organizing supplies for the militia during the decisive 

campaign of the French and Indian War. In addition to 

commercial and public pursuits, he found time to publish an essay on monetary theory, which, among other 

things, criticized the importation of luxuries as a serious 

drawback to the economic advancement of the colony. 

In 1761 he abandoned his law practice and sold his 

various businesses, moving to New Haven where he operated a store that catered to Yale students. He soon 

became a friend and benefactor of Yale, serving as its 

treasurer (1765-76) and contributing to the construction 

of its chapel. (His commitment to the school earned him 

an honorary master's degree from Yale in 1768.) By 1772 

he was prosperous enough to retire from business and 

devote himself full time to public office. He held a number of colonial and state offices throughout the Revolutionary period, sitting in the lower house (1764-66) and 

upper house (1766-85) of the Connecticut legislature. 

During most of these years he also served as an associate 

judge of Connecticut's superior court (1766-89). 

Although he opposed extremism, Sherman resented 

Parliament's interference in colonial affairs and enlisted 

170 

early in the Patriot cause. He supported nonimportation 

measures and advocated the boycott of New York merchants who did not participate in them. He was also the 

leader of the New Haven Committee of Correspondence, an extralegal political association that was part 

of a communications network among Patriot leaders in 

aU thirteen colonies. 

Sherman was an active and influential member of the 

Continental Congress (1774-81 and 1783-84). He was 

one of the first to deny the supremacy of Parliament, 

stating that Parliament had no right to make laws for 

America and, as a member of the committees that 

drafted the Declaration of Independence and the Articles of Confederation, he remained in the forefront of 

Revolutionary politics. Like Benjamin Franklin, Sherman proposed a plan of union of the North American 

colonies. John Adams said, "Mr. Sherman's [plan] was 

best liked, but very little was finally adopted from either." 

Sherman served on several other congressional committees, including the Ways and Means Committee and 

those that dealt with Indian affairs, war and ordnance, 

and the Treasury Board. He advocated imposing higher 

taxes rather than borrowing or issuing paper money as 

solutions to the country's economic problems. His last 

important actions in Congress dealt with western lands. 

This tremendous amount of activity, combined with 

worry about the wen-being of several sons serving in the 

Continental Army, began to take their ton on Sherman's 

health. As early as 1777 he wrote, "I must leave Congress soon . .. for my constitution will not admit of so 

close an application to business much longer." He did 

not leave, however, and fellow delegate Jeremiah 

Wadsworth honored his effectiveness in concluding with 

some irony that he was "as cunning as the Devil in managing legislation." Toward the end of the war, he was the 

most influential figure in Congress. 

Membership in the Continental Congress did not preclude other activities. He attended a convention of the 

New England states in 1777 to express his ideas on taxes, 

currency, and credit, and he was a delegate to the New 

Haven Convention on Prices in 1778. 

CONTRIBUTIONS TO THE CONSTITUTIONAL CONVENTION. Sherman had originally favored strengthening the 

Articles of Confederation. While in Congress, he had 

gone so far as to draft a series of amendments which 

would have given that body the power to levy imposts, to 

establish a supreme court, and to make laws binding on 

all the people. He went to the Convention "disposed to 

patch up the old scheme of Government:' but soon realized the need for a new one. Sherman was opposed to 

the democratic tendencies he saw among Convention 

delegates. He favored an executive dominated by the 

legislature, and the election of congressmen and sena-
tors in turn by the state legislatures. He also thought 

popular ratification of the new Constitution was unnecessary. 

He played an important role at the Convention, attending almost every session and sitting on the Committee on Postponed Matters. He probably helped draft the 

New Jersey Plan, the proposal favored by the small 

states since it gave equal representation to all states in 

the new government. He was the prime mover behind 

the Connecticut Compromise, the basis for the so-called 

Great Compromise that finally solved the problem of 

representation. His plan called for the creation of a Senate that gave equal representation to all states and a 

lower House with representation based on population. 

CAREER AFTER THE CONSTITUTIONAL CONVENTION. 

Sherman joined the fight for ratification of the new 

Constitution in Connecticut, enlisting support in a series 

of open letters in the New Haven Gazette entitled "To 

the People of Connecticut from A Countryman." He 

stepped down as a judge on Connecticut's superior 

court to serve as a representative in the First U.S. Congress (1789-91). There he advocated measures popular 

in New England: imposition of tariffs to protect local 

manufacturers, assumption of state debts by the federal 

government, and sale of western lands to finance the 

national debt. He also opposed amending the Constitution and locating the new national capital in the south 

(on the banks of the Potomac River). In 1791 he assumed fellow signer William Samuel Johnson's seat in 

the U.S. Senate, where he served until his death two 

years later. 

Perhaps the most notable of Sherman's personal characteristics was his firm religiosity. He opposed appointment of fellow signer Gouverneur Morris as minister to 

France because he considered that high-living Patriot to 

be of an "irreligious nature." He even published works 

that demonstrated his deep interest in theology, including A Short Sermon on the Duty of Self-Examination 

Preparatory to Receiving the Lord's Supper (1789). 

PERSONAL DATA 

BIRTH: 19 April 1721, in Newton, Massachusetts 

DEATH: 23 July 1793, in New Haven, Connecticut 

INTERMENT: Grove Street Cemetery, New Haven, 

Connecticut 

James Wilson 

Pennsylvania 

James Wilson was probably the leading constitutional 

lawyer among the Founding Fathers. Strongly committed to the cause of nationalism and possessed of an 

exceptional clarity of vision, he firmly believed that, 

from a legal perspective, both the Declaration of Independence and the Constitution required a philosophical 

statement justifying the national programs laid out by 

their authors. His well-informed leadership, especially in 

legal matters, played a vital role at a critical time in the 

nation's history. 

CAREER BEFORE THE CONSTITUTIONAL CONVENTION. 

Wilson was born in Scotland, where he attended three 

universities, but failed to earn a degree. Shortly after 

arriving in America in 1765, he became a Latin tutor at 

the College of Philadelphia (now the University of 

Pennsylvania), and successfully petitioned that institution to grant him an honorary master's degree. He soon 

decided that the law, rather than the academy, was the 

shortest route to advancement in America. He studied 

under John Dickinson, a fellow signer of the Constitution, and established a practice in Reading, Pennsylvania, in 1768. Two years later, he moved westward to the 

Scots-Irish settlement of Carlisle, Pennsylvania, where 

his new practice quickly prospered. Land speculation 

and lecturing on English literature at the College of 

Philadelphia occupied his remaining time. 

Wilson involved himself in Revolutionary politics 

early and daringly. He was chairman of the Carlisle 

Committee of Correspondence, the local political organ 

of the Patriots, in 1774. During this time he completed 

preparation of Considerations on the Nature and Extent 

of the Legislative Authority of the British Parliament, 

which, when circulated both in the Continental Congress and among the public, earned him a reputation as 

a Patriot leader. In this essay, he became one of the first 

spokesmen in the colonies to assert that Parliament had 

no authority within the colonies in any instance. He 

stated a principle similar to that upon which the later 

British Commonwealth of Nations would be based: "all 

the different members of the British empire are distinct 

States independent of each other but under the same 

sovereign." He also served as a member of Pennsylvania's provincial assembly (1775). 

Wilson took his leadership abilities to the Continental 

Congress (1774-77}, where he served on committees 

dealing with Indian and military affairs. He was reflecting the cautious attitudes of his constituency when, like 

his mentor John Dickinson, he voted to postpone, for a 

three-week period, consideration of Richard Henry Lee's 

7 June 1776 motion for independence, an action for 

which he was strongly criticized, although he subsequently voted for independence and signed the Declaration. About this time Wilson was elected a colonel in the 

Cumberland County Associators, part of the military 

organization established by Pennsylvania in the absence 

171 
of a militia, but he never saw active service. 

Wilson's career in the Continental Congress was interrupted the next year by a controversy surrounding the 

Pennsylvania constitution of 1776. Wilson opposed the 

popular new plan of government on the grounds that its 

unicameral legislature and its lack of a system of checks 

and balances would lead to mob rule rather than to 

ordered government. Because of this opposition, the 

leaders of the state government removed Wilson from 

Congress and relieved him of his militia commission. 

Wilson now took up residence in Annapolis, Maryland 

(1777- 78), but this move only intensified the scandal 

since he was now charged with abandoning his state. As 

news of his opposition to the Pennsylvania constitution 

spread, his popularity continued to wane. In 1779, after 

he moved back to Pennsylvania, a mob attacked Wilson 

and a number of conservative state legislators barricaded in Wilson's Philadelphia home. The skirmish that 

ensued resulted in casualties on both sides. Thereafter, 

the citizens of Philadelphia dubbed the old house "Fort 

Wilson." 

Wilson's fortunes now took a turn for the better. Because of his reputation as a skillful and knowledgeable 

lawyer, France selected him as its Advocate General in 

America (1779- 83), a position that required him to advise the new nation's ally on aspects of American law, 

especially in commercial and maritime matters. Although he was not then a delegate to the Continental 

Congress, that body recognized his skill as a financier 

when in 1781 it appointed Wilson director of the Bank 

of North America, recently founded by Robert Morris 

to help finance the war effort. With more moderate Patriots once more in power in Pennsylvania, Wilson was 

again elected to the Continental Congress (1782 and 

1785- 87). There he became one of the first to promoting 

strengthening the central government when he urged the 

states to surrender their western land claims, proposed 

greater revenue and taxation powers for Congress, and 

argued for representation in Congress based on free population. These outspoken positions marked him as one 

of the most farsighted leaders in the new nation. 

CONTRIBUTIONS TO THE CONSTITUTIONAL CONVENTION. Wilson was among the most influential delegates 

at the Convention. One of eighteenth-century America's 

foremost political theorists and advocates of democracy, 

he cooperated with James Madison in promoting popular sovereignty, especially in the election of congressmen, and led the opposition against those delegates who 

sought to reserve special rights and privileges for the rich 

and well-born. He considered the election of the national legislature by the people to be "not only the cornerstone, but the foundation of the fabric." Reflecting 

more than any other delegate what would one day become the mainstream of American political thought, 

172 

Wilson was practically alone among the Founding Fathers in advocating the direct election of the President as 

well. He served on the important Committee of Detail 

and delivered more speeches than anyone at the Convention with the exception of Gouverneur Morris. Duplicating the arguments he advanced while serving in 

Congress, Wilson became one of the Convention's leading advocates of a strong executive, and, in general, of a 

powerful federal government. Although he worked unstintingly for this goal, he also recognized the importance of compromise in constructing the new plan of 

government. After the Convention, he praised his colleagues, saying that "we kept steadily in our View that 

which appears to us the greatest Interest of every true 

American, the consolidation of our Union . ... And 

thus the Constitution which we now present is the result 

of a Spirit of Amity, and of that mutual Deference and 

Concession which the Peculiarity of our political Situation rendered indispensible." 

CAREER AFTER THE CONSTITUTIONAL CONVENTION. 

Wilson's life after the Convention brought both success 

and failure. He led the ratification struggle in Pennsylvania, which became the second state to approve the 

Constitution. He also worked to reform the government 

established under Pennsylvania's 1776 constitution by 

helping to draft a new constitution (1789-90), and he 

was chosen as the first professor of law at the College of 

Philadelphia. Wilson also joined the new national government, serving as an associate justice of the Supreme 

Court (1789- 98). At the same time, however, he was 

speculating in lands in western New York, Pennsylvania, 

and Georgia and promoting a grandiose scheme to recruit European immigrants to settle there. The investments proved ruinous, and Wilson was forced to move, 

in the last months of his life, to Burlington, New Jersey, 

to escape debtor's prison. 

PERSONAL DATA 

BIRTH: 14 September 1742, in Carskerdo, near St. Andrews, Scotland 

DEATH: 21 August 1798, in Edenton, North Carolina 

INTERMENT: Buried on Hayes Plantation near Edenton, North Carolina; reinterred in graveyard of Christ 

Church, Philadelphia, Pennsylvania 
SELECTED DOCUMENTS 

The formation of the American republic was a richly 

documented event. The Founding Fathers had emerged 

from a political tradition shaped in part by the treatment 

of the colonies by the British government. The achievement of independence continued this tradition in the 

form of a general suspicion of any government powers 

that were not specifically defined. The new nation demanded from its political leaders a careful definition of 

their positions and the promulgation of written constitutions and laws. In short, the Founding Fathers, reflecting the expectations of a literate public, tended to write 

everything down, an instinct that has since provided students with an unmatched opportunity to observe the 

evolution of political thought in the eighteenth century. 

The Founding Fathers' consideration of the role of 

the armed forces in a free society was a case in point. 

Beginning with the resolution of the Continental Congress that established the Continental Army to defend 

American rights, and ending with the enactment of a 

law fixing the peace establishment in 1815, the record of 

the era is replete with debate and decisions concerning 

the nature and role of the military. It reveals an emerging 

consensus concerning the proper division of military responsibility between the regular forces and a nationally 

coordinated militia. The documents particularly underscore how those in authority moved from a theoretical 

discussion of military matters, so important in the early 

Revolutionary period, to the pragmatic application of 

resources in times of war and peace during the years 

following adoption of the new Constitution. 

The documents presented below are meant to supplement the information provided in the preceding sections 

of this book. When read in this light, they amplify the 

account of the particular role of the Soldier-Statesmen 

in the formation of the country's military policies. These 

men were citizen-soldiers in the broadest sense of the 

term. They had fought in the Revolution and, with independence achieved, they returned to civilian life to take 

up the task of nation building. That they never lost sight 

of their wartime experience is evident in the practical 

way they addressed the perennial problems of the citizen's duty to defend his country and the government's 

duty to protect its citizens from unwarranted military 

control. In such works as Washington's "Sentiments on 

a Peace Establishment:' Hamilton's application of constitutional theory to military matters in the Federalist 

Papers, and Henry Knox's plan for the arrangement of 

the militia under the new government, a common theme 

emerged: that the nation's experiences in the Revolution 

had led directly to its citizens' resolve to establish a government that provided for the common defense as part 

of its broader obligation to secure the blessings of liberty. The documents cited from the immediate post-Revolutionary period state precisely what the Founding 

Fathers believed were the nation's military needs. Those 

cited from the early years of the new republic show 

clearly that in spite of partisan rhetoric and considerable 

differences of opinion, both Federalists and Jeffersonians in the end closely followed this blueprint. 

It should be noted that beyond minor deletions, as indicated, because of space limitations, these documents appear without any historical editing on our part. For 

those specialists who desire to consult complete texts 

with annotations, a list of the printed primary sources 

appears at the conclusion of this section. 

The Revolutionary Years 

Resolution of the Continental Congress Adopting the 

Continental Army, 14 June 1775. 

The resolutions being read, were adopted as follows: 

Resolved, That six companies of expert rifflemen, be 

immediately raised in Pensylvania, two in Maryland, 

and two in Virginia; that each company consist of a 

captain, three lieutenants, four serjeants, four corporals, a drummer or trumpeter, and sixty-eight privates. 

That each company, as soon as compleated, shall 

march and join the army near Boston, to be there employed as light infantry, under the command of the chief 

Officer in that army. 

That the pay of the Officers and privates be as follows, viz. a captain @ 20 dollars per month; a lieutenant 

@ 13 Y3 dollars; a serjeant @ 8 dollars; a corporal @ 7 Y3 

dollars; drummer or [trumpeter] @ 7Y3 doll.; privates 

@ 6¥3 dollars; to find their own arms and cloaths. 

That the form of the enlistment be in the following 

words: 

I have, this day, voluntarily enlisted 

myself, as a soldier, in the American continental army, 

for one year, unless sooner discharged: And I do bind 

myself to conform, in all instances, to such rules and 

regulations, as are, or shall be, established for the gov- ernment of the said Army. 

Upon motion, Resolved, That Mr. [George] Washington, Mr. [Philip) Schuyler, Mr. [Silas] Deane, Mr. 

[Thomas) Cushing, and Mr. [Joseph] Hewes be a committee to bring in a draft of Rules and regulations for 

the government of the army. 

175 
Resolution of the Continental Congress Appointing 

George Washington as Commander in Chief of the Continental Army, 15 June 1775. 

The report of the committee being read and debated, 

Resolved, That a General be appointed to command 

all the continental forces, raised, or to be raised, for the 

defence of American liberty. 

That five hundred dollars, per month, be allowed for 

his pay and expences. 

The Congress then proceeded to the choice of a general, by ballot, when George Washington, Esq. was 

unanimously elected. 

Washington's Commission as Commander in Chief of 

the Continental Army, 17 June 1775. 

IN CONGRESS 

The delegates of the United Colonies of New Hampshire, Massachusetts bay, Rhode Island, Connecticut, 

New York, New Jersey, Pensylvania, the Counties of 

New-Castle, Kent, and Sussex, on Delaware, Maryland, 

Virginia, North Carolina, and South Carolina: To 

George Washington, Esq. 

WE, reposing special trust and confidence in your 

patriotism, valor, conduct, and fidelity, do, by these 

presents, constitute and appoint you to be General and 

Commander in chief, of the army of the United Colonies, and of all the forces now raised, or to be raised, by 

them, and of all others who shall voluntarily offer their 

service, and join the said Army for the Defence of 

American liberty, and for repelling every hostile invasion 

thereof: And you are hereby vested with full power and 

authority to act as you shall think for the good and 

welfare of the service. 

And we do hereby strictly charge and require all Officers and Soldiers, under your command, to be obedient 

to your orders, and diligent in the exercise of their several duties. 

And we do also enjoin and require you, to be careful 

in executing the great trust reposed in you, by causing 

strict discipline and order to be observed in the army, 

and that the soldiers be duly exercised, and provided 

with all convenient necessaries. 

And you are to regulate your conduct in every respect 

by the rules and discipline of war, (as herewith given 

you,) and punctually to observe and follow such orders 

and directions, from time to time, as you shall receive 

from this, or a future Congress of these United Colonies, or committee of Congress. 

This commission to continue in force, until revoked 

by this, or a future Congress. 

By order of the Congress. 

176 

Dated, Philadelphia, June 17, 1775. 

Continental Congress' Declaration on the Causes and 

Necessity for Taking Up Arms, 6 July 1775. 

A declaration by the Representatives of the United 

Colonies of North America, now met in General Congress at Philadelphia, setting forth the causes and necessity of their taking up arms. 

If it was possible for men, who exercise their reason, 

to believe, that the Divine Author of our existence intended a part of the human race to hold an absolute 

property in, and an unbounded power over others, 

marked out by his infinite goodness and wisdom, as the 

objects of a legal domination never rightfully resistible, 

however severe and oppressive, the Inhabitants of these 

Colonies might at least require from the Parliament of 

Great Britain some evidence, that this dreadful authority over them, has been granted to that body. But a 

reverence for our great Creator, principles of humanity, 

and the dictates of common sense, must convince all 

those who reflect upon the subject, that government was 

instituted to promote the welfare of mankind, and ought 

to be administered for the attainment of that end. The 

legislature of Great Britain, however, stimulated by an 

inordinate passion for a power, not only unjustifiable, 

but which they know to be peculiarly reprobated by the 

very constitution of that kingdom, and desperate of success in any mode of contest, where regard should be had 

to truth, Jaw, or right, have at length, deserting those, 

attempted to effect their cruel and impolitic purpose of 

enslaving these Colonies by violence, and have thereby 

rendered it necessary for us to close with their last appeal from Reason to Arms.-Yet, however blinded that 

assembly may be, by their intemperate rage for unlimited domination, so to slight justice and the opinion of 

mankind, we esteem ourselves bound, by obligations of 

respect to the rest of the world, to make known the 

justice of our cause. 

Our forefathers, inhabitants of the island of Great 

Britain, left their native land, to seek on these shores a 

residence for civil and religious freedom. At the expence 

of their blood, at the hazard of their fortunes, without 

the least charge to the country from which they removed, by unceasing labor, and an unconquerable 

spirit, they effected settlements in the distant and inhospitable wilds of America, then filled with numerous and 

warlike nations of barbarians. Societies or governments, 

vested with perfect legislatures, were formed under charters from the crown, and an harmonious intercourse was 

established between the colonies and the kingdom from 

which they derived their origin. The mutual benefits of 

this union became in a short time so extraordinary, as to 
excite astonishment. It is universally confessed, that the 

amazing increase of the wealth, strength, and navigation 

of the realm, arose from this source; and the minister, 

who so wisely and successfully directed the measures of 

Great Britain in the late war, publicly declared, that 

these colonies enabled her to triumph over her enemies.- Towards the conclusion of that war, it pleased 

our sovereign to make a change in his counsels.-From 

that fatal moment, the affairs of the British empire began to fall into confusion, and gradually sliding from 

the summit of glorious prosperity, to which they had 

been advanced by the virtues and abilities of one man, 

are at length distracted by the convulsions, that now 

shake it to its deepest foundations. The new ministry 

finding the brave foes of Britain, though frequently defeated, yet still contending, took up the unfortunate idea 

of granting them a hasty peace, and of then subduing 

her faithful friends. 

These devoted colonies were judged to be in such a 

state, as to present victories without bloodshed, and all 

the easy emoluments of statuteable plunder.- The uninterrupted tenor of their peaceable and respectful behaviour from the beginning of colonization, their dutiful, 

zealous, and useful services during the war, though so 

recently and amply acknowledged in the most honorable 

manner by his majesty, by the late king, and by Parliament, could not save them from the meditated innovations.- Parliament was influenced to adopt the 

pernicious project, and assuming a new power over 

them, have, in the course of eleven years, given such 

decisive specimens of the spirit and consequences attending this power, as to leave no doubt concerning the 

effects of acquiescence under it. They have undertaken 

to give and grant our money without our consent, 

though we have ever exercised an exclusive right to dispose of our own property; statutes have been passed for 

extending the jurisdiction of courts of Admiralty and 

Vice-Admiralty beyond their ancient limits; for depriving us of the accustomed and inestimable privilege of 

trial by jury, in cases affecting both life and property; 

for suspending the legislature of one of the colonies; for 

interdicting all commerce to the capital of another; and 

for altering fundamentally the form of government established by charter, and secured by acts of its own legislature solemnly confirmed by the crown; for exempting 

the "murderers" of colonists from legal trial, and in 

effect, from punishment; for erecting in a neighboring 

province, acquired by the joint arms of Great Britain 

and America, a despotism dangerous to our very existence; and for quartering soldiers upon the colonists in 

time of profound peace. It has also been resolved in 

parliament, that colonists charged with committing certain offences, shall be transported to England to be 

tried. 

But why should we enumerate our injuries in detail? 

By one statute it is declared, that parliament can "of 

right make Jaws to bind US IN ALL CASES WHATSOEVER." 

What is to defend us against so enormous, so unlimited 

a power? Not a single man of those who assume it, is 

chosen by us; or is subject to our controul or influence; 

but, on the contrary, they are all of them exempt from 

the operation of such laws, and an American revenue, if 

not diverted from the ostensible purposes for which it is 

raised, would actually lighten their own burdens in proportion as they increase ours. We saw the misery to 

which such despotism would reduce us. We for ten years 

incessantly and ineffectually besieged the Throne as 

supplicants; we reasoned, we remonstrated with parliament, in the most mild and decent language. But Administration, sensible that we should regard these 

oppressive measures as freemen ought to do, sent over 

fleets and armies to enforce them. The indignation of 

the Americans was roused, it is true; but it was the 

indignation of a virtuous, loyal, and affectionate people. A Congress of Delegates from the United Colonies 

was assembled at Philadelphia, on the fifth day of last 

September. We resolved again to offer an humble and 

dutiful petition to the King, and also addressed our fellow-subjects of Great Britain. We have pursued every 

temperate, every respectful measure: we have even proceeded to break off our commercial intercourse with our 

fellow-subjects, as the last peaceable admonition, that 

our attachment to no nation upon earth should supplant 

our attachment to liberty.- This, we flattered ourselves, 

was the ultimate step of the controversy: But subsequent 

events have shewn, how vain was this hope of finding 

moderation in our enemies. 

Several threatening expressions against the colonies 

were inserted in his Majesty's speech; our petition, 

though we were told it was a decent one, and that his 

Majesty had been pleased to receive it graciously, and to 

promise laying it before his Parliament, was huddled 

into both houses amongst a bundle of American papers, 

and there neglected. The Lords and Commons in their 

address, in the month of February, said, that "a rebellion at that time actually existed within the province of 

Massachusetts bay; and that those concerned in it, had 

been countenanced and encouraged by unlawful combinations and engagements, entered into by his Majesty's 

subjects in several of the other colonies; and therefore 

they besought his Majesty, that he would take the most 

effectual measures to enforce due obedience to the laws 

and authority of the supreme legislature." -Soon after, 

the commercial intercourse of whole colonies, with foreign countries, and with each other, was cut off by an 

act of Parliament; by another, several of them were entirely prohibited from the fisheries in the seas near their 

coasts, on which they always depended for their suste177 
nance; and large re-inforcements of ships and troops 

were immediately sent over to General Gage. 

Fruitless were all the entreaties, arguments, and eloquence of an illustrious band of the most distinguished 

Peers, and Commoners, who nobly and strenuously asserted the justice of our cause, to stay, or even to mitigate the heedless fury with which these accumulated and 

unexampled outrages were hurried on.-Equally fruitless was the interference of the city of London, of Bristol, and many other respectable towns in our favour. 

Parliament adopted an insidious manoeuvre calculated 

to divide us, to establish a perpetual auction of taxations 

where colony should bid against colony, all of them uninformed what ransom would redeem their lives; and 

thus to extort from us, at the point of the bayonet, the 

unknown sums that should be sufficient to gratify, if 

possible to gratify, ministerial rapacity, with the miserable indulgence left to us of raising, in our own mode, the 

prescribed tribute. What terms more rigid and humiliating could have been dictated by remorseless victors to 

conquered enemies? In our circumstances to accept 

them, would be to deserve them. 

Soon after the intelligence of these proceedings arrived on this continent, General Gage, who in the course 

of the last year had taken possession of the town of 

Boston, in the province of Massachusetts Bay, and still 

occupied it as a garrison, on the 19th day of April, sent 

out from that place a large detachment of his army, who 

made an unprovoked assault on the inhabitants of the 

said province, at the town of Lexington, as appears by 

the affidavits of a great number of persons, some of 

whom were officers and soldiers of that detachment, 

murdered eight of the inhabitants, and wounded many 

others. From thence the troops proceeded in warlike array to the town of Concord, where they set upon another 

party of the inhabitants of the same province, killing 

several and wounding more, until compelled to retreat 

by the country people suddenly assembled to repel this 

cruel aggression. Hostilities, thus commenced by the 

British troops, have been since prosecuted by them without regard to faith or reputation.- The inhabitants of 

Boston being confined within that town by the General 

their Governor, and having, in order to procure their 

dismission, entered into a treaty with him, it was stipulated that the said inhabitants having deposited their 

arms with their own magistrates, should have liberty to 

depart, taking with them their other effects. They accordingly delivered up their arms, but in open violation 

of honor, in defiance of the obligation of treaties, which 

even savage nations esteemed sacred, the Governor ordered the arms deposited as aforesaid, that they might 

be preserved for their owners, to be seized by a body of 

soldiers; detained the greatest part of the inhabitants in 

the town, and compelled the few who were permitted to 

178 

retire, to leave their most valuable effects behind. 

By this perfidy wives are separated from their husbands, children from their parents, the aged and the sick 

from their relations and friends, who wish to attend and 

comfort them; and those who have been used to live in 

plenty and even elegance, are reduced to deplorable distress. 

The General, further emulating his ministerial masters, by a proclamation bearing date on the 12th day of 

June, after venting the grossest falsehoods and calumnies against the good people of these colonies, proceeds 

to "declare them all, either by name or description, to be 

rebels and traitors, to supersede the course of the common Jaw, and instead thereof to publish and order the 

use and exercise of the law martial." - His troops have 

butchered our countrymen, have wantonly burnt Charles-Town, besides a considerable number of houses in 

other places; our ships and vessels are seized; the necessary supplies of provisions are intercepted, and he is 

exerting his utmost power to spread destruction and devastation around him. 

We have received certain intelligence that General 

Carleton, the Governor of Canada, is instigating the 

people of that province and the Indians to fall upon us; 

and we have but too much reason to apprehend, that 

schemes have been formed to excite domestic enemies 

against us. In brief, a part of these colonies now feels, 

and all of them are sure of feeling, as far as the vengance 

of administration can inflict them, the complicated calamities of fire, sword, and famine.-We are reduced to 

the alternative of chusing an unconditional submission 

to the tyranny of irritated ministers, or resistance by 

force.- The latter is our choice.- We have counted the 

cost of this contest, and find nothing so dreadful as 

voluntary slavery.- Honor, justice, and humanity, forbid us tamely to surrender that freedom which we received from our gallant ancestors, and which our 

innocent posterity have a right to receive from us. We 

cannot endure the infamy and guilt of resigning succeeding generations to that wretchedness which inevitably 

awaits them, if we basely entail hereditary bondage upon 

them. 

Our cause is just. Our union is perfect. Our internal 

resources are great, and, if necessary, foreign assistance 

is undoubtedly attainable.- We gratefully acknowledge, 

as signal instances of the Divine favour towards us, that 

his Providence would not permit us to be called into this 

severe controversy, until we were grown up to our present 

strength, had been previously exercised in warlike operation, and possessed of the means of defending ourselves.-With hearts fortified with these animating 

reflections, we most solemnly, before God and the 

world, declare, that, exerting the utmost energy of those 

powers, which our beneficent Creator hath graciously 
bestowed upon us, the arms we have been compelled by 

our enemies to assume, we will, in defiance of every 

hazard, with unabating firmness and perseverance, employ for the preservation of our liberties; being with our 

[one] mind resolved to dye Free-men rather than live 

Slaves. 

Lest this declaration should disquiet the minds of our 

friends and fellow-subjects in any part of the empire, we 

assure them that we mean not to dissolve that Union 

which has so long and so happily subsisted between us, 

and which we sincerely wish to see restored.- Necessity 

has not yet driven us into that desperate measure, or 

induced us to excite any other nation to war against 

them.- We have not raised armies with ambitious designs of separating from Great Britain, and establishing 

independent states. We fight not for glory or for conquest. We exhibit to mankind the remarkable spectacle 

of a people attacked by unprovoked enemies, without 

any imputation or even suspicion of offence. They boast 

of their privileges and civilization, and yet proffer no 

milder conditions than servitude or death. 

In our own native land, in defence of the freedom 

that is our birth-right, and which we ever enjoyed till the 

late violation of it- for the protection of our property, 

acquired solely by the honest industry of our fore.-fathers and ourselves, against violence actually offered, 

we have taken up arms. We shall lay them down when 

hostilities shall cease on the part of the aggressors, and 

all danger of their being renewed shall be removed, and 

not before. 

With an humble confidence in the mercies of the supreme and impartial Judge and Ruler of the universe, we 

most devoutly implore his divine goodness to protect us 

happily through this great conflict, to dispose our adversaries to reconciliation on reasonable terms, and thereby 

to relieve the empire from the calamities of civil war. 

By order of Congress, 

JOHN HANCOCK, 

President. 

Attested, 

CHARLES THOMSON, 

Secretary. 

Philadelphia, July 6th, 1775. 

The Declaration of Independence, 4 July 1776. 

Agreeable to the order of the day, the Congress resolved itself into a committee of the whole, to take into 

their farther consideration, the declaration; and, after 

some time, the president resumed the chair. Mr. [Benjamin] Harrison reported, that the committee of the 

whole Congress have agreed to a Declaration, which he 

delivered in. 

The Declaration being again read, was agreed to as 

follows: 

The unanimous Declaration of the thirteen United 

States of America. 

When, in the Course of human events, it becomes 

necessary for one people to dissolve the political bands 

which have connected them with another, and to assume, among the Powers of the earth, the separate and 

equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions 

of mankind requires that they should declare the causes 

which impel them to the separation. 

We hold these truths to be self-evident, that all men 

are created equal, that they are endowed by their Creator 

with certain unalienable Rights, that among these, are 

Life, Liberty, and the pursuit of Happiness. That, to 

secure these rights, Governments are instituted among 

Men, deriving their just Powers from the consent of the 

governed. That, whenever any form of Government becomes destructive of these ends, it is the Right of the 

People to alter or to abolish it, and to institute new 

Government, laying its foundation on such Principles, 

and organizing its Powers in such form, as to them shall 

seem most likely to effect their Safety and Happiness. 

Prudence, indeed, will dictate that Governments long 

established should not be changed for light and transient 

causes; and, accordingly, all experience hath shewn, that 

mankind are more disposed to suffer, while evils are 

sufferable, than to right themselves by abolishing the 

forms to which they are accustomed. But, when a long 

train of abuses and usurpations, pursuing invariably the 

same Object, evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to 

throw off such Government, and to provide new Guards 

for their future Security. Such has been the patient sufferance of these Colonies; and such is now the necessity 

which constrains them to alter their former Systems of 

Government. The history of the present King of Great 

Britain is a history of repeated injuries and usurpations, 

all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be 

submitted to a candid world. 

He has refused his Assent to Laws the most wholesome and necessary for the public good. 

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in 

their operation till his Assent should be obtained; and 

when so suspended, he has utterly neglected to attend to 

them. 

He has refused to pass other Laws for the accommodation of large districts of People, unless those People 

would relinquish the right of Representation in the legislature; a right inestimable to them and formidable to 

179 
tyrants only. 

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository 

of their Public Records, for the sole Purpose of fatiguing them into compliance with his measures. 

He has dissolved Representative Houses repeatedly, 

for opposing, with manly firmness, his invasions on the 

rights of the People. 

He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative Powers, incapable of Annihilation, have returned to 

the People at large for their exercise; the State remaining 

in the mean time exposed to all the dangers of invasion 

from without, and convulsions within. 

He has endeavoured to prevent the Population of 

these States; for that purpose obstructing the Laws for 

Naturalization of Foreigners; refusing to pass others to 

encourage their migrations hither, and raising the conditions of new Appropriations of Lands. 

He has obstructed the Administration of Justice, by 

refusing his Assent to Laws for establishing Judiciary 

Powers. 

He has made Judges dependent on his Will alone, for 

the tenure of their offices, and the amount and payment 

of their salaries. 

He has erected a multitude of New Offices, and sent 

hither swarms of Officers to harrass our People, and eat 

out their substance. 

He has kept among us, in times of Peace, Standing 

Armies, without the Consent of our legislatures. 

He has affected to render the Military independent of 

and superior to the Civil Power. 

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of 

pretended Legislation: 

For quartering large bodies of armed troops among 

us: 

For protecting them, by a mock Trial, from Punishment for any Murders which they should commit on the 

Inhabitants of these States: 

For cutting off our Trade with all parts of the world: 

For imposing Taxes on us without our Consent: 

For depriving us, in many cases, of the benefits of 

Trial by Jury: 

For transporting us beyond Seas to be tried for pretended offences: 

For abolishing the free System of English Laws in a 

neighbouring province, establishing therein an Arbitrary 

government, and enlarging its Boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies: 

For taking away our Charters, abolishing our most 

valuable Laws, and altering fundamentally the Forms of 

180 

our Governments: 

For suspending our own Legislatures, and declaring 

themselves invested with Power to legislate for us in all 

cases whatsoever. 

He has abdicated Government here, by declaring us 

out of his protection, and waging War against us. 

He has plundered our seas, ravaged our Coasts, burnt 

our towns, and destroyed the Lives of our People. 

He is at this time transporting large Armies of foreign 

Mercenaries to compleat the works of death, desolation 

and tyranny, already begun with circumstances of Cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized 

nation. 

He has constrained our fellow Citizens, taken Captive 

on the high Seas, to bear Arms against their Country, to 

become the executioners of their friends and Brethren, 

or to fall themselves by their Hands. 

He has excited domestic insurrections amongst us, 

and has endeavoured to bring on the inhabitants of our 

frontiers, the merciless Indian Savages, whose known 

rule of warfare, is an undistinguished destruction of all 

ages, sexes and conditions. 

In every stage of these Oppressions, We have Petitioned for Redress, in the most humble terms: Our repeated Petitions, have been answered only by repeated 

injury. A Prince, whose character is thus marked by 

every act which may define a Tyrant, is unfit to be the 

ruler of a free People. 

Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of 

attempts by their legislature to extend an unwarrantable 

jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We 

have appealed to their native justice and magnanimity, 

and we have conjured them by the ties of our common 

kindred, to disavow these usurpations, which, would 

inevitably interrupt our connexions and correspondence. They too have been deaf to the voice of justice 

and of consanguinity. We must, therefore, acquiesce in 

the necessity, which denounces our Separation, and hold 

them, as we hold the rest of mankind, Enemies in War, 

in Peace Friends. 

We, therefore, the Representatives of the united States 

of America, in GENERAL CONGRESS assembled, appealing to the Supreme Judge of the World for the rectitude 

of our intentions, DO, in the Name, and by Authority of 

the good People of these Colonies, solemnly PUBLISH 

and DECLARE, That these United Colonies are, and of 

Right, ought to be Free and Independent States; that 

they are Absolved from all Allegiance to the British 

Crown, and that all political connexion between them 

and the State of Great Britain, is and ought to be totally 

dissolved; and that, as FREE and INDEPENDENT STATES, 
they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other 

Acts and Things which INDEPENDENT STATES may of 

right do. AND for the support of this Declaration, with a 

firm reliance on the protection of divine Providence, we 

mutually pledge to each other our Lives, our Fortunes, 

and our sacred Honour. 

The foregoing declaration was, by order of Congress, 

engrossed, and signed by the following members: 

JOHN HANCOCK. 

JOSIAH BAIITLETI. 

W" WHIPPLE. 

SAML ADAMS. 

JOHN ADAMS. 

ROBT TREAT PAINE. 

ELBRIDGE GERRY. 

STEPH. HOPKINS. 

WILLIAM ELLERY. 

ROGER SHERMAN. 

SAMEL HUNTINGTON. 

W" WILLIAMS. 

OLIVER WOLCOTI. 

MATIHEW THORNTON. 

W" FLOYD. 

PHIL LIVINGSTON. 

FRAN5 LEWIS. 

LEWIS MORRIS. 

RICH0 STOCKTON. 

JNO WITERHSPOON. 

FRA5 HOPKINSON. 

JOHN HAirr. 

ABRACLARK. 

Rosr MORRIS. 

BENJAMIN RUSH. 

BENJA FRANKLIN. 

JOHN MORTON. 

GEOCLYMER. 

JA5 SMITH. 

GEO. TAYLOR. 

JAMES WILSON. 

GEO. ROSS. 

CAESAR RODNEY. 

GEOREAD. 

THOS M:KEAN. 

SAMUEL CHASE. 

W" PACA. 

TH05 STONE. 

CHARLES CARROLL of 

Carrollton. 

GEORGE WYTHE. 

RICHARD HENRY LEE. 

TH. JEFFERSON. 

BENJA HARRISON. 

TH05 NELSON, JR. 

FRANCIS LiGHTFOOT LEE. 

CAIITER BRAXTON. 

WM HOOPER. 

JOSEPH HEWES. 

JOHN PENN. 

EDWARD RUTLEDGE. 

THO' HEYWARD, JUN.' 

THOMAS LYNCH, JUN.' 

ARTHUR MIDDLETON. 

BUTTON GWINNETI. 

LYMAN HALL. 

GEOWALTON. 

The Eighty-Eight Battalion Resolution of the Continental Congress Authorizing an Expanded Continental 

Army To Serve for the Duration of the War, 16 September 1776. 

Agreeable to order, Congress resolved itself into a 

committee of the whole, to take into consideration the 

report of the Board of War; and, after some time, the 

president resumed the chair, and Mr. [Thomas] Nelson 

reported, the committee have had under consideration 

the report of the Board of War, and have made sundry 

amendments, which they ordered him to lay before Congress: 

Congress then took into consideration the report of 

the Board of War, with the amendments offered by the 

committee of the whole; and, thereupon, came to the 

following resolutions: 

That eighty eight batallions be inlisted as soon as 

possible, to serve during the present war, and that each 

state furnish their respective quotas in the following proportions, viz. 

New Hampshire, 

Massachusetts bay, - Rhode Island, 

Connecticut, 

New York, 

New Jersey, 

Pensylvania, 

Delaware, 

Maryland, 

Virginia, 

North Carolina, 

South Carolina, 

Georgia, 

3 batallions. 

15 

2 

8 

4 

4 

12 

1 

8 

15 

9 

6 

l 

That twenty dollars be given as a bounty to each noncommissioned officer and private soldier, who shall inlist to serve during the present war, unless sooner 

discharged by Congress: 

That Congress make provision for granting lands, in 

the following proportions: to the officers and soldiers 

who shall so engage in the service, and continue therein 

to the close of the war, or until discharged by Congress, 

and to the representatives of such officers and soldiers as 

shall be slain by the enemy: 

Such lands to be provided by the United States, and 

whatever expence shall be necessary to procure such 

land, the said expence shall be paid and borne by the 

states in the same proportion as the other expences of 

the war, viz. 

To a colonel, 500 acres; to a lieutenant colonel, 450; 

to a major, 400; to a captain, 300; to a lieutenant, 200; 

to an ensign, 150; each noncommissioned officer and 

soldier, 100: 

That the appointment of all officers, and filling up 

vacancies, (except general officers) be left to the governments of the several states, and that every state provide 

arms, cloathing, and every necessary for its quota of 

troops, according to the foregoing estimate: The expence of the cloathing to be deducted from the pay of 

the soldiers, as usual: 

That all officers be commissioned by Congress: 

That it be recommended to the several states, that 

they take the most speedy and effectual measures for 

inlisting their several quotas: 

That the money to be given for bounties be paid by 

the pay master in the department where the soldier shall 

in list: 

That each soldier receive pay and subsistence from the 

181 
time of their inlistment. 

Resolutions of the Continental Congress Expanding the 

Continental Army and Extending Emergency Powers to 

Washington, 27 December 1776. 

The committee on the state of the army, brought in 

their report, which was taken into consideration; Whereupon; 

Resolved, That a brigadier general of artillery be appointed; and, the ballots being taken, 

Colonel Henry Knox was elected. 

Resolved, That General Washington be empowered to 

use every endeavour, by giving bounties and otherwise, 

to prevail upon the troops, whose time of inlistment 

shall expire at the end of the month, to stay with the 

army so long after that period, as its situation shall 

render their stay necessary: 

That the new levies in Virginia, Maryland, the Delaware state, Pensylvania, and New Jersey, be ordered to 

march by companies, and parts of companies, as fast as 

they shall be raised, and join the army under General 

Washington, with the utmost despatch: 

That the foregoing resolution be transmitted by the 

president to the executive powers of the states before 

mentioned, who are requested to carry it into execution; 

to appoint commissaries to precede the troops, and procure provision for them on their march; and that they be 

empowered to draw money for this purpose from the 

nearest continental pay master: 

That General Washington be empowered to appoint a 

commissary of prisoners, and a cloathier general for 

supplying the army; to fix their salaries, and return their 

names to Congress: 

That General Washington be requested to fix upon 

that system of promotion in the continental army, 

which, in his opinion, and that of the general officers 

with him, will produce most general satisfaction; that it 

be suggested to him, whether a promotion of field officers in the colonial line, and of captains and subalterns 

in the regimental line, would not be the most proper: 

That the Committee of Congress at Philadelphia be 

desired to contract with proper persons for erecting at 

Carlisle, in Pensylvania, a magazine sufficient to contain ten thousand stand of arms and two hundred tons 

of gun powder, and also for erecting an elaboratory adjacent to such magazine. 

That the council of Massachusetts bay be desired to 

contract with proper persons for erecting in the town of 

Brookfield in that state, a magazine sufficient to contain 

ten thousand stand of arms and two hundred tons of 

gun powder, and also for erecting an elaboratory adjacent to such magazine. 

182 

That Congress approve of General Washington's directing the quarter master general to provide teams for 

each regiment, and for other necessary purposes: 

That the Committee of Secret Correspondence be desired to direct the Commissioners at the Court of France 

to procure, if possible, from that Court an hundred 

thousand stand of small arms. 

That the 2d and 7th Virginia regiments, with all the 

convalescents from the other corps left in that state, and 

now fit for duty, be ordered to march and join the army 

under General Washington, with the utmost despatch, 

leaving the arms that they have at present, with the governor and council of that state, as they will be provided 

with others at the Head of Elk: 

That three of the regiments, upon the new establishment, in North Carolina, be ordered to march immediately ... to join General Washington: 

That the state of Virginia be empowered to call into 

service, at the continental expence, three regiments of 

militia, or minute men, if such a measure shall be, by 

that state, judged necessary. 

The unjust, but determined, purpose of the British 

court to enslave these free states, obvious through every 

delusive insinuation to the contrary, having placed 

things in such a situation, that the very existence of civil 

liberty now depends on the right execution of military 

powers, and the vigorous, decisive conduct of these, being impossible to distant, numerous, and deliberative 

bodies: 

This Congress, having maturely considered the 

present crisis; and having perfect reliance on the wisdom, vigour, and uprightness of General Washington, 

do, hereby, 

Resolve, That General Washington shall be, and he is 

hereby, vested with full, ample, and complete powers to 

raise and collect together, in the most speedy and effectual manner, from any or all of these United States, 16 

batallions of infantry, in addition to those already voted 

by Congress; to appoint officers for the said batallions; 

to raise, officer, and equip three thousand light horse; 

three regiments of artillery, and a corps of engineers, 

and to establish their pay; to apply to any of the states 

for such aid of the militia as he shall judge necessary; to 

form such magazines of provisions, and in such places, 

as he shall think proper; to displace and appoint all 

officers under the rank of brigadier general, and to fill 

up all vacancies in every other department in the American armies; to take, wherever he may be, whatever he 

may want for the use of the army, if the inhabitants will 

not sell it, allowing a reasonable price for the same; to 

arrest and confine persons who refuse to take the continental currency, or are otherwise disaffected to the 

American cause; and return to the states of which they 

are citizens, their names, and the nature of their of-
fences, together with the witnesses to prove them: 

That the foregoing powers be vested in General Washington, for and during the term of six months from the 

date hereof, unless sooner determined by Congress. 

John Dickinson's Draft of the Articles of Confederation, 12 July 1776. 

Articles of confederation and perpetual union, between 

the colonies of 

New Hampshire, 

Massachusetts Bay, 

Rhode Island, 

Connecticut, 

New York, 

New Jersey, 

Pennsylvania, 

The counties of New Castle, Kent 

and Sussex on Delaware, Maryland, 

Virginia, 

North Carolina, 

South Carolina, and 

Georgia. 

ART. I. THE Name of this Confederacy shall be "THE 

UNITED STATES OF AMERICA." 

ART. II. The said Colonies unite themselves so as never 

to be divided by any Act whatever, and hereby severally 

enter into a firm League of Friendship with each other, 

for their common Defence, the Security of their Liberties, and their mutual and general Welfare, binding the 

said Colonies to assist one another against all Force offered to or attacks made upon them or any of them, on 

Account of Religion, Sovereignty, Trade, or any other 

Pretence whatever. 

ART. III. Each Colony shall retain and enjoy as much of 

its present Laws, Rights and Customs, as it may think 

fit, and reserves to itself the sole and exclusive Regulation and Government of its internal police, in all matters 

that shall not interfere with the Articles of this Confederation. 

ART. IV. No Colony or Colonies, without the Consent 

of the United States assembled, shall send any Embassy 

to or receive any Embassy from, or enter into any Treaty, 

Convention or Conference with the King or Kingdom of 

Great-Britain, or any foreign Prince or State; nor shall 

any Colony or Colonies, nor any Servant or Servants of 

the United States, or of any Colony or Colonies, accept 

of any Present, Emolument, Office, or Title of any Kind 

whatever, from the King or Kingdom of Great-Britain, 

or any foreign Prince or State; nor shall the United 

States assembled, or any Colony grant any Title of Nobility. 

ART. V. No two or more Colonies shall enter into any 

Treaty, Confederation or Alliance whatever between 

them, without the previous and free Consent and Allowance of the United States assembled, specifying accurately the Purposes for which the same is to be entered 

into, and how long it shall continue. 

ART. VI. The Inhabitants of each Colony shall henceforth always have the same Rights, Liberties, Privileges, 

Immunities and Advantages, in the other Colonies, 

which the said Inhabitants now have, in all Cases whatever, except in those provided for by the next following 

Article. 

ART. VII. The Inhabitants of each Colony shall enjoy 

all the Rights, Liberties, Privileges, Immunities, and 

Advantages, in 'frade, Navigation, and Commerce, in 

any other Colony, and in going to and from the same 

from and to any Part of the World, which the Natives of 

such Colony ... enjoy. 

ART. VIII. Each Colony may assess or lay such Imposts 

or Duties as it thinks proper, on Importations or Exportations, provided such Imposts or Duties do not interfere with any Stipulations in 'freaties hereafter entered 

into by the United States assembled, with the King or 

Kingdom of Great Britain, or any foreign Prince or 

State. 

ART. IX. No standing Army or Body of Forces shall be 

kept up by any Colony or Colonies in Times of Peace, 

except such a Number only as may be requisite to garrison the Forts necessary for the Defence of such Colony 

or Colonies: But every Colony shall always keep up a 

well regulated and disciplined Militia, sufficiently armed 

and accoutred; and shall provide and constantly have 

ready for Use in public Stores, a due Number of Field 

Pieces and Tents, and a proper Quantity of Ammunition, and Camp Equipage. 

ART. X. When Troops are raised in any of the Colonies 

for the common Defence, the Commission Officers 

proper for the 'froops raised in each Colony, except the 

General Officers, shall be appointed by the Legislature 

of each Colony respectively, or in such manner as shall 

by them be directed. 

ART. XI. AJJ Charges of Wars and all other Expences 

that shall be incurred for the common Defence, or general Welfare, and allowed by the United States assembled, shall be defrayed out of a common 'freasury, which 

shall be supplied by the several Colonies in Proportion 

to the Number of Inhabitants of every Age, Sex and 

Quality, except Indians not paying Taxes, in each Colony, a true Account of which, distinguishing the white 

Inhabitants, shall be triennially taken and transmitted to 

the Assembly of the United States. The Thxes for paying 

that Proportion shall be laid and levied by the Authority 

and Direction of the Legislatures of the several Colonies, 

within the Time agreed upon by United States assembled. 

ART. XII. Every Colony shall abide by the Determinations of the United States assembled, concerning the 

Services performed and Losses or Expences incurred by 

every Colony for the common Defence or general Welfare, and no Colony or Colonies shall in any Case whatever endeavor by Force to procure Redress of any Injury 

or Injustice supposed to be done by the United States to 

such Colony or Colonies in not granting such Satisfac183 
tions, Indemnifications, Compensations, Retributions, 

Exemptions, or Benefits of any Kind, as such Colony or 

Colonies may think just or reasonable. 

ART. XIII. No Colony or Colonies shall engage in any 

War without the previous Consent of the United States 

assembled, unless such Colony or Colonies be actually 

invaded by Enemies, or shall have received certain Advice of a Resolution being formed by some Nations of 

Indians to invade such Colony or Colonies, and the 

Danger is so imminent, as not to admit of a Delay, till 

the other Colonies can be consulted: Nor shall any Colony or Colonies grant Commissions to any Ships or Vessels of War, nor Letters of Marque or Reprisal, except it 

be after a Declaration of War by the United States assembled, and then only against the Kingdom or State 

and the Subjects thereof, against which War has been so 

declared, and under such Regulations as shall be established by the United States assembled. 

ART. XIV. A perpetual AJ!iance, offensive and defensive, is to be entered into by the United States assembled 

as soon as may be, with the Six Nations, and all other 

neighbouring Nations of Indians; their Limits to be ascertained, their Lands to be secured to them, and not 

encroached on; no Purchases of Lands, hereafter to be 

made of the Indians by Colonies or private Persons before the Limits of the Colonies are ascertained, to be 

valid: All Purchases of Lands not included within those 

Limits, where ascertained, to be made by Contracts between the United States assembled, or by Persons for 

that Purpose authorized by them, and the great Councils of the Indians, for the general Benefit of all the 

United Colonies. 

ART. XV. When the Boundaries of any Colony shall be 

ascertained by Agreement, or in the Manner herein after 

directed, all the other Colonies shall guarantee to such 

Colony the full and peaceable Possession of, and the 

free and entire Jurisdiction in and over the Territory 

included within such Boundaries. 

ART. XVI. For the more convenient Management of the 

general Interests of the United States, Delegates should 

be annually appointed in such Manner as the Legislature 

of each Colony shall direct [or such Branche thereof as 

the Colony shall authorize for that purpose], to meet at 

the City of Philadelphia, in the Colony of Pennsylvania, 

until otherwise ordered by the United States assembled; 

which Meeting shall be on the first Monday of November in every Year, with a Power reserved to those who 

appointed the said Delegates, respectively to recal them 

or any of them at any time within the Year, and to send 

new Delegates in their stead for the Remainder of the 

Year. Each Colony shall support its own Delegates in a 

Meeting of the States, and while they act as Members of 

the Council of State, herein after mentioned. 

ART. XVII. In determining Questions each Colony shall 

184 

have one Vote. 

ART. XVIII. The United States assembled shall have the 

sole and exclusive Right and Power of determining on 

Peace and War, except in the Cases mentioned in the 

thirteenth Article- Of establishing Rules for deciding in 

all Cases, what Captures on Land or Water shall be 

legal- In what Manner Prizes taken by land or naval 

Forces in the Service of the United States shall be divided or appropriated- Granting Letters of Marque and 

Reprisal in Times of Peace- Appointing Courts for the 

1Tial of all Crimes, Frauds and Piracies committed on 

the High Seas, or on any navigable River, not within the 

Body of a County or Parish- Establishing Courts for 

receiving and determining finally Appeals in all Cases of 

Captures-Sending and receiving Ambassadors under 

any Character-Entering into Treaties and AlliancesSettling all Disputes and Differences now subsisting, or 

that hereafter may arise between two or more Colonies 

concerning Boundaries, Jurisdictions, or any other 

Cause whatever-Coining Money and regulating the 

Value thereof- Regulating the lrade, and managing all 

Affairs with the Indians- Limiting the Bounds of those 

Colonies, which by Charter or Proclamation, or under 

any Pretence, are said to extend to the South Sea, and 

ascertaining those Bounds of any other Colony that appear to be indeterminate- Assigning Thrritories for new 

Colonies, either in Lands to be thus separated from Colonies and heretofore purchased or obtained by the 

Crown of Great-Britain from the Indians, or hereafter to 

be purchased or obtained from them- Disposing of all 

such Lands for the general Benefit of all the United 

Colonies- Ascertaining Boundaries to such new Colonies, within which Forms of Government are to be established on the Principles of Liberty- Establishing and 

regulating Post-Offices throughout all the United Colonies, on the Lines of Communication from one Colony 

to another-Appointing General Officers of the Land 

Forces in the Service of the United States-Commissioning such other Officers of the said Forces as shall be 

appointed by Virtue of the tenth Article-Appointing 

all the Officers of the Naval Forces in the Service of the 

United States-Making Rules for the Government and 

Regulation of the Said Land and Naval Forces, and directing the operations- Appointing a Council of State, 

and such Committees and civil Officers as may be necessary for managing the general Affairs of the United 

States, under their Direction while assembled, and in 

their Recess, of the Council of State-Appointing one 

of their number to preside, and a suitable Person for 

Secretary-And adjourning to any Time within the Year. 

The United States assembled shall have Authority 

for the Defence and Welfare of the United Colonies and 

every of them, to agree upon and fix the necessary Sums 

and Expences-To emit Bills, or to borrow Money on 
the Credit of the United Colonies-To raise Naval 

Forces- To agree upon the Number of Land Forces to be 

raised, and to make Requisitions from the Legislature of 

each Colony, or the Persons therein authoritized by the 

Legislature to execute such Requisitions, for the Quota 

of each Colony, which is to be in Proportion to the 

Number of white Inhabitants in the Colony, which Requisitions shall be binding, and thereupon the Legislature 

of each Colony or the Persons authorized as aforesaid, 

shall appoint the Regimental Officers, raise the Men, 

and arm and equip them in a soldier-like Manner; and 

the Officers and Men so armed and equipped, shall 

march to the Place appointed, and within the Time 

agreed on by the United States assembled. 

But if the United States assembled shall on Consideration of Circumstances judge proper, that any Colony 

or Colonies should not raise Men, or should raise a 

smaller Number than the Quota or Quotas of such Colony or Colonies, and that any other Colony or Colonies 

should raise a greater number of men than the Quota or 

Quotas thereof, such extra-numbers shall be raised, officered, armed and equipped in the same Manner as the 

Quota or Quotas of such Colony or Colonies, unless the 

Legislature of such Colony or Colonies respectively, 

shall judge, that such extra-numbers cannot be safely 

spared out of the same, in which Case they shall raise, 

officer, arm and equip as many of such extra-numbers as 

they judge can be safely spared; and the Officers and 

Men so armed and equip[p]ed shall march to the Place 

appointed, and within the Time agreed on by the United 

States assembled. 

To establish the same Weights and Measures 

throughout the United Colonies. 

But the United States assembled shall never impose 

or levy any Thxes or Duties, except in managing the PostOffice, nor interfere in the internal Police of any Colony, any further than such Police may be affected by the 

Articles of this Confederation. The United States assembled shall never engage the United Colonies in a War, 

nor gra.nt Letters of Marque and Reprisal in Time of 

Peace, nor enter into Treaties or Alliances, nor coin 

Money nor regulate the Value thereof, nor agree upon 

nor fix the Sums and Expences necessary for the Defence and Welfare of the United Colonies, or any of 

them, nor emit Bills, nor borrow Money on the Credit 

of the United Colonies, nor raise Naval Forces, nor 

agree upon the Number of Land Forces to be raised, 

unless the Delegates of nine Colonies freely assent to the 

same: Nor shall a Question on any other Point, except 

for adjourning, be determined, unless the Delegates of 

seven Colonies vote in the affirmative. 

No Person shall be capable of being a Delegate for 

more than three Years in any Thrm of six Years. 

No Person holding any Office under the United 

States, for which he, or another for his Benefit, receives 

any Salary, Fees, or Emolument of any Kind, shall be 

capable of being a Delegate. 

The Assembly of the United States to publish the 

Journal of their Proceedings monthly, except such Parts 

thereof relating to Treaties, Alliances, or military Operations, as in their Judgment require Secrecy- The Yeas 

and Nays of the Delegates of each Colony on any Question to be entered on the Journal, where it is desired by 

any Delegate; and the Delegates of a Colony, or any of 

them, at his or their Request, to be furnished with a 

'franscript of the said Journal, except such Parts as are 

above excepted, to lay before the Legislatures of the several Colonies. 

ART. XIX. The Council of State shall consist of one 

Delegate from each C[o]lony, to be named annually by 

the Delegates of each Colony, and where they cannot 

agree, by the United States assembled. 

This Council shall have Power to receive and open 

all Letters directed to the United States, and to return 

proper Answers; but not to make any Engagements that 

shall be binding on the United States- To correspond 

with the Legislature of each Colony, and all Persons 

acting under the Authority of the United States, or of 

the said Legislatures-To apply to such Legislatures, or 

to the Officers in the several Colonies who are entrusted 

with the executive Powers of Government, for occasional Aid whenever and wherever necessary- To give 

Counsel to the Commanding Officers, and to direct military Operations by Sea and Land, not changing any 

Objects or Expeditions determined on by the United 

States assembled, unless an Alteration of Circumstances 

which shall come to the Knowledge of the Council after 

the Recess of the States, shall make such Change absolutely necessary- To attend to the Defence and Preservation of Forts and strong Posts, and to prevent the Enemy 

from acquiring new Holds- To procure Intelligence of 

the Condition and Designs of the Enemy-To expedite 

the Execution of such Measures as may be resolved on 

by the United States assembled, in Pursuance of the 

Powers hereby given to them- To draw upon the Treasurers for such Sums as may be appropriated by the 

United States assembled, and for the Payment of such 

Contracts as the said Council may make in Pursuance of 

the Powers hereby given to them- To superintend and 

controul or suspend all Officers civil and military, acting 

under the Authority of the United States-In Case of 

the Death or Removal of any Officer within the Appointment of the United States assembled, to employ a 

Person to fulfill the Duties of such Office until the Assembly of the States meet- To publish and disperse authentic Accounts of military Operations- To summon 

an Assembly of the States at an earlier Day than that 

appointed for their next Meeting, if any ·great and unex185 
pected Emergency should render it necessary for the 

Safety or Welfare of the United Colonies or any of 

them- To prepare Matters for the Consideration of the 

United States, and to lay before them at their next Meeting all Letters and Advices received by the Council, with 

a Report of their Proceedings- To appoint a proper Person for their Clerk, who shall take an Oath of Secrecy 

and Fidelity, before he enters on the Exercise of his Office- Seven Members shall have Power to act- In Case 

of the Death of any Member, the Council shall immediately apply to his surviving Colleagues to appoint some 

one of themselves to be a Member thereof till the Meeting of the States, and if only one survives, they shall give 

him immediate Notice, that he may take his Seat as a 

Councilor till such Meeting. 

ART. XX. Canada acceding to this Confederation, and 

entirely joining in the measures of the United Colonies, 

shall be admitted into and entitled to all the Advantages 

of this Union: But no other Colony shall be admitted 

into the same, unless such Admission be agreed to by the 

Delegates of nine Colonies. 

These Articles shall be proposed to the Legislatures 

of all the United Colonies, to be by them considered, 

and if approved by them, they are advised to authorize 

their Delegates to ratify the same in the Assembly of the 

United States, which being done, the Articles of this 

Confederation shall inviolably be observed by every Colony, and the Union is to be perpetual: Nor shall any 

Alteration be at any Time hereafter made in these Articles or any of them, unless such Alteration be agreed to in 

an Assembly of the United States, and be afterwards 

confirmed by the Legislatures of every Colony. 

The Articles of Confederation, 1 March 1781. 

Articles of Confederation and perpetual Union between 

the states of Newhampshire, Massachusetts-bay, Rhodeisland and Providence Plantations, Connecticut, 

New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina and 

Georgia. 

Article I. The Stile of this confederacy shall be "The 

United State of America." 

Article II. 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. The said states hereby severally enter into 

a firm league of friendship with each other, for their 

common defence, the security of their Liberties, and 

their mutual and general welfare, binding themselves to 

assist each other, against all force offered to, or attacks 

made upon them, or any of them, on account of reli186 

gion, sovereignty, trade, or any other pretence whatsoever. 

Article IV. The better to secure and perpetuate mutual 

friendship and intercourse among the people of the different states in this union, the free inhabitants of each of 

these states, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several states; and the 

people of each state shall have free ingress and regress to 

and from any other state, and shall enjoy therein all the 

privileges of trade and commerce, subject to the same 

duties, impositions and restrictions as the inhabitants 

thereof respectively, provided that such restriction shall 

not extend so far as to prevent the removal of property 

imported into any state, to any other state, of which the 

Owner is an inhabitant; provided also that no imposition, duties or restriction shall be laid by any state, on 

the property of the united states, or either of them. 

If any Person guilty of, or charged with treason, felony, or other high misdemeanor in any state, shall flee 

from Justice, and be found in any of the united states, 

he shall, upon demand of the Governor or executive 

power, of the state from which he fled, be delivered up 

and removed to the state having jurisdiction of his offence. 

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. For the more convenient management of 

the general interests of the united states, delegates shall 

be annually appointed in such manner as the legislature 

of each state shall direct, to meet in Congress on the first 

Monday in November, in every year, with a power reserved to each state, to recal its delegates, or any of 

them, at anytime within the year, and to send others in 

their stead, for the remainder of the Year. 

No state shall be represented in Congress by less than 

two, nor by more than seven Members; and no person 

shall be capable of being a delegate for more than three 

years in any term of six years; nor shall any person, 

being a delegate, be capable of holding any office under 

the united states, for which he, or another for his benefit 

receives any salary, fees or emolument of any kind. 

Each state shall maintain its own delegates in a meeting of the states, and while they act as members of the 

committee of the states. 

In determining questions in the united states in Congress assembled, each state shall have one vote. 

Freedom of speech and debate in Congress shall not 

be impeached or questioned in any Court, or place out 

of Congress, and the members of congress shall be protected in their persons from arrests and imprisonments, 

during the time of their going to and from, and attendance on congress, except for treason, felony, or breach 
of the peace. 

Article VI. No state, without the Consent of the 

united states in congress assembled, shall send any embassy to, or receive any embassy from, or enter into any 

conference, agreement, alliance or treaty with any King 

prince or state; nor shall any person holding any office 

of profit or trust under the united states, or any of them, 

accept of any present, emolument, office or title of any 

kind whatever from any king, prince or foreign state; 

nor shall the united states in congress assembled, or any 

of them, grant any title of nobility. 

No two or more states shall enter into any treaty, 

confederation or alliance whatever between them, without the consent of the united states in congress assembled, specifying accurately the purposes for which the 

same is to be entered into, and how long it shall continue. 

No state shall lay any imposts or duties, which may 

interfere with any stipulations in treaties, entered into by 

the united states in congress assembled, with any king, 

prince or state, in pursuance of any treaties already proposed by congress, to the courts of France and Spain. 

No vessels of war shall be kept up in time of peace by 

any state, except such number only, as shall be deemed 

necessary by the united states in congress assembled, for 

the defence of such state, or its trade; nor shall any body 

of forces be kept up by any state, in time of peace, except 

such number only, as in the judgment of the united 

states, in congress assembled, shaH be deemed requisite 

to garrison the forts necessary for the defence of such 

state; but every state shall always keep up a well regulated and disciplined militia, sufficiently armed and accoutred, and shaH provide and constantly have ready for 

use, in public stores, a due number of field pieces and 

tents, and a proper quantity of arms, ammunition and 

camp equipage. 

No state shall engage in any war without the consent 

of the united states in congress assembled, unless such 

state be actually invaded by enemies, or shall have received certain advice of a resolution being formed by 

some nation of Indians to invade such state, and the 

danger is so imminent as not to admit of a delay till the 

united states in congress assembled can be consulted: 

nor shall any state grant commissions to any ships or 

vessels of war, nor letters of marque or reprisal, except it 

be after a declaration of war by the united states in 

congress assembled, and then only against the kingdom 

or state and the subjects thereof, against which war has 

been so declared, and under such regulations as shall be 

established by the united states in congress assembled, 

unless such state be infested by pirates, in which case 

vessels of war may be fitted out for that occasion, and 

kept so long as the danger shall continue, or until the 

united states in congress assembled, shall determine otherwise. 

Article VII. When land-forces are raised by any state 

for the common defence, all officers of or under the 

rank of colonel, shall be appointed by the legislature of 

each state respectively, by whom such forces shall be 

raised, or in such manner as such state shaH direct, and 

all vacancies shall be filled up by the State which first 

made the appointment. 

Article VIII. All charges of war, and all other expences that shall be incurred for the common defence or 

general welfare, and allowed by the united states in congress assembled, shall be defrayed out of a common 

treasury, which shall 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. The taxes for paying that proportion shall be 

laid and levied by the authority and direction of the 

legislatures of the several states within the time agreed 

upon by the united states in congress assembled. 

Article IX. The united states in congress assembled, 

shall have the sole and exclusive right and power of 

determining on peace and war, except in the cases mentioned in the sixth article- of sending and receiving ambassadors-entering into treaties and alliances, provided 

that no treaty of commerce shall be made whereby the 

legislative power of the respective states shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from 

prohibiting the exportation or importation of any species of goods or commodities whatsoever- of establishing rules for deciding in all cases, what captures on land 

or water shall be legal, and in what manner prizes taken 

by land or naval forces in the service of the united states 

shall be divided or appropriated-of granting letters of 

marque and reprisal in times of peace- appointing 

courts for the trial of piracies and felonies committed on 

the high seas and establishing courts for receiving and 

determining finally appeals in aU cases of captures, provided that no member of congress shall be appointed a 

judge of any of the said courts. 

The united states in congress assembled shall also be 

the last resort on appeal in all disputes and differences 

now subsisting or that hereafter may arise between two 

or more states concerning boundary, jurisdiction or any 

other cause whatever; which authority shall always be 

exercised in the manner following. Whenever the legislative or executive authority or lawful agent of any state in 

controversy with another shall present a petition to congress stating the matter in question and praying for a 

hearing, notice thereof shall be given by order of congress to the legislative or executive authority of the other 

187 
state in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then 

be directed to appoint by joint consent, commissioners 

or judges to constitute a court for hearing and determining the matter in question: but if they cannot agree, 

congress shall name three persons out of each of the 

united states, and from the list of such persons each 

party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; 

and from that number not less than seven, nor more 

than nine names as congress shall direct, shall in the 

presence of congress be drawn out by lot, and the persons whose names shall be so drawn or any five of them, 

shall be commissioners or judges, to hear and finally 

determine the controversy, so always as a major part of 

the judges who shall hear the cause shall agree in the 

determination: and if either party shall neglect to attend 

at the day appointed, without showing reasons, which 

congress shall judge sufficient, or being present shall 

refuse to strike, the congress shall proceed to nominate 

three persons out of each state, and the secretary of 

congress shall strike in behalf of such party absent or 

refusing; and the judgment and sentence of the court to 

be appointed, in the manner before prescribed, shall be 

final and conclusive; and if any of the parties shall 

refuse to submit to the authority of such court, or to 

appear or defend their claim or cause, the court shall 

nevertheless proceed to pronounce sentence, or judgment, which shall in like manner be final and decisive, 

the judgment or sentence and other proceedings being in 

either case transmitted to congress, and lodged among 

the acts of congress for the security of the parties concerned: provided that every commissioner, before he sits 

in judgment, shall take an oath to be administred by one 

of the judges of the supreme or superior court of the 

state, where the cause shall be tried, "well and truly to 

hear and determine the matter in question, according to 

the best of his judgment, without favour, affection or 

hope of reward:" provided also, that no state shall be 

deprived of territory for the benefit of the united states. 

All controversies concerning the private right of soil 

claimed under different grants of two or more states, 

whose jurisdictions as they may respect such lands, and 

the states which passed such grants are adjusted, the said 

grants or either of them being at the same time claimed 

to have originated antecedent to such settlement of jurisdiction, shall on the petition of either party to the congress of the united states, be finally determined as near 

as may be in the same manner as is before prescribed for 

deciding disputes respecting territorial jurisdiction between different states. 

The united states in congress assembled shall also 

have the sole and exclusive right and power of regulating 

the alloy and value of coin struck by their own authority, 

188 

or by that of the respective states- fixing the standard of 

weights and measures throughout the united states- regulating the trade and managing all affairs with the Indians, not members of any of the states, provided that the 

legislative right of any state within its own limits be not 

infringed or violated- establishing or regulating postoffices from one state to another, throughout all the 

united states, and exacting such postage on the papers 

passing thro' the same as may be requisite to defray the 

expences of the said office- appointing all officers of 

the land forces, in the service of the united states, excepting regimental officers- appointing all the officers 

of the naval forces, and commissioning all officers whatever in the service of the united states-making rules for 

the government and regulation of the said land and naval forces, and directing their operations. 

The united states in congress assembled shall have 

authority 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 their direction-to appoint one 

of their number to preside, provided that no person be 

allowed to serve in the office of president more than one 

year in any term of three years; 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 expences- to borrow money, or 

emit bills on the credit of the united states, transmitting 

every half year to the respective states an account of the 

sums of money so borrowed or ernitted,-to build and 

equip a navy-to agree upon the number of land forces, 

and to make requisitions from each state for its quota, in 

proportion to the number of white inhabitants in such 

state; which requisition shall be binding, and thereupon 

the legislature of each state shall appoint the regimental 

officers, raise the men and cloath, arm and equip them 

in a soldier like manner, at the expence of the united 

states; and the officers and men so cloathed, armed and 

equipped shall march to the place appointed, and within 

the time agreed on by the united states in congress assembled: But if the united states in congress assembled 

shall, on consideration of circumstances judge proper 

that any state should not raise men, or should raise a 

smaller number than its quota, and that any other state 

should raise a greater number of men than the quota 

thereof, such extra number shall be raised, officered, 

cloathed, armed and equipped in the same manner as 

the quota of such state, unless the legislature of such 

state shall judge that such extra number cannot be safely 

spared out of the same, in which case they shall raise 

officer, cloath, arm and equip as many of such extra 

number as they judge can be safely spared. And the 
officers and men so cloathed, armed and equipped, 

shaJl march to the place appointed, and within the time 

agreed on by the united states in congress assembled. 

The united states in congress assembled shall never 

engage in a war, nor grant letters of marque and reprisal 

in time of peace, nor enter into any treaties or alliances, 

nor coin money, nor regulate the value thereof, nor ascertain the sums and expences necessary for the defence 

and welfare of the united states, or any of them, nor 

emit bills, nor borrow money on the credit of the united 

states, nor appropriate money, nor agree upon the number of vessels of war, to be built or purchased, or the 

number of land or sea forces to be raised, nor appoint a 

commander in chief of the army or navy, unless nine 

states assent to the same: nor shaJl a question on any 

other point, except for adjourning from day to day be 

determined, unless by the votes of a majority of the 

united states in congress assembled. 

The congress of the united states shall have power to 

adjourn to any time within the year, and to any place 

within the united states, so that no period of adjournment be for a longer duration than the space of six 

Months, and shall publish the Journal of their proceedings monthly, except such parts thereof relating to treaties, alliances or military operations, as in their 

judgment require secrecy; and the yeas and nays of the 

delegates of each state on any question shall be entered 

on the Journal, when it is desired by any delegate; and 

the delegates of a state, or any of them, as his or their 

request shall be furnished with a transcript of the said 

Journal, except such parts as are above excepted, to lay 

before the legislatures of the several states. 

Article X. The committee of the states, or any nine of 

them, shall be authorized to execute, in the recess of 

congress, such of the powers of congress as the united 

states in congress assembled, by the consent of nine 

states, shall from time to time think expedient to vest 

them with; provided that no power be delegated to the 

said committee, for the exercise of which, by the articles 

of confederation, the voice of nine states in the congress 

of the united states assembled is requisite. 

Article XI. Canada acceding to this confederation, 

and joining in the measures of the united states, shall be 

admitted into, and entitled to all the advantages of this 

union: but no other colony shall be admitted into the 

same, unless such admission be agreed to by nine states. 

Article XII. All bills of credit emitted, monies borrowed and debts contracted by, or under the authority of 

congress, before the assembling of the united states, in 

pursuance of the present confederation, shall be deemed 

and considered as a charge against the united states, for 

payment and satisfaction whereof the said united states, 

and the public faith are hereby solemnly pledged. 

Article Xlll. Every state shall abide by the determinations of the united states in congress assembled, on all 

questions which by this confederation are submitted to 

them. And the Articles of this confederation shall be 

inviolably observed by every state, and the union shall 

be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be 

agreed to in a congress of the united states, and be afterwards confirmed by the legislatures of every state. 

And Whereas it hath pleased the Great Governor of 

the World to incline the hearts of the legislatures we 

respectively represent in congress, to approve of, and to 

authorize us to ratify the said articles of confederation 

and perpetual union. Know Ye that we the undersigned 

delegates, by virtue of the power and authority to us 

given for that purpose, do by these presents, in the name 

and in behalf of our respective constituents, fully and 

entirely ratify and confirm each and every of the said 

articles of confederation and perpetual union, and all 

and singular the matters and things therein contained: 

And we do further solemnly plight and engage the faith 

of our respective constituents, that they shall abide by 

the determinations of the united states in congress assembled, on all questions, which by the said confederation are submitted to them. And that the articles thereof 

shaH be inviolably observed by the states we respectively 

represent, and that the union shall be perpetual. In Witness whereof we have hereunto set our hands in Congress. Done at Philadelphia in the state of Pennsylvania 

the ninth day of July, in the Year of our Lord one Thousand seven Hundred and Seventy-eight, and in the third 

year of the independence of America. 

Washington's Speech to the Officers of the Continental 

Army, Newburgh, New York, 15 March 1783. 

Gentlemen: By an anonymous summons, an attempt 

has been made to convene you together; how inconsistent with the rules of propriety! how unmilitary! and 

how subversive of all order and discipline, let the good 

sense of the Army decide. 

In the moment of this Summons, another anonymous 

production was sent into circulation, addressed more to 

the feelings and passions, than to the reason and judgment of the Army. The author of the piece, is entitled to 

much credit for the goodness of his Pen and I could wish 

he had as much credit for the rectitude of his Heart, for, 

as Men see thro' different Optics, and are induced by the 

reflecting faculties of the Mind, to use different means, 

to attain the same end, the Author of the Address, 

should have had more charity, than to mark for Suspicion, the Man who should recommend moderation and 

longer forbearance, or, in other words, who should not 

think as he thinks, and act as he advises. But he had 

189 
another plan in view, in which candor and liberality of 

Sentiment, regard to justice, and love of Country, have 

no part; and he was right, to insinuate the darkest suspicion, to effe.ct the blackest designs. 

That the Address is drawn with great Art, and is designed to answer the most insidious purposes. That it is 

calculated to impress the Mind, with an idea of premeditated injustice in the Sovereign power of the United 

States, and rouse all those resentments which must unavoidably flow from such a belief. That the secret mover 

of this Scheme (whoever he may be) intended to take 

advantage of the passions, while they were warmed by 

the recollection of past distresses, without giving time 

for cool, deliberative thinking, and that composure of 

Mind which is so necessary to give dignity and stability 

to measures is rendered too obvious, by the mode of 

conducting the business, to need other proof than a 

reference to the proceeding. 

Thus much, Gentlemen, I have thought it incumbent 

on me to observe to you, to shew upon what principles I 

opposed the irregular and hasty meeting which was proposed to have been held on Thesday last: and not because I wanted a disposition to give you every 

oppertunity consistent with your own honor, and the 

dignity of the Army, to make known your grievances. If 

my conduct heretofore, has not evinced to you, that I 

have been a faithful friend to the Army, my declaration 

of it at this time wd. be equally unavailing and improper. 

But as I was among the first who embarked in the cause 

of our common Country. As I have never left your side 

one moment, but when called from you on public duty. 

As I have been the constant companion and witness of 

your Distresses, and not among the last to feel, and 

acknowledge your Merits. As I have ever considered my 

own Military reputation as inseperably connected with 

that of the Army. As my Heart has ever expanded with 

joy, when I have heard its praises, and my indignation 

has arisen, when the mouth of detraction has been 

opened against it, it can scarcely be supposed, at this 

late stage of the War, that I am indifferent to its interests. But, how are they to be promoted? The way is 

plain, says the anonymous Addresser. If War continues, 

remove into the unsettled Country; there establish yourselves, and leave an ungrateful Country to defend itself. 

But who are they to defend? Our Wives, our Children, 

our Farms, and other property which we leave behind 

us. or, in this state of hostile seperation, are we to take 

the two first (the latter cannot be removed), to perish in 

a Wilderness, with hunger, cold and nakedness? If Peace 

takes place, never sheath your Swords Says he untill you 

have obtained full and ample justice; this dreadful alternative, of either deserting our Country in the extremest 

hour of her distress, or turning our Arms against it, 

(which is the apparent object, unless Congress can be 

190 

compelled into instant compliance) has something so 

shocking in it, that humanity revolts at the idea. My 

God! what can this writer have in view, by recommending such measures? Can he be a friend to the Army? Can 

he be a friend to this Country? Rather, is he not an 

insidious Foe? Some Emissary, perhaps, from New 

York, plotting the ruin of both, by sowing the seeds of 

discord and seperation between the Civil and Military 

powers of the Continent? And what a Compliment does 

he pay to our Understandings, when he recommends 

measures in either alternative, impracticable in their 

Nature? 

But here, Gentlemen, I will drop the curtain, because 

it wd. be as imprudent in me to assign my reasons for 

this opinion, as it would be insulting to your conception, 

to suppose you stood in need of them. A moment's 

reflection will convince every dispassionate Mind of the 

physical impossibility of carrying either proposal into 

execution. 

There might, Gentlemen, be an impropriety in my 

taking notice, in this Address to you, of an anonymous 

production, but the manner in which that performance 

has been introduced to the Army, the effect it was intended to have, together with some other circumstances, 

will amply justify my observations on the tendency of 

that Writing. With respect to the advice given by the 

Author, to suspect the Man, who shall recommend moderate measures and longer forbearance, I spurn it, as 

every Man, who regards that liberty, and reveres that 

justice for which we contend, undoubtedly must; for if 

Men are to be precluded from offering their Sentiments 

on a matter, which may involve the most serious and 

alarming consequences, that can invite the consideration of Mankind, reason is of no use to us; the freedom 

of Speech may be taken away, and, dumb and silent we 

may be led, like sheep, to the Slaughter. 

I cannot, in justice to my own belief, and what I have 

great reason to conceive is the intention of Congress, 

conclude this Address, without giving it as my decided 

opinion, that that Honble Body, entertain exalted sentiments of the Services of the Army; and, from a full 

conviction of its merits and sufferings, will do it compleat justice. That their endeavors, to discover and establish funds for this purpose, have been unwearied, and 

will not cease, till they have succeeded, I have not a 

doubt. But, like all other large Bodies, where there is a 

variety of different Interests to reconcile, their deliberations are slow. Why then should we distrust them? and, 

in consequence of that distrust, adopt measures, which 

may cast a shade over that glory which, has been so 

justly acquired; and tarnish the reputation of an Army 

which is celebrated thro' all Europe, for its fortitude and 

Patriotism? and for what is this done? to bring the object we seek nearer? No! most certainly, in my opinion, 
it will cast it at a greater distance. 

For myself (and I take no merit in giving the assurance, being induced to it from principles of gratitude, 

veracity and justice), a grateful sence of the confidence 

you have ever placed in me, a recollection of the chearful 

assistance, and prompt obedience I have experienced 

from you, under every vicissitude of Fortune, and the 

sincere affection I feel for an Army, I have so long had 

the honor to Command, will oblige me to declare, in this 

public and solemn manner, that, in the attainment of 

compleat justice for all your toils and dangers, and in 

the gratification of every wish, so far as may be done 

consistently with the great duty I owe my Country, and 

those powers we are bound to respect, you may freely 

command my Services to the utmost of my abilities. 

While I give you these assurances, and pledge myself 

in the most unequivocal manner, to exert whatever ability I am possessed of, in your favor, let me entreat you, 

Gentlemen, on your part, not to take any measures, 

which, viewed in the calm light of reason, will lessen the 

dignity, and sully the glory you have hitherto· maintained; let me request you to rely on the plighted faith of 

your Country, and place a full confidence in the purity 

of the intentions of Congress; that, previous to your 

dissolution as an Army they will cause all your Accts. to 

be fairly liquidated, as directed in their resolutions, 

which were published to you two days ago, and that they 

will adopt the most effectual measures in their power, to 

render ample justice to you, for your faithful and meritorious Services. And let me conjure you, in the name of 

our common Country, as you value your own sacred 

honor, as you respect the rights of humanity, and as you 

regard the Military and National character of America, 

to express your utmost horror and detestation of the 

Man who wishes, under any specious pretences, to overturn the liberties of our Country, and who wickedly attempts to open the flood Gates of Civil discord, and 

deluge our rising Empire in Blood. By thus determining, 

and thus acting, you will pursue the plain and direct 

road to the attainment of your wishes. You will defeat 

the insidious designs of our Enemies, who are compelled 

to resort from open force to secret Artifice. You will give 

one more distinguished proof of unexampled patriotism 

and patient virtue, rising superior to the pressure of the 

most complicated sufferings; And you will, by the dignity of your Conduct, afford occasion for Posterity to 

say, when speaking of the glorious example you have 

exhibited to Mankind, "had this day been wanting, the 

World had never seen the last stage of perfection to 

which human nature is capable of attaining." 

Washington's Farewell Orders to the Armies of the 

United States, 2 November 1783. 

Rock Hill, near Princeton. 

The United States in Congress assembled after giving 

the most honorable testimony to the merits of the 

foederal Armies, and presenting them with the thanks of 

their Country for their long, eminent, and faithful services, having thought proper by their proclamation bearing date the 18th. day of October last. to discharge such 

part of the Troops as were engaged for the war, and to 

permit the Officers on furlough to retire from service 

from and after to-morrow; which proclamation having 

been communicated in the publick papers for the information and government of all concerned; it only remains for the Comdr in Chief to address himself once 

more, and that for the last time, to the Armies of the U 

States (however widely dispersed the individuals who 

compose them may be) and to bid them an affectionate, 

a long farewell. 

But before the Comdr in Chief takes his final leave of 

those he holds most dear, he wishes to indulge himself a 

few moments in calling to mind a slight review of the 

past. He will then take the liberty of exploring, with his 

military friends, their future prospects, of advising the 

general line of conduct, which in his opinion, ought to 

be pursued, and he will conclude the Address by expressing the obligations he feels himself under for the spirited 

and able assistance he has experienced from them in the 

performance of an arduous Office. 

A contemplation of the compleat attainment (at a 

period earlier than could have been expected) of the 

object for which we contended against so formidable a 

power cannot but inspire us with astonishment and gratitude. The disadvantageous circumstances on our part, 

under which the war was undertaken, can never be forgotten. The singular interpositions of Providence iri our 

feeble condition were such, as could scarcely escape the 

attention of the most unobserving; while the unparalleled perseverence of the Armies of the U States, 

through almost every possible suffering and discouragement for the space of eight long years, was little short of 

a standing miracle. 

It is not the meaning nor within the compass of this 

address to detail the hardships peculiarly incident to our 

service, or to describe the distresses, which in several 

instances have resulted from the extremes of hunger and 

nakedness, combined with the rigours of an inclement 

season; nor is it necessary to dwell on the dark side of 

our past affairs. Every American Officer and Soldier 

must now console himself for any unpleasant circumstances which may have occurred by a recollection of the 

uncommon scenes in which he has been called to Act no 

inglorious part, and the astonishing events of which he 

has been a witneses, events which have seldom if ever 

before taken place on the stage of human action, nor 

can they probably ever happen again. For who has be191 
fore seen a disciplined Army form'd at once from such 

raw materials? Who, that was not a witness, could imagine that the most violent local prejudices would cease so 

soon, and that Men who came from the different parts 

of the Continent, strongly disposed, by the habits of 

education, to despise and quarrel with each other, would 

instantly become but one patriotic band of Brothers, or 

who, that was not on the spot, can trace the steps by 

which such a wonderful revolution has been effected, 

and such a glorious period put to all our warlike toils? 

It is universally acknowledged, that the enlarged prospects of happiness, opened by the confirmation of our 

independance and sovereignty, almost exceeds the power 

of description. And shall not the brave men, who have 

contributed so essentially to these inestimable acquisitions, retiring victorious from the field of War to the 

field of agriculture, participate in all the blessings which 

have been obtained; in such a republic, who will exclude 

them from the rights of Citizens and the fruits of their 

labour. In such a Country, so happily circumstanced, the 

pursuits of Commerce and the cultivation of the soil will 

unfold to industry the certain road to competence. To 

those hardy Soldiers, who are actuated by the spirit of 

adventure the Fisheries will afford ample and profitable 

employment, and the extensive and fertile regions of the 

West will yield a most happy asylum to those, who, fond 

of domestic enjoyments are seeking for personal independence. Nor is it possible to conceive, that any one of 

the U States will prefer a national bankruptcy and a 

dissolution of the union, to a compliance with the requisitions of Congress and the payment of its just debts; so 

that the Officers and Soldiers may expect considerable 

assistance in recommencing their civil occupations from 

the sums due to them from the public, which must and 

will most inevitably be paid. 

In order to effect this desirable purpose and to remove 

the prejudices which may have taken possession of the 

minds of any of the good people of the States, it is 

earnestly recommended to all the Troops that with 

strong attachments to the Union, they should carry with 

them into civil society the most conciliating dispositions; and that they should prove themselves not less 

virtuous and useful as Citizens, than they have been 

persevering and victorious as Soldiers. What tho, there 

should be some envious individuals who are unwilling to 

pay the debt the public has contracted, or to yield the 

tribute due to merit; yet, let such unworthy treatment 

produce no invective or any instance of intemperate conduct; let it be remembered that the unbiassed voice of 

the few Citizens of the United States has promised the 

just reward, and given the merited applause; let it be 

known and remembered, that the reputation of the 

foederal Armies is established beyond the reach of malevolence; and let a conscientiousness of their achieve192 

ments and fame still unite the men, who composed them 

to honourable actions; under the persuasion that the 

private virtues of oeconomy, prudence, and industry, 

will not be less amiable in civil life, than the more splendid qualities of valour, perseverance, and enterprise were 

in the Field. Every one may rest assured that much, very 

much of the future happiness of the Officers and Men 

will depend upon the wise and manly conduct which 

shaH be adopted by them when they are mingled with the 

great body of the community. And, altho the General 

has so frequently given it as his opinion, in the most 

public and explicit manner, that, unless the principles of 

the federal government were properly supported and the 

powers of the union increased, the honour, dignity, and 

justice of the nation would be lost forever. Yet he cannot 

help repeating, on this occasion, so interesting a sentiment, and leaving it as his last injunction to every Officer and every Soldier, who may view the subject in the 

same serious point of light, to add his best endeavours to 

those of his worthy fellow Citizens towards effecting 

these great and valuable purposes on which our very 

existence as a nation so materially depends. 

The Commander in chief conceives little is now wanting to enable the Soldiers to change the military character into that of the Citizen, but that steady and decent 

tenor of behaviour which has generally distinguished, 

not only the Army under his immediate command, but 

the different detachments and seperate Armies through 

the course of the war. From their good sense and prudence he anticipates the happiest consequences; and 

while he congratulates them on the glorious occasion, 

which renders their services in the field no longer necessary, he wishes to express the strong obligations he feels 

himself under for the assistance he has received from 

every Class, and in every instance. He presents his 

thanks in the most serious and affectionate manner to 

the General Officers, as well for their counsel on many 

interesting occasions, as for their Order in promoting 

the success of the plans he had adopted. To the Commandants of Regiments and Corps, and to the other 

Officers for their great zeal and attention, in carrying his 

orders promptly into execution. To the Staff, for their 

alacrity and exactness in performing the Duties of their 

several Departments. And to the Non Commissioned 

Officers and private Soldiers, for their extraordinary patience in suffering, as well as their invincible fortitude in 

Action. To the various branches of the Army the General 

takes this last and solemn opportunity of professing his 

inviolable attachment and friendship. He wishes more 

than bare professions were in his power, that he were 

reaJly able to be useful to them all in future life. He 

flatters himself however, they will do him the justice to 

believe, that whatever could with propriety be attempted 

by him has been done, and being now to conclude these 
his last public Orders, to take his ultimate leave in a 

short time of the military character, and to bid a final 

adieu to the Armies he has so long had the honor to 

Command, he can only again offer in their behalf his 

recommendations to their grateful country, and his prayers to the God of Armies. May ample justice be done 

them here, and may the choicest of heaven's favours, 

both here and hereafter, attend those who, under the 

devine auspices, have secured innumerable blessings for 

others; with these wishes, and this benediction, the 

Commander in Chief is about to retire from Service. 

The Curtain of seperation will soon be drawn, and the 

military scene to him will be closed for ever. 

Washington's Address to the Continental Congress Resigning His Commission as Commander in Chief of the 

Continental Army, 23 December 1783. 

Mr. President: The great events on which my resignation depended having at length taken place; I have now 

the honor of offering my sincere Congratulations to 

Congress and of presenting myself before them to surrender into their hands the trust committed to me, and 

to claim.the indulgence of retiring from the Service of 

my Country. 

Happy in the confirmation of our Independence and 

Sovereignty, and pleased with the oppertunity afforded 

the United States of becoming a respectable Nation, I 

resign with satisfaction the Appointment I accepted with 

diffidence. A diffidence in my abilities to accomplish so 

arduous a task, which however was superseded by a confidence in the rectitude of our Cause, the support of the 

Supreme Power of the Union, and the patronage of 

Heaven. 

The Successful termination of the War has verified 

the most sanguine expectations, and my gratitude for 

the interposition of Providence, and the assistance I 

have received from my Countrymen, encreases with 

every review of the momentous Contest. 

While I repeat my obligations to the Army in general, 

I should do injustice to my own feelings not to acknowledge in this place the peculiar Services and distinguished 

merits of the Gentlemen who have been attached to my 

person during the War. It was impossible the choice of 

confidential Officers to compose my family should have 

been more fortunate. Permit me Sir, to recommend in 

particular those, who have continued in Service to the 

present moment, as worthy of the favorable notice and 

patronage of Congress. 

I consider it an indispensable duty to close this last 

solemn act of my Official life, by commending the lnt.::rests of our dearest Country to the protection of Almighty God, and those who have the superintendence of 

them, to his holy keeping. 

Having now finished the work assigned me, I retire 

from the great theatre of Action; and bidding an Affectionate farewell to this August body under whose orders 

I have so long acted, I here offer my Commission, and 

take my leave of all the employments of public life. 

Resolution of the Continental Congress Disbanding the 

Continental Army, 2 June 1784. 

So it was Resolved, That the commanding officer be, 

and he is hereby directed to discharge the troops now in 

the service of the United States, except 25 privates, to 

guard the stores at Fort Pitt, and 55 to guard the stores 

at West Point and other magazines, with a proportionate 

number of officers; no officer to remain in service above 

the rank of a captain, and those privates to be retained 

who were inlisted on the best terms: Provided Congress, 

before its recess, shall not take other measures respecting 

the disposition of those troops. That the arrearages of 

their pay and rations after the 3d of November last, be 

settled in the same manner as the accounts of the troops 

lately discharged; and that the Superintendant of Finance take order for furnishing them two months pay. 

The Peace Establishment 

George Washington, Sentiments on a Peace Establishment, 2 May 1783. 

A Peace Establishment for the United States of America may in my opinion be classed under four different 

heads Vizt: 

First. A regular and standing force, for Garrisoning 

West Point and such other Posts upon our Northern, 

Western, and Southern Frontiers, as shall be deemed 

necessary to awe the Indians, protect our Trade, prevent 

the encroachment of our Neighbours of Canada and the 

Florida's, and guard us at least from surprizes; Also for 

security of our Magazines. 

Secondly. A well organized Militia; upon a Plan that 

will pervade all the States, and introduce similarity in 

their Establishment Manoeuvres, Exercise and Arms. 

Thirdly. Establishing Arsenals of all kinds of Military 

Stores. 

Fourthly. Accademies, one or more for the Instruction of the Art Military; particularly those Branches of 

193 
it which respect Engineering and Artillery, which are 

highly essential, and the knowledge of which, is most 

difficult to obtain. Also Manufactories of some kinds of 

Military Stores. 

Upon each of these, and in the order in which they 

stand, I shaH give my sentiments as concisely as l can, 

and with that freedom which the Committee have authorized. 

Altho' a large standing Army in time of Peace hath 

ever been considered dangerous to the liberties of a 

Country, yet a few Thoops, under certain circumstances, 

are not only safe, but indispensably necessary. Fortunately for us our relative situation requires but few. The 

same circumstances which so effectually retarded, and 

in the end conspired to defeat the attempts of Britain to 

subdue us, will now powerfully tend to render us secure. 

Our distance from the European States in a great degree 

frees us of apprehension, from their numerous regular 

forces and the Insults and dangers which are to be 

dreaded from their Ambition. 

But, if our danger from those powers was more imminent, yet we are too poor to maintain a standing Army 

adequate to our defence, and was our Country more 

populous and rich, still it could not be done without 

great oppression of the people. Besides, as soon as we 

are able to raise funds more than adequate to the discharge of the Debts incurred by the Revolution, it may 

become a Question worthy of consideration, whether 

the surplus should not be applied in preparations for 

building and equipping a Navy, without which, in case 

of War we could neither protect our Commerce, nor 

yield that Assistance to each other, which, on such an 

extent of Sea-Coast, our mutual Safety would require. 

Fortifications on the Sea Board may be considered in 

two points of view, first as part of the general defence, 

and next, as securities to Dock Yards, and Arsenals for 

Ship Building, neither of which shall I take into this 

plan; because the first would be difficult, if not, under 

our circumstances, impracticable; at any rate amazingly 

expensive. The other, because it is a matter out of my 

line, and to which I am by no means competent, as it 

requires a consideration of many circumstances, to 

which I have never paid attention. 

The Troops requisite for the Post of West Point, for 

the Magazines, and for our Northern, Western and 

Southern Frontiers, ought, in my opinion, to amount to 

2631 Officers of all denominations included; besides the 

Corps of Invalids. If this number should be thought 

large, I would only observe; that the British Force in 

Canada is now powerful, and, by report, will be increased; that the frontier is very extensive; that the 

Tribes of Indians within our Thrritory are numerous, 

soured and jealous; that Communications must be established with the exterior Posts; And, that it may be 

194 

policy and oeconomy, to appear respectable in the Eyes 

of the Indians, at the Commencement of our National 

Intercourse and Thaffic with them. In a word, that it is 

better to reduce our force hereafter, by degrees, than to 

have it to increase after some unfortunate disasters may 

have happened to the Garrisons; discouraging to us, and 

an inducement to the Enemy to attempt a repetition of 

them. 

Besides these Considerations, we are not to forget, 

that altho' by the Treaty, half the Waters, and the free 

Navigation of the Lakes appertain to us, yet, in Case of 

a rupture with Great Britain we should in all probability, 

find little benefits from the Communications with our 

upper Posts, by the Lakes Erie and Ontario; as it is to be 

presumed, that the Naval superiority which they now 

have on those Waters, will be maintained. It follows as a 

Consequence then, that we should open new or improve 

the present half explored Communications with Detroit 

and other Posts on the Lakes, by the Waters of the Susquehannah Potowmack or James River, to the Ohio, 

from whence, with short Portages several Communications by Water may be opened with Lake Erie. To do 

which, posts should be established at the most convenient places on the Ohio. This would open several doors 

for the supply of the Garrisons on the Lakes; and is 

absolutely necessary for such others as may be tho't 

advisable to establish upon the Mississippi. The Ohio 

affording the easiest, as well as the safest Route to the 

Illinois settlements, and the whole Country below on the 

Mississippi, quite to our Southern boundary. 

To protect the Peltry and Fur Thade, to keep a watch 

upon our Neighbours, and to prevent their encroaching 

upon our Thrritory undiscovered, are all the purposes 

that can be answered by an extension of our Posts, at 

this time, beyond Detroit, to the Northward or Westward: but, a strong Post on the Scioto, at the carrying 

place between it and the River Sandusky, which empties 

into Lake Erie, mentioned in Hutchins's Description of 

that Country Page 24, and more plainly pointed out by 

Evans's Map, is indispensably necessary for the security 

of the present Settlers, and such as probably, will immediately settle within those Limits. And by giving security 

to the Country and covering its Inhabitants, will enable 

them to furnish supplies to the Garrisons Westward and 

Northward of these settlements, upon moderate and 

easy Terms. 

The 2,631 Men beforementioned, I would have considered to all Intents and purposes as Continental 

Thoops; looking up to Congress for their Orders, their 

pay, and supplies of every kind. 

Not having that particular knowledge of the situation 

of the Southern and Western Boundaries of the Carolinas and Georgia, which is necessary to decide on the 

Posts to be established in that District, the allotment of 
only one Regiment thereto, may be judged inadequate; 

should that be the case, a greater force may be established and a sufficient allowance made them. 

The above establishment differs from our present 

one, in the following instances Vizt: The exclusion of the 

light Company and reducing a sergeant and 18 Privates 

from each of the Poattalion Companies, and giving a 

Chaplain to each Regiment instead of a Brigade. If it 

should be asked why the Reduction of Non Commisd. 

Officers and Privates is made, while the Commissioned 

Officers remain the same? It may be answered, that the 

number of Men which compose the Infantry, will be 

sufficient for my Calculation, and that the situation of 

our Frontiers renders it convenient to divide them into 

so many Corps as have been mentioned, for the ease and 

propriety of Command. I may also say, that in my Opinion, the number of our Commissioned Officers, has always been disproportionate to the Men. And that in the 

detached State in which these Regiments must be employed, they cannot consistently with the good of Service be reduced. 

It may also be observed, that in case of War and a 

necessity of assembling their Regiments in the Field, 

nothing more will be necessary, than to recruit 18 Men to 

each Campy. and give the Regiment its flank Company. 

Or if we should have occasion to add strength to the 

Garrisons, or increase the number of our Posts, we may 

augment 900 Men including Serjeants, without requiring more than the Officers of 4 Companies, or exceeding 

our present Establishment. In short, it will give us a 

Number of Officers well skilled in the Theory and Art of 

War, who will be ready on any occasion, to mix and 

diffuse their knowledge of Discipline to other Corps, 

without that lapse of Time, which, without such Provision, would be necessary to bring intire new Corps acquainted with the principles of it. 

Besides the 4 Regiments of Infantry, one of Artillery 

will be indispensably necessary. The Invalid Corps 

should also be retained. Motives of humanity, Policy 

and justice will all combine to prevent their being disbanded. The numbers of the last will, from the nature of 

their composition, be fluctuating and uncertain .... 

To this Regiment of Artillery should be annexed 50 or 

60 Artificers, of the various kinds which will be necessary, who may be distributed in equal numbers into the 

different Companies and being part of the Regiment, 

will be under the direction and Command of the Commanding Officer, to be disposed into different services 

as Circumstances shall require. By thus blending Artificers with Artillery, the expence of Additional Officers 

will be saved; and they will Answer all the purposes 

which are to be expected from them, as well as if formed 

into a distinct Corps. 

The Regiment of Artillery, with the Artificers, will 

furnish all the Posts in which Artillery is placed, in proportionate numbers to the Strength and importance of 

them. The residue, with the Corps of Invalids, will furnish Guards for the Magazines, and Garrison West 

Point. The importance of this last mentioned Post, is so 

great, as justly to have been considered, the key of 

America; It has been so pre-eminently advantageous to 

the defence of the United States, and is still so necessary 

in that view, as well as for the preservation of the Union, 

that the loss of it might be productive of the most ruinous Consequences. A Naval superiority at Sea and on 

Lake Champlain, connected by a Chain of Posts on the 

Hudson River, would effect an entire separation of the 

States on each side, and render it difficult, if not impracticable for them to co-operate. 

Altho' the total of the Troops herein enumerated does 

not amount to a large number, yet when we consider 

their detached situation, and the extent of Country they 

are spread over: the variety of objects that are to be 

attended to, and the close inspection that will be necessary to prevent abuses or to correct them before they 

become habitual; not less than two General Officers in 

my opinion will be competent to the Duties to be required of them. They will take their Instructions from 

the Secretary at War, or Person acting at the Head of the 

Military Department, who will also assign them their 

respective and distinct Districts. Each should twice a 

Year visit the Posts of his particular District, and notice 

the Condition they are in, Inspect the Thoops, their discipline and Police, Examine into their Wants, and see that 

strict justice is rendered them and to the Public, they 

should also direct the Colonels, at what intermediate 

Times they shall perform the like duties at the Posts 

occupied by the Detachments of their respective Regiments. The visiting General ought frequently, if not always, to be accompanied by a Skillful Engineer, who 

should point out such alterations and improvements as 

he may think necessary from time to time, for the defence of any of the Posts; which, if approved by the 

General, should be ordered to be carried into execution. 

Each Colonel should be responsible for the Administration of his Regiment; and when present, being Commanding Officer of any Post, which is occupied by a 

Detachment from his Regt., he may give such directions 

as he may think proper, not inconsistent with the Orders 

of his Superior Officer, under whose general superintendence the Thoops are. He will carefully exact Monthly 

Returns from all detachments of his Regiment; and be 

prepared to make a faithful report of all occurrences, 

when called upon by the General Officer in whose Department he may be placed and whose instructions he is 

at all times to receive and obey. These Returns and Reports, drawn into a General one, are to be transmitted to 

the Secretary at War, by the visiting General, with the 

195 
detail of his own proceedings, remarks and Orders. 

The three Years Men now in service will furnish the 

proposed Establishment, and from these, it is presumed, 

the Corps must in the first Instance be composed. But as 

the pay of an American Soldier is much greater than any 

other we are acquainted with; and as there can be little 

doubt of our being able to obtain them in time of Peace, 

upon as good Terms as other Nations, I would suggest 

the propriety of inlisting those who may come after the 

present three years Men, upon Terms of similarity with 

those of the British, or any other the most liberal Nations. 

When the Soldiers for the War have frolicked a while 

among their friends, and find they must have recourse to 

hard labour for a livelyhood, I am persuaded numbers 

of them will reinlist upon almost any Terms. Whatever 

may be adopted with respect to Pay, Clothing and Emoluments, they should be clearly and unequivocally expressed and promulgated, that there may be no 

deception or mistake. Discontent, Desertion and frequently Mutiny, are the natural consequences of these; 

and it is not more difficult to know how to punish, than 

to prevent these inconveniencies, when it is known, that 

there has been delusion on the part of the Recruiting 

Officer, or a breach of Compact on the part of the public. The pay of the Battalion Officer's is full low, but 

those of the Chaplain, Surgeon and Mate are too high; 

and a proper difference should be made between the 

Non-Commissioned Officers (serjeants particularly) 

and Privates, to give them that pride and consequence 

which is necessary to Command. 

At, or before the Time of discharging the Soldiers for 

the War, the Officers of the Army may signify their 

wishes either to retire, upon the Half pay, or to continue 

in the service; from among those who make the latter 

choice, the number wanted for a Peace Establishment 

may be selected; and it were to be wished, that they 

might be so blended together from the Several Lines, as 

to remove, as much as possible, all Ideas of State distinctions. 

No Forage should be allowed in time of Peace to 

Troops in Garrison, nor in any circumstances, but when 

actually on a MarciL 

Soldiers should not be inlisted for less than three 

Years, to commence from the date of their attestations; 

and the more difference there is in the commencement 

of their terms of Service, the better; this Circumstance 

will be the means of avoiding the danger and inconvenience of entrusting any important Posts to raw Recruits 

unacquainted with service. 

Rum should compose no part of a Soldier's Ration; 

but Vinegar in large quantities should be issued. Flour 

or Bread, and a stipulated quantity of the different 

kinds of fresh or Salted Meat, with Salt, when the 

196 

former is Issued, is all that should be contracted for. 

Vegetables they can, and ought to be compelled to 

raise. If spruce, or any other kind of small Beer, could 

be provided, it ought to be given gratis, but not made 

part of the Compact with them. It might be provided 

also, that they should receive one or two days fish in a 

Week, when to be had; this would be a saving to the 

public, (the Lakes and most of the Waters of the Ohio 

and Mississippi abounding with Fish) and would be no 

disservice to the Soldier. 

A proper recruiting fund should be established; from 

which the Regiment may always be kept complete. 

The Garrisons should be changed as often as it can be 

done with convenience; long continuance in the same 

place is injurious. Acquaintances are made, Connections formed, and habits acquired, which often prove 

very detrimental to the service. By this means, public 

duty is made to yield to interested pursuits, and real 

abuses are the Result. To avoid these Evils, I would propose, that there should be a change made in every Regiment once a Year, and one Regiment with another every 

two Years. 

An Ordinance for the service of Troops in Garrison, 

should be annexed to our present Regulations for the 

order and discipline of the Army. The latter should be 

revised, corrected and enlarged so as to form a Basis of 

Discipline under all circumstances for Continental 

Troops, and, as far as they will apply, to the Militia also: 

that one uniform system may pervade all the States. 

As a peace establishment may be considered as a 

change in, if not the Commencement of our Military 

system it will be the proper time, to introduce new and 

beneficial regulations, and to expunge all customs, 

which from experience have been found unproductive of 

general good. Among the latter I would ask, if promotion by Seniority is not one? That it is a good general 

rule admits of no doubt, but that it should be an invariable one, is in my opinion wrong. It cools, if it does not 

destroy, the incentives to Military Pride and Heroic 

Actions. On the one hand, the sluggard, who keeps 

within the verge of his .duty, has nothing to fear. On the 

other hand, the enterprising Spirit has nothing to expect. Whereas, if promotion was the sure reward of 

Merit, all would contend for Rank and the service would 

be benefited by their Struggles for Promotion. In establishing a mode by which this is to be done, and from 

which nothing is to be expected, or apprehended, either 

from favour or prejudice, lies the difficulty. Perhaps, 

reserving to Congress the right inherent in Sovereignties, 

of making all Promotions. A Board of superior Officers, appointed to receive and examine the claims to 

promotions out of common course, of any Officer, 

whether founded on particular merit, or extra service, 

and to report their opinion thereon to Congress; might 
prove a likely means of doing justice. It would certainly 

give a Spur to Emulation, without endangering the 

rights, or just pretentions of the Officers. 

Before I close my observations under this head, of a 

regular force, and the Establishment of Posts, it is necessary for me to observe, that, in fixing a Post at the North 

End of Lake Champlain I had three things in view. The 

Absolute Command of the entrance into the Lake from 

Canada. A cover to the Settlements on the New Hampshire Grants and the prevention of any illicit intercourse 

thro' that Channel. But, if it is known, or should be 

found, that the 45th Degree crosses the Lake South of 

any spot which will command the entrance into it, the 

primary object fails; And it then becomes a question of 

whether any place beyond Ticonderoga or Crown Point 

is eligible. 

Altho' it may be somewhat foreign to, and yet not 

altogether unconnected with the present subject, I must 

beg leave, from the importance of the object, as it appears to my mind, and for the advantages which I think 

would result from it to the United States, to hint, the 

propriety of Congress taking some early steps, by a liberal treatment, to gain the affections of the French settlements of Detroit, those of the Illinois and other back 

Countries. Such a measure would not only hold out 

great encouragement to the Inhabitants already on those 

lands, who will doubtless make very useful and valuable 

subjects of the United States; but would probably make 

deep and conciliatory impressions on their friends in the 

British settlements, and prove a means of drawing 

thither great numbers of Canadian Emigrants, who, under proper Regulations and establishments of Civil Government, would make a hardy and industruous race of 

Settlers on that Frontier; and who, by forming a barrier 

against the Indians, would give great security to the Infant settlement, which, soon after the close of the War, 

will probably be forming in the back Country. 

I come next in the order I have prescribed myself, to 

treat of the Arrangements necessary for placing the Militia of the Continent on a respectable footing for the 

defence of the Empire and in speaking of this great 

Bulwark of our Liberties and independence, I shall 

claim the indulgence of suggesting whatever general observations may occur from experience and reflection 

with the greater freedom, from a conviction of the importance of the subject; being persuaded, that the immediate safety and future tranquility of this extensive 

Continent depend in a great measure upon the peace 

Establishment now in contemplation; and being convinced at the same time, that the only probable means of 

preventing insult or hostility for any length of time and 

from being exempted from the consequent calamities of 

War, is to put the National Militia in such a condition as 

that they may appear truly respectable in the Eyes of our 

Friends and formidable to those who would otherwise 

become our enemies. 

Were it not totally unnecessary and superfluous to 

adduce arguments to prove what is conceded on all 

hands the Policy and expediency of resting the protection of the Country on a respectable and well established 

Militia, we might not only shew the propriety of the 

measure from our peculiar local situation, but we might 

have recourse to the Histories of Greece and Rome in 

their most virtuous and Patriotic ages to demonstrate 

the Utility of such Establishments. Then passing by the 

Mercinary Armies, which have at one time or another 

subverted the liberties of allmost all the Countries they 

have been raised to defend, we might see, with admiration, the Freedom and Independence of Switzerland 

supported for Centuries, in the midst of powerful and 

jealous neighbours, by means of a hardy and well organized Militia. We might also derive useful lessons of a 

similar kind from other Nations of Europe, but I believe 

it will be found, the People of this Continent are too well 

acquainted with the Merits of the subject to require information or example. I shall therefore proceed to point 

out some general outlines of their duty, and conclude 

this head with a few particular observations on the regulations which I conceive ought to be immediately 

adopted by the States at the instance and recommendation of Congress. 

It may be laid down as a primary position, and the 

basis of our system, that every Citizen who enjoys the 

protection of a free Government, owes not only a proportion of his property, but even of his personal services 

to the defence of it, and consequently that the Citizens 

of America (with a few legal and official exceptions) 

from 18 to 50 Years of Age should be borne on the 

Militia Rolls, provided with uniform Arms, and so far 

accustomed to the use of them, that the Total strength of 

the Country might be called forth at a Short Notice on 

any very interesting Emergency, for these purposes they 

ought to be duly organized into Commands of the same 

formation; (it is not of very great importance, whether 

the Regiments are large or small, provided a sameness 

prevails in the strength and composition of them and I 

do not know that a better establishment, than that under which the Continental Troops now are, can be 

adopted. They ought to be regularly Mustered and 

trained, and to have their Arms and Accoutrements inspected at certain appointed times, not less than once or 

twice in the course of every [year] but as it is obvious, 

amongst such a Multitude of People (who may indeed 

be useful for temporary service) there must be a great 

number, who from domestic Circumstances, bodily defects, natural awkwardness or disinclination, can never 

acquire the habits of Soldiers; but on the contrary will 

injure the appearance of any body of Troops to which 

197 
they are attached, and as there are a sufficient proportion of able bodied young Men, between the Age of 18 

and 25, who, from a natural fondness for Military parade (which passion is almost ever prevalent at that period of life) might easily be enlisted or drafted to form a 

Corps in every State, capable of resisting any sudden 

impression which might be attempted by a foreign Enemy, while the remainder of the National forces would 

have time to Assemble and make preparations for the 

Field. I would wish therefore, that the former, being 

considered as a denier resort, reserved for some great 

occasion, a judicious system might be adopted for forming and placing the latter on the best possible Establishment. And that while the Men of this description shall 

be viewed as the Van and flower of the American Forces, 

ever ready for Action and zealous to be employed whenever it may become necessary in the service of their 

Country; they should meet with such exemptions, privileges or distinctions, as might tend to keep alive a true 

Military pride, a nice sense of honour, and a patriotic 

regard for the public. Such sentiments, indeed, ought to 

be instilled into our Youth, with their earliest years, to 

be cherished and inculcated as frequently and forcibly as 

possible. 

It is not for me to decide positively, whether it will be 

ultimately most interesting to the happiness and safety 

of the United States, to form this Class of Soldiers into a 

kind of Continental Militia, selecting every lOth 15th or 

20th. Man from the Rolls of each State for the purpose; 

Organizing, Officering and Commissioning those Corps 

upon the same principle as is now practiced in the Continental Army. Whether it will be best to comprehend in 

this body, all the Men fit for service between some given 

Age and no others, for example between 18 and 25 or 

some similar description, or whether it will be preferable 

in every Regiment of the proposed Establishment to 

have one additional Company inlisted or drafted from 

the best Men for 3, 5, or 7 years and disting(Jished by the 

name of the additional or light Infantry Company, always to be kept complete. These Companies might then 

be drawn together occasionally and formed into particular Battalions or Regiments under Field Officers appointed for that Service. One or other of these plans I 

think will be found indispensably necessary, if we are in 

earnest to have an efficient force ready for Action at a 

moments Warning. And I cannot conceal my private 

sentiment, that the formation of additional, or light 

Companies will be most consistent with the genius of 

our Countrymen and perhaps in their opinion most consonant to the spirit of our Constitution. 

I shall not contend for names or forms, it will be 

altogether essential, and it will be sufficient that perfect 

Uniformity should be established throughout the Continent, and pervade, as far as possible, every Corps, 

198 

whether of standing Troops or Militia, and of whatever 

denomination they may be. To avoid the confusion of a 

contrary practice, and to produce the happy consequences which will attend a uniform system of Service, 

in case Troops from the different parts of the Continent 

shall ever be brought to Act together again, I would beg 

leave to propose, that Congress should employ some 

able hand, to digest a Code of Military Rules and regulations, calculated immediately for the Militia and other 

Troops of the United States; And as it should seem the 

present system, by being a little simplified, altered, and 

improved, might be very well adopted to the purpose; I 

would take the lib~rty of recommending, that measures 

should be immediately taken for the accomplishment of 

this interesting business, and that an Inspector General 

should be appointed to superintend the execution of the 

proposed regulations in the several States. 

Congress having fixed upon a proper plan to be established, having caused the Regulations to be compiled, 

having approved, Printed and distributed them to every 

General Field Officer, Captain and Adjutant of Militia, 

will doubtless have taken care, that whenever the system 

shall be adopted by the States the encouragement on the 

one hand, and the fines and penalties on the other will 

occasion an universal and punctual compliance therewith. 

Before I close my remarks on the establishment of our 

National Militia, which is to be the future guardian of 

those rights and that Independence, which have been 

maintain'd so gloriously, by the fortitude and perseverance of our Countrymen, I shall descend a little more 

minutely to the interior arrangements, and sum up what 

I have to say on this head with the following Positions. 

1st. That it appears to me extremely necessary there 

should be an Adjutant General appointed in each State, 

with such Assistants as may be necessary for communicating the Orders of the Commander in Chief of the 

State, making the details, collecting the Returns and 

performing every other duty incident to that Office. A 

duplicate of the Annual Returns should always be 

lodged in the War Office by the 25th of Deer. in every 

year, for the information of Congress; with any other 

reports that may be judged expedient. The Adjutant 

Generals and Assistants to be considered as the deputies 

of the Inspector General, and to assist him in carrying 

the system of Discipline into effect. 

2d. That every Militia Officer should make himself 

acquainted with the plan of Discipline, within a limited 

time, or forfeit his Commission, for it is in vain to expect the improvement of the Men, while the Officers 

remain ignorant, which many of them will do, unless 

Government will make and enforce such a Regulation. 

3dly. That the formation of the Troops ought to be 

perfectly simple and entirely uniform, for example each 
Regiment should be composed of two Battalions, each 

Battalion to consist of 4 Companies and each Company 

as at present of 1 Captain, 1 Lieutenant, 1 Ensign, 5 

Sergeants, 3 Corporals, 2 Music, 65 Privates. 

Two Battalions should form a Regiment four Regts a 

Brigade and two Brigades a Division. This might be the 

general formation; but as I before observed, I conceive it 

will be eligible to select from the district forming a Regiment, the flower of the young Men to compose an additional or light Company to every Regiment, for the 

purposes before specified, which undoubtedly ought to 

be the case unless something like a Continental Militia 

shall be instituted. To each Division two noops of Cavalry and two Companies of Artillery might also be annexed, but no Independent or Volunteer Companies 

foreign to the Establishment should be tolerated. 

4thly. It is also indispensable that such a proportion 

of the Militia (under whatever discription they are comprehended) as are always to be held in readiness for 

service, nearly in the same manner the Minute Men formerly were, should be excercised at least from 12 to 25 

days in a year, part of the time in Company, part in 

Battalion and part in Brigade, in the latter case, by 

forming a Camp, their Discipline would be greatly promoted, and their Ideas raised, as near as possible, to real 

service; 1\venty five days might be divided thus, ten days 

for training in squads, half Companies and Companies, 

ten in Battalion and five in Brigade. 

5thly. While in the Field or on actual duty, there 

should not only be a Compensation for the time thus 

spent, but a full allowance of Provisions Straw, Camp 

Equipage &c; it is also of so great consequence that 

there should be, a perfect similarity in the Arms and 

Accoutrements, that they ought to be furnished, in the 

first instance by the public, if they cannot be obtained in 

any other way, some kind of Regimentals or Uniform 

Clothing (however cheap or course they may be) are also 

highly requisite and should be provided for such occasions. Nor is it unimportant that every Article should be 

stamped with the appearance of regularity; and especially that all the Articles of public property should be 

numbered, marked or branded with the name of the 

Regiment or Corps that they may be properly accounted 

for. 

6thly. In addition to the Continental Arsenals, which 

will be treated of under the next head. Every State ought 

to Establish Magazines of its own, containing Arms, 

Accoutrements, Ammunitions, all kinds of Camp Equipage and Warlike Stores, and from which the Militia or 

any part of them should be supplied whenever they are 

call'd into the Field. 

7thly. It is likewise much to be wished, that it might be 

made agreeable to Officers who have served in the Army, 

to accept Commands in the Militia; that they might be 

appointed to them so far as can be done without creating uneasiness and jealousy, and that the principle Characters in the Community would give a countenance to 

Military improvements, by being present at public reviews and Exhibitions, and by bringing into estimation 

amongst their fellow Citizens, those who appear fond of 

cultivating Military knowledge and who excel in the Exercise of Arms. By giving such a tone to our Establishment; by making it universally reputable to bear Arms 

and disgraceful to decline having a share in the performance of Military duties; in fine, by keeping up in Peace 

"a well regulated, and disciplined Militia;• we shall take 

the fairest and best method to preserve, for a long time 

to come, the happiness, dignity and Independence of 

our Country. 

With regard to the third Head in Contemplation, to 

wit the "Establishment of Arsenals of all kinds of Military Stores." I will only observe, that having some time 

since seen a plan of the Secretary of War, which went 

fully into the discussion of this branch of Arrangement, 

and appeared (as well as I can, at this time recollect) to 

be in general perfectly well founded, little more need be 

said on the subject, especially as I have been given to 

understand the plan has been lately considerably improved and laid before Congress for their approbation; 

and indeed there is only one or two points in which I 

could wish to suggest any Alteration. 

According to my recollection, five grand Magazines 

are proposed by the Secretary at War, one of which to be 

fixed at West Point. Now, as West Point is considered 

not only by our selves, but by all who have the least 

knowledge of the Country, as a post of the greatest importance, as it may in time of Peace, from its situation 

on the Water be somewhat obnoxious to surprise or 

Coup de Main and as it would doubtless be a first object 

with any Nation which might commence a War against 

the United States, to seize that Post and occupy or destroy the Stores, it appears to me, that we ought particularly to guard against such an event, so far as may be 

practicable, and to remove some part of the Allurements 

to enterprise, by establishing the grand Arsenals in the 

Interior part of the Country, leaving only to West Point 

an adequate supply for its defence in almost any extremity. 

I take the liberty also to submit to the consideration 

of the Committee, whether, instead of five great Arsenals, it would not be less expensive and equally convenient and advantageous to fix three general Deposits, one 

for the Southern, one for the Middle and one for the 

Eastern States, including New York, in each of which 

there might be deposited, Arms, Ammunition, Field Artillery, and Camp Equipage for thirty thousand Men, 

Also one hundred heavy Cannon and Mortars, and all 

the Apparatus of a Seige, with a sufficiency of Ammuni199 
tion. 

Under the fourth General Division of the subject, it 

was proposed to consider the Establishment of Military 

Academies and Manufactories, as the means of preserving that knowledge and being possessed of those Warlike 

Stores, which are essential to the support of the Sovereignty and Independence of the United States. But as 

the Baron Steuben has thrown together his Ideas very 

largely on these Articles, which he had communicated to 

me previous to their being sent to the secretary at War, 

and which being now lodged at the War Office, I imagine have also been submitted to the inspection of the 

Committee, I shall therefore have the less occasion for 

entering into the detail, and may, without impropriety, 

be the more concise in my own observations. 

That an Institution calculated to keep alive and diffuse the knowledge of the Military Art would be highly 

expedient, and that some kinds of Military Manufactories and Elaboratories may and ought to be established, 

will not admit a doubt; but how far we are able at this 

time to go into great and expensive Arrangements and 

whether the greater part of the Military Apparatus and 

Stores which will be wanted can be imported or Manufactured, in the cheapest and best manner: I leave those 

to whom the observations are to be submitted, to determine, as being more competent, to the decision than I 

can pretend to be. I must however mention some things, 

which I think cannot be dispensed with under the 

present or any other circumstances; Until a more perfect 

system of Education can be adopted, I would propose 

that Provision should be made at some Post or Posts 

where the principle Engineers and Artillerists shall be 

stationed, for instructing a certain number of young 

Gentlemen in the Theory of the Art of War, particularly 

in all those branches of service which belong to the Artillery and Engineering Departments. Which, from the 

affinity they bear to each other, and the advantages 

which I think would result from the measure, I would 

have blended together; And as this species of knowledge 

will render them much more accomplished and capable 

of performing the duties of Officers, even in the Infantry or any other Corps whatsoever, I conceive that appointments to vacancies in the Established Regiments, 

ought to be made from the candidates who shall have 

completed their course of Military Studies and Exercises. As it does in an essential manner qualify them for 

the duties of Garrisons, which will be the principal, if 

not only service in which our Troops can be employed in 

time of Peace and besides the Regiments of Infantry by 

this means will become in time a nursery from whence a 

number of Officers for Artillery and Engineering may 

be drawn on any great or sudden occasion. 

Of so great importance is it to preserve the knowledge 

which has been acquired thro' the various Stages of a 

200 

long and arduous service, that I cannot conclude without repeating the necessity of the proposed Institution, 

unless we intend to let the Science become extinct, and 

to depend entirely upon the Foreigners for their friendly 

aid, if ever we should again be involved in Hostility. For 

it must be understood, that a Corps of able Engineers 

and expert Artillerists cannot be raised in a day, nor 

made such by any exertions, in the same time, which it 

would take to form an excellent body of Infantry from a 

well regulated Militia. 

And as to Manufactories and Elaboratories it is my 

opinion that if we should not be able to go largely into 

the business at present, we should nevertheless have a 

reference to such establishments hereafter, and in the 

means time that we ought to have such works carried on, 

wherever our principal Arsenals may be fixed, as will not 

only be sufficient to repair and keep in good order the 

Arms, Artillery, Stores &c of the Post, but shaH also 

extend to Founderies and some other essential matters. 

Thus have I given my sentiments without reserve on 

the four different heads into which the subject seemed 

naturally to divide itself, as amply as my numerous avocations and various duties would permit. Happy shall I 

be, if any thing I have suggested may be found of use in 

forming an Establishment which will maintain the lasting Peace, Happiness and Independence of the United 

States. 

Alexander Hamilton, Report of a Committee to the 

Continental Congress on a Military Peace Establishment, 18 June 1783. 

The Committee observe with respect to a military 

peace establishment, that before any plan can with propriety be adopted, it is necessary to inquire what powers 

exist for that purpose in the confederation. 

By the 4th. clause of the 6th article it is declared that 

"no vessels of war shall be kept up by any state in time 

of peace, except such number only as shall be deemed 

necessary by the United States in Congress assembled, 

for the defence of such state or its trade; nor shall any 

body of forces be kept up by any state in time of peace, 

except such number only, as in the judgment of the 

United States in Congress assembled shall be deemed 

requisite to garrison the forts necessary for the defence 

of such state." 

By the 5th. clause of the 9th article, The United States 

in Congress assembled are empowered generally (and 

without mention of peace or war) "to build and equip a 

navy, to agree upon the number of land forces, and to 

make requisitions from each state for its quota, in proportion to the number of white inhabitants in each state, 

which requisition shaH be binding, and thereupon the 
legislature of each state, shall appoint the Regimental 

officers, raise the men and clothe arm and equip them in 

a soldier-like manner at the expence of the United States 

and the officers and men so cloathed armed and 

equipped shall march to the place appointed and within 

the time agreed on by the United States in Congress 

assembled." 

By the 4th. clause of the same article the United 

States are empowered "to appoint all officers of the land 

forces except regimental officers, to appoint all officers 

of the naval forces, and to commission all officers whatever in the service of the United States, making rules for 

the government and regulation of the said land and naval forces and directing their operations." 

It appears to the Committee that the terms of the first 

clause are rather restrictive on the particular states than 

directory to the United States, intended to prevent any 

state from keeping up forces land or naval without the 

approbation and sanction of the Union, which might 

endanger its tranquillity and harmony, and not to contravene the positive power vested in the United States by 

the subsequent clauses, or to deprive them of the right 

of taking such precautions as should appear to them 

essential to the general security. A distinction that this is 

to be provided for in time of war, by the forces of the 

Union, in time of peace, by those of each state would 

involve, besides other inconveniences, this capital one, 

that when the forces of the Union should become necessary to defend its rights and repel any attacks upon 

them, the United States would be obliged to begin to 

create at the very moment they would have occasion to 

employ a fleet and army. They must wait for an actual 

commencement of hostilities before they would be authorised to prepare for defence, to raise a single regiment 

or to build a single ship. When it is considered what a 

length of time is requisite to levy and form an army and 

still more to build and equip a navy, which is evidently a 

work of leisure and of peace requiring a gradual preparation of the means- there cannot be presumed so improvident an intention in the Confederation as that of 

obliging the United States to suspend all provision for 

the common defence 'till a declaration of war or an 

invasion. If this is admitted it will follow that they are at 

liberty to make such establishments in time of peace as 

they shall judge requisite to the common safety. This is a 

principle of so much importance in the apprehension of 

the Committee to the welfare of the union, that if any 

doubt should exist as to the true meaning of the firstmentioned clause, it will in their opinion be proper to 

admit such a construction as will leave the general 

power, vested in the United States by the other clauses, 

in full force; unless the states respectively or a Majority 

of them shall declare a different interpretation. The 

Committee however submit to Congress, (in conformity 

to that spirit of Candour and to that respect for the 

sense of their constituents, which ought ever to characterize their proceedings) the propriety of transmitting 

the plan which they may adopt to the several states to 

afford an opportunity of signifying their sentiments previous to its final execution. 

The Committee, are of opinion, if there is a contitutional power in the United States for that purpose, that 

there are conclusive reasons in favour of foederal in preference to state establishments. 

First there are objects for which separate provision 

cannot conveniently be made; posts within certain districts, the jurisdiction and property of which are not yet 

constitutionally ascertained-territory appertaining to 

the United States not within the original claim of any of 

the states- the navigation of the Missippi and of the 

lakes-the rights of the fisheries and of foreign commerce; all which belonging to the United States depending on the laws of nations and on treaty, demand the 

joint protection of the Union, and cannot with propriety 

be trusted to separate establishments. 

Secondly, the fortifications proper to be established 

ought to be constructed with relation to each other on a 

general and well-digested system and their defence 

should be calculated on the same principles. This is 

equally important in the double view of safety and 

oeconomy. If this is not done under the direction of the 

United States, each state following a partial and disjointed plan, it will be found that the posts will have no 

mutual dependence or support-that they will be improperly distributed, and more numerous than is necessary as well as less efficacious-of course more easily 

reduced and more expensive both in the construction 

and defence. 

3dly. It happens, that from local circumstances particular states, if left to take care of themselves, would be in 

possession of the chief part of the standing forces and of 

the principal fortified places of the union; a circumstance inconvenient to them and to the United Statesto them, because it would impose a heavy exclusive 

burthen in a matter the benefit of which will be immediately shared by their neighbours and ultimately by the 

states at large- to the United States, because it confides 

the care of the safety of the whole to a part, which will 

naturally be unwilling as well as unable to make such 

effectual provision at its particular expence, as the common welfare requires-because a single state from the 

peculiarity of its situation, will in a manner keep the 

keys of the United States-because in fiine a considerable force in the hands of a few states may have an unfriendly aspect on the confidence and harmony which 

ought carefully to be maintained between the whole. 

4thly. It is probable that a provision by the [Congress] 

of the forces necessary to be kept up will [be based] 

201 
upon a more systematic and oeconomical plan than a 

provision by the states separately; especially as it will be 

of importance as soon as the situation of affairs will 

permit, to establish founderies, manufactaries of arms, 

powder &c; by means of which the labour of a part of 

the troops applied to this purpose will furnish the 

United States with those essential articles on easy terms, 

and contribute to their own support. 

5thly. There must be a corps of Artillery and Engineers kept on foot in time of peace, as the officers of this 

corps require science and long preliminary study, and 

cannot be formed on an emergency; and as the neglect 

of this institution would always oblige the United States 

to have recourse to foreigners in time of war for a supply 

of officers in this essential branch-an inconvenience 

which it ought to be the object of every nation to avoid. 

Nor indeed is it possible to dispense with the service of 

such a corps in time of peace, as it will be indispensable 

not only to have posts on the frontier; but to have fortified harbours for the reception and protection of the 

fleet of the United States. This corps requiring particular institutions for the instruction and formation of the 

officers cannot exist upon separate establishments without a great increase of expence. 

6thly. It appears from the annexed papers No. 1 to 4, 

to be the concurrent opinion of the Commander in 

Chief, the Secretary at War, the Inspector General and 

the Chief Engineer, not only that some militia establishment is indispensable but that it ought in all respects to 

be under the authority of the United States as well for 

military as political reasons. The plan hereafter submitted on considerations of oeconomy is less extensive that 

proposed by either of them. 

The Committee upon these principles submit the following plan. 

The Military peace establishment of the United States 

to consist of four regiments of infantry, and, one of 

Artillery incorporated in a corps of Engineers, with the 

denomination of the corps of Engineers. 

Each Regiment of infantry to consist of two batalions, each batalion of four companies, each company 

of 64 rank and file, with the following, commissioned 

and Non commissioned officers, pay, rations and 

cloathing; to be however recruited to one hundred & 

twenty eight rank & file in time of war, preserving the 

proportion of corporals to privates. 

Frederick Steuben, A Letter on the Subject of an Established Militia, and Military Arrangements, Addressed to 

the Inhabitants of tbe United States, 1784. 

Friends and Fellow Citizens, 

202 

It is the duty of every member of the community, particularly in a Republic, to be attentive to its welfare, and to 

exert himself to contribute to its prosperity. Under the 

influence of this idea permit me to engage your attention, on a subject of the utmost importance to every 

country, but more particularly to one having so recently 

emerged from the waves of despotism, and now taking 

her station amongst the Nations, on the broad basis of 

Liberty and Independence. I have risqued my fortune in 

the general feale, and hazarded my life for the attainment of the inestimable blessings of Liberty, for which 

you have bravely fought, bled, and conquered. I acknowledge myself interested for your happiness and cannot be silent. 

Having spent the greatest part of my life in military 

pursuits, I feel a confidence in my subject, and thinking 

it by no means probable that I shall ever engage on the 

busy theatre of life again, having no personal views to 

answer by the operation of the system, I shall write with 

freedom, confident that if any idea not immediately 

connected with the subject should fall from my pen, it 

will be ascribed not to the vanity or assurance of a political projector, but to that honest anxiety which I have 

ever felt for the dignity and happiness of this rising empire. 

The immediate object of my address is to hold up to 

your calm consideration what I conceive to be the best 

possible Military Establishment for the United States. 

Be not alarmed Fellow Citizens at the expression; for no 

country ever risqued their political existence without one 

that did not fall a prey to the avarice or ambition of her 

neighbours. Though America has hitherto been successful, and though no immediate cloud seems to threaten 

the sunshine of her tranquility, yet it would be idle indeed were we to conclude from thence that she was always to stand exempted from the fortunes and fate of 

other nations. 

The local situation of America, happily removed 

from Europe and her wranglings, must long continue to 

make a large army unnecessary-it is not however without its difficulties and its dangers. 

On the East an unguarded coast, and a dangerous and 

formidable Colony planted. On the West a defenceless 

frontier. Neighbours on the one side who may never be 

friends; and Savages on the other who are unalterably 

your enemies. This is your local situation. The security 

of the former must necessarily be committed in a great 

measure to a Navy; but a Navy can only grow out of 

dock-yards and arsenals, and the well regulated commerce of your country; and until they begin to operate, 

for they are the products of industry and time. Your 

principal ports at least should be raised superior to the 

fear of injury, or the dishonour of insult. 

The latter, vis. the protection of your Western fron-
tier, is a subject of perhaps more immediate importance; 

for upon this rests not only your share of a most lucrative commerce, but closely connects with it the peace, 

prosperity, and extensions of your Western settlements. 

These objects are not to be secured but by a chain of well 

chosen ports, strongly fortified and respectably garrisoned. Hence arises the necessity of an established Continental Corps; and as their services will be lasting and 

national, their establishment ought to be federal and 

permanent. 

To draught a Militia for such duty, so distant from 

their homes, and so much more trying to patience than 

to valour, would be extremely embarrassing and expensive, and fall infinitely short of both the wishes and 

expectations of Government. But independent of arguments resulting from the nature of the service or general 

expence, individual embarrassments or eventual disappointments, which must avail every plan for performing 

it by Militia draughts, there are other and very powerful 

motives for a small regular establishment. 

A Spirit of Providence is one of the strongest assurances of national wisdom, and it may not be improper 

to lay out your accounts for foreign war or domestic 

struggle. Where, in an exigency of this kind, without an 

establishment, would government look up for military 

talents and experience? Would she call upon her servants 

who have been engaged in the late controversy? If she 

did she should find many, if not all of those to whom she 

could most safely have committed the interest of the 

Republic, old or disabled-busy or dissatisfied-diffident of themselves-superior to the necessity of hazarding either life, reputation, or care; and totally lost to 

every military idea and remembrance, except the hardships and the cares. If we examine mankind under the 

impressions of property and interest, we will find that to 

make any art a study it should not only be a passion but 

a business. The Merchant may read Marshal Saxe, the 

Mathematician Monsieur Vauban, but it is the Soldier 

alone who regards their lessons and takes up the sword; 

not as the hasty avenger of a sudden wrong, but as his 

companion for life, that will study and digest them. 

I am conscious in the opinion of many I am undertaking a difficult task in attempting to convince a free people, who have established their liberties by the 

unparalleled exercise of their virtue, that a permanent 

Military Establishment is necessary to their happiness, 

absolutely so to their federal existence. I shall not in this 

essay address your passions, but I appeal forcibly to 

your reason. I shall convince you by the statement of a 

regular and exact calculation, that your present system 

of Militia draughts recommended by Congress, is not 

only impracticable in itself, and replete with every inconvenience that can shackle military movements, but it 

takes a double proportion of every necessary to collect 

and station them, and more than double the sum to 

support your frontier in this mode, than by a small regular establishment. Every objection to this system the operations of simple reasoning will fully obviate, by 

attending to the numbers and materials that shall compose your establishment, and the arrangement that may 

be made concerning enlistment, reception and muster, 

sources but too often of much unneccessary expenditure, and of the most flagrant abuse. 

Upon a review of all the military of Europe, there 

does not appear to be a single form which could be 

safely adopted by the United States; they are unexceptionably different from each other, and like all other 

human institutions, seem to have started as much out of 

accident as design. The local situation of the country; 

the spirit of the government; the character of the nation, 

and in many instances the character of the Prince, have 

all had their influence in settling the foundation and 

discipline of their respective troops, and render it impossible that we should take either as a model. The Legion 

alone has not been adopted by any, and yet I am confident in asserting, that whether it be examined as applicable to all countries, or as it may more immediately apply 

to the existing or probable necessity of this, it will be 

found strikingly superior to any other- 1st. Being a 

compleat and little army of itself, it is ready to begin its 

operations on the shortest notice or slightest alarm. 2d. 

Having all the component parts of the largest army of 

any possible description, it is prepared to meet every 

species of war that may present itself. And, 3d. As in 

every case of detachment the first constitutional principle will be preserved, and the embarassments of 

draughting and detail, which in armies differently 

framed too often distract the commanding officer, will 

be avoided. 

It may easily suggest itself from this sketch that in 

forming a Legion the most difficult task is to determine 

the necessary proportion of each species of soldiers 

which is to compose it; this must obviously depend upon 

what will be the theatre, and what the style of the war. 

On the plains of Poland, whole brigades of cavalry 

would be necessary against every enemy, but in the forest 

and among the hms of America, a single regiment would 

be more than sufficient against any, and as there are but 

two kinds of war to which we are much exposed, viz. an 

attack from the sea side by an European Power, aided by 

our sworn enemies settled on our extreme left, and an 

invasion of our back settlements by an Indian enemy, it 

follows of course that Musketteers and Light Infantry 

should make the greatest part of your army; on these 

principles I should propose the following draught. That 

a Legion consist, 1st. Of a Legionary Brigade and Regimental Staff. 2d. Of two Brigades of Musketteers, each 

Brigade of two Regiments, each Regiment of eight Com203 
panies forming two Battalions, each Company of a Captain, Lieutenant, Ensign, six Sergeants, one Drum, one 

Fife, sixty Privates, and four Supernumeraries. 3d. Of a 

Battalion of Rifle-men of four Companies, each Company to have a Captain, three Lieutenants, six Sergeants, a Bugle-horn and Drum, sixty Privates, and 

four Supernumeraries. 4th. A Division of Field Artillery 

consisting of two Companies, each to have a Captain, 

Captain-Lieutenant, three Lieutenants, six Sergeants, 

twenty Artificers, forty Matrosses, Drum, Fife, and four 

Supernumeraries. 5th. A Squadron of Cavalry consisting of two Troops, each Troop to have a Captain, two 

Lieutenants, a Cornet, six Sergeants, one Farrier, one 

Saddler, one Trumpeter, sixty Dragoons, and four Supernumeraries. 6th. Of a Train of Artillery and Equipage, to consist of one Quarter-Master, one Clothing 

and Pay-Master, five Conductors, twenty Artificers, and 

seventy Waggoners and Drivers. 

The principal Staff and Regimental Staff Officers, 

will be named by Congress- the subordinate Staff by 

Head of Departments- both to be commissioned by 

Congress, and subject to their orders alone. The men 

will be enlisted for eight years, and supported at the 

common expence of the United States, who after the 

expiration of their enlistment will accommodate each 

man with a given quantity of land. The most exact uniformity should be established throughout the component parts of this Corps. The distinction of States 

should be carefully avoided, and their service as well as 

their recompense be entirely dependent upon Congress. 

The Corps of Artillery, though not a part of the Legion 

(excepting the Field Artillery), bears an immediate relation to it, and it cannot be more properly considered 

than at this moment. It is not necessary to say more 

upon it, than, that it shall be under the immediate command of its own General, and that the subordinate Officers shall be composed of field Engineers, Geographers, 

and Artillerists, men who have and will make military 

mathematics their study. Their obvious employment will 

be designing and constructing magazines and dockyards, superintending military manufactures, surveying 

high-ways, bays, harbours, etc., etc., while the Soldiers 

will be employed in garrisoning the forts, and guarding 

the naval and military stores and places of deposit, and 

Artificers in such manufactures and works as shall be 

added to them. The Corps of Horse may be of much 

service; divided into detachments it may be usefully engaged in keeping up a ready communication between the 

different posts, and with proper arrangements will be 

much less expensive than expresses. But as the whole 

Corps will not exceed one hundred and twenty, rank and 

file, they may with great propriety be employed in 

guarding the residence of Congress, the public offices, 

papers, etc. Congress and their executive officers should 

204 

never be exposed to the mad proceedings of a mob. 

Guards are necessary, and always proper at the seat of 

government. 

In looking back upon what I have written, I am so 

happy as to find that much of what I have proposed to 

say on the uses of this Establishment, has been anticipated in the course of my Introduction; I will close the 

sketch however with this summary view of them. The 

American army at present should consist of neither 

more nor less than one compleat Legion of 3000 men 

permanent and Continental; a Corps of Artillery, Sappers, Miners, Artificers, etc., of 1000, permanent and 

Continental also; and seven Legions of well disciplined 

Militia of 3000 men each, subject to the call of their 

country, and ready to act on the shortest notice. Agreeable to this your standing force in time of peace will be 

but 4000 men, and your effective force in case of invasion 25,000 well disciplined troops. 

To your established Corps you will commit the security of your docks and arsenals, the defence of those 

forts which already exist, and such others as may hereafter be constructed. From them you will derive all necessary assurance relative to your dependent settlements, 

and effectually preserve that important water communication which has fallen to you by treaty. In times of 

peace they will operate as a principle of discipline and 

formation to your established Militia, and in those of 

war become a ready barrier against the designs of avarice and the assaults of ambition; and finally, they will 

serve as a nursery to those talents which it must ever be 

your wisdom to encourage, and which in the course of 

fortune it may become your interest to employ. 

In treating the latter part of this subject, viz. the established Militia, it may be previously necessary, to take 

a view of your present system. It is a flattering but I 

believe a mistaken idea that every Citizen should be a 

soldier. It would be as sensible and consistent to say 

every Citizen should be a Sailor. An apprenticeship must 

necessarily precede the acquisition of any trade, and the 

use of arms is as really a trade as shoe or boot making. 

Were courage the only qualification requisite in a Soldier, it would be otherwise, but galantry alone leaves the 

character very incomplete; to this must be added youth, 

size, temperance and inclination, docility of temper, and 

adroitness in the exercise of the field, and a patience 

under every vicissitude of fortune. Some of these are no 

easy lesson to a mind filled with ideas of equality and 

freedom; and in many instances are only to be learned 

with industry and pains. I have but one inference to 

draw from these remarks, i.e. that however gallant your 

Militia may be (and I know them to be brave) they must 

necessarily want much of the true military character. It 

may now be asked what are the sources of this defect? I 

will venture to suggest them: a want of uniformity in 
their discipline and in their arms- the inadequacy of the 

several laws under which they exist-the imperfect execution of those laws, such as they are- and the indifference with which every man must regard a business not in 

some degree pleasing or professional. Hence has arisen 

that uncertainty of temper-that want of confidence in 

themselves, that reluctancy to come out, that impatience 

to get home, and that waste of public and destruction of 

private property- which has ever marked an operation 

merely Militia. 

These are characteristics that cannot be denied, and 

which must be as lasting as your belief and declaration, 

"That every Citizen without exception, must be a Soldier." But when we add the ex pence of such establishment to the probable disappointment which must follow 

its operations, it will appear ruinous indeed. 

Pennsylvania, it is said, enrols by its Militia Law, 

about sixty thousand men-and I suppose, that in the 

article of expence it does not differ widely from those of 

the other States; these men are obliged to assemble six 

times in a year at some given place of rendezvous; four 

days of the six are employed in exercise and two in reviews. 

For non-attendence on reviews, each delinquent pays 

ten shillings per day, and for non-attendance upon exercise five shillings per day; therefore the man who absents 

himself from all will pay forty shillings per annum, and 

he who attends all must necessarily lose six days labour, 

while some, from their distance from the place of rendezvous, will lose ten or twelve. But taking eight as an 

average, and calculating the expence of each man at six 

shillings per day, it will amount to forty-eight shillings 

per man per annum; it then follows, that if the whole 

Militia should assemble six days in the year, the aggregate expence will amount to 386,666 dollars per annum- if on the other hand they neglect this service and 

pay the fines, they will amount to 320,000 dollars per 

annum. View it in any point of light, how imposing and 

vexatious must this be to the people. For by attendance 

do they promote the interest of the State? Or does the 

individual return to his home satisfied, that the information and instruction he has received is any compensation 

for the loss he sustains? And what is the obvious consequence of non-attendance? Are the fines a revenue to the 

State, a serviceable one I mean; or can the good wishes 

or confidence of a people be increased by the operation 

of a law, whose penalty they prefer to its obligation? I 

am convinced that under another name these impositions would not be tolerated, and that an insurrection 

would follow the exercise of them. 

If the annual expence of Pennsylvania for training her 

Militia be 386,666 dollars, and if we consider her as an 

eighth part of the United States, the aggregate expence 

of the United States in times of perfect peace, for the 

instruction of men to whom she cannot risque her fate in 

war, will be annually 3,113,328 dollars; what it would be 

in war is beyond all calculation, but it may not be amiss 

to take a view of the obviously additional sources which 

must then take place. It is I believe an acknowledged 

fact, that the expence of any corps will depend upon its 

discipline. An old soldier will live upon half the allowance of a new levy- not because he has less appetite, but 

because he has more care and more management. The 

one will regard his arms and accoutrements with all the 

solicitude of friendship; the other with all the indifference of contempt. The veteran, taught by the diseases he 

has felt or the observations he has made, is attentive to 

his health, and though attentive to his duty avoids everything which would most probably expose it; the militiaman, or new levy, fatigued and disheartened perhaps by 

the march of a single day, and measuring the tedious 

hours of his enlistment, throws himself down without 

any regard to the place or situation; rises in the morning 

reluctant and languid, and perhaps for want of attention 

to himself incapable of performing his duty. These are 

facts which cannot be contradicted, and which hold up 

to your view some articles of expence, which should be 

considered, though they cannot be ascertained. 

There are many other of the same description; such 

for instance is the loss sustained by the inefficiency of 

convoys and the inattention of guards, and such the loss 

in calling forth a Farmer, a Mechanic, or a Merchant at 

a shilling a day; the Farmer it is true loses less than 

either, but still there is no proportion between the profits 

of his farm and the wages of his sword. Under these 

considerations trade and agriculture cannot remain unhurt, they must feel some unkind influence foreign to 

their habits, and unfriendly to their genius. But there is 

still another more pressing and calamitous: I mean the 

Rotation Service. For example: A State whose Militia 

consists of 100,000 men is invaded, the whole cannot be 

called forth-10,000 may be equal to the contest-but 

unless the war be almost instantly closed, and that is not 

to be expected, the principle of rotation must be 

adopted, and the first detachment is relieved by a second, the second by a third, and the third by a fourth, so 

that in reality the State must a very large proportion of 

the time pay and feed 20,000 men, to have 10,000 in the 

field. How then are these defects to be supplied? I answer by changing their constitution, and lessening their 

numbers. The Militia of the United States may be calculated at 400,000 men; on what occasion, or for what 

purpose, shall we ever want this number? The difficulty 

of bringing a twentieth part of them together has been 

sufficiently evinced; the impossibility of instructing, 

and what is still more of feeding them if collected, wants 

no proof. Giving up therefore the chimerical idea of 

having 400,000 Militia, and that every Citizen is a Sol205 
dier, let us look for a number that will be less expensive, 

sooner collected, and more easily taught, those lessons 

necessary for a Soldier to know. 

At one period of the late war, Great-Britain attacked 

us with an army of more than 40,000 effectives; where is 

the European Power that can do more? We cannot therefore want 400,000 men, nor do we want 50,000; for as 

we cannot be surprised, an army of 25,000 will be equal 

to any foreign attack, or internal convulsion, that may 

happen to exist. I would therefore repeat my proposal, 

that in addition to the established Continental Legion, 

that Seven Legions be formed from the whole militia 

force of the United States; call them the Established 

Militia, and let their composition and construction be 

exactly the same with your Continental Legion. 

To determine what proportion of the corps will fall to 

each State, an exact register of the numbers in each 

should be previously obtained; but not to stop at what is 

very immaterial in mere proportion, I would hazard the 

following: North Department, to New Hampshire, Massachusetts, Rhode Island, and Connecticut, 1\vo Legions. Middle Department, to New York, Jersey, 

Pennsylvania, and Maryland, Three Legions. Southern 

Department, to Virginia, North Carolina, South Carolina, and Georgia, 1\vo Legions. 

It is to simplify the system, and to render its operations easy, that I make this division into departments; 

the proportion of the States composing each may be 

easily determined- the smaller will give companies, the 

larger Battalions, until the several Legions are compleat. 

In the appointment of Officers for the established Militia, I think the following method should be pursued. 

Each State appoints the Officers necessary for its own 

contingent of troops. If either send a Company only, 

they send no Officer higher than a Captain; if a Battalion, a Lieutenant-Colonel and Major; if a Regiment, a 

Colonel; if two Regiments, a Brigadier; and if two Brigades, a Major-General. In instances where neither State 

sends a sufficient number to give these higher ranks, the 

superior Officers are called from the district which has 

furnished the largest contingent. 

These Officers remain absolutely subject to the State 

which has sent them, and are dismissed with the same 

formality with which they have been appointed. For instance: If a Court-Martial should sentence to disgrace a 

Major, who belongs to a state which only furnishes a 

Company, the approbation or disapprobation belongs to 

the Supreme of that State which furnishes the largest 

part of the Regiment. If a Colonel or Brigadier belonging to a State which has furnished only a Battalion or 

Regiment, should be tried by a Court- Martial, the sentence is invalid without the approbation of the Grand 

Convention of the Empire. 

Officers or whatever rank will receive pay only for 

206 

those days which they actually spend in the service of the 

Public; they will have a right to resign their places after 

each yearly review, but while they hold their commissions, they will be subject to whatever ordinance may be 

issued by Government. This ordinance will regulate the 

pay and emoluments of each grade; determine the uniformity of the discipline, arms, and accoutrements, and 

the duties of the service in general. With regard to the 

men the following regulations should take place. 

I. That the first class be engaged for three different 

periods; one third for two years, one third for three, and 

one third for four; that is, in a company of seventy-two 

men, twenty- four will be engaged for two years, twentyfour for three years, and twenty-four for four years. 

II. That after the expiration of the time of the two 

years men, their places shall be supplied by another enlistment of the same number of men for three years, and 

that all subsequent engagements shall be for no less time 

than this. By this arrangement when the times of one 

third of a corps expire, a like number will be enlisted; 

this will prevent a total expiration, and there will be 

always two-thirds disciplined troops to one-third recruits. 

III. That none but Citizens be received. 

IV. That their age be not less than eighteen, nor more 

than twenty-four. 

V. That each man be well formed and at least five feet 

six inches high. 

VI. That both Negroes and Mulattoes be excluded. 

The best method of engaging men in service is by 

bounty; the expence will not be great, and the inconveniency and ill humour which attends draughting be 

avoided. The bounty need not exceed ten dollars per 

man; to this must be added for the whole term of service, a hat, coat, vest, pair of overalls, pair of shoes, and 

a stock; and at the expiration of his service, provided he 

has not been capitally censured, his arms and accoutrements should be given to him. In the operation of this 

system, at the expiration of every third year 7000 well 

disciplined men, with their arms and accoutrements, 

will be added to the effective force of the United States, 

and the best possible magazine for a Republic firmly 

established, (viz.) arms and accoutrements in the course 

of a few years be put into the hands of every member of 

the community, and a perfect knowledge of the duties of 

a soldier engraved on the mind of every citizen. This will 

secure you a respectable station amongst the Powers of 

Europe; and if not ensure you a perfect peace, at least 

furnish you with the ability of checking the ardour of 

any Power that may be hardy enough to attack you. 

The whole annual expence of this establishment will 

not exceed fifteen dollars per man per annum, and for 

this he subjects himself to military discipline thirty-one 

days in a year, twelve of which he will be employed in 
exercise, in detail, and twelve in learning the evolutions 

and maneuvres, and seven in reviews. 

The time for these exercises must depend upon the 

season of year and the place, upon the population of the 

State, etc., etc., but it were to be wished that at each 

rendezvous of inspection, one Legion compleat might be 

assembled, and that on every third year all the troops of 

the department would encamp together. 

The Soldier and the State must come under this farther obligation to each other, that each months service 

(exclusive of the time taken up in repairing to the rendezvous for which he will receive a certain stipulated allowance) shall count for a year; but should an invasion or 

any other cause make it necessary for Government to 

call him out, he shall be obliged to repair to the place 

appointed on the shortest notice, and to serve any length 

of time not exceeding one year, which Government may 

deem expedient. For this time he shall receive that pay 

and emoluments annexed to a war establishment. By 

such an arrangement, I dare assure to the United States, 

an army as useful and as respectable as that of any 

Republic in Europe; and as to its expence, I will venture 

again to advance, that it will not cost more than one 

third ofthe sum which is now expended; and this may be 

levied upon every man who falls under the present system, and will not demand from him but twelve shillings 

and sixpence per annum, in lieu of forty, which simply 

considered is evidently more eligible; but when viewed as 

a discharge from the irksome routine of militia duty, I 

cannot but suppose but it must be embraced with ardour 

by every individual at present enrolled in the Militia. 

As I have in a former instance made the Militia establishment of Pennsylvania a subject of calculation, it may 

not be improper to say what would be the expence of 

that Commonwealth, under the operation of the system 

proposed. For the support of her share of a board of war 

and inspection, the Continental Legion, Corps of Artillerists and others, her share of the expence will be 65,000 

dollars, and for her proportion of the seven Militia Legions 35,000 dollars, the whole annual expence then will 

amount to 10,000 doUars, and consequently she must 

have yearly 286,666 dollars-how striking is this difference. 

Should it be objected that the scale upon which I have 

gone is too small, the proportion of each State may be 

increased without breaking in upon the principles of 

formation, or should the finances of any State permit, 

or her politics require another corps, it may be raised 

upon the same plan. 

Much of what has been said on the uses of the federal 

Legion may be applied to the Militia Corps, like that in 

peace they will be a most excellent school for the instruction of the young, and in war present an immediate 

guard or barrier, behind which Government may take its 

further measures of defence with confidence and ease; 

and if necessary in war, the rank and file of your army 

may be doubled, and the list of your officers remain the 

same; for being perfectly trained in the military schools, 

which the operation of this plan will establish, I should 

without hesitation pledge myself for their abilities in 

their professions. 

Having now filled up the limits which I had prescribed for myself upon this occasion, I cannot but hope 

a plan so clearly efficient, as well as economical will not 

fail to secure the attention of the United States. 

I foresee, however, it will be subject to one very popular objection, "It is in fact a Standing Army." Yes Fellow 

Citizens I admit it- it is a Standing Army, but composed 

of your brothers and your sons. Can you require or 

conceive a better security- are they not your natural 

guardians? And shall it be supposed a cockade and 

feather, the Vox et preteria nihil of the military character, can alienate either their affections or their interests: 

Be assured you reflect upon yourselves by nourishing the 

suspicion, and wound the feelings of men who at least 

are entitled to your gratitude and esteem. 

Letter, George Washington to Frederick Steuben, 15 

March 1784. 

My Dear Baron: I have perused with attention the 

plan which you have formed for establishing a Continental Legion, and for training a certain part of the 

Arms bearing men of the Union as a Militia in times of 

peace; and with the small alterations which have been 

suggested and made, I very much approve of it. 

It was no unpleasing, and flattering circumstance to 

me, to find such a coincidence of ideas as appear to run 

thro' your plan, and the one I had the honor to lay 

before a Committee of Congress in May last. Mine however, was a hasty production, the consequence of a sudden call, and little time for arrangement. Yours of 

maturer thought and better digestion, I, at the same 

time that I hinted the propriety of a Continental Militia; 

glided almost insensibly into what I thought would, 

rather than what I conceived ought to be a proper peace 

Establishment for this Country. 

A peace establishment ought always to have two objects in view. The one present security of Posts, of Stores 

and the public tranquillity. The other, to be prepared, if 

the latter is impracticable, to resist with efficacy, the 

sudden attempts of a foreign or domestic enemy. If we 

have no occasion of Troops for the first purposes, and 

were certain of not wanting any for the second; then all 

expence of every nature and kind whatsoever on this 

score, would be equally nugatory and unjustifiable; but 

while men have a disposition to wrangle, and to disturb 

207 
the peace of Society, either from ambitious, political or 

interested motives, common prudence and foresight requires such an establishment as is likely to ensure to us 

the blessings of Peace, altho' the undertaking should be 

attended with difficulty and expence; and I can think of 

no plan more likely to answer the purpose, than the one 

you have suggested; which (the principle being established) may be enlarged, or diminished at pleasure, according to circumstances; it therefore meets my 

approbation and has my best wishes for its success. I 

have the honor etc. 

Resolution of the Continental Congress Creating the 

Peace Establishment, 3 June 1784. 

Whereas a body of troops, to consist of seven hundred non-commissioned officers and privates, properly 

officered, are immediately and indispensably necessary 

for taking possession of the western posts, as soon as 

evacuated by the troops of his britannic Majesty, for the 

protection of the northwestern frontiers, and for guarding the public stores; 

Resolved, That it be, and it is hereby recommended to 

the states hereafter named, as most conveniently situated, to furnish forthwith from their militia, seven hundred men, to serve for twelve months, unless sooner 

discharged, in the following proportions, viz. 

Connecticut, 

New York, 

165 

165 

New Jersey, 

Pensylvania, 

110 

260 

- 700 

Resolved, That the Secretary in the War Office take 

order for forming the said troops when assembled, into 

one regiment, to consist of eight companies of infantry, 

and two of artillery, arming and equipping them in a 

soldier-like manner; and that he be authorised to direct 

their destination and operations, subject to the order of 

Congress, and of the Committee of the states in the 

recess of Congress. 

Resolved, That the pay, subsistance and rations of the 

officers and men shall be the same as has been heretofore allowed to the troops of the United States; and that 

each officer and soldier shall receive one month's pay 

after they are embodied, before their march. 

Resolved, That the staff and commissioned officers 

of the said troops, consist of the following, and be furnished by the several states hereinafter mentioned; that 

is to say, one Lieutenant colonel commandant from Pensylvania; two majors, one from Connecticut, and one 

from New York, each major to command a company; 

eight captains from the several states furnishing the 

troops in the nearest proportion to the number of the 

208 

men furnished; ten lieutenants, one to act as adjutant; 

ten ensigns; one regimental chaplain; one surgeon; four 

mates. 

Resolved, That the secretary in the War office give the 

necessary order for the inferior arrangements and organization of the said troops, and make the apportionment of the officers to be furnished by the several states, 

not herein particularly directed. 

Resolved, That the said troops when embodied, on 

their march, on duty, and in garrison, shall be liable to 

all the rules and regulations formed for the government 

of the late army of the United States, or such rules and 

regulations as Congress or a committee of the states may 

form. 

Resolved, That the Superintendant of the finances of 

the United States, take order for furnishing, on the warrant of the secretary in the war office, the sums requisite 

for carrying the foregoing resolutions into effect. 

On the question to agree to the report as amended, 

the yeas and nays being required by Mr. [Ephraim] 

Paine, ... So it was resolved in the affirmative. 

Resolution of the Continental Congress Ascertaining 

the Powers and Duties of the Secretary at War, 27 January 1785. 

The ordinance for ascertaining the powers and duties 

of the Secretary at War, was taken up and being read a 

third time, was passed as follows: 

An Ordinance for ascertaining the powers and duties 

of the Secretary at War. 

Be it ordained by the United States in Congress Assembled, that the powers and duty of the Secretary at 

War shall be as follows, to wit: To examine into the 

present state of the war department, the returns and 

present state of the troops, ordnance, arms, ammunition, cloathing and supplies of the Troops of these 

states, and report the same to Congress: To keep exact 

and regular returns of all the forces of these states, and 

of all the military stores, equipments and supplies in the 

Magazines of the United States, or in other places for 

their use; and to receive into his care, from the officers 

in whose possession they may be, all such as are not in 

actual service; to form estimates of all such stores, 

equipments and supplies as may be requisite for the military service, and for keeping up competent magazines, 

and to report the same to the Commissioners of the 

treasury of the United States, that measures may be 

taken in due time, for procuring the same; to prepare 

estimates for paying and recruiting the troops of these 

United States; to carry into effect all ordinances and 

resolves of Congress for raising and equipping troops 
for the service of the United States, and for inspecting 

the said troops; and to direct the arrangement, destination and operation of such troops as are or may be in 

service, subject to the Orders of Congress or of the 

Committee of the States in the recess of Congress; to 

make out, seal and countersign the commissions of all 

such military officers as shall be employed in the service 

of the United States; to take order for the transportation, safe keeping and distributing the necessary supplies for such troops and garrisons as may be kept up by 

the United States. He shall appoint and remove at pleasure all persons employed under him, and shall be responsible for their conduct in office; all which 

appointments shall be immediately certified to Congress, and such certificate, or the substance thereof, registered in a book to be kept for that purpose in the office 

of the Secretary of Congress. He shall keep a public and 

convenient Office in the place where Congress shall reside. He shall, at least once a year, visit all the magazines 

and deposits of public stores, and report the state of 

them with proper arrangements to Congress; and shall 

twice a year, or oftner if thereto required, settle the accounts of his department. That as well the Secretary at 

war, as his assistants or clerks, before they shall enter on 

the duties of their Office, shall respectively take and 

subscribe an Oath or affirmation of fidelity to the 

United States, and for the faithful execution of the trust 

reposed in them; and which oaths or affirmations shall 

be administered by the Secretary of Congress, and a 

certificate thereof filed in his Office. The Oath of fidelity shall be in the words following: " I A. B. appointed to 

the office of do acknowledge that I do 

owe faith and true allegiance to the United States of 

America, and I do swear (or affirm) that I will, to the 

utmost of my power, support, maintain and defend the 

said United States in their freedom, sovereignty and independence, against all opposition whatsoever." And 

the Oath of Office shall be in the words following: "I, 

A. B. appointed to the office of do 

swear (or affirm) that I will faithfully, truly, and impartially execute the office of to which I 

am so appointed, according to the best of my skill and 

judgment; and that I will not disclose or reveal any 

thing, that shall come to my knowledge in the execution 

of the said office, or from the confidence I may thereby 

acquire, which, in my own judgment, or by the injunction of my superiors, ought to be kept secret." That the 

form of the oath of fidelity heretofore prescribed by 

Congress, and all former resolutions of Congress, relative to the department of war, be, and they are hereby 

repealed. Done by the United States in Congress assembled, &c. 

Resolutions of the Continental Congress Renewing the 

Peace Establishment, 1, 7, and 12 April1785. 

Friday, April I, 1785 

Congress took into consideration the report of a committee, to whom were referred sundry motions relative to 

the western frontiers, and a paragraph thereof relative to 

the raising of troops being under debate, a motion was 

made by Mr. [David] Howell, seconded by Mr. [John] 

Beatty, that the same be postponed, in order to take up 

the following: "That it is necessary, that a body of 

troops, consisting of non-commissioned officers and 

privates, be raised to serve for the term of three years, 

unless sooner discharged, for the protection of the north 

western frontiers, and for guarding public stores; to be 

raised by the States in the following proportions, viz. 

N.H.&c. 

It is the opinion of the Committee that the United 

States in Congress assembled should proceed . . . to 

make requisitions on the states for men and money in 

order to establish such garrisons. 

On the question, the paragraphs of the report being 

postponed, and the motion taken up and amended, a 

division was called for, and on the question to agree to 

the first clause as amended, 

Resolved, That it is necessary that a body of troops 

consisting of 700 noncommissioned officers and privates, be raised to serve for the term of three years, 

unless sooner discharged, for the protection of the 

northwestern frontiers, to defend the settlers on the land 

belonging to the United States, from the depredations of 

the Indians, and to prevent unwarrantable intrusions 

thereon, and for guarding the public stores. 

After debate on the latter clause of the motion, 

Ordered, That the further consideration thereof be 

postponed. 

Thursday, April 7, 1785 

Congress resumed the Consideration of the report on 

the motions relative to the western frontiers, and a motion being made by Mr. [David] Howell, seconded by 

Mr. [John] Beatty, 

That the 700 non commissioned officers and privates 

determined to be necessary, by the act of 1 April, be 

raised by the following states, in the following proportions: 

A motion was made by Mr. [William] Ellery, seconded by Mr. [Rufus] King, to postpone that motion, in 

order to take up the following: 

That it be recommended to the states hereafter 

named, as most conveniently situated, to furnish forthwith, from their militia, the seven hundred non commissioned officers and men, agreed to be raised by the 

resolution of 1 April, in the following proportions, viz. 

209 
And on the question to postpone for the purpose 

aforesaid, the yeas and nays being required by Mr. [Rufus] King, ... So the question was lost. 

After further debate the original motion was withdrawn, and thereupon, 

On motion of Mr. [William] Ellery, seconded by Mr. 

[Rufus] King, 

Resolved, That it be recommended to the states hereafter named, as most conveniently situated, to furnish 

forthwith, the seven hundred non commissioned officers 

and men, agreed to be raised by the resolution of l 

April, in the following proportions: 

Ordered, That the remainder of the report be committed, and that the committee be instructed to report the 

states to be called upon, and the proportions to be furnished by them respectively. 

Thesday, April 12, 1785 

On the report of a committee, consisting of Mr. 

[James] Monroe, Mr. [William Samuel) Johnson, Mr. 

R. R. Livingston, Mr. [Rufus) King, Mr. [John) Beatty, 

Mr. [John] Henry and Mr. [Gunning] Bedford, 

Resolved, That the non commissioned Officers and 

privates to be raised by the resolution of the seventh day 

of the present month April, be furnished by the states 

hereinafter mentioned, in the following proportions: 

Connecticut, 

New York, 

165 

165 

New Jersey, 

Pennsylvania, 

110 

260 

-700 

That the following co,mmissioned Officers be furnished by the said States, for the said troops, in the 

following proportions: 

One lieutenant colonel from Pennsylvania. 

Two majors, one from Connecticut, and one from 

New York, each to command a company. 

Eight captains, ten lieutenants, one to act as adjutant, 

one as quarter master, and one as pay master. Ten ensigns, one surgeon and four mates, to be furnished by 

the said States in proportion to the number of privates 

which they respectively furnish. 

T hat the pay of the lieutenant colonel be 50 dollars 

per month; that of the Major, 45; Captain, 35; lieutenant, 26; Ensign, 20; Serjeant, 6; Corporal, 5; Drum, 5; 

Fife, 5; private, 4; Surgeon, 45; Mate, 30. 

That the lieutenants acting as adjutant, quarter master and pay master, shall receive, in consideration of the 

said extra duty, each 10 dollars per month. 

That each Officer and soldier shall receive one 

month's pay after they are embodied, before their 

march. 

That the Secretary at War be directed to form the said 

troops when raised into one regiment, consisting of eight 

companies of infantry, and two of artillery, to appoint 

210 

their places of rendezvous, direct their subsequent operations, and make all other inferior necessary arrangements not herein particularly mentioned, subject to the 

Order of Congress, and of the Committee of the States 

in the recess of Congress; and That the Commissioners 

of the treasury be instructed to furnish on his warrant, 

the sums necessary for carrying the same into effect. 

That the said troops when embodied, on their march, 

on duty, or in garrison, shall be subject to all the rules 

and regulations formed for the government of the late 

army, or such other rules as Congress or a Committee of 

the States may form. 

That the Secretary at War ascertain the necessary 

clothing and rations proper for the troops, and report 

the same to Congress. 

That the Commissioners of the treasury contract for 

the supply of rations at such places and in such quantities as the Secretary at War shall judge necessary. 

Resolution of the Continental Congress Expanding the 

Peace Establishment, 20 October 1786. 

The committee, consisting of Mr. [Charles] Pettit, 

Mr. [Henry] Lee, Mr. [Charles] Pinckney, Mr. [John] 

Henry and Mr. [Melancton) Smith, to whom was referred the letter from the war Office, with the papers 

enclosed, containing intelligence of the hostile intentions of the Indians in the Western country, having reported, 

That the uniform tenor of the intelligence from the 

western country plainly indicates the hostile disposition 

of a number of Indian Nations, particularly the Shawanese, Puteotamies, Chippawas, Tawas and 

Twightwees: That these nations are now assembling in 

the Shawanese towns, and are joined by a banditti of 

desperadoes, under the name of Mingoes and Cherokees, who are outcasts from other nations, and who 

have associated and settled in that country for the purpose of war and plunder: That they are labouring to 

draw in other nations to unite with them in a war with 

the Americans: That it is expected one thousand warriors will soon be collected in the Shawanese towns, 

from whence they have already despatched parties to 

commence hostilities: That from the motions of the Indians to the southward as well as the northward, and the 

exertions made in different quarters to stimulate the various nations against the Americans, there is the strongest reason to believe that, unless the speediest measures 

are taken effectually to counteract and defeat their plan, 

the war will become general, and will be attended with 

the most dangerous and lasting Consequences: That the 

committee, therefore, deem it highly necessary that the 

troops in the service of the United States be immediately 
augmented, not only for the protection and support of 

the frontiers of the states, bordering on the western territory and the valuable settlements on and near the margin of the Mississippi, but to establish the possession 

and facilitate the surveying and selling of those intermediate lands which have been so much relied on for the 

reduction of the debts of the United States: Whereupon, 

Resolved unanimously, That the number of one thousand three hundred and forty noncommissioned Officers and privates be raised for the term of three years, 

unless sooner discharged, and that they, together with 

the troops now in service, be formed into a legionary 

corps, to consist of 2040 noncommissioned Officers and 

privates: That the additional troops be raised by the 

following states in the following proportions, to wit: 

New Hampshire, 260, Massachusens, 660, Rhode Island, 120, and 

Connecticut, 180, Infantry and Artillery. Maryland and Virginia each 

60 cavalry, making 120. 

That the Secretary at War inform the executive authorities of the respective states, in which the troops are 

to be raised, the number and rank of commissioned 

Officers to be furnished by each State, in proportion to 

the men. 

That the pay and allowances to the troops, to be 

raised by this resolve, be the same as established by the 

Act of Congress of the 12 of April, 1785. 

That the said troops shall be subject to the existing 

articles of war, or such as may hereafter be formed by 

Congress or a committee of the States. 

That the board of treasury contract for a supply of 

Cloathing and rations, at such places and in such quantities as the Secretary at war shall judge necessary. 

Resolved unanimously, That the states above-mentioned be, and they are hereby requested to use their 

utmost exertions, to raise the quotas of troops respectively assigned them, with all possible expedition, and 

that the executive of the said states be, and hereby are 

requested, in case any of their legislatures should not be 

in session, immediately to convene them for this purpose, as a delay may be attended with the most fatal 

Consequences. 

Ordered, That the board of treasury, without delay, 

devise ways and means for the pay and support of the 

troops of the United States upon the present establishment, and report the same to Congress. 

Resolution of the Continental Congress Renewing the 

Peace Establishment, 3 October 1787. 

Whereas the time for which the greater part of the 

troops on the frontiers are engaged will expire in the 

course of the ensuing year 

Resolved That the interests of the United States require that a corps of seven hundred troops should be 

stationed on the frontiers to protect the settlers on the 

public lands from the depredations of the Indians, to 

facilitate the surveying and selling of the said lands in 

Order to reduce the public debt and to prevent all unwarrantable intrusions thereon. 

Resolved That in Order to save the great expence of 

transporting new levies to the distant frontiers of the 

United States and also to avail the public of the discipline and knowledge of the country acquired by the 

troops on the frontiers it is highly expedient to retain as 

many of them as shall voluntarily reengage in the service. 

Resolved That seven hundred non commissioned Officers and privates be raised for the term of three years 

unless sooner discharged and that the same be furnished 

in the proportion herein specified by the states which 

raised the troops agreeably to the requisitions of Congress of April 1785 

Connecticut 

New York 

New Jersey 

Pensylvania 

one hundred and sixty five 

one hundred and sixty five 

one hundred and ten 

two hundred and sixty 

That the commissioned Officers for the said troops be 

furnished by the said States agreeably to the present 

proportions. 

That the Organization of the said troops together 

with the two companies of Artillery raised by virtue of 

the resolves of Congress of the 20'h of October 1786 be 

according to the present establishment; to wit, One regiment of infantry of eight companies, each company 

four sergeants, four corporals two musicians and sixty 

privates. And one battalion of Artillery of four companies each company four sergeants four corporals two musicians and sixty privates. 

That the secretary at war make the necessary arrangements from time to time to replace the men on the frontiers whose engagements shall expire. 

That the said troops shall be governed by such rules 

and Articles of War as are or shall be established by 

Congress or a committee of the States. 

That the pay and allowances of the said troops be the 

same as directed by the resolve of Congress of April 12'h 

1785. 

That the board of treasury make the necessary provisions of Clothing and rations from time to time at such 

places as the secretary at war shall judge necessary. 

211 
The Constitutional Convention 

Tbe Virginia Plan, 29-30 May 1787. 

l. Resolved that the articles of Confederation ought 

to be so corrected and enlarged as to accomplish the 

objects proposed by their institution; namely, "common 

defence, security of liberty and general welfare." 

2. Resolved therefore that the rights of suffrage in the 

National Legislature ought to be proportioned to the 

Quotas of contribution, or to the number of free inhabitants, as the one or the other rule may seem best in 

different cases. 

3. Resolved that the National Legislature ought to 

consist of two branches. 

4. Resolved that the members of the first branch of 

the National Legislature ought to be elected by the people of the several States every for the term 

of ; to be of the age of years at 

least, to receive liberal stipends by which they may be 

compensated for the devotion of their time to public 

service; to be ineligible to any office established by a 

particular State, or under the authority of the United 

States, except those peculiarly belonging to the functions of the first branch, during the term of service, and 

for the space of after its expiration; to be incapable of re-election for the space of after 

the expiration of their term of service, and to be subject 

to recaJl. 

5. Resolved that the members of the second branch of 

the National Legislature ought to be elected by those of 

the first, out of a proper number of persons nominated 

by the individual Legislatures, to be of the age 

of years at least; to hold their offices for a 

term sufficient to ensure their independency, to receive 

liberal stipends, by which they may be compensated for 

the devotion of their time to public service; and to be 

ineligible to any office established by a particular State, 

or under the authority of the United States, except those 

peculiarly belonging to the functions of the second 

branch, during the term of service, and for the space 

of after the expiration thereof. 

6. Resolved that each branch ought to possess the 

right of originating Acts; that the National Legislature 

ought to be impowered to enjoy the Legislative Rights 

vested in Congress by the Confederation and moreover 

to legislate in all cases to which the separate States are 

incompetent, or in which the harmony of the United 

States may be interrupted by the exercise of individual 

Legislation; to negative all laws passed by the several 

States, contravening in the opinion of the National Legislature the articles of Union; and to call forth the force 

of the Union against any member of the Union failing to 

212 

fulfill its duty under the articles thereof. 

7. Resolved that a National Executive be instituted; to 

be chosen by the National Legislature for the term 

of years, to receive punctually at stated times 

a fixed compensation for the services rendered, in which 

no increase or diminution shall be made so as to affect 

the Magistracy, existing at the time of increase or diminution, and to be ineligible a second time; and that 

besides a general authority to execute the National 

Laws, it ought to enjoy the Executive rights vested in 

Congress by the Confederation. 

8. Resolved that the Executive and a convenient number of the National Judiciary, ought to compose a council of revision with authority to examine every act of the 

National Legislature before it shall operate, and every 

act of a particular Legislature before a Negative thereon 

shall be final; and that the dissent of the said Council 

shall amount to a rejection, unless the Act of the National Legislature be again passed, or that of a particular Legislature be again negatived by of the 

members of each branch. 

9. Resolved that a National Judiciary be established 

to consist of one or more supreme tribunals, and of 

inferior tribunals to be chosen by the National Legislature, to hold their offices during good behaviour; and to 

receive punctually at stated times fixed compensation 

for their services, in which no increase or diminution 

shall be made so as to affect the persons actually in 

office at the time of such increase or diminution, that 

the jurisdiction of the inferior tribunals shall be to hear 

and determine in the first instance, and of the supreme 

tribunal to hear and determine in the dernier resort, all 

piracies and felonies on the high seas, captures from an 

enemy; cases in which foreigners or citizens of other 

States applying to such jurisdictions may be interested, 

or which respect the collection of the National revenue; 

impeachments of any National officers, and questions 

which may involve the national peace and harmony. 

10. Resolved that provision ought to be made for the 

admission of States lawfully arising within the limits of 

the United States, whether from a voluntary junction of 

Government and Thrritory or otherwise, with the consent of a number of voices in the National legislature 

less than the whole. 

11. Resolved that a Republican Government and the 

territory of each State, except in the instance of a voluntary junction of Government and territory, ought to be 

guaranteed by the United States to each state. 

12. Resolved that provision ought to be made for the 

continuance of Congress and their authorities and privileges, until a given day after the reform of the articles of 
Union shall be adopted, and for the completion of all 

their engagements. 

13. Resolved that provision ought to be made for the 

amendment of the Articles of Union whensoever it shall 

seem necessary, and that the assent of the National Legislature ought not to be required thereto. 

14. Resolved that the Legislative Executive and Judiciary powers within the several States ought to be bound 

by oath to support the articles of Union. 

15. Resolved that the amendments which shall be offered to the Confederation, by the Convention ought at 

a proper time, or times, after the approbation of Congress to be submitted to an assembly or assemblies of 

Representatives, recommended by the several Legislatures to be expressly chosen by the people, to consider 

and decide thereon. 

The New Jersey Plan, 15 June 1787 

1. Resolved that the articles of Confederation ought 

to be so revised, corrected and enlarged, as to render the 

federal Constitution adequate to the exigencies of Government, and the preservation of the Union. 

2. Resolved that in addition to the powers vested in 

the United States in Congress, by the present existing 

articles of Confederation, they be authorized to pass 

acts for raising a revenue, by levying a duty or duties on 

all goods or merchandizes of foreign growth or manufacture, imported into any part of the United States, by 

Stamps on paper, vellum or parchment, and by a postage on all letters or packages passing through the general 

post-Office, to be applied to such federal purposes as 

they shall deem proper and expedient; to make rules and 

regulations for the collection thereof; and the same from 

time to time, to alter and amend in such manner as they 

shall think proper: to pass Acts for the regulation of 

trade and commerce as well with foreign nations as with 

each other: provided that all punishments, fines, forfeitures and penalties to be incurred for contravening such 

acts rules and regulations shall be adjudged by the Common law Judiciarys of the State in which any offence 

contrary to the true intent and meaning of such Acts 

rules and regulations shall have been committed or perpetrated, with liberty of commencing in the first instance all suits and prosecutions for that purpose in the 

superior Common law Judiciary in such State, subject 

nevertheless, for the correction of all errors, both in law 

and fact in rendering judgment, to an appeal to the 

Judiciary of the United States. 

3. Resolved that whenever requisitions shall be necessary, instead of the rule for making requisitions mentioned in the articles of Confederation, the United States 

in Congress be authorized to make such requisitions in 

proportion to the whole number of white and other free 

citizens and inhabitants of every age sex and condition 

including those bound to servitude for a term of years 

and three fifths of all other persons not comprehended 

in the foregoing description, except Indians not paying 

taxes; that if such requisitions be not complied with, in 

the time specified therein, to direct the collection thereof 

in the non complying States and for that purpose to 

devise and pass acts directing and authorizing the same; 

provided that none of the powers hereby vested in the 

United States in Congress shall be exercised without the 

consent of at least States, and in that proportion if the number of Confederated States should hereafter be increased or diminished. 

4. Resolved that the United States in Congress be authorized to elect a federal Executive to consist of 

persons, to continue in office for the term of 

years, to receive punctually at stated times a 

fixed compensation for their services, in which no increase or diminution shall be made so as to affect the 

persons composing the Executive at the time of such 

increase or diminution, to be paid out of the federal 

treasury; to be incapable of holding any other office or 

appointment during their time of service and for 

years thereafter; to be ineligible a second 

time, and removeable by Congress on application by a 

majority of the Executives of the several States; that the 

Executives besides their general authority to execute the 

federal acts ought to appoint all federal officers not otherwise provided for, and to direct all military operations; 

provided that none of the persons composing the federal 

Executive shall on any occasion take command of any 

troops, so as personally to conduct any enterprise as 

General, or in other capacity. 

5. Resolved that a federal Judiciary be established to 

consist of a supreme 1ribunal the Judges of which to be 

appointed by the Executive, and to hold their offices 

during good behaviour, to receive punctually at stated 

times a fixed compensation for their services in which no 

increase or diminution shall be made, so as to affect the 

persons actually in office at the time of such increase or 

diminution; that the Judiciary so established shall have 

authority to hear and determine in the first instance on 

all impeachments of federal officers, and by way of appeal in the dernier resort in all cases touching the rights 

of Ambassadors, in all cases of captures from an enemy, 

in all cases of piracies and felonies on the high seas, in 

all cases in which foreigners may be interested, in the 

construction of any treaty or treaties, or which may arise 

on any of the Acts for regulation of trade, or the collection of the federal Revenue: that none of the Judiciary 

shall during the time they remain in Office be capable of 

receiving or holding any other office or appointment 

during their time of servie, or for thereafter. 

213 
6. Resolved that all Acts of the United States in Congress made by virtue and in pursuance of the powers 

hereby and by the articles of confederation vested in 

them, and all Treaties made and ratified under the authority of the United States shall be the supreme Jaw of 

the respective States so far forth as those Acts or Treaties 

shall relate to the said States or their Citizens, and that 

the Judiciary of the several States shall be bound thereby 

in their decisions, any thing in the respective laws of the 

Individual States to the contrary notwithstanding; and 

that if any State, or any body of men in any State shall 

oppose or prevent the carrying into execution such acts 

or treaties, the federal Executive shall be authorized to 

call forth the power of the Confederated States, or so 

much thereof as may be necessary to enforce and compel 

an obedience to such Acts, or an Observance of such 

Treaties. 

7. Resolved that provision be made for the admission 

of new States into the Union. 

8. Resolved the rule for naturalization ought to be the 

same in every State. 

9. Resolved that a Citizen of one State committing an 

offence in another State of the Union, shall be deemed 

guilty of the same offence as if it had been committed by 

a Citizen of the State in which the Offence was committed. 

Constitution of tbe United States. 17 September 1787. 

We the People of the United States, in Order to form a 

more perfect Union, establish Justice, insure domestic 

Tranquility, provide for the common defence, promote 

the general Welfare, and secure the Blessings of Liberty 

to ourselves and our Posterity, do ordain and establish 

this Constitution for the United States of America. 

Article. I. 

Section. 1. All legislative Powers herein granted shall 

be vested in a Congress of the United States, which shall 

consist of a Senate and House of Representatives. 

Section. 2. The House of Representatives shall be 

composed of Members chosen every second Year by the 

People of the several States, and the Electors in each 

State have the Qualifications requisite for Electors of the 

most numerous Branch of the State Legislature. 

No Person shall be a Representative who shall not 

have attained to the Age of twenty five Years, and been 

seven Years a Citizen of the United States, and who shall 

not, when elected, be an Inhabitant of that State in 

which he shall be chosen. 

Representatives and direct Thxes shall be apportioned 

among the several States which may be included within 

this Union, according to their respective Numbers, 

214 

which shall be determined by adding to the whole Number of free Persons, including those bound to Service for 

a Term of Years, and excluding Indians not taxed, three 

fifths of all other Persons. The actual Enumeration shall 

be made within three Years after the first Meeting of the 

Congress of the United States, and within every subsequent Thrm of ten Years, in such Manner as they shall by 

Law direct. The number of Representatives shall not 

exceed one for every thirty Thousand, but each State 

shall have at Least one Representative; and until such 

enumeration shall be made, the State of New Hampshire 

shall be entitled to chuse three, Massachusetts eight, 

Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, 

North Carolina five, South Carolina five, and Georgia 

three. 

When vacancies happen in the Representation from 

any State, the Executive Authority thereof shall issue 

Writs of Election to fill such Vacancies. 

The House of Representatives shall chuse their 

Speaker and other Officers; and shall have the sole 

Power of Impeachment. 

Section. 3. The Senate of the United States shall be 

composed of two Senators from each State, chosen by 

the Legislature thereof, for six Years; and each Senator 

shall have one Vote. 

Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as 

equally as may be into three Classes. The Seats of the 

Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the 

Expiration of the sixth Year, so that one third may be 

chosen every second year; and if Vacancies happen by 

Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make 

temporary Appointments until the next Meeting of the 

Legislature, which shall then fill such Vacancies. 

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a 

Citizen of the United States, and who shall not, when 

elected, be an Inhabitant of that State for which he shall 

be chosen. 

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be 

equally divided. 

The Senate shall chuse their other Officers, and also a 

President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of 

the United States. 

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall 

be on Oath or Affirmation. When the President of the 
United States is tried, the Chief Justice shall preside: 

And no Person shall be convicted without the Concurrence of two thirds of the Members present. 

Judgment in Cases of Impeachment shall not extend 

further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or 

Profit under the United States: but the Party convicted 

shall nevertheless be liable and subject to Indictment, 

ltial, Judgment and Punishment, according to Law. 

Section. 4. The Times, Places and Manner of holding 

Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the 

Congress may at any time by Law make or alter such 

Regulations, except as to the Places of chusing Senators. 

The Congress shall assemble at least once in every 

Year, and such Meeting shall be on the first Monday in 

December, unless they shall by Law appoint a different 

Day. 

Section. 5. Each House shall be the Judge of the 

Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum 

to do Business; but a smaller Number may adjourn from 

day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under 

such Penalties as each House may provide. 

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, 

with the Concurrence of two thirds, expel a Member. 

Each House shall keep a Journal of its Proceedings, 

and from time to time publish the same, excepting such 

Parts as may in their Judgment require Secrecy; and the 

Yeas and Nays of the Members of either House on any 

question shall, at the Desire of one fifth of those 

Present, be entered on the Journal. 

Neither House, during the Session of Congress, shall, 

without the Consent of the other, adjourn for more than 

three days, nor to any other Place than that in which the 

two Houses shall be sitting. 

Section. 6. The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the lteasury of the 

United States. They shall in all Cases, except lteason, 

Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the 

same; and for any Speech or Debate in either House, 

they shall not be questioned in any other Place. 

No Senator or Representative shall, during the Time 

for which he was elected, be appointed to any civil Office under the Authority of the United States, which 

shall have been created, or the Emoluments whereof 

shall have been encreased during such time; and no Person holding any Office under the United States, shall be 

a Member of either House during his Continuance in 

Office. 

Section. 7. All Bills for raising Revenue shall originate 

in the House of Representatives; but the Senate may 

propose or concur with Amendments as on other Bills. 

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a 

Law, be presented to the President of the United States; 

If he approve he shall sign it, but if not he shall return it, 

with his Objections to that House in which it shall have 

originated, who shall enter the Objections at large on 

their Journal, and proceed to reconsider it. If after such 

Reconsideration two thirds of that House shall agree to 

pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be 

reconsidered, and if approved by two thirds of that 

House, it shall become a Law. But in all such Cases the 

Votes of both Houses shall be determined by yeas and 

Nays, and the Names of the Persons voting for and 

against the Bill shall be entered on the Journal of each 

House respectively. If any Bill shall not be returned by 

the President within ten Days (Sundays excepted) after it 

shall have been presented to him, the Same shall be a 

Law, in like Manner as if he had signed it, unless the 

Congress by their Adjournment prevent its Return, in 

which Case it shall not be a Law. 

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives 

may be necessary (except on a question of Adjournment) shall be presented to the President of the United 

States; and before the Same shall take Effect, shall be 

approved by him, or being disapproved by him, shall be 

repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill. 

Section. 8. The Congress shall have Power To lay and 

collect Thxes, Duties, Imposts and Excises, to pay the 

Debts and provide for the common Defence and general 

Welfare of the United States; but all Duties, Imposts and 

Excises shall be uniform throughout the United States; 

To borrow Money on the credit of the United States; 

To regulate Commerce with foreign Nations, and 

among the several States, and with the Indian ltibes; 

Th establish an uniform Rule of Naturalization, and 

uniform Laws on the subject of Bankruptcies throughout the United States; 

Th coin Money, regulate the Value thereof, and of 

foreign Coin, and fix the Standard of Weights and Measures; 

To provide for the Punishment of counterfeiting the 

Securities and current Coin of the United States; 

To establish Post Offices and post Roads; 

To promote the Progress of Science and useful Arts, 

by securing for limited Times to Authors and Inventors 

the exclusive Right to their respective Writings and Dis215 
coveries; 

To constitute TI-ibunals inferior to the supreme Court; 

To define and punish Piracies and Felonies committed 

on the high Seas, and Offenses against the Law of Nations; 

To declare War, grant Letters of Marque and Reprisal, 

and make Rules concerning Captures on Land and Water; 

To raise and support Armies, but no Appropriation 

of Money to that Use shall be for a longer Term than two 

Years; 

To provide and maintain a Navy; 

To make Rules for the Government and Regulation of 

the land and naval Forces; 

To provide for calling forth the Militia to execute the 

Laws of the Union, suppress Insurrections and repel Invasions; 

To provide for organizing, arming, and disciplining, 

the Militia, and for governing such Part of them as may 

be employed in the Service of the United States, reserving to the States respectively, the Appointment of the 

Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; 

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) 

as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government 

of the United States, and to exercise like Authority over 

all Places purchased by the Consent of the Legislature of 

the State in which the Same shall be, for the Erection of 

Forts, Magazines, Arsenals, dock-Yards and other needful Buildings;- And 

To make all Laws which shall be necessary and proper 

for carrying into Execution the foregoing Powers, and 

all other Powers vested by this Constitution in the Government of the United States, or in any Department or 

Officer thereof. 

Section. 9. The Migration or Importation of such 

Persons as any of the States now existing shall think 

proper to admit, shall not be prohibited by the Congress 

prior to the Year one thousand eight hundred and eight, 

but a Thx or duty may be imposed on such Importation, 

not exceedirtg ten dollars for each Person. 

The Privilege of the Writ of Habeas Corpus shall not 

be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. 

No Bill of Attainder or ex post facto Law shall be 

passed. 

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein 

before directed to be taken. 

No Thx or Duty shall be laid on Articles exported 

from any State. 

No Preference sha11 be given by any Regulation of 

216 

Commerce or Revenue to the Ports of one State over 

those of another: nor shall Vessels bound to, or from, 

one State, be obliged to enter, clear, or pay Duties in 

another. 

No Money shall be drawn from the neasury, but in 

Consequence of Appropriations made by Law; and a 

regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from 

time to time. 

No Title of Nobility shall be granted by the United 

States: And no Person holding any Office of Profit or 

Trust under them, shall, without the Consent of the 

Congress, accept of any present, Emolument, Office, or 

Title, of any kind whatever, from any King, Prince, or 

foreign State. 

Section. 10. No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and 

Reprisal; coin Money; emit Bills of Credit; make any 

Thing but gold and silver Coin a Tender in Payment of 

Debts; pass any Bill of Attainder, ex post facto Law, or 

Law impairing the Obligation of Contracts, or grant any 

Title of Nobility. 

No State shall, without the Consent of the Congress, 

lay any Imposts or Duties on Imports or Exports, except 

what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and 

Imposts, laid by any State on Imports or Exports, shall 

be for the Use of the neasury of the United States; and 

all such Laws sha11 be subject to the Revision and Controut of the Congress. 

No State shall, without the Consent of Congress, lay 

any Duty of Tonnage, keep noops, or Ships of War in 

time of Peace, enter into any Agreement or Compact 

with another State, or with a foreign Power, or engage in 

War, unless actually invaded, or in such imminent Danger as will not admit of delay. 

Article. II. 

Section. 1. The executive Power shall be vested in a 

President of the United States of America. He shall hold 

his Office during the Term of four Years, and, together 

with the Vice President, chosen for the same Thrm, be 

elected, as follows 

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal 

to the whole Number of Senators and Representatives to 

which the State may be entitled in the Congress: but no 

Senator or Representative, or Person holding an Office 

of nust or Profit under the United States, shall be appointed an Elector. 

The Electors shall meet in their respective States, and 

vote by Ballot for two Persons, of whom one at least 

shall not be Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted 
for, and of the Number of Votes for each; which List 

they shall sign and certify, and transmit sealed to the 

Seat of the Government of the United States, directed to 

the President of the Senate. The President of the Senate 

shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall 

then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a 

Majority of the whole Number of Electors appointed; 

and if there be more than one who have such Majority, 

and have an equal Number of Votes, then the House of 

Representatives shall immediately chuse by Ballot one of 

them for President; and if no Person have a Majority, 

then from the five highest on the List the said House 

shall in like Manner chuse the President. But in chusing 

the President, the Votes shall be taken by States, the 

Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all 

the States shall be necessary to a Choice. In every Case, 

after the Choice of the President, the Person having the 

greatest Number of Votes of the Electors shall be the 

Vice President. But if there should remain two or more 

who have equal Votes, the Senate shall chuse from them 

by Ballot the Vice President. 

The Congress may determine the Time of chusing the 

Electors, and the Day on which they shall give their 

Votes; which Day shall be the same throughout the 

United States. 

No Person except a natural born Citizen, or a Citizen 

of the United States, at the time of the Adoption of this 

Constitution, shall be eligible to the Office of the President; neither shall any person be eligible to that Office 

who shall not have attained to the Age of thirty five 

Years, and been fourteen Years a Resident within the 

United States. 

In Case of the Removal of the President from Office, 

or of his Death, Resignation, or Inability to discharge 

the Powers and Duties of the said Office, the Same shall 

devolve on the Vice President, and the Congress may by 

Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, 

and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected. 

The President shall, at stated Times, receive for his 

Services, a Compensation, which shall neither be increased nor diminished during the Period for which he 

shall have been elected, and he shall not receive within 

that Period any other Emolument from the United 

States, or any of them. 

Before he enter on the Execution of his Office, he 

shall take the following Oath or Affirmation:-"! do 

solemnly swear (or affirm) that I will faithfully execute 

the Office of President of the United States, and will to 

the best of my Ability, preserve, protect and defend the 

Constitution of the United States." 

Section. 2. The President shall be Commander in 

Chief of the Army and Navy of the United States, and 

of the Militia of the several States, when called into the 

actual Service of the United States; he may require the 

Opinion, in writing, of the principal Officer in each of 

the executive Departments, upon any Subject relating to 

the Duties of their respective Offices, and he shall have 

Power to grant Reprieves and Pardons for Offenses 

against the United States, except in Cases of Impeachment. 

He shall have Power, by and with the Advice and 

Consent of the Senate, to make neaties, provided two 

thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the 

Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all 

other Officers of the United States, whose Appointments are not herein otherwise provided for, and which 

shall be established by Law: but the Congress may by 

Law vest the Appointment of such inferior Officers, as 

they think proper, in the President alone, in the Courts 

of Law, or in the Heads of Departments. 

The President shall have Power to fill up all Vacancies 

that may happen during the Recess of the Senate, by 

granting Commissions which shall expire at the End of 

their next Session. 

Section. 3. He shall from time to time give to the 

Congress Information of the State of the Union, and 

recommend to their Consideration such Measures as he 

shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of 

them, and in Case of Disagreement between them, with 

Respect to the Time of Adjournment, he may adjourn 

them to such Time as he shall think proper; he shall 

receive Ambassadors and other public Ministers; he 

shall take Care that the Laws be faithfully executed, and 

shall Commission all the Officers of the United States. 

Section. 4. The President, Vice President and all civil 

Officers of the United States, shall be removed from 

Office on Impeachment for, and Conviction of, neason, Bribery, or other high Crimes and Misdemeanors. 

Article. III. 

Section. 1. The judicial Power of the United States, 

shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and 

inferior Courts, shall hold their Offices during good 

Behaviour, and shall, at stated Times, receive for their 

Services, a Compensation, which shall not be diminished during their Continuance in Office. 

217 
Section. 2. The judicial Power shall extend to all 

Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, 

or which shall be made, under their Authority;-to all 

Cases affecting Ambassadors, other public Ministers 

and Consuls;-to all Cases of admiralty and maritime 

Jurisdiction;- to Controversies to which the United 

States shall be a Party;- to Controversies between two 

or more States; between a State and Citizens of another 

State;-between Citizens of different States- between 

Citizens of the same State claiming Lands under Grants 

of different States, and between a State, or the Citizens 

thereof, and foreign States, Citizens or Subjects. 

In all Cases affecting Ambassadors, other public 

Ministers and Consuls, and those in which a State shall 

be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to 

Law and Fact, with such Exceptions, and under such 

Regulations as the Congress shall make. 

The Trial of all Crimes, except in Cases of Impeachment; shall be by Jury; and such Trial shall be held in the 

State where the said Crimes shall have been committed; 

but when not committed within any State, the Trial shall 

be at such Place or Places as the Congress may by Law 

have directed. 

Section. 3. 1teason against the United States, shall 

consist only in levying War against them, or in adhering 

to their Enemies, giving them Aid and Comfort. No 

Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on 

Confession in open Court. 

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work 

Corruption of Blood, or Forfeiture except during the 

Life of the Person attainted. 

Article. IV. 

Section. 1. Full Faith and Credit shall be given in each 

State to the public Acts, Records, and judicial Proceedings of every other State; And the Congress may by 

general Laws prescribe the Manner in which such Acts, 

Records and Proceedings shall be proved, and the Effect 

thereof. 

Section. 2. The Citizens of each State shall be entitled 

to all Privileges and Immunities of Citizens in the several 

States. 

A Person charged in any State with Treason, Felony, 

or other Crime, who shall flee from Justice, and be 

found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction 

of the Crime. 

No Person held to Service or Labour in one State, 

218 

under the Laws thereof, escaping into another, shall, in 

Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or 

Labour may be due. 

Section. 3. New States may be admitted by the Congress into this Union; but no new State shall be formed 

or erected within the Jurisdiction of any other State; nor 

any State be formed by the Junction of two or more 

States, or Parts of States, without the Consent of the 

Legislatures of the States concerned as well as of the 

Congress. 

The Congress shall have Power to dispose of and 

make all needful Rules and Regulations respecting the 

Territory or other Property belonging to the United 

States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, 

or of any particular State. 

Section. 4. The United States shall guarantee to every 

State in this Union a Republican Form of Government, 

and shall protect each of them against Invasion; and on 

Application of the Legislature, or of the Executive 

(when the Legislature cannot be convened) against domestic Violence. 

Article. V. 

The Congress, whenever two thirds of both Houses 

shall deem it necessary, shall propose Amendments to 

this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a 

Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as 

Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other 

Mode of Ratification may be proposed by the Congress; 

Provided that no Amendment which may be made prior 

to the Year One thousand eight hundred and eight shall 

in any Manner affect the first and fourth Clauses in the 

Ninth Section of the first Article; and that no State, 

without its Consent, shall be deprived of it's equal Suffrage in the Senate. 

Article. VI. 

All Debts contracted and Engagements entered into, 

before the Adoption of this Constitution, shall be as 

valid against the United States under this Constitution, 

as under the Confederation. 

This Constitution, and the Laws of the United States 

which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority 

of the United States, shall be the supreme Law of the 

Land; and the Judges in every State shall be bound 

thereby, any Thing in the Constitution or Laws of any 
State to the Contrary notwithstanding. 

The Senators and Representatives before mentioned, 

and the Members of the several State Legislatures, and 

all executive and judicial Officers, both of the United 

States and of the several States, shall be bound by Oath 

or Affirmation, to support this Constitution; but no 

religious Test shall ever be required as a Qualification to 

any Office or public Trust under the United States. 

Article. VII. 

The Ratification of the Conventions of nine States, 

shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same. 

done in Convention by the Unanimous Consent of 

the States present the Seventeenth Day of September in 

the Year of our Lord one thousand seven hundred and 

Eighty seven and of the Independence of the United 

States of America the 1\velfth In Witness whereof We 

have hereunto subscribed our Names, 

The Word, "the:' being interlined between the seventh 

and eighth Lines of the first Page, The Word "Thirty" 

being partly written on an Erazure in the fifteenth Line 

of the first Page, The Words "is tried" being interlined 

between the thirty second and thirty third Lines of the 

first Page and the Word "the" being interlined between 

the forty third and forty fourth Lines of the second 

Page. 

Attest William Jackson Secretary 

G? Washington- Presid.• 

and deputy from Virginia 

New Hampshire John Langdon 

Nicholas Gilman 

Massachusetts Nathaniel Gorham 

Rufus King 

Connecticut Wm. Saml. Johnson 

Roger Sherman 

New York Alexander Hamilton 

New Jersey Wil: Livingston 

David Brearley 

Wm. Paterson 

Jona: Dayton 

Pennsylvania B Franklin 

Thomas Mifflin 

Robt Morris 

Geo. Clymer 

Thos. FitzSimons 

Jared Ingersoll 

James Wilson 

Gouv Morris 

Delaware Geo: Read 

Gunning Bedford jun 

John Dickinson 

Richard Bassett 

Jaco: Broom 

Maryland James McHenry 

Dan of St Thos. Jenifer 

Danl Carroll 

Virginia John Blair~ 

James Madison Jr. 

North Carolina Wm. Blount 

Richd. Dobbs Spaight 

Hu Williamson 

South Carolina J. Rutledge 

Charles Cotesworth Pinckney 

Charles Pinckney 

Pierce Butler 

Georgia William Few 

Abr Baldwin 

Ratification 

The fight for ratification stimulated a widespread 

public debate on constitutional issues. The following 

extracts from that discussion concentrate on the question of the proper control of military power in a republic. Representing the opposition to the new Constitution 

are the preeminent publicists Elbridge Gerry ("a Columbian Patriot") and Richard Henry Lee ("the Federal 

Farmer"). Representing the federal position are John 

Jay and Alexander Hamilton in extracts from the celebrated Federalist Papers. 

Extract from Richard Henry Lee, "Observations leading 

to a fair examination of tbe system of government, proposed by tbe late Convention; and to several essential 

and necessary alterations in it. In a manner of Letters 

from tbe Federal Farmer to tbe Republican:' 1787. 

By the constitution it is proposed that congress shall 

have power "to raise and support armies, but no appropriation of money to that use shall be for a longer term 

than two years; to provide and maintain a navy; to provide for calling forth the militia to execute the laws of 

219 
the union; suppress insurrections, and repel invasions: 

to provide for organizing, arming, and disciplining the 

militia;" reserving to the states the right to appoint the 

officers, and to train the militia according to the discipline prescribed by congress; congress will have unlimited power to raise armies, and to engage officers and 

men for any number of years; but a legislative act applying money for their support can have operation for no 

longer term than two years, and if a subsequent congress 

do not within the two years renew the appropriation, or 

further appropriate monies for the use of the army, the 

army will be left to take care of itself. When an army 

shall once be raised for a number of years, it is not 

probable that it will find much difficulty in getting congress to pass laws for applying monies to its support. I 

see so many men in America fond of a standing army, 

and especially among those who probably will have a 

large share in administering the federal system; it is very 

evident to me, that we shall have a large standing army 

as soon as the monies to support them can be possibly 

found. An army is not a very agreeable place of employment for the young gentlemen of many families. A 

power to raise armies must be lodged some where; still 

this wiJl not justify the lodging this power in a bare 

majority of so few men without any checks; or in the 

government in which the great body of the people, in the 

nature of things, will be only nominally represented. In 

the state governments the great body of the people, the 

yeomanry, &c. of the country, are represented: It is true 

they will chuse the members of congress, and may now 

and then chuse a man of their own way of thinking; but 

it is not impossible for forty, or thirty thousand people 

in this country, one time in ten to find a man who can 

possess similar feelings, views, and interests with themselves: Powers to lay and collect taxes and to raise armies 

are of t11e greatest moment; for carrying them into effect, laws need not be frequently made, and the yeomanry, &c. of the country ought substantially to have a 

check upon the passing of these laws; this check ought 

to be placed in the legislatures, or at least, in the few 

men the common people of the country, will, probably, 

have in congress, in the true sense of the word, "from 

among themselves." It is true, the yeomanry of the 

country possess the lands, the weight of property, possess arms, and are too strong a body of men to be openly 

offended- and, therefore, it is urged, they will take care 

of themselves, that men who shall govern will not dare 

pay any disrespect to their opinions. It is easily perceived, that if they have not their proper negative upon 

passing laws in congress, or on the passage of laws relative to taxes and armies, they may in twenty or thirty 

years be by means imperceptible to them, totally deprived of that boasted weight and strength: This may be 

done in a great measure by congress, if disposed to do it, 

220 

by modelling the militia, Should one fifth or one eighth 

part of the men capable of bearing arms, be made a 

select militia, as has been proposed, and those the young 

and ardent part of the community, possessed of but little 

or no property, and all the others put upon a plan that 

will-render them of no importance, the former will answer all the purposes of an army, while the latter will be 

defenceless. The state must train the militia in such form 

and according to such systems and rules as congress 

shall prescribe: and the only actual influence the respective states will have respecting the militia will be in appointing the officers. I see no provision made for calling 

out the posse comitatus for executing the laws of the 

union, but provision is made for congress to call forth 

the militia for the execution of them-and the militia in 

general, or any select part of it, may be called out under 

military officers, instead of the sheriff to enforce an 

execution of federal laws, in the first instance, and 

thereby introduce an entire military execution of the 

laws. I know that powers to raise taxes, to regulate the 

military strength of the community on some uniform 

plan. To provide for its defence and internal order, and 

for duly executing the laws, must be lodged somewhere; 

but still we ought not so to lodge them, as evidently to 

give one order of men in the community, undue advantages over others; or commit the many to the mercy, 

prudence, and moderation of the few. And so far as it 

may be necessary to lodge any of the peculiar powers in 

the general government, a more safe exercise of them 

ought to be secured, by requiring the consent of twothirds or three-fourths of congress thereto-until the 

federal representation can be increased, so that the democratic members in congress may stand some tolerable 

chance of a reasonable negative, in behalf of the numerous, important, and democratic part of the community. 

Extract from Elbridge Gerry, "Observations on the new 

Constitution and on the Federal and State Conventions 

By a Columbian Patriot:• 1788. 

Though it has been said by Mr. Wilson and many 

others, that a Standing-Army is necessary for the dignity 

and safety of America, yet freedom revolts at the idea, 

when the Divan, or the Despot, may draw out his dragoons to suppress the murmurs of a few, who may yet 

cherish those sublime principles which call forth the exertions, and lead to the best improvements of the human 

mind. It is hoped this country may yet be governed by 

milder methods than are usually displayed beneath the 

bannerets of military law.- Standing armies have been 

the nursery of vice and the bane of liberty from the 

Roman legions to the establishment of the artful 

Ximenes, and from the ruin of the Cortes of Spain, to 
the planting of the British cohorts in the capitals of 

America:- By the edicts of an authority vested in the 

sovereign power by the proposed constitution, the militia of the country, the bulwark of defence, and the security of national liberty if no longer under the controul of 

civil authority; but at the rescript of the Monarch, or the 

aristocracy, they may either be employed to extort the 

enormous sums that will be necessary to support the 

civil list- to maintain the regalia of power- and the 

splendour of the most useless part of the community, or 

they may be sent into foreign countries for the fulfilment 

of treaties, stipulated by the President and two-thirds of 

the Senate .... 

We were then told by him [Royal Governor Thomas 

Hutchinson], in all the soft language of insinuation, 

that no form of government, of human construction can 

be perfect- that we had nothing to fear- that we had no 

reason to complain- that we had only to acquiesce in 

their illegal claims, and to submit to the requisition of 

parliament, and doubtless the lenient hand of government would redress all grievances, and remove the oppressions of the people:- Yet we soon saw armies of 

mercenaries encamped on our plains- our commerce 

ruined- our harbours blockaded- and our cities burnt. 

It may be replied that this was in consequence of an 

obstinate defence of our privileges; this may be true; 

and when the "ultima ratio" is called to aid, the weakest 

must fall. But Jet the best informed historian produce an 

instance when bodies of men were entrusted with power, 

and the proper checks relinquished, if they were ever 

found destitute of ingenuity sufficient to furnish pretences to abuse it. And the people at large are already 

sensible, that the liberties which America has claimed, 

which reason has justified, and which have been so gloriously defended by the swords of the brave; are not 

about to fall before the tyranny of foreign conquest: it is 

native usurpation that is shaking the foundations of 

peace, and spreading the sable curtain of despotism over 

the United States. The banners of freedom were erected 

in the wilds of America by our ancestors, while the wolf 

prowled for his prey on the one hand, and more savage 

man on the other; they have been since rescued from the 

invading hand of foreign power, by the valor and blood 

of their posterity; and there was reason to hope they 

would continue for ages to illumine a quarter of the 

globe, by nature kindly separated from the proud monarchies of Europe, and the infernal darkness of Asiatic 

slavery.- And it is to be feared we shall soon see this 

country rushing into the extremes of confusion and violence, in consequence of the proceeding of a set of gentlemen, who disregarding the purposes of their 

appointment, have assumed powers unauthorized by 

any commission, have unnecessarily rejected the confederation of the United States, and annihilated the sovereignty and independence of the individual 

governments.-The causes which have inspired a few 

men to assemble for very different purposes with such a 

degree of temerity as to break with a single stroke the 

union of America, and disseminate the seeds of discord 

through the land may be easily investigated, when we 

survey the partizans of monarchy in the state conventions, urging the adoption of a mode of government that 

militates with the former professions and exertions of 

this country, and with all ideas of republicanism, and 

the equal rights of men. 

Passion, prejudice, and error, are characteristics of 

human nature; and as it cannot be accounted for on any 

principles of philosophy, reiigion, or good policy; to 

these shades in the human character must be attributed 

the mad zeal of some, to precipitate to a blind adoption 

of the measures of the late federal convention, without 

giving opportunity for better information to those who 

are misled by influence or ignorance into erroneous 

opinions.- Litterary talents may be prostituted, and the 

powers of genius debased to subserve the purposes of 

ambition or avarice; but the feelings of the heart will 

dictate the language of truth, and the simplicity of her 

accents will proclaim the infamy of those, who betray 

the rights of the people, under the specious, and popular 

pretence of justice, consolidation, and dignity. 

It is presumed the great body of the people unite in 

sentiment with the writer of these observations, who 

most devoutly prays that public credit may rear her declining head, and remunerative justice pervade the land; 

nor is there a doubt if a free government is continued, 

that time and industry will enable both the public and 

private debtor to liquidate their arrearages in the most 

equitable manner. They wish to see the Confederated 

States bound together by the most indissoluble union, 

but without renouncing their separate sovereignties and 

independence, and becoming tributaries to a consolidated fabrick of aristocratick tyranny.- They wish to see 

government established, and peaceably holding the reins 

with honour, energy, and dignity; but they wish for no 

federal city whose "cloud cap't towers" may screen the 

state culprit from the hand of justice; while its exclusive 

jurisdiction may protect the riot of armies encamped 

within its limits.- They deprecate discord and civil convulsions, but they are not yet generally prepared with the 

ungrateful Israelites to ask a King, nor are their spirits 

sufficiently broken to yield the best of their olive 

grounds to his servants, and to see their sons appointed 

to run before his chariots-It has been observed by a 

zealous advocate for the new system, that most governments are the result of fraud or violence, and this with 

design to recommend its acceptance- but has not almost every step toward its fabrication been fraudulent in 

the extreme? Did not the prohibition strictly enjoined by 

221 
the general Convention, that no member should make 

any communication to his Constituents, or to gentlemen 

of consideration and abilities in the other States, bear 

evident marks of fraudulent designs?-This circumstance is regretted in strong terms by Mr. Martin, a 

member from Maryland, who acknowledges "He had 

no idea that all the wisdom, integrity, and virtue of the 

States was contained in that Convention, and that he 

wished to have corresponded with gentlemen of eminent 

political characters abroad, and to give their sentiments 

due weight" -he adds, "so extremely solicitous were 

they, that their proceedings should not transpire, that 

the members were prohibited from taking copies of their 

resolutions, or extracts from the Journals, without express permission, by vote." - And the hurry with which 

it has been urged to the acceptance of the people, without giving time, by adjournments, for better information, and more unanimity has a deceptive appearance; 

and if finally driven to resistance, as the only alternative 

between that and servitude, till in the confusion of discord, the reins should be seized by the violence of some 

enterprizing genius, that may sweep down the last barrier of liberty, it must be added to the score of criminality with which the fraudulent usurpation at 

Philadelphia, may be chargeable.- Heaven avert such a 

tremendous scence! and let us still hope a more happy 

termination of the present ferment:- may the people be 

calm and wait a legal redress; may the mad transport of 

some of our infatuated capitals subside; and every influential character through the States, make the most prudent exertions for a new general Convention, who may 

vest adequate powers in Congress, for all national purposes, without annihilating the individual governments, 

and drawing blood from every pore by taxes, impositions and illegal restrictions.- This step might again reestablish the Union .... 

The happiness of mankind depends much on the 

modes of government, and the virtues of the governors; 

and America may yet produce characters who have genius and capacity sufficient to form the manners and 

correct the morals of the people, and virtue enough to 

lead their country to freedom, Since their dismemberment from the British empire, America has, in many 

instances, resembled the conduct of a restless, vigorous, 

luxurious youth, prematurely emancipated from the authority of a parent, but without the experience necessary 

to direct him to act with dignity or discretion. Thus we 

have seen her break the shackles of foreign dominion, 

and all the blessings of peace restored on the most honourable terms: She acquired the liberty of framing her 

own laws, choosing her own magistrates, and adopting 

manners and modes of government the most favourable 

to the freedom and happiness of society. But how little 

have we availed ourselves of these superior advantages: 

222 

The glorious fabric of liberty successfully reared with so 

much labor and assiduity totters to the foundation, and 

may be blown away as the bubble of fancy by the rude 

breath of military combinations, and politicians of yesterday. 

It is true this country lately armed in opposition to 

regal despotism- impoverished by the expences of a 

long war, and unable immediately to fulfil their public 

or private engagements that appeared in some instances, 

with a boldness of spirit that seemed to set at defiance 

all authority, government, or order, on the one hand; 

while on the other, there has been, not only a secret 

wish, but an open avowal of the necessity of drawing the 

reins of government much too taught, not only for a 

republicanism, but for a wise and limited monarchy.-

But the character of this people is not averse to a degree 

of subordination, the truth of this appears from the easy 

restoration of tranquility, after a dangerous insurrection 

in one of the states; this also evinces a little necessity of a 

complete revolution of government throughout the union. But it is a republican principle that the majority 

should rule; and if a spirit of moderation should be 

cultivated on both sides, till the voice of the people at 

large could be fairly heard it should be held sacred.-

And if, on such a scrutiny, the proposed constitution 

should appear repugnant to their character and wishes; 

if they, in the language of a late elegant pen, should 

acknowledge that "no confusion in my mind, is more 

terrible to them than the stern disciplined regularity and 

vaunted police of arbitrary governments, where every 

heart is depraved by fear, where mankind dare not assume their natural characters, where the free spirit must 

crouch to the slave in office, where genius must repress 

her effusions, or like the Egyptian worshippers, offer 

them in sacrifice to the calves in power, and where the 

human mind, always in shackles, shrinks from every 

generous effort." Who would then have the effrontery 

to say, it ought not to be thrown out with indignation, 

however some respectable names have appeared to support it.- But if after all, on a dispassionate and fair 

discussion, the people generally give their voices for a 

voluntary dereliction of their privileges, let every individual who chooses the active scenes of life strive to 

support the peace and unanimity of his country, though 

every other blessing may expire- And while the statesman is plodding for power, and the courtier practising 

the arts of dissimulation without check-while the rapacious are growing rich by oppression, and fortune 

throwing her gifts into the lap of fools, let the sublimer 

characters, the philosophic lovers of freedom who have 

wept over her exit, retire to the calm shades of contemplation, there they may look down with pity on the inconsistency of human nature, the revolution of states, 

the rise of kingdoms, and the fall of empires. 
Extract from John Jay, The Federalist Papers. 

Number 3 

Among the many objects to which a wise and free 

people find it necessary to direct their attention, that of 

providing for their safety seems to be the first. The 

safety of the people doubtless has relation to a great 

variety of circumstances and considerations, and consequently affords great latitude to those who wish to define it precisely and comprehensively. 

At present I mean only to consider it as it respects 

security for the preservation of peace and tranquility, as 

well as against dangers from foreign arms and influence, 

as from dangers of the like kind arising from domestic 

causes. As the former of these comes first in order, it is 

proper it should be the first discussed. Let us therefore 

proceed to examine whether the people are not right in 

their opinion that a cordial Union, under an efficient 

national government, affords them the best security that 

can be devised against hostilities from abroad. 

The number of wars which have happened or will 

happen in the world will always be found to be in proportion to the number and weight of the causes, whether 

real or pretended, which provoke or invite them. If this 

remark be just, it becomes useful to inquire whether so 

many just causes of war are likely to be given by united 

America as by disunited America; for if it should turn 

out that united America will probably give the fewest, 

then it will follow that in this respect the Union tends 

most to preserve the people in a state of peace with other 

nations. 

The just causes of war, for the most part, arise either 

from violations of treaties or from direct violence. 

America has already formed treaties with no less than 

six foreign national, and all of them, except Prussia, are 

maritime, and therefore able to annoy and injure us. She 

has also extensive commerce with Portugal, Spain, and 

Britain, and, with respect to the two latter, has, in addition, the circumstance of neighborhood to attend to. 

It is of high importance to the peace of America that 

she observe the laws of nations towards all these powers, 

and to me it appears evident that this will be more perfectly and punctually done by one national government 

than it could be either by thirteen separate States or by 

three or four distinct confederacies. For this opinion 

various reasons may be assigned. 

When once an efficient national government is established, the best men in the country will not only consent 

to serve, but also will generally be appointed to manage 

it; for, although town or country, or other contracted 

influence, may place men in State assemblies, or senates, or courts of justice or executive departments, yet 

more general and extensive reputation for talents and 

other qualifications will be necessary to recommend 

men to offices under the national government-especially as it will have the widest field for choice, and never 

experience that want of proper persons which is not uncommon in some of the States. Hence, it will result that 

the administration, the political counsels, and the judicial decisions of the national government will be more 

wise, systematical, and judicious than those of individual States, and consequently more satisfactory with respect to other nations, as well as more safe with respect 

to us. 

So far, therefore, as either designed or accidental violations of treaties and of the laws of nations afford just 

causes of war, they are less to be apprehended under one 

general government than under several lesser ones, and 

in that respect the former most favors the safety of the 

people. 

As to those just causes of war which proceed from 

direct and unlawful violence, it appears equally clear to 

me that one good national government affords vastly 

more security against dangers of that sort than can be 

derived from any other quarter. 

Such violences are more frequently occasioned by the 

passions and interests of a part than of the whole, of 

one or two States than of the Union. Not a single Indian 

war has yet been produced by aggressions of the present 

federal government, feeble as it is; but there are several 

instances of Indian hostilities having been provoked by 

the improper conduct of individual States, who, either 

unable or unwilling to restrain or punish offenses, have 

given occasion to the slaughter of many innocent inhabitants. 

The neighborhood of Spanish and British territories, 

bordering on some States and not on others, naturally 

confines the causes of quarrel more immediately to the 

borderers. The bordering States, if any, will be those 

who, under the impulse of sudden irritation, and a quick 

sense of apparent interest or injury, will be most likely, 

by direct violence, to excite war with those nations; and 

nothing can so effectually obviate that danger as a national government, whose wisdom and prudence will not 

be diminished by the passions which actuate the parties 

immediately interested. 

But not only fewer just causes of war will be given by 

the national government, but it will also be more in their 

power to accommodate and settle them amicably. They 

will be more temperate and cool, and in that respect, as 

well as in others, will be more in capacity to act with 

circumspection than the offending State. The pride of 

states, as well as of men, naturally disposes them to 

justify all their actions, and opposes their acknowledging, correcting, or repairing their errors and offenses. 

The national government, in such cases, will not be affected by this pride, but will proceed with moderation 

223 
and candor to consider and decide on the means most 

proper to extricate them from the difficulties which 

threaten them. 

Besides, it is well known that acknowledgments, explanations, and compensations are often accepted as 

satisfactory from a strong united nation, which would 

be rejected as unsatisfactory if offered by a State or 

confederacy of little consideration or power. 

Extracts from Alexander Hamilton, The Federalist Papers. 

Number 24 

To the powers proposed to be conferred upon the federal 

government, in respect to the creation and direction of 

the national forces, I have met with but one specific 

objection, which, if I understand it rightly, is this-that 

proper provision has not been made against the existence of standing armies in time of peace; an objection 

which I shall now endeavor to show rests on weak and 

unsubstantial foundations. 

It has indeed been brought forward in the most vague 

and general form, supported only by bold assertions 

without the appearance of argument; without even the 

sanction of theoretical opinions; in contradiction to the 

practice of other free nations, and to the general sense of 

America, as expressed in most of the existing constitution. The propriety of this remark wilJ appear the moment it is recoJlected that the objection under 

consideration turns upon a supposed necessity of restraining the LEGISLATIVE authority of the nation in the 

article of military establishments; a principle unheard 

of, except in one or two of our State constitutions, and 

rejected in all the rest. 

A stranger to our politics, who was to read our newspapers at the present juncture without having previously 

inspected the plan reported by the convention, would be 

naturally led to one of two conclusions: either that it 

contained a positive injunction and standing armies 

should be kept up in time of peace; or that it vested in 

the EXECUTIVE the whole power of levying troops without subjecting his discretion, in any shape, to the control 

of the legislature. 

If he carne afterwards to peruse the plan itself, he 

would be surprised to discover that neither the one nor 

the other was the case; that the whole power of raising 

armies was lodged in the legislature, not in the executive; that this legislature was to be a popular body, consisting of the representatives of the people periodically 

elected; and that instead of the provision he had supposed in favor of standing armies, there was to be found 

in respect to this object an important qualification even 

224 

of the legislative discretion in that clause which forbids 

the appropriation of money for the support of an army 

for any longer period than two years-a precaution 

which upon a nearer view of it will appear to be a great 

and real security against military establishments without 

evident necessity. 

Disappointed in his first surmise, the person I have 

supposed would be apt to pursue his conjectures a little 

further. He would naturally say to himself, it is impossible that all this vehement and pathetic declamation can 

be without some colorable pretect. It must needs be that 

this people, so jealous of their liberties, have, in all the 

preceding models of the constitutions which they have 

established, inserted the most precise and rigid precautions on this point, the omission of which in the newplan has given birth to all this apprehension and clamor. 

If under this impression he proceeded to pass in review the several State constitutions, how great would be 

his disappointment to find that two only of them contained an interdiction of standing armies in time of 

peace; that the other eleven had either observed a profound silence on the subject, or had in express terms 

admitted the right of the legislature to authorize their 

existence. 

Still, however, he would be persuaded that there must 

be some plausible foundation for the cry raised on this 

head. He would never be able to imagine, while any 

source of information remained unexplored, that it was 

nothing more than an experiment upon the public credulity, dictated either by a deliberate intention to deceive, 

or by the overflowings of a zeal too intemperate to be 

ingenous. It would probably occur to him that he would 

be likely to find the precautions he was in search of in 

the primitive compact between the States. Here, at 

length, he would expect to meet with a solution of the 

enigma. No doubt he would observe to himself the existing Confederation must contain the most explicit provisions against military establishments in time of peace; 

and a departure from this model in a favorite point has 

occasioned the discontent which appears to influence 

these political champions. 

If he should now apply himself to a careful and critical survey of the articles of Confederation, his astonishment would not only be increased, but would acquire a 

mixture of indignation at the unexpected discovery that 

these articles, instead of containing the prohibition he 

looked for, and though they had with a jealous circumspection restricted the authority of the State legislatures 

in this particular, had not imposed a single restraint on 

that of the United States. If he happened to be a man of 

quick sensibility, or ardent temper, he could now no 

longer refrain from pronouncing these clamors to be the 

dishonest artifices of a sinister and unprincipled opposition to a plan which ought at least to receive a fair and 
candid examination from all sincere lovers of their country! How else, he would say, could the authors of them 

have been tempted to vent such loud censures upon that 

plan about a point in which it seems to have conformed 

itself to the general sense of America as declared in its 

different forms of government, and in which it has even 

superadded a new and powerful guard unknown to any 

of them? If, on the contrary, he happened to be a man of 

calm and dispassionate feelings, he would indulge a sigh 

for the frailty of human nature, and would lament that 

in a matter so interesting to the happiness of millions the 

true merits of the question should be perplexed and obscured by expedients so unfriendly to an impartial and 

right determination. Even such a man could hardly forbear remarking that a conduct of this kind has too much 

the appearance of an intention to mislead the people by 

alarming their passions, rather than to convince them by 

arguments addressed to their understandings. 

But however little this objection may be countenanced, even by precedents among ourselves, it may be 

satisfactory to take a nearer view of its intrinsic merits. 

From a close examination it will appear that restraints 

upon the discretion of the legislature in respect to military establishments would be improper to be imposed, 

and if imposed, from the necessities of society, would be 

unlikely to be observed. 

Though a wide ocean separates the United States 

from Europe, yet there are various considerations that 

warn us against an excess of confidence or security. On 

one side of us, and stretching far into our rear, are growing settlements subject to the dominion of Britain. On 

the other side, and extending to meet the British settlements, are colonies and establishments subject to the 

dominion of Spain. This situation and the vicinity of the 

West India Islands, belonging to these two powers, create between them, in respect to their American possessions and in relation to us, a common interest. The 

savage tribes on our Western frontier ought to be regarded as our natural enemies, their natural allies, because they have most to fear from us, and most to hope 

from them. The improvements in the art of navigation 

have, as to the facility of communication, rendered distant nations, in a great measure, neighbors. Britain and 

Spain are among the principal maritime powers of Europe. A future concert of views between these nations 

ought not to be regarded as improbable. The increasing 

remoteness of consanguinity is every day diminishing 

the force of the family compact between France and 

Spain. And politicians have ever with great reason considered the ties of blood as feeble and precarious links of 

political connection. These circumstances combined admonish us not to be too sanguine in considering ourselves as entirely out of the reach of danger. 

Previous to the Revolution, and ever since the peace, 

there has been a constant necessity for keeping small 

garrisons on our Western frontier. No person can doubt 

that these will continue to be indispensable, if it should 

only be against the ravages and depredations of the Indians. These garrisons must either be furnished by occasional detachments from the militia, or by permanent 

corps in the pay of the government. The first is impracticable; and if practicable, would be pernicious. The 

militia would not long, if at all, submit to be dragged 

from their occupations and families to perform that 

most disagreeable duty in times of profound peace. And 

if they could be prevailed upon or compelled to do it, the 

increased expense of a frequent rotation of service, and 

the loss of labor and disconcertion of the industrious 

pursuits of individuals, would form conclusive objections to the scheme. It would be as burdensome and 

injurious to the public as ruinous to private citizens. The 

latter resource of permanent corps in the pay of the 

government amounts to a standing army in time of 

peace; a small one, indeed, but not the less real for being 

small. Here is a simple view of the subject that shows us 

at once the impropriety of a constitutional interdiction 

of such establishments, and the necessity of leaving the 

matter to the discretion and prudence of the legislature. 

In proportion to our increase in strength, it is probable, nay, it may be said certain, that Britain and Spain 

would augment their military establishments in our 

neighborhood. If we should not be willing to be exposed 

in a naked and defenseless condition to their insults and 

encroachments, we should find it expedient to increase 

our frontier garrisons in some ratio to the force by which 

our Western settlements might be annoyed. There are, 

and will be, particular posts, the possession of which 

will include the command of large districts of territory, 

and facilitate future invasions of the remainder. It may 

be added that some of those posts will be keys to the 

trade with the Indian nations. Can any man think it 

would be wise to leave such posts in a situation to be at 

any instant seized by one of the other of two neighboring and formidable powers? To act this part would be to 

desert all the usual maxims of prudence and policy. 

If we mean to be a commercial people, or even to be 

secure on our Atlantic side, we must endeavor, as soon 

as possible, to have a navy. To this purpose there must be 

dockyards and arsenals; and for the defense of these, 

fortifications, and probably garrisons. When a nation 

has become so powerful by sea that it can protect its 

dockyards by its fleets, tills supersedes the necessity of 

garrisons for that purpose; but where naval establishments are in their infancy, moderate garrisons will, in all 

likelihood, be found an indispensable security against 

descents for the destruction of the arsenals and dockyards, and sometimes of the fleet itself. 

225 
Number 25 

It may perhaps be urged that the objects enumerated in 

the preceding number ought to be provided for by the 

State governments, under the direction of the Union. 

But this would be in reality an inversion of the primary 

principle of our political association, as it would in practice transfer the care of the common defense from the 

federal head to the individual members: a project oppressive to some States, dangerous to all, and baneful to 

the Confederacy. 

The territories of Britain, Spain, and of the Indian 

nations in our neighborhood do not border on particular States, but encircle the Union from Maine to Georgia. The danger, though in different degrees, is therefore 

common. And the means of guarding against it ought in 

like manner to be the objects of common councils, and 

of a common treasury. It happens that some States, 

from local situation, are more directly exposed. New 

York is of this class. Upon the plan of separate provisions, New York would have to sustain the whole weight 

of the establishments requisite to her immediate safety, 

and to the mediate or ultimate protection of her neighbors. This would neither be equitable as it respected 

New York, nor safe as it respected the other States. Various inconveniences would attend such a system. The 

States, to whose lot it might fall to support the necessary 

establishments, would be as little able as willing for a 

considerable time to come to bear the burden of competent provisions. The security of all would thus be subjected to the parsimony, improvidence, or inability of a 

part. If the resources of such part becoming more abundant and extensive, its provisions should be proportionally enlarged, the other States would quickly take the 

alarm at seeing the whole military force of the Union in 

the hands of two or three of its members, and those 

probably amongst the most powerful. They would each 

choose to have some counterpoise, and pretenses could 

easily be contrived. In this situation, military establishments, nourished by mutual jealousy, would be apt to 

swell beyond their natural or proper size; and being at 

the separate disposal of the members, they would be 

engines for the abridgment or demolition of the national 

authority. 

Reasons have been already given to induce a supposition that the State governments will too naturally be 

prone to a rivalship with that of the Union, the foundation of which will be the love of power; and that in any 

contest between the federal head and one of its members, the people will be most apt to unite with their local 

government. If, in addition to this immense advantage, 

the ambition of the members should be stimulated by 

the separate and independent possession of military 

forces, it would afford too strong a temptation and too 

226 

great facility to them to make enterprises upon, and 

finally to subvert, the constitutional authority of the 

Union. On the other hand, the liberty of the people 

would be less safe in this state of things than in that 

which left the national forces in the hands of the national government. As far as an army may be considered 

as a dangerous weapon of power, it had better be in 

those hands of which the people are most likely to be 

jealous than in those of which they are least likely to be 

jealous. For it is a truth, which the experience of all ages 

has attested, that the people are commonly most in danger when the means of injuring their rights are in the 

possession of those of whom they entertain the least 

suspicion. 

The framers of the existing Confederation, fully 

aware of the dangers to the Union from the separate 

possession of military forces by the States, have in express terms prohibited them from having either ships or 

troops, unless with the consent of Congress. The truth 

is, that the existence of a federal government and military establishments under State authority are not less at 

variance with each other than a due supply of the federal 

treasury and the system of quotas and requisitions. 

There are other lights besides those already presented 

in which the impropriety of restraints on the discretion 

of the national legislature will be equally manifest. The 

design of the objection which has been mentioned is to 

preclude standing armies in time of peace, though we 

have never been informed how far it is desired the prohibition should extend: whether to raising armies as well 

as to keeping them up in a season of tranquillity or not. 

If it be confined to the latter it will have no precise 

signification, and it will be ineffectual for the purpose 

intended. When armies are once raised what shall be 

denominated "keeping them up:• contrary to the sense 

of the Constitution? What time shall be requisite to ascertain the violation? Shall it be a week, a month, or a 

year? Or shall we say they may be continued as long as 

the danger which occasioned their being raised continues? This would be to admit that they might be kept 

up in time of peace, a~ainst threatening or impending 

danger, which would be at once to deviate from the 

literal meaning of the prohibition and to introduce an 

extensive latitude of construction. Who shall judge of 

the continuance of the danger? This must undoubtedly 

be submitted to the national government, and the matter 

would then be brought to this issue, that the national 

government to provide against apprehended danger 

might in the first instance raise troops, and might afterwards keep them on foot as long as they supposed the 

peace or safety of the community was in any degree of 

jeopardy. It is easy to perceive that a discretion so latitudinary as this would afford ample room for eluding the 

force of the provision. 
The supposed utility of a provision of this kind must 

be founded upon a supposed probability, or at least possibility, of a combination between the executive and legislative in some scheme of usurpation. Should this at 

any time happen, how easy would it be to fabricate pretenses of approaching danger? Indian hostilities, instigated by Spain or Britain, would always be at hand. 

Provocations to produce the desired appearances might 

even be given to some foreign power, and appeased again 

by timely concessions. If we can reasonably presume 

such a combination to have been formed, and that the 

enterprise is warranted by a sufficient prospect of success, the army, when once raised from whatever cause, 

or on whatever pretext, may be applied to the execution 

of the project. 

If, to obviate this consequence, it should be resolved 

to extend the prohibition to the raising of armies in time 

of peace, the United States would then exhibit the most 

extraordinary spectacle which the world has yet seenthat of a nation incapacitated by its Constitution to prepare for the defense before it was actually invaded. As 

the ceremony of a formal denunciation of war has of 

late fallen into disuse, the presence of an enemy within 

our territories must be waited for as the legal warrant to 

the government to begin its levies of men for the protection of the State. We must receive the blow before we 

could even prepare to return it. All that kind of policy by 

which nations anticipate distant danger and meet the 

gathering storm must be abstained from, as contrary to 

the genuine maxims of a free government. We must expose our property and liberty to the mercy of foreign 

invaders and invite them, by our weakness, to seize the 

naked and defenseless prey, because we are afraid that 

rulers, created by our choice, dependent on our will, 

might endanger that liberty, by an abuse of the means 

necessary to its preservation. 

Here, I expect we shall be told that the militia of the 

country is its natural bulwark, and would be at all times 

equal to the national defense. This doctrine, in substance, had like to have lost us our independence. It cost 

millions to the United States that might have been saved. 

The facts which from our own experience forbid a reliance of this kind are too recent to permit us to be the 

dupes of such a suggestion. The steady operations of 

war against a regular and disciplined army can only be 

successfully conducted by a force of the same kind. 

Considerations of economy, not less than of stability 

and vigor, confirm this position. The American militia, 

in the course of the late war, have, by their valor on 

numerous occasions, erected eternal monuments to their 

fame; but the bravest of them feel and know that the 

liberty of their country could not have been established 

by their efforts alone, however great and valuable they 

were. War, like most other things, is a science to be 

acquired and perfected by diligence, by perseverance, by 

time, and by practice. 

All violent policy, contrary to the natural and experienced course of human affairs, defeats itself. Pennsylvania at this instant affords an example of the truth of this 

remark. The Bill of Rights of that State declares that 

standing armies are dangerous to liberty, and ought not 

to be kept up in time of peace. Pennsylvania, nevertheless, in a time of profound peace from the existence of 

partial disorders in one or two of her counties, has resolved to raise a body of troops; and in all probability 

will keep them up as long as there is an appearance of 

danger to the public peace. The conduct of Massachusetts affords a lesson on the same subject, though on 

different ground. That State (without waiting for the 

sanction of Congress, as the articles of the Confederation require) was compelled to raise troops to quell a 

domestic insurrection, and still keeps a corps in pay to 

prevent a revival of the spirit of revolt. The particular 

constitution of Massachusetts opposed no obstacle to 

the measure; but the instance is still of use to instruct us 

that cases are likely to occur under our government, as 

well as under those of other nations, which will sometimes render a military force in time of peace essential to 

the security of the society, and that it is therefore improper in this respect to control the legislative discretion. 

It also teaches us, in its application to the United States, 

how little the rights of a feeble government are likely to 

be respected, even by its own constituents. And it 

teaches us, in addition to the rest, how unequal parchment provisions are to a struggle with public necessity. 

It was a fundamental maxim of the Lacedemonian 

commonwealth that the post of admiral should not be 

conferred twice on the same person. The Peloponnesian 

confederates, having suffered a severe defeat at sea from 

the Athenians, demanded Lysander, who had before 

served with success in that capacity, to command the 

combined fleets. The Lacedemonians, to gratify their 

allies and yet preserve the semblance of an adherence to 

their ancient institutions, had recourse to the flimsy subterfuge of investing Lysander with the real power of 

admiral under the nominal title of vice-admiraL This 

instance is selected from among a multitude that might 

be cited to confirm the truth already advanced and illustrated by domestic examples; which is, that nations pay 

little r.egard to rules and maxims calculated in their very 

nature to run counter to the necessities of society. Wise 

politicians will be cautious about fettering the government with restrictions that cannot be observed, because 

they know that every breach of the fundamental laws, 

though dictated by necessity, impairs that sacred reverence which ought to be maintained in the breast of rulers 

towards the constitution of a country, and forms a precedent for other breaches where the same plea of neces227 
sity does not exist at all, or is less urgent and palpable. 

Number 26 

It was a thing hardly to be expected that in a popular 

revolution the minds of men should stop at that happy 

mean which marks the salutary boundary between 

POWER and PRIVILEGE, and combines the energy of 

government with the security of private rights. A failure 

in this delicate and important point is the great source of 

the inconveniences we experience, and if we are not cautious to avoid a repetition of the error in o ur future 

attempts to rectify and ameliorate our system we may 

travel from one chimerical project to another; we may 

try change after change; but we shall never be likely to 

make any material change for the better. 

The idea of restraining the legislative authority in the 

means of providing for the national defense is one of 

those refinements which owe their origin to a zeal for 

liberty more ardent than enlightened. We have seen, 

however, that it has not had thus far an extensive prevalency; that even in this country, where it made its first 

appearance, Pennsylvania and North Carolina are the 

only two States by which it has been in any degree patronized; and that all the others have refused to give it 

the least countenance; wisely judging that confidence 

must be placed somewhere; that the necessity of doing it 

is implied in the very act of delegating power; and that it 

is better to hazard the abuse of that confidence than to 

embarrass the government and endanger the public 

safety by impolitic restrictions on the legislative authority. The opponents of the proposed Constitution combat, in this respect, the general decision of America; and 

instead of being taught by experience the propriety of 

correcting any extremes into which we may have heretofore run, they appear disposed to conduct us into others 

still more dangerous and more extravagant. As if the 

tone of government had been found too high, or too 

rigid, the doctrines they teach are calculated to induce us 

to depress or to relax it by expedients which, upon other 

occasions, have been condemned or forborne. It may be 

affirmed without the imputation of invective that if the 

principles they inculcate on various points could so far 

obtain as to become the popular creed, they would utterly unfit the people of this country for any species of 

government whatever. But a danger of this kind is not to 

be apprehended. The citizens of America have too much 

discernment to be argued into anarchy. And I am much 

mistaken if experience has not wrought a deep and solemn conviction in the public mind that greater energy of 

government is essential to the welfare and prosperity of 

the community. 

It may not be amiss in this place concisely to remark 

the origin and progress of the idea, which aims at the 

228 

exclusion of military establishments in time of peace. 

Though in speculative minds it may arise from a contemplation of the nature and tendency of such institutions, fortified by the events that have happened in other 

ages and countries, yet as a national sentiment it must 

be traced to those habits of thinking which we derive 

from the nation from whom the inhabitants of these 

States have in general sprung. 

In England, for a long time after the Norman Conquest, the authority of the monarch was almost unlimited. Inroads were gradually made upon the prerogative 

in favor of liberty, first by the barons and afterwards by 

the people, till the greatest part of its most formidable 

pretensions became extinct. But it was not till the revolution in 1688, which elevated the Prince of Orange to the 

throne of Great Britain, that English liberty was completely triumphant. As incident to the undefined power 

of making war an acknowledged prerogative of the 

crown, Charles II had, by his own authority, kept on 

foot in time of peace a body of 5,000 regular troops. 

And this number James II increased to 30,000, which 

were paid out of his civil list. At the revolution, to abolish the exercise of so dangerous an authority, it became 

an article of the Bill of Rights then framed that "the 

raising or keeping a standing army within the kingdom 

in time of peace, unless with the consent of Parliament, 

was against law. " 

In that kingdom, when the pulse of liberty was at its 

highest pitch, no security against the danger of standing 

armies was thought requisite, beyond a prohibition of 

their being raised or kept up by the mere authority of the 

executive magistrate. The patriots who effected that 

memorable revolution were too temperate, too well-informed, to think of any restraint on the legislative discretion. They were aware that a certain number of troops 

for guards and garrisons were indispendable; that no 

precise bounds could be set to the national exigencies; 

that a power equal to every possible contingency must 

exist somewhere in the government: and that when they 

referred the exercise of that power to the judgment of 

the legislature, they had arrived at the ultimate point of 

precaution which was reconcilable with the safety of the 

community. 

From the same source, the people of America may be 

said to have derived an hereditary impression of danger 

to liberty from standing armies in time of peace. The 

circumstances of a revolution quickened the public sensibility on every point connected with the security of 

popular rights, and in some instances raised the warmth 

of our zeal beyond the degree which consisted with the 

due temperature of the body politic. The attempts of 

two of the States to restrict the authority of the legislature in the article of military establishments are of the 

number of these instances. The principles which had 
taught us to be jealous of the power of an hereditary 

monarch were by an injudicious excess extended to the 

representatives of the people in their popular assemblies. 

Even in some of the States, where this error was not 

adopted, we find unnecessary declarations that standing 

armies ought not to be kept up in time of peace WITHOUT THE CONSENT OF THE LEGISLATURE. I call them unnecessary, because the reason which had introduced a 

similar provision into the English Bill of Rights is not 

applicable to any of the State constitutions. The power 

of raising armies at all under those constitutions can by 

no construction be deemed to reside anywhere else than 

in the legislatures themselves; and it was superfluous, if 

not absurd, to declare that a matter should not be done 

without the consent of a body, which alone had the 

power of doing it. Accordingly, in some of those constitutions, and among others, in that of the State of New 

York, which has been justly celebrated both in Europe 

and America as one of the best of the forms of government established in this country, there is a total silence 

upon the subject. 

It is remarkable that even in the two States which 

seem to have meditated an interdiction of military establishments in time of peace, the mode of expression made 

use of is rather monitory than prohibitory. It is not said 

that standing armies shall not be kept up, but that they 

ought not to be kept up, in time of peace. This ambiguity of terms appears to have been the result of a conflict 

between jealousy and conviction; between the desire of 

excluding such establishments at all events and the persuasion that an absolute exclusions would be unwise and 

unsafe. 

Can it be doubted that such a provision, whenever the 

situation of public affairs was understood to require a 

departure from it, would be interpreted by the legislature 

into a mere admonition, and would be made to yield to 

the necessities or supposed necessities of the State? Let 

the fact already mentioned with respect to Pennsylvania 

decide. What then (it may be asked) is the use of such a 

provision, if it cease to operate the moment there is an 

inclination to disregard it? 

Let us examine whether there be any comparison in 

point of efficacy between the provision alluded to and 

that which is contained in the new Constitution for restraining the appropriations of money for military purposes to the period of two years. The former, by aiming 

at too much, is calculated to effect nothing; the latter, by 

steering clear of an imprudent extreme, and by being 

perfectly compatible with a proper provision for the exigencies of the nation, will have a salutary and powerful 

operation. 

The legislature of the United States will be obliged by 

this provision, once at least in every two years, to deliberate upon the propriety of keeping a military force on 

foot; to come to a new resolution on the point; and to 

declare their sense of the matter by a formal vote in the 

face of their constituents. They are not at liberty to vest 

in the executive department permanent funds for the 

support of an army, if they were even incautious enough 

to be willing to repose in it so improper a confidence. As 

the spirit of party in different degrees must be expected 

to infect all political bodies, there will be, no doubt, 

persons in the national legislature willing enough to arraign the measures and criminate the views of the majority. The provision for the support of a military force will 

always be a favorable topic for declamation. As often as 

the question comes forward, the public attention will be 

roused and attracted to the subject by the party in opposition; and if the majority should be really disposed to 

exceed the proper limits, the community will be warned 

of the danger, and will have an opportunity of taking 

measures to guard against it. Independent of parties in 

the national legislature itself, as often as the period of 

discussion arrived, the State legislatures, who will always be not only vigilant but suspicious and jealous 

guardians of the rights of the citizens against encroachments from the federal government, will constantly have 

their attention awake to the conduct of the national 

rulers, and will be ready enough, if anything improper 

appears, to sound the alarm to the people, and not only 

to be the VOICE, but, if necessary, the ARM of their discontent. 

Schemes to subvert the liberties of a great community 

require time to mature them for execution. An army, so 

large as seriously to menace those liberties, could only 

be formed by progressive augmentations; which would 

suppose not merely a temporary combination between 

the legislature and executive, but a continued conspiracy 

for a series of time. Is it probable that such a combination would exist at all? Is it probable that it would be 

persevered in, and transmitted along through all the successive variations in a representative body, which biennial elections would naturally produce in both houses? 

Is it presumable that every man the instant he took his 

seat in the national Senate or House of Representatives 

would commence a traitor to his constituents and to his 

country? Can it be supposed that there would not be 

found one man discerning enough to detect so atrocious 

a conspiracy, or bold or honest enough to apprise his 

constituents of their danger? If such presumptions can 

fairly be made, there ought to be at once an end of all 

delegated authority. The people should resolve to recall 

all the powers they have heretofore parted with out of 

their own hands, and to divide themselves into as many 

States as there are counties in order that they may be 

able to manage their own concerns in person. 

If such suppositions could even be reasonably made, 

still the concealment of the design for any duration 

229 
would be impracticable. It would be announced by the 

very circumstance of augmenting the army to so great an 

extent in time of profound peace. What colorable reason 

could be assigned in a country so situated for such vast 

augmentations of the military force? It is impossible 

that the people could be long deceived; and the destruction of the project and of the projectors would quickly 

follow the discovery. 

It has been said that the provision which limits the 

appropriation of money for the support of an army to 

the period of two years would be unavailing, because the 

executive, when once possessed of a force large enough 

to awe the people into submission, would find resources 

in that very force sufficient to enable him to dispense 

with supplies from the acts of the legislature. But the 

question again recurs, upon what pretense could he be 

put in possession of a force of that magnitude in time of 

peace? If we suppose it to have been created in consequence of some domestic insurrection or foreign war, 

then it becomes a case not within the principle of the 

objection; for this is leveled against the power of keeping up troops in time of peace. Few persons will be so 

visionary as seriously to contend that military forces 

ought not to be raised to quell a rebellion or resist an 

invasion; and if the defense of the community under 

such circumstances should make it necessary to have any 

army so numerous as to hazard its liberty, this is one of 

those calamities for which there is neither preventative 

nor cure. It cannot be provided against by any possible 

form of government; it might even result from a simple 

league offensive and defensive, if it should ever be necessary for the confederates or allies to form an army for 

common defense. 

But it is an evil infinitely less likely to attend us in a 

united than in a disunited state; nay, it may be safely 

asserted that it is an evil altogether unlikely to attend us 

in the former situation. It is not easy to conceive a possibility that dangers so formidable can assail the whole 

Union as to demand a force considerable enough to 

place our liberties in the least jeopardy, especially if we 

take into our view the aid to be derived from the militia, 

which ought' to be always counted upon as a valuable 

and powerful auxiliary. But in a state of disunion (as has 

been fully shown in another place), the contrary of this 

supposition would become not only probable, but almost unavoidable. 

Number 28 

That there may happen cases in which the national government may be necessitated to resort to force cannot be 

denied. Our own experience has corroborated the lessons taught by the examples of other nations; that emergencies of this sort will sometimes exist in all societies, 

230 

however constituted; that seditions and insurrections 

are, unhappily, maladies as inseparable from the body 

politic as tumors and eruptions from the natural body; 

that the idea of governing at all times by the simple force 

of law (which we have been told is the only admissible 

principle of republican government) has no place but in 

the reveries of those political doctors whose sagacity 

disdains the admonitions of experimental instruction. 

Should such emergencies at any time happen under 

the national government, there could be no remedy but 

force. The means to be employed must be proportioned 

to the extent of the mischief. If it should be a slight 

commotion in a small part of a State, the militia of the 

residue would be adequate to its suppression; and the 

natural presumption is that they would be ready to do 

their duty. An insurrection, whatever may be its immediate cause, eventually endangers all government. Regard 

to the public peace, if not to the rights of the Union, 

would engage the citizens to whom the contagion had 

not communicated itself to oppose the insurgents; and if 

the general government should be found in practice conducive to the prosperity and felicity of the people, it 

were irrational to believe that they would be disinclined 

to its support. 

If, on the contrary, the insurrection should pervade a 

whole State, or a principal part of it, the employment of 

a different kind of force might become unavoidable. It 

appears that Massachusetts found it necessary to raise 

troops for suppressing the disorders within that State; 

that Pennsylvania, from the mere apprehension of commotions among a part of her citizens, has thought 

proper to have recourse to the same measure .... 

If the representatives of the people betray their constituents, there is then no resource left but in the exertion 

of that original right of self-defense which is paramount 

to all positive forms of government, and which against 

the usurpations of the national rulers may be exerted 

with infinitely better prospect of success than against 

those of the rulers of an individual State. In a single 

State, if the persons intrusted with supreme power become usurpers, the different parcels, subdivisions, or 

districts of which it consists, having no distinct government in each, can take no regular measures for defense. 

The citizens must rush tumultuously to arms, without 

concert, without system, without resource; except in 

their courage and despair. The usurpers, clothed with 

the forms of legal authority, can too often crush the 

opposition in embryo. The smaller the extent of the territory, the more difficult will it be for the people to form 

a regular or systematic plan of opposition, and the more 

easy will it be to defeat their early efforts. Intelligence 

can be more speedily obtained of their preparations and 

movements, and the military force in the possessions of 

the usurpers can be more rapidly directed against the 
part where the opposition has begun. In this situation 

there must be a peculiar coincidence of circumstances to 

insure success to the popular resistance. 

The obstacles to usurpation and the facilities of resistance increase with the increased extent of the state, provided the citizens understand their rights and are 

disposed to defend them. The natural strength of the 

people in a large community, in proportion to the artificial strength of the government, is greater than in a 

small, and of course more competent to a struggle with 

the attempts of the government to establish a tyranny. 

But in a confederacy the people, without exaggeration, 

may be said to be entirely the masters of their own fate. 

Power being almost always the rival of power, the general government will at all times stand ready to check the 

usurpations of the state governments, and these will 

have the same disposition towards the general government. The people, by throwing themselves into either 

scale, will infallibly make it preponderate. If their rights 

are invaded by either, they can make use of the other as 

the instrument of redress. How wise will it be in them by 

cherishing the union to preserve to themselves an advantage which can never be too highly prized! 

It may safely be received as an axiom in our political 

system that the State governments will, in all possible 

contingencies, afford complete security against invasions of the public liberty by the national authority. 

Projects of usurpation cannot be masked under pretenses so likely to escape the penetration of select bodies 

of men, as of the people at large. The legislatures will 

have better means of information. They can discover the 

danger at a distance; and possessing all the organs of 

civil power and the confidence of the people, they can at 

once adopt a regular plan of opposition, in which they 

can combine all the resources of the community. They 

can readily communicate with each other in the different 

States, and unite their common forces for the protection 

of their common liberty. 

The great extent of the country is a further security. 

We have already experienced its utility against the attacks of a foreign power. And it would have precisely the 

same effect against the enterprises of ambitious rulers in 

the national councils. If the federal army should be able 

to quell the resistance of one State, the distant States 

would be able to make head with fresh forces. The advantages obtained in one place must be abandoned to 

subdue the opposition in others; and the moment the 

part which had been reduced to submission was left to 

itself, its efforts would be renewed, and its resistance 

revive. 

We should recollect that the extent of the military 

force must, at all events, be regulated by the resources of 

the country. For a long time to come it will not be possible to maintain a large army; and as the means of doing 

this increase, the population and natural strength of the 

community will proportionably increase. When will the 

time arrive that the federal government can raise and 

maintain an army capable of erecting a despotism over 

the great body of the people of an immense empire, who 

are in a situation, through the medium of their State 

governments, to take measures for their own defense, 

with all the celerity, regularity, and system of independent nations? The apprehension may be considered as a 

disease, for which there can be found no cure in the 

resources of argument and reasoning. 

Number 29 

The power of regulating the militia and of commanding 

its services in times of insurrection and invasion are natural incidents to the duties of superintending the common defense, and of watching over the internal peace of 

the Confederacy. 

It requires no skill in the science of war to discern that 

uniformity in the organization and discipline of the militia would be attended with the most beneficial effects, 

whenever they were called into service for the public 

defense. It would enable them to discharge the duties of 

the camp and of the field with mutual intelligence and 

concert- an advantage of peculiar moment in the operations of an army; and it would fit them much sooner to 

acquire the degree of proficiency in military functions 

which would be essential to their usefulness. This desirable uniformity can only be accomplished by confiding 

the regulation of the militia to the direction of the national authority. It is, therefore, with the most evident 

propriety that the plan of the convention proposes to 

empower the Union "to provide for organizing, arming, 

and disciplining the militia, and for governing such part 

of them as may be employed in the service of the United 

States, reserving to the States respectively the appointment of the officers, and the authority of training the 

militia according to the discipline prescribed by Congress.,, 

Of the different grounds which have been taken in 

opposition to this plan there is none that was so little to 

have been expected, or is so untenable in itself, as the 

one from which this particular provision has been attacked. If a well-regulated militia be the most natural 

defense of a free country, it ought certainly to be under 

the regulation and at the disposal of that body which is 

constituted the guardian of the national security. If 

standing armies are dangerous to liberty, an efficacious 

power over the militia in the same body ought, as far as 

possible, to take away the inducement and the pretext to 

such unfriendly institutions. If the federal government 

can command the aid of the militia in those emergencies 

which call for the military arm in support of the civil 

231 
magistrate it can the better dispense with the employment of a different kind of force. If it cannot avail itself 

of the former, it will be obliged to recur to the latter. To 

render an army unnecessary will be a more certain 

method of preventing its existence than a thousand prohibitions upon paper. 

In order to cast an odium upon the power of calling 

forth the militia to execute the laws of the Union, it has 

been remarked that there is nowhere any provision in the 

proposed Constitution for requiring the aid of the POSSE 

COMITATUS to assist the magistrate in the execution of 

his duty; whence it has been inferred that military force 

was intended to be his only auxiliary. There is a striking 

incoherence in the objections which have appeared, and 

sometimes even from the same quarter, not much calculated to inspire a very favorable opinion of the sincerity 

or fair dealing of their authors. The same persons who 

tell us in one breath that the powers of the federal government will be despotic and unlimited inform us in the 

next that it has not authority sufficient even to call out 

the POSSE COMITATUS. The latter, fortunately, is as much 

short of the truth as the former exceeds it. It would be 

absurd to doubt that a right to pass all laws necessary 

and proper to execute its declared powers would include 

that of requiring the assistance of the citizens to the 

officers who may be intrusted with the execution of 

those laws as it would be to believe that a right to enact 

laws necessary and proper for the imposition and collection of taxes would involve that of varying the rules of 

descent and of the alienation of landed property, or of 

abolishing the trial by jury in cases relating to it. It being 

therefore evident that the supposition of a want of 

power to require the aid of the POSSE COMITATUS is entirely destitute of color, it will follow that the conclusion 

which has been drawn from it, in its application to the 

authority of the federal government over the militia, is 

as uncandid as it is illogical. What reason could there be 

to infer that force was intended to be the sole instrument 

of authority, merely because there is a power to make 

use of it when necessary? What shall we think of the 

motives which could induce men of sense to reason in 

this extraordinary manner? How shall we prevent a conflict between charity and conviction? 

By a curious refinement upon the spirit of republican 

jealousy, we are even taught to apprehend danger from 

the militia itself in the hands of the federal government. 

It is observed that select corps may be formed, composed of the young and the ardent, who may be rendered 

subservient to the views of arbitrary power. What plan 

for the regulation of the militia may be pursued by the 

national government is impossible to be foreseen. But so 

far from viewing the matter in the same light with those 

who object to select corps as dangerous, were the Constitution ratified and were I to deliver my sentiments to a 

232 

member of the federal legislature on the subject of a 

militia establishment, I should hold to him, in the substance, the following discourse: 

"The project of disciplining all the militia of the 

United States is as futile as it would be injurious if it 

were capable of being carried into execution. A tolerable 

expertness in military movements is a business that requires time and practice. It is not a day, nor a week nor 

even a month, that will suffice for the attainment of it. 

To oblige the great body of the yeomanry and of the 

other classes of the citizens to be under arms for the 

purpose of going through military exercises and evolutions, as often as might be necessary to acquire the degree of perfection which would entitle them to the 

character of a well regulated militia, would be a real 

grievance to the people and a serious public inconvenience and loss. It would form an annual deduction from 

the productive labor of the country to an amount which, 

calculating upon the present numbers of the people, 

would not fall far short of a million pounds. To attempt 

a thing which would abridge the mass of labor and industry to so considerable an extent would be unwise: 

and the experiment, if made, could not succeed, because 

it would not long be endured. Little more can reasonably be aimed at with respect to the people at large than 

to have them properly armed and equipped; and in order 

to see that this be not neglected, it will be necessary to 

assemble them once or twice in the course of a year. 

"But though the scheme of disciplining the whole 

nation must be abandoned as mischievous or impracticable; yet it is a matter of the utmost importance that a 

well digested plan should, as soon as possible, be 

adopted for the proper establishment of the militia. The 

attention of the government ought particularly to be 

directed to the formation of a select corps of moderate 

size, upon such principles as will really fit it for service 

in case of need. By thus circumscribing the plan, it will 

be possible to have an excellent body of well-trained 

militia ready to take the field whenever the defense of 

the State shall require it. This will not only lessen the call 

for military establishments, but if circumstances should 

at any time oblige the government to form an army of 

any magnitude that army can never be formidable to the 

liberties of the people while there is a large body of 

citizens, little if at all inferior to them in discipline and 

the use of arms, who stand ready to defend their own 

rights and those of their fellow-citizens. This appears to 

me the only substitute that can be devised for a standing 

army, and the best possible security against it, if it 

should exist." 

Thus differently from the adversaries of the proposed 

Constitution should I reason on the same subject, deducing arguments of safety from the very sources which 

they represent as fraught with danger and perdition. But 
how the national legislature may reason on the point is a 

thing which neither they nor I can foresee. 

There is something so far-fetched and so extravagant 

in the idea of danger to liberty from the militia that one 

is at a loss whether to treat it with gravity or with raillery; whether to consider it as a mere trial of skill, like 

the paradoxes of rhetoricians; as a disingenuous artifice 

to instil prejudices at any price; or as the serious offspring of political fanaticism. Where in the name of 

common sense are our fears to end if we may not trust 

our sons, our brothers, our neighbors, our fellow-citizens? What shadow of danger can there be from men 

who are daily mingling with the rest of their countrymen 

and who participate with them in the same feelings, 

sentiments, habits, and interests? What reasonable 

cause of apprehension can be inferred from a power in 

the Union to prescribe regulations for the militia and to 

command its services when necessary, while the particular States are to have the sole and exclusive appointment 

of the officers? If it were possible seriously to indulge a 

jealousy of the militia upon any conceivable establishment under the federal government, the circumstance of 

the officers being in the appointment of the States ought 

at once to extinguish it. There can be no doubt that this 

circumstance will always secure to them a preponderating influence over the militia. 

In reading many of the publications against the Constitution, a man is apt to imagine that he is perusing 

some ill-written tale or romance, which, instead of natural and agreeable images, exhibits to the mind nothing 

but frightful and distorted shapes-

"Gorgons, Hydras, and Chimeras dire;" 

discoloring and disfiguring whatever it represents, and 

transforming everything it touches into a monster. 

A sample of this is to be observed in the exaggerated 

and improbable suggestions which have taken place respecting the power of calling for the services of the militia. That of New Hampshire is to be marched to 

Georgia, of Georgia to New Hampshire, of New York to 

Kentucky, and of Kentucky to Lake Champlain. Nay, the 

debts due to the French and Dutch are to be paid in 

militiamen instead of Louis d'ors and ducats. At one 

moment there is to be a large army to lay prostrate the 

liberties of the people; at another moment the militia of 

Virginia are to be dragged from their homes five or six 

hundred miles to tame the republican contumacy of 

Massachusetts; and that of Massachusetts is to be transported an equal distance to subdue the refractory 

haughtiness of the aristocratic Virginians. Do the persons who rave at this rate imagine that their art or their 

eloquence can impose any conceits or absurdities upon 

the people of America for infallible truths? 

If there should be an army to be made use of as the 

engine of despotism, what need of the militia? If there 

should be no army, whither would the militia, irritated 

at being required to undertake a distant and distressing 

expedition for the purpose of riveting the chains of slavery upon a part of their countrymen, direct their course, 

but to the seat of the tyrants, who had meditated so 

foolish as well as so wicked a project to crush them in 

their imagined intrenchments of power, and to make 

them an example of the just vengeance of an abused and 

incensed people? Is this the way in which usurpers stride 

to dominion over a numerous and enlightened nation? 

Do they begin by exciting the detestation of the very 

instruments of their intended usurpations? Do they usually commence their career by wanton and disgustful 

acts of power, calculated to answer no end, but to draw 

upon themselves universal hatred and execration? Are 

suppositions of this sort the sober admonitions of discerning patriots to a discerning people? Or are they the 

inflamatory ravings of chagrined incendiaries or distempered enthusiasts? If we were even to suppose the national rulers actuated by the most ungovernable 

ambition, it is impossible to believe that they would employ such preposterous means to accomplish their designs. 

In times of insurrection, or invasion, it would be natural and proper that the militia of a neighboring State 

should be marched into another, to resist a common 

enemy, or to guard the republic against the violence of 

faction or sedition. This was frequently the case in respect to the first object in the course of the late war; and 

this mutual succor is, indeed, a principal end of our 

political association. If the power of affording it be 

placed under the direction of the Union, there will be no 

danger of a supine and listless inattention to the dangers 

of a neighbor till its near approach had superadded the 

incitements of self-preservation to the too feeble impulses of duty and sympathy. 

The Early Republic 

An Act to establish an Executive Department to be denominated the Department of War, 7 August 1789. 

That there shall be an Executive Department to be 

denominated the Department of War; and that there 

shall be a principal officer therein, to be called the Secretary for the Department of War, who shall perform 

and execute such duties as shall, from time to time, be 

233 
enjoined on, or entrusted to him, by the President of the 

United States, agreeable to the constitution, relative to 

military commissions, or to the land or naval forces, 

ships or warlike stores, of the United States, or to such 

other matters respecting military or naval affairs, as the 

President of the United States shall assign to the said 

department, or relative to the granting of lands to persons entitled thereto, for military services rendered to 

the United States, or relative to Indian affairs: and furthermore, that the said principal officer shall conduct 

the business of the said department in such manner as 

the President of the United States shall, from time to 

time, order or instruct. 

SEC. 2. That there shall be in the said department, an 

inferior officer, to be appointed by the said principal 

officer, to be employed therein as he shall deem proper, 

and to be called the chief clerk in the department of war, 

and who, whenever the said principal officer shall be 

removed from office by the President of the United 

States, or in any other case of vacancy, shall, during 

such vacancy, have the charge and custody of all records, 

books and papers, appertaining to the said department. 

SEC. 3. That the said principal officer, and every other 

person to be appointed or employed in the said department, shall, before he enters on the execution of his 

office, or employment, take an oath or affirmation well 

and faithfully to execute the trust committed to him. 

SEC. 4. That the Secretary for the department of war, 

to be appointed in consequence of this act, shall, forthwith after his appointment, be entitled to have the custody and charge of all records, books and papers, in the 

office of secretary for the department of war, heretofore 

established by the United States in Congress assembled. 

[Approved, August 7, 1789.] 

An Act to recognize and adapt to the constitution of the 

United States, the establishment of the troops raised 

under the resolves of the United States in Congress assembled and for other purposes, 29 September 1789. 

That the establishment contained in the resolve of the 

late Congress, of the 3d of October, 1787, except as to 

the mode of appointing the officers, and also as is hereinafter provided, be, and the same is hereby recognized 

to be the establishment for the troops in the service of 

the United States. 

SEC. 2. That the pay and allowances of the said 

troops, be the same as have been established by the 

United States in Congress assembled, by their resolution 

of the 12th of April, 1785. 

SEC. 3. That all commissioned and non-commissioned officers, and privates, who are, or shall be, in the 

service of the United States, shall take the following 

234 

oaths or affirmations, to wit: "1, A. B., do solemnly 

swear or affirm (as the case may be) that I will support 

the constitution of the United States." "l, A. B., do 

solemnly swear or affirm (as the case may be) to bear 

true allegiance to the United States of America, and to 

serve them honestly and faithfully, against all their enemies or opposers whatsoever, and to observe and obey 

the orders of the President of the United States of America, and the orders of the officers appointed over me." 

SEC. 4. That the said troops shall be governed by the 

rules and articles of war, which have been established by 

the United States in Congress assembled, or by such 

rules and articles of war as may hereafter by law be 

established. 

SEC. 5. That, for the purpose of protecting the inhabitants of the frontiers of the United States from the hostile incursions of the Indians, the President is hereby 

authorized to call into service, from time to time, such 

part of the militia of the states, respectively, as he may 

judge necessary for the purpose aforesaid; and that their 

pay and subsistence, while in service, be the same as the 

pay and subsistence of the troops above mentioned. 

SEC. 6. That this act shall continue, and be in force, 

until the end of the next session of Congress, and no 

longer. 

Henry Knox, Plan for the General Arrangement of the 

Militia of the United States, 18 January 1790. 

The Introduction 

That a well-constituted republic is more favorable to 

the liberties of society, and that its principles give an 

higher elevation to the human mind than any other form 

of government, has generally been acknowledged by the 

unprejudiced and enlightened part of mankind. 

But it is at the same time acknowledged that unless a 

republic prepares itself by proper arrangements to meet 

those exigencies to which all states are in a degree liable, 

that its peace and existence are more precarious than the 

forms of government in which the will of one directs the 

conduct of the whole, for the defense of the nation. 

A government whose measures must be the result of 

multiplied deliberations, is seldom in a situation to produce instantly those exertions which the occasion may 

demand; therefore it ought to possess such energetic establishments as should enable it, by the vigor of its own 

citizens, to control events as they arise, instead of being 

convulsed or subverted by them. 

It is the misfortune of modern ages, that governments 

have been formed by chance and events, instead of system-that without fixed principles, they are braced or 

relaxed, from time to time, according to the predominat-
ing power of the rulers or the ruled- the rulers possessing separate interests from the people, excepting in some 

of the high-toned monarchies, in which all opposition to 

the will of the princes seems annihilated. 

Hence we look round Europe in vain for an extensive 

government, rising on the power inherent in the people, 

and performing its operations entirely for their benefit. 

But we find artificial force governing every where, and 

the people generally made subservient to the elevation 

and caprice of the few. Almost every nation appearing to 

be busily employed in conducting some external war; 

grappling with internal commotion; or endeavoring to 

extricate itself from impending debts which threaten to 

overwhelm it with ruin. Princes and ministers seem neither to have leisure nor inclination to bring forward institutions for diffusing general strength, knowledge and 

happiness; But they seem to understand well the Machivalian maxim of politics-divide and govern. 

May the United States avoid the errors and crimes of 

other governments; and possess the wisdom to embrace 

the present invaluable opportunity of establishing such 

institutions as shall invigorate, exalt and perpetuate the 

great principles of freedom. An opportunity pregnant 

with the fate of millions- but rapidly borne on the 

wings of time, any may never again return. 

The public mind, unbaffled by superstition or prejudice, seems happily prepared to receive the impressions 

of wisdom. The latent springs of human action, ascertained by the standard of experience, may be regulated 

and made subservient to the noble purpose of forming a 

dignified national character. 

The causes by which nations have ascended and declined, through the various ages of the world, may be 

calmly and accurately determined; and the United States 

may be placed in the singularly fortunate condition of 

commencing their career of empire, with the accumulated knowledge of all the known societies and governments of the globe. 

The strength of the government, like the strength of 

any other vast and complicated machine, will depend on 

a due adjustment of its several parts. Its agriculture-its 

commerce-its Jaws-its finance-its system of defense, 

and its manners and habits, all require consideration, 

and the highest exercise of political wisdom. 

It is the intention of the present attempt to suggest the 

most efficient system of defence which may be compatible with the interests of a free people. A system which 

shall not only produce the expected effect, but which in 

its operations shall also produce those habits and manners which will impart strength and durability to the 

whole government. 

The modern practice of Europe, with respect to the 

employment of standing armies, has created such a mass 

of opinion in their favor, that even philosophers, and the 

advocates for liberty, have frequently confessed their 

use, and necessity, in certain cases. 

But whoever seriously and candidly estimates the 

power of discipline, and the tendency of military habits, 

will be constrained to confess, that whatever may be the 

efficacy of a standing army in war, it cannot in peace be 

considered as friendly to the rights of human nature. 

The recent instance in France cannot with propriety be 

brought to overturn the general principle, built upon the 

uniform experience of mankind. It may be found, on 

examining the causes that appear to have influenced the 

military of France, that while the springs of power were 

wound up in the nation to the highest pitch, that the 

discipline of the army was proportionably relaxed. But 

any argument on this head, may be considered as unnecessary to the enlightened citizens of the United States. 

A small corps of well- disciplined and well-informed 

artillerists and engineers, and a legion for the protection 

of the frontiers, and the magazines and arsenals, are all 

the military establishment which may be required for the 

present use of the United States. The privates of the 

corps to be enlisted for a certain period, and after the 

expiration of which to return to the mass of the citizens. 

An energetic National Militia is to be regarded as the 

CAPITAL SECURITY of a free republic; and not a standing 

army, forming a distinct class in the community. 

It is the introduction and diffusion of vice and corruption of manners into the mass of the people, that 

renders a standing army necessary. It is when public 

spirit is despised, and avarice, indolence and effeminacy 

of manners predominate, and prevent the establishment 

of institutions which would elevate the minds of the 

youth in the paths of virtue and honor, that a standing 

army is formed and rivetted forever. 

While the human character remains unchanged, and 

societies and governments of considerable extent are 

formed; a principle ever ready to execute the laws and 

defend the state, must constantly exist. Without this vital principle, the government would be invaded or overturned, and trampled upon by the bold and ambitious. 

No community can be long held together, unless its arrangements are adequate to its probable exigencies. 

If it should be decided to reject a standing army for 

the military branch of the government of the United 

States, as possessing too fierce an aspect, and being hostile to the principles of liberty, it will follow that a wellconstituted militia ought to be established. 

A consideration of the subject will show the impracticability of disciplining at once the mass of the people. 

All discussions on the subject of a powerful militia, will 

result in one or other of the following principles. 

First. Either efficient institutions must be established 

for the military education of the youth; and that the 

knowledge acquired therein shall be diffused throughout 

235 
the community, by the mean of rotation. Or, 

Secondly. That the militia must be formed of substitutes, after the manner of the militia of Great Britain. 

If the United States possess the vigor of mind to establish the first institution, it may reasonably be expected to produce the most unequivocal advantages. A 

glorious national spirit will be introduced, with its extensive train of political consequences. The youth will 

imbibe a love of their country; reverence and obedience 

to its laws; courage and elevation of mind; openness and 

liberality of character; accompanied by a just spirit of 

honor. In addition to which their bodies will acquire a 

robustness, greatly conducive to their personal happiness, as well as the defense of their country. While habit, 

with its silent, but efficacious operations, will durably 

cement the system. 

Habit, that powerful and universal law, incessantly 

acting on the human race, well deserves the attention of 

legislators. Formed at first in individuals, by separate 

and almost imperceptible impulses, until at length it acquires a force which controls with irresistible sway. The 

effects of salutary or pernicious habits, operating on a 

whole nation are immense, and decides its rank and 

character in the world. 

Hence the science of legislation teaches to scrutinize 

every national institution, as it may introduce proper or 

improper habits; to adopt with religious zeal the former, 

and reject with horror the latter. 

A republic, constructed on the principles herein 

stated, would be uninjured by events, sufficient to overturn a government supported solely by the uncertain 

power of a standing army. 

The well- informed members of the community, actuated by the highest motives of self-love, would form the 

real defense of the country. Rebellions would be prevented, or suppressed with ease. Invasions of such a 

government would be undertaken only by madmen; and 

the virtues and knowledge of the people would effectually oppose the introduction of tyranny. 

But the second principle-a militia of substitutes, is 

pregnant, in a degree, with the mischiefs of a standing 

army; as it is highly probably the substitutes from time 

to time, will be nearly the same men, and the most idle 

and worthless part of the community. Wealthy families, 

proud of distinctions which riches may confer, will prevent their sons from serving in the militia of substitutes; 

the plan will degenerate into hubitual contempt; a standing army will be introduced, and the liberties of the 

people subjected to all the contingencies of events. 

The expense attending an energetic establishment of 

militia may be strongly urged as an objection to the 

institution. But it is to be remembered, that this objection is levelled at both systems, whether by rotation or 

by substitutes. For if the numbers are equal, the expense 

236 

will also be equal. The estimate of the expense will show 

its unimportance, when compared with the magnitude 

and beneficial effects of the institution. 

Every intelligent mind would rejoice in the establishment of an institution, under whose auspices the youth 

and vigor of the constitution would be renewed with 

each successive generation, and which would appear to 

secure the great principles of freedom and happiness 

against the injuries of time and events. 

The following Plan is formed on these general principles. 

First. That it is the indispensible duty of every nation, 

to establish all necessary institutions for its own perfection and defence. 

Secondly. That it is a capital security to a free state, 

for the great body of the people to possess a competent 

knowledge of the military art. 

Thirdly. That this knowledge cannot be attained in 

the present state of society, but by establishing adequate 

institutions for the military education of youth; and that 

the knowledge acquired therein should be diffused 

throughout the community, by the principles of rotation. 

Fourthly. That every man of the proper age and ability of body, is firmly bound by the social compact, to 

perform, personnally, his proportion of military duty 

for the defence of the state. 

Fifthly. That all men of the legal military age, should 

be armed, enrolled, and held responsible for different 

degrees of military service. 

And, sixthly. That, agreeably to the Constitution, the 

United States are to provide for organizing, arming and 

disciplining the militia; and for governing such part of 

them as may be employed in the service of the United 

States; reserving to the States, respectively, the appointment of the officers, and the authority of training the 

militia according to the discipline prescribed by Congress. 

The Plan 

The period of life in which military service shall be 

required of the citizens of the United States, to commence at eighteen, and terminate at the age of sixty 

years. 

The men comprehended by this description, exclusive 

of such exceptions as the legislatures of the restJective 

States may think proper to make, and ALL ACTUAL MARINERS, shall be enrolled for different degrees of military 

duty, and divided into three distinct classes. 

The first class shall comprehend the youth of eighteen, nineteen, and twenty years of age; to be denominated the ADVANCED CORPS. 

The second class shall include the men from twenty-
one to forty- five years of age; to be denominated the 

MAIN CORPS. 

The third class shall comprehend, inclusively, the men 

from forty-six to sixty years of age, to be denominated 

the RESERVED CORPS. 

All the militia of the United States shall assume the 

form of the legion, which shall be the permanent establishment thereof. 

A legion shall consist of one hundred and fifty-three 

commissioned officers, and two thousand eight hundred 

and eighty non- commissioned officers and privates, 

formed in the following manner. 

First. The Legionary Staff. 

One legionary, or major- general. 

Two aids-de- camp, of the rank of major; one of 

whom to be the legionary quarter-master. 

One inspector and deputy adjutant-general, of the 

rank of lieutenant-colonel. 

One chaplain. 

Second. The Brigade Staff. 

One brigadier- general. 

One brigade inspector, to serve as an aid- de- camp. 

Third. The Regimental Staff. 

One lieutenant- colonel, commandant. 

1\vo majors. 

One adjutant. 

One pay-master, or agent. 

One quarter-master. 

Fourth. 1\vo Brigades of Infantry. 

Each brigade of two regiments; each regiment of eight 

companies, forming two battalions; each company of a 

captain, lieutenant, ensign, six serjeants, one drum, one 

fife, and sixty- four rank and file. 

Fifth. 1\vo Companies of Riflemen. 

Each company to have a captain, lieutenant, ensign, 

six serjeants, a bugle- horn, one drum, and sixty- four 

rank and file. 

Sixth. A Battalion of Artillery. 

Consisting of four companies; each to have a captain, 

a captain-lieutenant, one lieutenant, six serjeants, 

twelve artificers, and fifty-two rank and file. 

Seventh. A Squadron of Cavalry. 

Consisting of two troops; each troop to have a captain, two lieutenants, a cornet, six serjeants, one farrier, 

one saddler, one trumpeter, and sixty-four dragoons. 

In case the whole number of the advanced corps in 

any State, should be insufficient to form a legion of this 

extent, yet the component parts must be preserved, and 

the reduction proportioned, as nearly as may be, to each 

part. 

The companies of all the corps shall be divided into 

SECTIONS of twelve each. It is proposed by this division, 

to establish one uniform vital principle, which in peace 

and war shall pervade the militia of the United States. 

All requisitions for men to FORM AN ARMY, either for 

State or federal purposes, shall be furnished by the advanced and main corps, by means of the sections. 

The executive government, or commander in chief of 

the militia of each State, will assess the numbers required, on the respective legions of these corps. 

The legionary general will direct the proportions to be 

furnished by each part of his command. Should the 

demand be so great as to require one man from each 

section, then the operation hereby directed shall be performed by single sections. But if a less number should be 

required, they will be furnished by an association of 

sections, or companies, according to the demand. In any 

case, it is probable that mutual convenience may dictate 

an agreement with an individual, to perform the service 

required. If however, no agreement can be made, one 

must be detached by an indiscriminate draught; and the 

others shall pay him a sum of money, equal to the averaged sum which shall be paid in the same legion for the 

voluntary performance of the service required. 

In case any sections, or companies of a legion, after 

having furnished its own quota, should have more men, 

willing to engage for the service required, other companies of the same legion shaH have permission to engage 

them. The same role to extend to the different legions in 

the State. 

The legionary general must be responsible to the commander in chief of the militia of the State, that the men 

furnished are according to the description, and that they 

are equipped in the manner, and marched to the rendezvous, conformably to the orders for that purpose. 

The men who may be draughted, shall not serve more 

than three years at one time. 

The reserved corps being destined for the domestic 

defense of the State, shall not be obliged to furnish men, 

excepting in cases of actual invasion, or rebellion- and 

then the men required shall be furnished by means of the 

sections. 

The actual commissioned officers of the respective 

corps, shall not be included in the sections, nor in any of 

the operations thereof. 

The respective States shall be divided into portions or 

districts; each of which to contain, as nearly as may be, 

some complete part of a legion. 

Every citizen of the United States, who shall serve his 

country in the field, for the space of one year, either as 

an officer or soldier, shall, if under the age of twenty237 
one years, be exempted from the service required in the 

advanced corps. If he shall be above the age of twentyone years, then every year he shall so serve in the field, 

shall be estimated as equal to six years service in the 

main or reserved corps, and shaH accordingly exempt 

him from every service therein for the said term of six 

years, except in cases of actual invasion of, or rebellion 

within the State in which he resides. And it shall also be 

a permanent establishment, that six years actual service 

in the field, shall entirely free every citizen from any 

further demands of service, either in the militia, or in 

the field, unless in cases of invasion or rebellion. 

ALL ACTUAL MARINERS or seamen, in the respective 

States, shall be registered in districts, and divided into 

two classes. The first class to consist of all the seamen, 

from the age of sixteen to thirty years, inclusively. The 

second class to consist of all those of the age of thirtyone to forty-five, inclusively. 

The first class shall be responsible to serve three years 

on board of some public armed vessel or ship of war, as 

a commissioned officer, warrant officer, or private mariner, for which service they shall receive the customary 

wages and emoluments. 

But should the State not demand the said three years 

service during the above period, from the age of sixteen 

to thirty years, then the party to be exempted entirely 

therefrom .... 

Of the Advanced Corps. 

The advanced corps are designed not only as a school 

in which the youth of the United States are to be instructed in the art of war, but they are, in aU cases of 

exigence, to serve as an actual defence to the community. 

The whole of the armed corps shall be clothed according to the manner hereafter directed, armed and subsisted at the expense of the United States; and all the 

youth of the said corps, in each State, shall be encamped 

together if practicable, or by legions, which encampments shall be denominated THE ANNUAL CAMPS OF DISCIPLINE. 

The youth of eighteen and nineteen years, shall be 

disciplined for THIRTY days successively in each year; 

and those of twenty years shall be disciplined only for 

ten days in each year, which shall be the last ten days of 

the annual encampments. 

The non-commissioned officers and privates are not 

to receive any pay during the said time. But the commissioned officers will receive the pay of their relative 

ranks, agreeable to the federal establishment for the 

time being .... 

The advanced legions, in all cases of invasion, or rebellion, shall, on requisition of lawful authority, be 

238 

obliged to march to any place within the United States, 

to remain embodied for such time as shall be directed, 

not to exceed one year, to be computed from the time of 

marching from the regimental parades; during the period of their being on such service, to be placed on the 

continental establishment, of pay, subsistence, 

cloathing, forage, tents, camp- equipage, and all such 

other allowances, as are made to the federal troops at 

the same time, and under the same circumstances .... 

In case the legions of the advanced corps should 

march to any place, in consequences of a requisition of 

the general government, all legal and proper expenses of 

such march, shall be paid by the United States. But 

should they be embodied, and march in consequence of 

an order, derived from the authority of the State to 

which they belong, and for State purposes, then the 

expenses will be borne by the State. 

The advanced corps shall be constituted on such principles, that when completed, it will receive one third 

part, and discharge one third part of its numbers annually. By this arrangement, two thirds of the corps will at 

all times be considerably disciplined; but as it will only 

receive those of eighteen years of age, it will not be 

completed until the third year afters its institution. 

Those who have already attained the ages of nineteen 

and twenty years, will, in the first instance, be enrolled 

in the main corps .... 

Of the Main Corps. 

As the main and reserved corps are to be replenished 

by the principle of rotation, from the advanced corps, 

and ultimately to consist of men, who have received 

their military education therein, it is proper that one 

uniform arrangement should pervade the several classes. 

It is for this reason the legion is established as the 

common form of all the corps of the militia. 

The main legions, consisting of the great majority of 

the men of the military age, will form the principal defence of the country. 

They are to be responsible for their proportion of 

men, to form an army whenever necessity shall dictate 

the measure; and on every sudden occasion to which the 

advanced corps shall be incompetent, an adequate number of non-commissioned officers and privates shall be 

added thereto, from the main corps, by means of the 

sections. 

The main corps will be perfectly armed in the first 

instance, and will practice the exercise and maneuvres, 

four days in each year, and will assemble in their respective districts, by companies, battalions, regiments, or 

legions, as shall be directed by the legionary general; but 

it must be a fixed rule, that in the populous parts of the 

States, the regiments must assemble once annually, and 
the legions once in three years. 

Although the main corps cannot acquire a great degree of military knowledge in the few days prescribed for 

its annual exercise, yet by the constant accession of the 

youth from the advanced corps, it will soon command 

respect for its discipline, as well as its numbers. 

When the youth are transferred from the advanced 

corps, they shall invariably join the flank companies, 

the cavalry, or artillery of the main corps, according to 

the nature of their former services. 

The reserved corps will assemble only twice annually, 

for the inspection of arms, by companies, battalions, or 

regiments, as shall be directed by each State. It will assemble by legions, whenever the defence of the State 

may render the measure necessary. 

SUCH are the propositions of the plan: To which it 

may be necessary to add some explanations. 

Although the substantial political maxim, which requires personal services of aU the members of the community for the defense of the State, is obligatory under 

all forms of society, and is the main pillar of ·a free 

government, yet the degrees thereof may vary at the different periods of life, consistently with the general welfare. The public convenience may also dictate a 

relaxation of the general obligation as it respects the 

principal magistrates and the ministers of justice and of 

religion, and perhaps some religious sects. But it ought 

to be remembered, that measures of national importance, never should be frustrated by the accommodation 

of individuals. 

The military age has generally commenced at sixteen, 

and terminated at the age of sixty years; but the youth of 

sixteen do not commonly attain such a degree of robust 

strength, as to enable them to sustain without injury, the 

hardships incident to the field; therefore the commencement of military service, is herein fixed at eighteen, and 

the termination, as usual, at sixty years of age. 

As the plan proposes, that the militia shall be divided 

into three capital classes, and that each class shall be 

formed into legions, the reasons for which shall be given 

in succession. 

The advanced corps, and annual camps of discipline, 

are instituted in order to introduce an operative military 

spirit in the community. To establish a course of honorable military service, which will at the same time, mould 

the minds of the young men, to a due obedience of the 

laws; instruct them in the art of war, and by the manly 

exercises of the field, form a race of hardy citizens, 

equal to the dignified task of defending their country. 

An examination into the employments and obligations of the individuals composing the society, will 

evince the impossibility of diffusing an adequate knowledge of the art of war, by any other means than a course 

of discipline, during the period of nonage. The time 

necessary to acquire this important knowledge, cannot 

be afforded at any other period of life, with so little 

injury to the public or private interests. 

Without descending to minute distinctions, the body 

of the people of the United States, may be divided into 

two parts. The yeomanry of the country, and the men of 

various employments, resident in towns and cities. In 

both parts, it is usual for the male children, from the age 

of fourteen to twenty-one years, to learn some trade or 

employment, under the direction of a parent or master. 

In general, the labour or service of the youth during this 

period, besides amply repaying the trouble of tuition, 

leaves a large profit to the tutor. This circumstance is 

stated to shew, that no great hardships will arise in the 

first operations of the proposed plan; a little practice 

will render the measure perfectly equal, and remove 

every difficulty. 

Youth is the time for the State to avail itself of those 

service which it has a right to demand, and by which it is 

to be invigorated and preserved; in this season, the passions and affections are stongly influenced by the splendor of military parade. The impressions the mind 

receives will be retained through life. The young man 

will repair with pride and pleasure to the field of exercise; while the head of a family, anxious for its general 

welfare, and perhaps its immediate subsistence, will reluctantly quit his domestic duties for any length of time. 

The habits of industry will be rather strengthened 

than relaxed, by the establishment of the annual camps 

of discipline, as all the time will be occupied by the 

various military duties. Idleness and dissipation will be 

regarded as disgraceful, and punished accordingly. As 

soon as the youth attain the age of manhood, a natural 

solicitude to establish themselves in the society, will occur in its full force. The public claims for military service, will be too inconsiderable to injure their industry. It 

will be sufficiently stimulated to proper exertions, by the 

prospects of opulence attending on the cultivation of a 

fertile soil, or the pursuits of a productive commerce. 

It is presumed that thirty days annually during the 

eighteenth and nineteenth, and ten days during the twentieth year, is the least time that ought to be appropriated 

by the youth to the acquisition of military art. The same 

number of days might be added during the twentieth as 

during the two preceding years, were not the expense an 

objection. 

Every means will be provided by the public to facilitate the military education of the youth, which it is proposed shall be an indispensible qualification of a free 

citizen, therefore they will not be entitled to any pay. But 

the officers being of the main corps, are in a different 

predicament; they are supposed to have passed through 

the course of discipline required by the law, and to be 

competent to instruct others in the military art. As the 

239 
public will have but small claims for personal services on 

them, and as they must incur considerable expenses to 

prepare themselves, to execute properly their respective 

offices, they ought to be paid while on actual duty. 

As soon as the service of the youth expires in the 

advanced corps, they are to be enrolled in the main 

corps. On this occasion, the republic receives disciplined 

and free citizens, who understand their public rights, 

and are prepared to defend them. 

The main corps is instituted, to preserve and circulate 

throughout the community, the military discipline, acquired in the advanced corps; to arm the people, and fix 

firmly, by practice and habit, those forms and maxims, 

which are essential to the life and energy of a free government. 

The reserved corps is instituted to prevent men being 

sent to the field, whose strength is unequal to sustain the 

severities of an active campaign. But by organizing and 

rendering them eligible for domestic service, a greater 

proportion of the younger and robust part of the community, may be enabled in cases of necessity, to encounter the more urgent duties of war. 

It would be difficult, previously to the actual formation of the annual camps of discipline, to ascertain the 

number in each State, of which it would be composed. 

The frontier counties of several States are thinly inhabited, and require all their internal force for their immediate defence. There are other infant settlements, from 

which it might be injurious to draw away their youth 

annually for the purpose of discipline .... 

Three hundred and twenty-five thousand therefore 

may be affirmed, as the number of operative, sensible 

men, to compose the militia. The proportion of the several classes of which would be nearly as followsFirstly-The advanced corps, one tenth composed of 

the youth of the ages of 18, 19, and 20 years, 32,500. 

Secondly-The main corps, six tenths and one twentieth, 211,250. 

Thirdly-The reserved corps, two tenths and one 

twentieth, 31,250. . . 

The institution of the section is intended to interest 

the patriotism and pride of every individual in the militia, to support the legal measures of a free government; 

to render every man active in the public cause, by introducing the spirit of emulation, and a degree of personal 

responsibility. 

The common mode of recruiting is attended with too 

great destruction of morals to be tolerated; and is too 

uncertain to be the principal resource of a wise nation in 

time of danger. The public faith is frequently wounded 

by unworthy individuals, who hold out delusive promises, which can never be realized. By such means, an 

unprincipled banditti are often collected for the purpose 

of defending every thing that should be dear to freemen. 

240 

The consequences are natural; such men either desert in 

time of danger, or are ever ready on the slightest disgust 

to turn their arms against their country. 

By the establishment of the section, an ample and 

permanent source is opened, whence the state, in every 

exigence, may be supplied with men, whose all depend 

upon the prosperity of their country. 

In cases of necessity, an army may be formed of citizens, whose previous knowledge of discipline will enable 

it to proceed to an immediate accomplishment of the 

designs of the State, instead of exhausting the public 

resources, by wasting whole years in preparing to face 

the enemy. 

The previous arrangements, necessary to form and 

maintain the annual encampments, as well as the discipline acquired therein, will be an excellent preparation 

for war. The artillery and its numerous appendages, 

arms and accoutrements of every kind, and all species of 

ammunition, ought to be manufactured within the 

United States. It is of high importance that the present 

period should be embraced to establish adequate institutions to produce the necessary· apparatus of war. 

It is unworthy of the dignity of a rising and free empire, to depend on foreign and fortuitous supplies of the 

essential means of defense .. .. 

The constitutions of the respective States, and of the 

United States, having directed the modes in which the 

officers of the militia shall be appointed, no alteration 

can be made therein. Although it may be supposed that 

some modes of appointment are better calculated than 

others to inspire the highest propriety of conduct, yet 

there are none so defective to serve as a sufficient reason 

for rejecting an efficient system for the militia. It is 

certain that the choice of officers, is the point on which 

the reputation and importance of a corps must depend. 

Therefore every person who may be concerned in the 

appointment, should consider himself as responsible to 

his country for a proper choice .... 

It is conceded, that people, solicitous to be exonerated from their proportion of public duty, may exclaim 

against the proposed arrangement as an intolerable 

hardship: But it ought to be strongly impressed, that 

while society has its charms, it also has its indispensible 

obligations. That to attempt such a degree of refinement, as to exonerate the members of the community 

from all personal service, is to render them incapable of 

the exercise, and unworthy of the characters of freeman. 

Every State possesses, not only the right of personal 

service from its members, but the right to regulate the 

service on principles of equality for the general defense. 

All being bound, none can complain of injustice, on 

being obliged to perform his equal proportion. Therefore it ought to be a permanent rule, that those who in 

youth decline, or refuse to subject themselves to the 
course of military education, established by the laws, 

should be considered as unworthy of public trust, or 

public honors, and be excluded therefrom accordingly. 

If the majesty of the laws should be preserved inviolate in this respect, the operations of the proposed plan 

would foster a glorious public spirit; infuse the principles of energy and stability into the body politic; and 

give an high degree of political splendor to the national 

character. 

An Act for regulating the Military Establishment of the 

United States, 30 April 1790. 

That the commissioned officers hereinafter mentioned, and the number of one thousand two hundred 

and sixteen non-commissioned officers, privates, and 

musicians, shaH be raised for the service of the United 

States, for the period of three years, unless they should 

previously by law be discharged. 

SEC. 2. That the non-commissioned officers and privates aforesaid, shall, at the time of their enlistments, 

respectively, be able-bodied men, not under five feet six 

inches in height, without shoes; nor under the age of 

eighteen, nor above the age of forty-six years. 

SEc. 3. That the commissioned officers hereinafter 

mentioned, and the said non-commissioned officers, 

privates, and musicians, shall be formed into one regiment of infantry, to consist of three battalions, and one 

battalion of artillery. The regiment of infantry to be 

composed of one lieutenant-colonel commandant, three 

majors, three adjutants, three quartermasters, one paymaster, one surgeon, two surgeon's mates, and twelve 

companies, each of which shall consist of one captain, 

one lieutenant, one ensign, four sergeants, four corporals, sixty-six privates, and two musicians. The battalion 

of artillery shaH be composed of one major commandant, one adjutant, one quartermaster, one paymaster, 

one surgeon's mate, and four companies; each of which 

shall consist of one captain, two lieutenants, four sergeants, four corporals, sixty-six privates, and two musicians: Provided always, That the adjutants, 

quartermasters, and paymasters, shall be appointed 

from the line, of subalterns of the aforesaid corps, respectively .... 

SEC. 11. That if any commissioned officer, non-commissioned officer, private, or musician, aforesaid, shall 

be wounded or disabled, while in the line of his duty in 

public service, he shall be placed on the list of the invalids of the United States, at such rate of pay and under 

such regulations as shaH be directed by the President of 

the United States, for the time being: Provided always, 

That the rate of compensation for such wounds or disabilities shaH never exceed, for the highest disability, 

half the monthly pay received by any commissioned officer, at the time of being so wounded or disabled; and 

that the rate of compensation to non-commissioned officers, privates, and musicians, shall never exceed $5 per 

month: And provided also, That all inferior disabilities 

shall entitle the person so disabled to receive only a sum 

in proportion to the highest disability. 

SEC. 12. That every commissioned officer, non-commissioned officer, private, and musician, aforesaid, 

shall take and subscribe the following oath or affirmation, to wit: " 1, A. B., do solemnly swear or affirm (as 

the case may be) to bear true allegiance to the United 

States of America, and to serve them honestly and faithfully, against a1l their enemies or opposers whomsoever, 

and to observe and obey the orders of the President of 

the United States of America, and the orders of the 

officers appointed over me, according to the articles of 

war." 

SEC. 13. That the commissioned officers, non-commissioned officers, privates, and musicians, aforesaid, 

shall be governed by the rules and articles of war, which 

have been established by the United States in Congress 

assembled, as far as the same may be applicable to the 

constitution of the United States, or by such rules and 

articles as may hereafter by law be established. 

SEC. 14. That the "act for recognizing, and adapting 

to the constitution of the United States, the establishment of the troops raised under the resolves of the 

United States in Congress assembled, and for other purposes therein mentioned:' passed the 29th September, 

1789, be, and the same is hereby, repealed: Provided, 

always, That the non-commissioned officers and privates, continued and engaged under the aforesaid act of 

the 29th September, 1789, and who shall decline to reenlist under the establishment made by this act, shall be 

discharged whenever the President of the United States 

shall direct the same: Provided further, That the whole 

number of non-commissioned officers, privates, and 

musicians, in the service of the United States at any one 

time, either by virtue of this act, or by virtue of the 

aforesaid act, passed the 29th September, 1789, shall not 

exceed the number of one thousand two hundred and 

sixteen. 

SEC. 15. That for the purpose of aiding the troops 

now in service, or to be raised by this act, in protecting 

the inhabitants of the frontiers of the United States, the 

President is hereby authorized to call into service, from 

time to time, such part of the militia of the states, respectively, as he may judge necessary for the purpose 

aforesaid; and that their pay and subsistence, while in 

service, be the same as the pay and subsistence of the 

troops above mentioned, and they shaH be subject to the 

rules and articles of war. 

[Approved, Apri/30, 1790.} 

241 
An Act for raising and addjng another regiment to the 

mmtary estabUshment of the United States, and for 

making farther provision for the protection of the frontiers, 3 March 1791. 

That there shall be raised an additional regiment of 

infantry, which, exclusive of the commissioned officers, 

shall consist of nine hundred and twelve non-commissioned officers, privates, and musicians. 

SEC. 2. That the said regiment shall be organized in 

the same manner as the regiment of infantry described 

in the act, entitled "An act for regulating the military 

establishment of the United States." ... 

SEC. 5. That in case the President of the United States 

should deem the employment of major-general, brigadier-general, a quartermaster, and chaplain, or either of 

them, essential to the public interest, that he be, and he 

hereby is, empowered, by and with the advice and consent of the Senate, to appoint the same accordingly. And 

a major-general so appointed, may choose his aid-decamp, and a brigadier-general his brigade-major, from 

the captains, or subalterns, of the line: Provided always, 

That the major-general and brigadier-general, so to be 

appointed, shall, respectively, continue in pay during 

such term only, as the President of the United States, in 

his discretion, shall deem it requisite for the public service .... 

SEC. 7. That if, in the opinion of the President, it shall 

be conducive to the good of the service, to engage a 

body of militia to serve as cavalry, they furnishing their 

own horses, arms, and provisions, it shall be lawful for 

him to offer such allowances, to encourage their engaging in the service, for such time, and on such terms, as 

he shall deem it expedient to prescribe. 

SEC. 8. That if the President should be of opinion 

that it will be conducive to the public service, to employ 

troops enlisted under the denomination of levies, in addition to, or in place of, the militia which, in virtue of 

the powers vested in him by law, he is authorized to call 

into the service of the United States, it shall be lawful 

for him to raise, for a term not exceeding six months, (to 

be discharged sooner, if the public service will permit,) a 

corps, not exceeding two thousand non-commissioned 

officers, privates, and musicians, with a suitable number of commissioned officers. And in case it shall appear probable to the President, that the regiment 

directed to be raised by the aforesaid act, and by this act, 

will not be completed in time to prosecute such military 

operations as exigencies may require, it shall be lawful 

for the President to make a substitute for the deficiency, 

by raising such farther number of levies, or by calling 

into the service of the United States, such a body of 

militia as shall be equal thereto. 

SEC. 9. That the President be, and he hereby is, em242 

powered to organize the said levies, and alone to appoint 

the commissioned officers thereof, in the manner he 

may judge proper. 

SEC. 10. That the commissioned and non-commissioned officers, privates, and musicians, of the militia, 

or said corps of levies, shall, during the time of their 

service, be subject to the rules and articles of war; and 

they shall be entitled to the same pay, rations, and forage, and in case of wounds or disability in the line of 

their duty, to the same compensation as the troops of the 

United States .... 

[Approved, March 3, 1791.] 

An Act for making farther and more effectual provision 

for the protection of tbe frontiers of the United States, 5 

March 1792. 

That the battalion of artillery now in service, be completed according to the establishment, and that the two 

regiments of infantry now in service, be completed to 

the number of nine hundred and sixty non-commissioned officers, privates, and musicians, each. 

SEC. 2. That there shall be raised, for a term not 

exceeding three years, three additional regiments, each 

of which, exclusively of the commissioned officers, shaH 

consist of nine hundred and sixty non-commissioned 

officers, privates, and musicians; and that one of the 

said regiments be organized in the following manner, 

that is to say: two battalions of infantry, each of which, 

exclusively of the commissioned officers, shall consist of 

three hundred and twenty non-commissioned officers, 

privates, and musicians; and one squadron of light dragoons, which, exclusively of the commissioned officers, 

shall consist of three hundred and twenty non-commissioned officers, privates, and musicians: and that it shall 

be a condition in the enlistment of the said dragoons, to 

serve as dismounted dragoons, whenever they shall be 

ordered thereto: That the organization of the said 

squadron of light dragoons shall be as follows, to wit: 

one major, one adjutant, one quartermaster, one surgeon's mate; and four troops, each of which shall consist of one captain, one lieutenant, one cornet, four 

sergeants, four corporals, one farrier, one saddler, one 

trumpeter, and sixty-nine dragoons; and the President 

may arm the said troops, as he shall think proper. 

SEC. 3. Provided always, That it shall be lawful for 

the President of the United States to organize the said 

five regiments of infantry, and the said corps of horse 

and artillery, as he shall judge expedient, diminishing 

the number of corps, or taking from one corps and 

adding to another, as shall appear to him proper, so that 

the whole number of officers and men shall not exceed 

the limits above prescribed: Provided, That the said 
three regiments shall be discharged as soon as the United 

States shall be at peace with the Indian tribes. 

SEC. 4. That the non-commissioned officers, privates, 

and musicians, of the said three regiments, shall be enlisted for the term of three years, unless previously discharged .... 

SEC. 11. That all the commissioned and non-commissioned officers, privates, and musicians, of the said 

three regiments, shall take the same oaths, shall be governed by the same rules and regulations, and, in cases of 

disabilities, shall receive the same compensations as are 

described in the before-mentioned act, entitled "An act 

for regulating the military establishment of the United 

States." 

SEC. 12. That it shall be lawful for the President of 

the United States to forbear to raise, or to discharge 

after they shall be raised, the whole, or any part, of the 

said three additional regiments, in case events shall, in 

his judgment, render his so doing consistent with the 

public safety. 

SEC. 13. That the President be, and he hereby is, authorized, from time to time, to call into service, and for 

such periods as he may deem requisite, such number of 

cavalry as, in his judgment, may be necessary for the 

protection of the frontiers .... 

SEC. 14. That the President alone be, and he hereby 

is, authorized to appoint, for the cavalry so to be engaged, the proper commissioned officers, who shall not 

exceed, in number and rank, the proportions assigned to 

the said three regiments, and whose pay and other allowances shall not, exclusively of 50 cents per day for 

the use and risk of their horses, exceed those of officers 

of corresponding rank in the said regiments. 

SEC. 15. That the President of the United States be 

authorized, in case he shall deem the measure expedient, 

to employ such number of the Indians, and for such 

compensations, as he may think proper: Provided, The 

said compensations do not, in the whole, exceed 

$20,000. 

[Approved, March 5, 1792.] 

An Act supplemental to the act for making further and 

more effectual provision for the protection of tbe frontiers of tbe United States, 28 March 1792. 

That it shall be lawful for the President of the United 

States, by and with the advice and consent of the Senate, 

to appoint such number of brigadier-generals as may be 

conducive to the good of the public service. Provided 

the whole number appointed, or to be appointed, shall 

not exceed four. 

An Act to provide for calling forth the militia to execute 

tbe laws of the Union, to suppress insurrections and 

repel invasions, 2 May 1792. 

SEC. 1. [Same as sec. 1 of chap. 36, February 28, 1795, 

post.] 

SEC. 2. That whenever the laws of the United States 

shall be opposed, or the execution thereof obstructed, in 

any state, by combinations too powerful to be suppressed by ordinary course of judicial proceedings, or by 

the powers vested in the marshals by this act, the same 

being notified to the President of the United States by an 

associate justice, or the district judge, it shall be lawful 

for the President of the United States to call forth the 

militia of such state to suppress such combinations, and 

to cause the laws to be duly executed. And if the militia 

of the state, where such combinations may happen, shall 

refuse or be insufficient to suppress the same, it shall be 

lawful for the President, if the legislature of the United 

States be not in session, to call forth and employ such 

numbers of the militia of any other state or states most 

convenient thereto, as may be necessary, and the use of 

the militia, so to be called forth, may be continued, if 

necessary, until the expiration of thirty days after the 

commencement of the ensuing session. 

SEC. 3. That whenever it may be necessary in the 

judgment of the President to use the militia force hereby 

directed to be called forth, the President shall forthwith, 

and previous thereto, by proclamation, command such 

insurgents to disperse and retire peaceably to their respective homes, within a limited time. 

SEC. 4. That the militia employed in the service of the 

United States shall receive the same pay and allowances 

as troops of the United States, who may be in service at 

the same time, or who were last in service, and shall be 

subject to the same rules and articles of war: And that 

no officer, non-commissioned officer, or private of the 

militia shall be compelled to serve more than three 

months in any one year, nor more than in due rotation 

with every other able-bodied man of the same rank in 

the battalion to which he belongs. 

SEC. 5. [Same as 5th sec. of chap. 36, February 28, 

1795, except that, besides being cashiered by court-martial, offenders may be, by act of 1795, incapacitated 

from holding commissions in the militia for twelve 

months at the discretion of the said court.] 

Sections 6, 7, 8, and 9 are same as corresponding 

section of act of 1795; and section 10 limits the existence 

of the act for two years, and from thence to the end of 

the next session of Congress thereafter, and no longer. 

{Approved, May 2, 1792.] 

243 
An Act more effectually to provide for !he national defence, by establishing an uniform militia throughout the 

United States, 8 May 1792. 

That each and every free able-bodied white male citizen of the respective states, resident therein, who is or 

shall be of the age of eighteen years, and under the age 

of forty-five years, (except as hereinafter excepted,) 

shall, severally and respectively, be enrolled in the militia 

by the captain or commanding officer of the company, 

within whose bounds such citizen shall reside, and that 

within twelve months after the passing of this act. And it 

shall, at all times hereafter, be the duty of every such 

captain or commanding officer of a company, to enrol 

every such citizen, as aforesaid, and also those who 

shall, from time to time, arrive at the age of eighteen 

years, or being of the age of eighteen years, and under 

the age of forty-five years, (except as before excepted,) 

shall come to reside within his bounds; and shall, without delay, notify such citizen of the said enrolment, by a 

proper non-commissioned officer of the company, by 

whom such notice may be proved. That every citizen so 

enrolled and notified, shall, within six months thereafter, provide himself with a good musket, or firelock, a 

sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein to contain not less 

than twenty-four cartridges, suited to the bore of his 

musket or firelock, each cartridge to contain a proper 

quantity of powder and ball; or, with a good rifle, knapsack, shot pouch and powder horn, twenty balls, suited 

to the bore of his rifle, and a quarter of a pound of 

powder; and shall appear, so armed, accoutred, and 

provided, when called out to exercise, or into service; 

except, that when called out on company days exercise 

only, he may appear without a knapsack. That the commissioned officers shall, severally, be armed with a 

sword or hanger, and espontoon; and that, from and 

after five years from the passing of this act, all muskets 

for arming the militia, as herein required, shall be of 

bores sufficient for balls of the eighteenth part of a 

pound. And every citizen so enrolled, and providing 

himself with the arms, ammunition, and accoutrements, 

required as aforesaid, shall hold the same exempted 

from all suits, distresses, executions, or sales, for debt, 

or for the payment of taxes. 

SEC. 2. That the Vice-President of the United States; 

the officers, judicial and executive, of the government of 

the United States; the members of both houses of Congress, and their respective officers; all custom-house officers, with their clerks; all post-officers, and 

stage-drivers, who are employed in the care and conveyance of the mail of the post-office of the United States; 

all ferrymen employed at any ferry on the postroad; all 

inspectors of exports; all pilots; all mariners, actually 

244 

employed in the sea-service of any citizen or merchant 

within the United States; and all persons who now are, 

or may hereafter be, exempted by the laws of the respective States, shall be, and are hereby, exempted from militia duty, notwithstanding their being above the age of 

eighteen, and under the age of forty-five years. 

SEC. 3. That within one year after the passing of this 

act, the militia of the respective states shall be arranged 

into divisions, brigades, regiments, battalions, and companies, as the legislature of each state shall direct; and 

each division, brigade, and regiment, shall be numbered 

at the formation thereof, and a record made of such 

numbers in the adjutant-general's office in the state; and 

when in the field, or in service in the state, each division, 

brigade, and regiment shall, respectively, take rank according to their numbers, reckoning the first or lowest 

number highest in rank. That, if the same be convenient, each brigade shall consist of four regiments; each 

regiment of two battalions; each battalion of five companies; each company of sixty-four privates. That the 

said militia shall be officered by the respective states, as 

follows: To each division, one major-general and two 

aids-de-camp, with the rank of major; to each brigade, 

one brigadier-general, with one brigade-inspector, to 

serve also as brigade-major, with the rank of a major; to 

each regiment, one lieutenant-colonel commandant; and 

to each battalion, one major; to each company, one 

captain, one lieutenant, one ensign, four sergeants, four 

corporals, one drummer, and one fifer or bugler. That 

there shall be a regimental staff, to consist of one adjutant and one quartermaster, to rank as lieutenants; one 

paymaster; one surgeon, and one surgeon's mate; one 

sergeant-major; one drum-major, and one fife-major. 

SEC. 4. That out of the militia enrolled, as is herein 

directed, there shall be formed, for each battalion, at 

least one company of grenadiers, light infantry, or riflemen; and that, to each division, there shall be at least 

one company of artillery, and one troop of horse: there 

shall be to each company of artillery, one captain, two 

lieutenants, four sergeants, four corporals, six gunners, 

six bombardiers, one drummer, and one fifer. The officers to be armed with a sword, or hanger, a fusee, bayonet and belt, with a cartridge box, to contain twelve 

cartridges; and each private, or matross, shall furnish 

himself with all the equipments of a private in the infantry, until proper ordnance and field artillery is provided. 

There shall be, to each troop of horse, one captain, two 

lieutenants, one cornet, four sergeants, four corporals, 

one saddler, one farrier, and one trumpeter. The commissioned officers to furnish themselves with good 

horses, of at least fourteen hands and a half high, and to 

be armed with a sword, and pair of pistols, the holsters 

of which to be covered with bearskin caps. Each dragoon to furnish himself with a serviceable horse, at least 
fourteen hands and a half high, a good saddle, bridle, 

mail pillion, and valise, holsters, and a breastplate and 

crupper, a pair of boots and spurs, a pair of pistols, a 

sabre and a cartouch box, to contain twelve cartridges 

for pistols. That each company of artillery and troop of 

horse shall be formed of volunteers from the brigade, at 

the discretion of the commander-in-chief of the state, 

not exceeding one company of each to a regiment, nor 

more in number than one-eleventh part of the infantry, 

and shall be uniformly clothed in regimentals, to be 

furnished at their own expense; the color and fashion to 

be determined by the brigadier commanding the brigade 

to which they belong. 

SEC. 5. That each battalion and regiment shall be 

provided with the state and regimental colors, by the 

field officers, and each company with a drum, and fife 

or bugle horn, by the commissioned officers of the company, in such manner as the legislature of the respective 

states shall direct. 

SEC. 6. That there shall be an adjutant-general appointed in each state, whose duty it shall be to distribute 

all orders from the commander-in-chief of the state to 

the several corps; to attend all public reviews, when the 

commander-in-chief of the state shall review the militia, 

or any part thereof; to obey aJI orders from him, relative 

to carrying into execution and perfecting the system of 

military discipline established by this act; to furnish 

blank forms of different returns, that may be required, 

and to explain the principles on which they should be 

made; to receive from the several officers of the different 

corps, throughout the state, returns of the militia under 

their command, reporting the actual situation of their 

arms, accoutrements, and ammunition, their delinquencies, and every other thing which relates to the general 

advancement of good order and discipline: All which, 

the several officers of the divisions, brigades, regiments, 

and battalions are hereby required to make, in the usual 

manner, so that the said adjutant-general may be furnished therewith: from which all returns he shall make 

proper abstracts, and lay the same annually before the 

commander-in-chief of the state. 

SEC. 7. That the rules of discipline, approved and 

established by Congress, in their resolution of the 29th 

of March, 1779, shall be the rules of discipline to be 

observed by the militia throughout the United States; 

except such deviations from the said rules as may be 

rendered necessary by the requisitions of this act, or by 

some other unavoidable circumstances. It shall be the 

duty of the commanding officer, at every muster, 

whether by battalion, regiment, or single company, to 

cause the militia to be exercised and trained agreeably to 

the said rules of discipline. 

SEC. 8. That all commissioned officers shall take rank 

according to the date of their commissions; and when 

two of the same grade bear an equal date, then their 

rank to be determined by lot, to be drawn, by them, 

before the commanding officer of the brigade, regiment, 

battalion, company, or detachment. 

SEC. 9. That if any person, whether officer or soldier, 

belonging to the militia of any state, and called out into 

the service of the United States, be wounded or disabled 

while in actual service, he shall be taken care of and 

provided for at the public expense. 

SEC. 10. That it shall be the duty of the brigadeinspector, to attend the regimental and battalion meetings of the militia composing their several brigades, 

during the time of their being under arms, to inspect 

their arms, ammunition, and accoutrements; superintend their exercise and manoeuvres, and introduce the 

system of military discipline, before described, throughout the brigade, agreeable to law, and such orders as 

they shall, from time to time, receive from the commander-in-chief of the state; to make returns to the adjutant-general of the state, at least once in every year, of 

the militia of the brigade to which be belongs, reporting 

therein the actual situation of the arms, accoutrements, 

and ammunition, of the several corps, and every other 

thing which, in his judgment, may relate to their government and the general advancement of good order and 

military discipline; and the adjutant-general shall make 

a return of all the militia of the state, to the commanderin-chief of the said state, and a duplicate of the same to 

the President of the United States. 

And whereas sundry corps of artillery, cavalry, and 

infantry, now exist in several of the said states, which, by 

the laws, customs, or usages thereof, have not been incorporated with, or subject to, the general regulations of 

the militia: 

SEC. 11. That such corps retain their accustomed privileges, subject, nevertheless, to all other duties required 

by this act in like manner with the other militia. 

[Approved, May 8, 1792.] 

An Act for raising and organizing a Corps of Artillerists 

and Engineers, 9 May 1794. 

That the number of seven hundred and sixty-four 

non-commissioned officers, privates, and artificers, to 

serve as privates, and musicians, shall be engaged for the 

term of three years, by voluntary enlistments; and that 

the proper proportion of commissioned officers shall be 

appointed to command the same. 

SEC. 2. That the aforesaid commissioned and noncommissioned officers, privates, artificers, and musicians, shall be incorporated with the corps of artillery 

now in the service of the United States, and denominated the corps of artillerists and engineers; and that the 

245 
entire number of the said corps, exclusively of the commissioned officers, shall be nine hundred and ninetytwo. 

SEC. 3. That the organization of the said corps be as 

herein mentioned, to wit: one lieutenant-colonel commandant, one adjutant, one surgeon; four battalions, 

each to consist of one major, one adjutant and paymaster, and one surgeon's mate; and four companies, each 

to consist of one captain, two lieutenants, two cadets, 

with the pay, clothing, and rations of a sergeant, four 

sergeants, four corporals, forty-two privates, sappers, 

and miners, and ten artificers to serve as privates, and 

two musicians. 

SEC. 4. That the additional commissioned officers, 

non-commissioned officers, privates, artificers, and musicians, by this act directed to be raised, shall receive the 

same pay and allowances, in all respects, as the troops 

already in the service of the United States; and they shall 

also be governed by the same rules and articles of war, 

which have been, or may be, by law established. 

SEC. 5. That it shall be the duty of the secretary of 

war to provide, at the public expense, under such regulations as shall be directed by the President of the United 

States, the necessary books, instruments, and apparatus, for the use and benefit of the said corps. 

SEC. 6. That the President of the United States shall 

cause such proportions of the said corps to serve in the 

field, on the frontiers, or in the fortifications on the seacoast, as he shall deem consistent with the public service. 

An Act to provide for calling forth the militia to execute 

the laws of the Union, suppress insurrections, and repel 

invasions; and to repeal the act now in force for those 

purposes, 28 February 1795. 

That whenever the United States shall be invaded, or 

be in imminent danger of invasion, from any foreign 

nation or Indian tribe, it shall be lawful for the President of the United States to call forth such number of 

the militia of the state or states, most convenient to the 

place of danger, or scene of action, as he may judge 

necessary to repel such invasion, and to issue his orders, 

for that purpose, to such officer or officers of the militia 

as he shall think proper. And in case of an insurrection 

in any state, against the government thereof, it shall be 

lawful for the President of the United States, on application of the legislature of such state, or of the Executive, 

(when the legislature cannot be convened,) to call forth 

such number of the militia of any other state or states, 

as may be applied for, as he may judge sufficient to 

suppress such insurrection. 

SEC. 2. That whenever the laws of the United States 

246 

shall be opposed, or the execution thereof obstructed, in 

any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, 

or by the powers vested in the marshals by this act, it 

shall be lawful for the President of the United States to 

call forth the militia of such state, or of any other state 

or states, as may be necessary to suppress such combinations, and to cause the laws to be duly executed; and the 

use of militia so to be called forth may be continued, if 

necessary, until the expiration of thirty days after the 

commencement of the then next session of Congress. 

SEC. 3. That whenever it may be necessary, in the 

judgment of the President, to use the military force 

hereby directed to be called forth, the President shall 

forthwith, by proclamation, command such insurgents 

to disperse, and retire peaceably to their respective 

abode, within a limited time. 

SEC. 4. That the militia employed in the service of the 

United States shall be subject to the same rules and 

articles of war as the troops of the United States: and 

that no officer, non-commissioned officer, or private, of 

the militia, shall be compelled to serve more than three 

months after his arrival at the place of rendezvous, in 

any one year, nor more than in due rotation with every 

other able-bodied man of the same rank in the battalion 

to which he belongs. 

SEc. 5. That every officer, non-commissioned officer, 

or private, of the militia, who shall fail to obey the 

orders of the President of the United States, in any of 

the cases before recited, shall forfeit a sum not exceeding 

one year's pay, and not less than one month's pay, to be 

determined and adjudged by a court-martial; and such 

officer shall, moreover, be liable to be cashiered by sentence of a court-martial, and be incapacitated from 

holding a commission in the militia, for a term not exceeding twelve months, at the discretion of the said 

court: and such non-commissioned officers and privates 

shall be liable to be imprisoned, by a like sentence, on 

failure of the payment of fines adjudged against them, 

for one calendar month, for every five dollars of such 

fine. 

SEC. 6. That courts-martial for the trial of militia, 

shall be composed of militia officers only. 

SEC. 7. That all fines to be assessed, as aforesaid, 

shall be certified by the presiding officer of the courtmartial before whom the same shall be assessed, to the 

marshal of the district in which the delinquent shall reside, or to one of his deputies and also to the supervisor 

of the revenue of the same district, who shall record the 

said certificate in a book to be kept for that purpose. 

The said marshal, or his deputy, shall forthwith proceed 

to levy the said fines, with costs, by distress and sale of 

the goods and chattels of the delinquent; which costs, 

and the manner of proceeding, with respect to the sale 
of the goods distrained, shall be agreeable to the laws of 

the state in which the same shall be, in other cases of 

distress. And where any non-commissioned officer or 

private shall be adjudged to suffer imprisonment, there 

being no goods or chattels to be found whereof to levy 

the said fines, the marshal of the district, or his deputy, 

may commit such delinquent to jail, during the term for 

which he shall be so adjudged to imprisonment, or until 

the fine shall be paid, in the same manner as other 

persons condemned to fine and imprisonment at the suit 

of the United States may be committed. 

SEC. 8. That the marshals and their deputies shall pay 

all such fines by them levied, to the supervisor of the 

revenue in the district in which they are collected, within 

two months after they shall have received the same, deducting therefrom five per centum as a compensation 

for their trouble; and in case of failure, the same shall be 

recoverable by action of debt or information, in any 

court of the United States, of the district in which such 

fines shall be levied, having cognizance thereof, to be 

sued for, prosecuted, and recovered, in the name of the 

supervisor of the district, with interest and costs. 

SEC. 9. That the marshals of the several districts, and 

their deputies, shall have the same powers, in executing 

the laws·of the United States, as sheriffs, and their deputies, in the several states, have by law in executing the 

laws of the respective states. 

SEC. 10. That the act entitled "An act to provide for 

calling forth the militia to execute the laws of the Union, 

suppress insurrections, and repel invasions:' passed the 

2d day of May, 1792, shall be, and the same is hereby, 

repealed. 

[Approved, February 28, 1795.] 

An Act to ascertain and fix the mmtary establishment of 

the Urtited States, 30 May 1796. 

That the military establishment of the United States, 

from and after the last day of October next, be composed of the corps of artillerists and engineers, as established by the act entitled "An act providing for raising 

and organizing a corps of artillerists and engineers;" 

two companies of light dragoons, who shall do duty on 

horse or foot, at the discretion of the President of the 

United States; and four regiments of infantry, of eight 

companies each; the company of dragoons shall consist 

of one captain, two lieutenants, one cornet, four sergeants, four corporals, one farrier, one saddler, one 

trumpeter, and fifty-two privates; and shall be armed 

and accoutred in such manner as the President of the 

United States may direct. 

SEC. 2. That each regiment of infantry shall consist of 

one lieutenant-colonel commandant, two majors, one 

adjutant, one paymaster, one quartermaster, one surgeon, two surgeon's mates, eight captains, eight lieutenants, eight ensigns, two sergeant-majors, two 

quartermaster sergeants, two senior musicians, thirtytwo sergeants, thirty-two corporals, sixteen musicians, 

and four hundred and sixteen privates: Provided always, 

That the President of the United States may, in his discretion, appoint an additional number of surgeon's 

mates, not exceeding ten, and distribute the same, according to the necessity of the service. 

SEC. 3. That there shall be one major-general, with 

two aids-de-camps; one brigadier-general, who may 

choose his brigade-major from the captains or subalterns of the line . . . one quartermaster-general; one 

inspector, who shall do the duty of adjutant-general; 

and one paymaster-general: and that the adjutants, 

quartermasters, and paymasters of regiments, shall be 

appointed from the subalterns of their respective regiments. 

SEC. 4. That the President of the United States cause 

to be arranged, the officers, non-commissioned officers, 

privates, and musicians, of the legion of the United 

States, and light dragoons, in such manner as to form 

and complete out of the same the four regiments aforesaid, and two companies of light dragoons: And the 

supernumerary officers, privates, and musicians, shall 

be considered, from and after the last day of October 

next, discharged from the service of the United States. 

SEC. 5. That the corps of artillerists and engineers be 

completed, conformably to the act of the 8th day of 

May, 1794, establishing the same, and prescribing the 

number and term of enlistments, and the method of 

organization. . . . 

SEC. 15. That every person who shall procure or entice 

a soldier, in the service of the United States, to desert, or 

who shall purchase from any soldier, his arms, uniform 

clothing, or any part thereof; and every captain or commanding officer of any ship or vessel, who shall enter on 

board such ship or vessel, as one of his crew, knowing 

him to have deserted, or otherwise carry away any such 

soldier, or shall refuse to deliver him up to the orders of 

his commanding officer, shall, upon legal conviction, be 

fined, at the discretion o f the court, in any sum not 

exceeding $300, or be imprisoned, for any term not exceeding one year. 

SEC. 16. That no non-commissioned officer, or private, shall be arrested, or subject to arrest, for any debt 

under the sum of $20. 

SEC. 17. That if any non-commissioned officer, musicians, or private, shall desert from the service of the 

United States, he shall, in addition to the penalties mentioned in the Rules and Articles of War, be liable to serve 

for and during such a period as shall, with the time he 

may have served previous to his desertion, amount to the 

247 
full term of his enlistment, and such soldier shall and 

may be tried and sentenced by a regimental or garrison 

court-martial, although the term of his enlistment may 

have elapsed previous to his being apprehended or tried. 

SEC. 18. That the sentences of general courts-martial, 

in time of peace, extending to the loss of life, the dismission of a commissioned officer; or which shall, either in 

time of peace or war, respect a general officer, shall, 

with the whole of the proceedings in such cases, respectively, be laid before the President of the United States; 

who is hereby authorized to direct the same to be carried 

into execution, or otherwise, as he shall judge proper. 

SEC. 19. That if any officer, non-commissioned officer, private, or musician, aforesaid, shall be wounded or 

disabled, while in the line of his duty, in public service, 

he shall be placed on the list of the invalids of the United 

States, at such rate of pay, and under such regulations, 

as shall be directed by the President of the United States, 

for the time being; Provided always, That the rate of 

compensation to be allowed for such wounds or disabilities, to a commissioned officer, shall never exceed, for 

the highest disability, half the monthly pay of such officer, at the time of his being so disabled or wounded; and 

that the rate of compensation to non-commissioned officers, privates, and musician, shall never exceed $5 per 

month: And provided also, That all inferior disabilities 

shall entitle the person so disabled, to receive an allowance proportionate to the highest disability. 

SEC. 20. That the officers, non-commissioned officers, privates, and musicians, aforesaid, shall be governed by the rules and articles of war which have been 

established by the United States, in Congress assembled, 

(except so much of the same as is by this act altered or 

amended,) as far as the same may be applicable to the 

constitution of the United States; or by such rules and 

articles as may hereafter be by law established. 

SEC. 21. That every officer, non-commissioned officer, private, and musician, aforesaid, shall take and subscribe the following oath or affirmation, to wit: "1, A. 

B., do solemnly swear, or affirm, (as the case may be,) 

to bear true allegiance to the United States of America, 

and to serve them honestly and faithfully, against their 

enemies or opposers whomsoever, and to observe and 

obey the orders of the President of the United States, 

and the orders of the officers appointed over him, according to the rules and articles of war." 

SEC. 22. That so much of any act or acts, now in 

force, as comes within the purview of this act, shall be, 

and the same is hereby, repealed: saving, nevertheless, 

such parts thereof as relate to the enlistments or term of 

service of any of the troops, which, by this act, are 

continued on the present military establishment of the 

United States. 

SEC. 23. That the general staff, as authorized by this 

248 

act, shall continue in service until the 4th day of next 

March, and no longer. 

[Approved, May 30, 1796.] 

An Act authorizing the President of the United States to 

raise a provisional army, 28 May 1798. 

That the President of the United States be, and he is 

hereby, authorized, in the event of a declaration of war 

against the United States, or of actual invasion of their 

territory, by a foreign power; or of imminent danger of 

such invasion discovered, in his opinion, to exist, before 

the next session of Congress, to cause to be enlisted, and 

to call into actual service, a number of troops, not exceeding ten thousand non-commissioned officers, musicians, and privates, to "be enlisted for a term not 

exceeding three years; each of whom shall be entitled to 

receive a bounty of $10, one half on enlisting, and the 

other half on joining the corps to which he may belong. 

SEC. 2. That the President be, and he is hereby, authorized to organize, with a suitable number of major-generals, and conformably to the military establishment of 

the United States, the said troops into corps of artillery, 

cavalry, and infantry, as the exigencies of the service may 

require; and, in the recess of the Senate, alone, to appoint 

the commissioned officers. The appointment of the field 

officers to be submitted to the advice and consent of the 

Senate at their next subsequent meeting. The commissioned and non-commissioned officers, musicians, and 

privates, raised in pursuance of this act, shall be subject 

to the rules and articles of war, and regulations for the 

government of the army, and be entitled to the same pay, 

clothing, rations, forage, and all other emoluments, 

bounty excepted, and in case of wounds or disability, 

received in service, to the same compensation, as the 

troops of the United States are by law entitled. 

SEC. 3. That, in addition to the aforesaid number of 

troops, the President is hereby empowered, at any time 

within three years after the passing of this act, if, in his 

opinion, the public interest shall require, to accept of 

any company or companies of volunteers, either of artillery, cavalry, or infantry, who may associate and offer 

themselves for the service, who shall be armed, clothed, 

and equipped at their own expense, and whose commissioned officers the President is hereby authorized to appoint; who shall be liable to be called upon to do 

military duty, at any time the President shall judge 

proper, within two years after he shall accept the same; 

and when called into actual service, and while remaining 

in the same, shall be under the same rules and regulations, and shall be entitled to the same pay, rations, 

forage, and emoluments of every kind, excepting bounty 

and clothing, as the other troops to be raised by this act. 
SEC. 4. That in case any such volunteer, while in actual service, and in the line of his duty, sustains any 

damage, by injury done to his horse, arms, or equipage, 

or by loss of the same, without any fault or negligence 

on his part, a reasonable sum, to be ascertained in such 

manner as the President shall direct, shall be allowed for 

each and every such damage or loss. 

SEC. 5. That whenever the President shall deem it 

expedient, he is hereby empowered to appoint, by and 

with the advice and consent of the Senate, a commander 

of the army which may be raised by virtue of this act, 

and who, being commissioned as lieutenant-general, 

may be authorized to command the armies of the United 

States ... who shall have authority to appoint from time 

to time, such number of aids, not exceeding four, and 

secretaries, not exceeding two, as he may judge proper, 

each to have the rank, pay, and emoluments of a lieutenant-colonel. 

SEC. 6. That, whenever the President shall deem it 

expedient, he is hereby empowered, by and with the advice and consent of the Senate, to appoint an inspectorgeneral, with the rank of major-general; ... And at the 

time aforesaid, the President is further empowered, by 

and with the advice and consent of the Senate, to appoint an adjutant-general, who shall have the rank, pay, 

and emoluments of a brigadier-general. And the President is hereby authorized, alone, to appoint, from time 

to time, when he shall judge proper, assistant inspectors, 

to every separate portion of the army, consisting of one 

or more divisions, who shall be deputy adjutant-generals thereof, respectively, and who shall be taken from 

the line of the army, ... and, likewise, to appoint inspectors and sub-inspectors to each brigade and corps, 

of every description, at his discretion, taking them from 

the line of the army, ... 

SEC. 7. That in case the President shall judge the 

employment of a quartermaster-general, physician-general, and paymaster-general, or either of them, essential 

to the public interest, he is hereby authorized, by and 

with the advice and consent of the Senate, to appoint 

the same accordingly, who shall be entitled to the rank, 

pay, and emoluments which follow, viz.: quartermastergeneral, the rank, pay, and emoluments of a lieutenantcolonel; physician-general, and paymaster-general, 

each, the pay and emoluments of a lieutenant-colonel; 

Provided, That in case the President shall judge it expedient to appoint a commander of the army, an inspectorgeneral, adjutant-general, quartermaster-general, 

physician-general, and paymaster-general, or either of 

them, in the recess of the Senate, he is hereby authorized 

to make any or all of said appointments, and grant commissions thereon, which shall expire at the end of the 

next session of the Senate thereafter .... 

SEC. 9. That the commander of the army, inspectorgeneral, adjutant-general, quartermaster-general, physician-general, and paymaster-general, and the general, 

field, and commissioned officers, who may be appointed by virtue of this act, shall, respectively, continue 

in commission during such term only as the President 

shall judge requisite for the public service; and that it 

shall be lawful for the President to discharge the whole, 

or any part, of the troops, which may be raised, or 

accepted, under the authority of this act, whenever he 

shall judge the measure consistent with the public safety. 

SEC. 10. That no commissioned or staff officer, who 

shall be appointed by virtue of this act, shall be entitled 

to receive pay or emoluments until he shall be called in 

actual service, nor for any longer time than he shall 

continue therein: Provided, nothing in this section shall 

be construed to prevent captains and subalterns from 

receiving pay and emoluments while employed in the 

recruiting service: And provided also, That no enlistment shall take place by virtue of this act, after three 

years from the passing thereof. 

SEC. 11. That it shall be lawful for the President of the 

United States, at his discretion, upon the request of any 

militia corps, established by law, in any state, disposed 

to inform themselves in the use of artillery, or of the 

executive of any state, in behalf of such corps, to suffer 

to be loaned to them such pieces, not exceeding two to 

any one corps, of the field artillery of the United States, 

as may be most convenient spared, to be taken, removed, and returned, at the expense of the party requesting; who are to be accountable for the same, and to 

give receipts accordingly. 

SEC. 12. That the President of the United States shall 

be, and he is hereby, authorized, when, under his orders, 

any portion of the militia, or any volunteer corps, shall 

be called forth and engaged in the actual service of the 

United States, to suffer to be loaned, at the request of 

the executive of the state from which such militia shall 

be called forth, or of such volunteer corps, appearing to 

be unavoidably deficient, a supply of field artillery, 

arms, and accoutrements, from the arsenals of the 

United States, as the case may require; proper receipts 

and security being given to be accountable to return the 

same, the accidents of the service excepted .... 

SEC. 14. That the private soldiers who are, and who 

shall be enlisted and employed in the service of the 

United States, shall be, and they are hereby, exempted, 

during their term of service, from all personal arrests, 

for any debt or contract. And whenever any soldier shall 

be arrested, whether by mesne process, or in execution, 

contrary to the intent hereof, it shall be the duty of the 

judge of the district court of the district in which the 

arrest shall happen, and of any justice of the supreme 

court of the United States, and of any court or judge of 

a state, who, by the laws of such state, are authorized to 

249 
issue writs of habeas corpus, respectively, on application, by any officer of the corps in which such soldier 

shall be engaged, to grant a writ of habeas corpus, returnable before himself; and, upon due hearing and examination, in a summary manner, to discharge the 

soldier from such arrest, taking common bail, if required, in any case upon mesne process, and commit 

him to the applicant, or some other officer of the same 

corps. 

[Approved, May 28, 1798.] 

An Act supplementary to, and to amend, the Act entitled "An Act authorizing the President of the United 

States to raise a provisional army," 22 June 1798. 

That the companies of volunteers, and the members 

of each company, who shall be duly engaged and accepted by the President of the United States, and organized with proper officers commissioned by him, 

pursuant to the third section of the act, entitled ''An act 

authorizing the President of the United States to raise a 

provisional army;' shall submit to and observe such rules 

of training and discipline, as shall be thought necessary 

to prepare them for actual service; and which rules the 

President of the United States is hereby authorized to 

make and establish; and all such companies and volunteers are hereby exempted, until their discharge, or during the time of their engagement, as aforesaid, from all 

militia duty which is or shall be required by the laws of 

the United States, or of any state, and from every fine, 

penalty, or disability, which is or shall be provided to 

enforce the performance of any duty or service in the 

militia. 

SEC. 2. That the President of the United States shall 

be, and he is hereby, authorized, by and with the consent 

of the Senate, or by himself, in the recess of Congress, 

pursuant to the said act, to appoint and commission, as 

soon as he shall think it expedient, such and so many 

field officers as shall be necessary for the organizing and 

embodying in legions, regiments, or battalions, any volunteer companies who shall engage, and shall be accepted, as aforesaid; and such field officers shall have 

authority, accordingly, to train and discipline such volunteer companies, pursuant to the rules therefor, which 

shall be established, as aforesaid: Provided, That no 

officer or volunteer, who shall be appointed, engaged, 

or employed in any training or discipline, as aforesaid, 

shall be considered as in the pay of the United States, 

until called into actual service .... 

SEC. 4. That the President of the United States may 

proceed to appoint and commission, in the manner prescribed by the said act, such and so many of the officers 

authorized thereby, for the raising, organizing, and com250 

manding, the provisional army of ten thousand men, as, 

in his opinion, the public service shall more immediately 

require; any thing which may be supposed in the said 

act, to the contrary hereof notwithstanding: Provided, 

That the officers who shall be so appointed, shall not be 

entitled to any pay, subsistence, or other emolument, by 

reason of such commission, until they shall be, respectively, employed in the actual service of the United 

States: And provided, That the further raising of the 

said army shall not be authorized otherwise than as by 

the said act is provided. 

[Approved, June 22, 1798.] 

An Act to augment the army of the United States, and 

for other purposes, 16 July 1798. 

That from and after the passage of this act, each 

regiment of infantry in the army of the United States, 

shall consist of one lieutenant-colonel commandant, 

two majors, one adjutant, one paymaster, one quartermaster, one surgeon, two surgeon's mates, ten captains, 

ten lieutenants, ten ensigns, one sergeant-major, one 

quartermaster-sergeant, two senior musicians, forty sergeants, forty corporals, twenty musicians, and six hundred privates; and that the several regiments of infantry 

now in the service of the United States, be augmented 

accordingly: Provided always, That the President of the 

United States may, in his discretion, appoint and distribute such additional number of surgeon's mates, and for 

such length of time, as the exigencies of the service may 

require. 

SEC. 2. That the President of the United States be, 

and he hereby is, authorized to raise, in addition to the 

present military establishment, twelve regiments of infantry, and six troops of light dragoons, to be enlisted 

for and during the continuance of the existing differences between the United States and the French Republic, unless sooner discharged; and the said six troops, 

together with the two troops of dragoons now in service, 

shall be formed into a regiment, and there shall be appointed thereto one lieutenant-colonel commandant, 

two majors, one adjutant, one paymaster, one quartermaster, one sergeant-major, and one quartermaster-sergeant, whose pay and emoluments, as well as those of 

the cornets, respectively, shall be the same as are by Jaw 

allowed to officers of the same grades in the infantry. 

SEC. 3. That there shall be two major-generals, with 

two aids-de-camp each; one inspector-general, with the 

rank, pay, and emoluments of a major-general, and two 

aids-de-camp; three brigadier-generals, in addition to 

the present establishment; two assistant inspectors, (who 

shall be taken from the line of the army,) one adjutantgeneral, with one or more assistant or assistants, (to be 
taken from the line of the army,) and four chaplains .... 

SEC. 7. That the President of the United States be, 

and he hereby is authorized to appoint a number, not 

exceeding four, teachers of the arts and sciences, necessary for the instruction of the artillerists and engineers, ... 

SEC. 8. That the officers, non-commissioned officers, 

musicians, and privates, raised by virtue of this act, shall 

take and subscribe the oath or affirmation prescribed by 

the law, entitled ''An act to ascertain and fix the military 

establishment of the United States:' and that they shall 

be governed by the rules and articles of war which have 

been, or may be, established by law, and shall be entitled 

to the legal emoluments in case of wounds or disabilities, received while in actual service, and in the line of 

duty. And in recess of Senate, the President of the 

United States is hereby authorized to appoint all the 

regimental officers proper to be appointed under this 

act, and likewise to make appointments to fill any vacancies in the army, which may have happened during the 

present session of the Senate. 

SEC. 9. That there shall be appointed an inspector of 

the artillery, taken from the line of artillerists and engineers, ... 

(Approved, July 16, 1798.] 

An Act giving eventual authority to the President of the 

United States to augment the army, 2 March 1799. 

That it shall be lawful for the President of the United 

States, in case war shall break out between the United 

States and a foreign European power, or in case imminent danger of invasion of their territory by any such 

power, shall, in his opinion, be discovered to exist, to 

organize and cause to be raised, in addition to the other 

military force of the United States, twenty-four regiments of infantry, a regiment and a battalion of riflemen, a battalion of artillerists and engineers, and three 

regiments of cavalry, or such part thereof as he shall 

judge necessary; the non-commissioned officers and privates of which to be enlisted for a term not exceeding 

three years, and to be entitled each to a bounty of $10; 

one-half to be paid at the time of enlistment, and the 

remainder at the time of joining the regiment to which 

they may belong. 

SEC. 2. That the President of the United States be 

authorized, whenever it shall appear to him expedient, if 

during the session of the Senate, with their advice and 

consent, if in their recess, alone, to appoint and commission all officers for the said troops, agreeably to the 

rules and regulations prescribed by Jaw for the military 

establishment: Provided, That the general and field officers who may be appointed in the recess of the Senate, 

shall, at the next meeting thereof, be nominated and 

submitted to them for their advice and consent. 

SEC. 3. That the officers, non-commissioned officers, 

and privates, of the troops, which may be organized and 

raised pursuant to this act, shall be entitled to the like 

pay, clothing, rations, forage, and other emoluments, 

and to the like compensation in case of disability by 

wounds, or otherwise, incurred in the service, as the 

officers, non-commissioned officers, and privates of 

other troops of correspondent denominations, composing the army of the United States; and, with them, shall 

be subject to the rules and articles of war, and to all 

other regulations for the discipline and government of 

the army. Provided, That no officer, except captains and 

subalterns who may be employed in the recruiting service, shall be entitled to any pay or other emolument until 

he shall be called into actual service. 

SEC. 4. That the laws of the United States respecting 

the regulations and emoluments of recruiting officers, 

punishment of persons who shall procure or entice a 

soldier to desert, or shall purchase his arms, uniform, 

clothing, or any part thereof, and the punishment of 

every commanding officer of every ship or vessel, who 

shall receive on board his ship or vessel, as one of his 

crew, knowing him to have deserted, or otherwise carry 

away any soldier, or refuse to deliver him up to the orders of his commanding officer; and the law respecting 

the oath or affirmation to be taken by officers, noncommissioned officers, musicians, and privates; and respecting the inserting of conditions in the enlistments; 

and all other laws respecting the military establishment 

of the United States, excepting in such cases where different and specific regulations are made by this act, shall 

be in force, and apply to all persons, matters, and 

things, within the intent and meaning of this act, in the 

same manner as they would were they inserted at large in 

the same. 

SEc. 5. That it shall be lawful for the President of the 

United States, at his discretion, to discharge the whole, 

or any part of the troops which may be raised by virtue 

of this act, whensoever he shall think fit. 

SEC. 6. That the President of the United States be 

authorized to organize all such companies of volunteers, 

as have been, or shall be, accepted by him pursuant to 

the act entitled "An act authorizing the President of the 

United States to raise a provisional army:• into regiments, brigades, and divisions, and to appoint all officers thereof, agreeably to the organization prescribed by 

law for the army of the United States: and the said 

volunteers shall not be compelled to serve out of the 

state in which they reside, a longer time than three 

months after their arrival at the place of rendezvous. 

SEC. 7. That it shall not be lawful for the President of 

the United States to call forth and employ the said vol251 
unteers in all the cases, and to effect all the purposes, 

for which he is authorized to call forth and employ the 

militia, by the act entitled ''An act to provide for calling 

forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, and to repeal 

the act now in force for these purposes." 

SEC. 8. That it shall not be lawful for the President of 

the United States to accept a greater number of the said 

volunteers, in any of the states or territories of the 

United States, than is hereinafter apportioned to them, 

respectively; that is to say: To New Hampshire, three 

thousand; to Massachusetts, ten thousand; to Rhode 

Island, one thousand; to Vermont, two thousand; to 

Connecticut, five thousand; to New York, seven thousand; to New Jersey, five thousand; to Pennsylvania, ten 

thousand; to Delaware, one thousand; to Maryland, five 

thousand; to Virginia, ten thousand; to Kentucky, one 

thousand; to North Carolina, seven thousand; to Thnnessee, one thousand; to South Carolina, four thousand; to Georgia, fifteen hundred; to North-Western 

Territory, one thousand; and to Mississippi Territory, 

five hundred .... 

SEC. 11. That the powers, by the first and second 

sections of this act vested in the President of the United 

States, shall cease at the expiration of the session of 

Congress next ensuing the present, unless they shall be, 

by some future law, continued in force for a longer time. 

[Approved, March 2, 1799.] 

An Act to suspend, in part, an Act, entitled "An Act to 

augment the army of the United States, and for other 

purposes:• 20 February 1800. 

That all further enlistments under the second section 

of an act, entitled "An act to augment the army of the 

United States, and for other purposes:• shall be suspended until the further order of Congress, unless, in 

the recess of Congress, and during the continuance of 

the existing differences between the United States and 

the French Republic, war shall break out between the 

United States and the French Republic, or imminent 

danger of invasion of their territory, by the said republic, shall, in the opinion of the President of the United 

States, be discovered to exist. 

An Act supplementary to the Act to suspend part of an 

Act, entitled "An Act to augment tbe army of the United 

States, and for other purposes," 14 May 1800. 

That it shall be lawful for the President of the United 

States to suspend any further military appointments under the act to augment the army of the United States, 

252 

and for other purposes, and under the ninth section of 

the act for the better organization of the troops of the 

United States, and for other purposes, according to his 

discretion, having reference to economy and the good of 

the service. 

SEC. 2. That the President of the United States shall 

be, and hereby is, authorized and empowered to discharge, on or before the 15th day of June next, all such 

officers, non-commissioned officers, and privates, as 

have heretofore been appointed, commissioned, or 

raised, under and by virtue of the said acts, or either of 

them, except the engineers, inspector of artillery, and 

inspector of fortifications: Provided always, That nothing in this act contained shall be construed to authorize 

any reduction of the first four regiments of infantry, the 

two regiments of artillerists and engineers, the two 

troops of light dragoons, or of the general and other 

staff, authorized by the several laws for the establishing 

and organizing of the aforesaid corps .... 

An Act fixing the Military Peace Establishment of the 

United States, 16 March 1802. 

That the military peace establishment of the United 

States, from and after the 1st of June next, shall be 

composed of one regiment of artillerists, and two regiments of infantry, with such officers, military agents, 

and engineers, as are hereinafter mentioned. 

SEC. 2. That the regiment of artillerists shall consist 

of one colonel, one lieutenant-colonel, four majors, one 

adjutant, and twenty companies, each company to consist of one captain, one first lieutenant, one second lieutenant, two cadets, four sergeants, four corporals, four 

musicians, eight artificers, and fifty-six privates: to be 

formed into five battalions: Provided always, That it 

shall be lawful for the President of the United States to 

retain, with their present grade, as many of the first 

lieutenants, now in service, as shall amount to the whole 

number of lieutenants required; but that, in proportion 

as vacancies happen therein, new appointments be made 

to the grade of second lieutenants, until their number 

amount to twenty; and each regiment of infantry shall 

consist of one colonel, one lieutenant-colonel, one major, one adjutant, one sergeant-major, two teachers of 

music, and ten companies; each company to consist of 

one captain, one first and one second lieutenant, one 

ensign, four sergeants, four corporals, four musicians, 

and sixty-four privates. 

SEC. 3. That there shall be one brigadier-general, with 

one aid-de-camp, who shall be taken from the captains 

or subalterns of the line; one adjutant and inspector of 

the army, to be taken from the line of field officers; one 

paymaster of the army, seven paymasters, and two as-
sistants, to be attached to such districts as the President 

of the United States shall direct, to be taken from the 

line of commissioned officers, who, in addition to their 

other duties, shall have charge of the clothing of the 

troops; three military agents, and such number of assistant military agents, as the President of the United States 

shall deem expedient, not exceeding one to each military 

post; which assistants shall be taken from the line; two 

surgeons, twenty-five surgeon's mates, to be attached to 

the garrisons or posts, and not to corps .... 

SEC. 9. That the President of the United States cause 

to be arranged the officers, non-commissioned officers, 

musicians, and privates of the several corps of troops 

now in the service of the United States, in such manner 

as to form and complete, out of the same, the corps 

aforesaid: and cause the supernumerary officers, noncommissioned officers, musicians, and privates, to be 

discharged from the service of the United States, from 

and after the 1st day of April next, or as soon thereafter 

as circumstances may permit. 

SEC. 10. That the officers, non-commissioned officers, musicians, and privates, of the said corps, shall be 

governed by the rules and articles of war, which have 

been established by the United States in Congress assembled, or by such rules and articles as may be hereafter by 

law established: Provided, nevertheless, That the sentence of general courts-martial, extending to the loss of 

life, the dismission of a commissioned officer, or which 

shall respect the general officer, shall, with the whole of 

the proceedings of such cases, respectively, be laid before the President of the United States, who is hereby 

authorized to direct the same to be carried into execution, or otherwise, as he shall judge proper. 

SEC. 11. That the commissioned officers who shall be 

employed in the recruiting service, to keep up, by voluntary enlistments, the corps as aforesaid, shall be entitled 

to receive, for every effective, able-bodied citizen of the 

United States, who shall be duly enlisted by him, for the 

term of five years, and mustered, of at least five feet six 

inches high, and between the ages of eighteen and thirtyfive years, the sum of $2: Provided, nevertheless, That 

this regulation, so far as respects the height and age of 

the recruit, shall not extend to musicians, or to those 

soldiers who may re-enlist into the service: And provided, also, That no person under the age of twenty-one 

years shaH be enlisted by any officer, or held in the 

service of the United States, without the consent of his 

parent, or guardian, or master, first had and obtained, if 

any he have; and if any officer shall enlist any person 

contrary to the true intent and meaning of this act, for 

every such offence he shall forfeit and pay the amount 

of the bounty and clothing which the person so recruited 

may have received from the public, to be deducted out of 

the pay and emoluments of such officer .... 

SEC. 18. That if any non-commissioned officer, musician, or private, shall desert the service of the United 

States, he shall, in addition to the penalties mentioned 

in the rules and articles of war, be liable to serve, for and 

during such a period, as shall, with the time he may have 

served previous to his desertion, amount to the full term 

of his enlistment; and such soldier shall and may be 

tried by a court-martial, and punished, although the 

term of his enlistment may have elapsed previous to his 

being apprehended or tried. 

SEC. 19. That every person who shall procure, or entice, a soldier in the service of the United States to desert, or who shall purchase from any soldier his arms, 

uniform clothing, or any part thereof; and every captain 

or commanding officer of any ship or vessel, who shall 

enter on board such ship or vessel, as one of his crew, 

knowing him to have deserted, or otherwise carry away 

any such soldier, or shall refuse to deliver him up to the 

orders o f his commanding officer, shall, upon legal conviction, be fined, at the discretion of any court having 

cognizance of the same, in any sum not exceeding $300, 

or be imprisoned, any term not exceeding one year. 

SEC. 20. That every officer, non-commissioned officer, musician, and private, shall take and subscribe the 

following oath or affirmation. to wit: "1, A. B., do 

solemnly swear, or affirm, (as the case may be,) that I 

will bear true faith and allegiance to the United States of 

America, and that I will serve them honestly and faithfully, against their enemies or opposers whomsoever; 

and that I will observe and obey the orders of the President of the United States, and the orders of the officers 

appointed over me, according to the rules and articles of 

war." ... 

SEC. 22. That where any commissioned officer shall 

be obliged to incur any extra expense in travelling, and 

sitting on general courts-martial, he shall be allowed a 

reasonable compensation for such extra expense, actually incurred, not exceeding $1.25 per day to officers 

who are not entitled to forage, and not exceeding $1 per 

day to such as shall be entitled to forage. 

SEC. 23. That no non-commissioned officer, musician, or private, shall be arrested, or subject to arrest, or 

to be taken in execution, for any debt under the sum of 

$20, contracted before enlistment, nor for any debt contracted after enlistment. 

SEC. 24. That, whenever any officer or soldier shall be 

discharged from the service, except by way of punishment for any offence, he shall be allowed his pay and 

rations, or an equivalent in money, for such term of time 

as shall be sufficient for him to travel from the place of 

discharge to the place of his residence, computing at the 

rate of twenty miles to a day. 

SEC. 25. That to each commissioned officer, who 

shall be deranged by virtue of this act, there shall be 

253 
allowed and paid, in addition to the pay and emoluments to which they will be entitled by law at the time of 

their discharge, to each officer whose term of service in 

any military corps of the United States shaH not have 

exceeded three years, three months' pay; to all other 

officers, so deranged, one month's pay of their grades, 

respectively, for each year of past service in the army of 

the United States, or in any regiment or corps now or 

formerly in the service thereof. 

SEC. 26. That the President of the United States is 

hereby authorized and empowered, when he shall deem 

it expedient, to organize and establish a corps of engineers, to consist of one engineer, with the pay, rank, and 

emoluments of a major; two assistant engineers, with 

the pay, rank, and emoluments of captains; two other 

assistant engineers, with the pay, rank, and emoluments 

of first lieutenants: two other assistant engineers, with 

the pay, rank, and emoluments of second lieutenants; 

and ten cadets, with the pay of sixteen dollars per 

month, and two rations per day: and the President of 

the United States is, in like manner, authorized, when he 

shall deem it proper, to make such promotions in the 

said corps, with a view to particular merit, and without 

regard to rank, so as not to exceed one colonel, one 

lieutenant-colonel, two majors, four captains, four first 

lieutenants, four second lieutenants, and so as that the 

number of the whole corps shall, at no time, exceed 

twenty officers and cadets. 

SEC. 27. That the said corps, when so organized, shall 

be stationed at West Point, in the State of New York, 

and shall constitute a military academy; and the engineers, assistant engineers, and cadets of the said corps, 

shall be subject, at all times, to do duty in such places, 

and on such service, as the President of the United 

States shall direct. 

SEC. 28. That the principal engineer, and in his absence the next in rank, shall have the superintendence of 

the said military academy, under the direction of the 

President of the United States; and the secretary of war 

is hereby authorized, at the public expense, under such 

regulations as shall be directed by the President of the 

United States, to procure the necessary books, implements, and apparatus for the use and benefit of the said 

institution. 

SEC. 29. That so much of any act or acts now in force, 

as comes within the purview of this act, shall be, and the 

same is hereby, repealed; saving, nevertheless, such parts 

thereof as relate to the enlistments, or term of service, of 

any of the troops which by this act are continued on the 

present military establishment of the United States. 

[Approved, March 16, 1802.] 

254 

An Act making provision for arming and equipping the 

whole body of the Militia of the United States, 23 April 

1808. 

That the annual sum of two hundred thousand dollars be, and the same hereby is appropriated for the 

purpose of providing arms and military equipments for 

the whole body of the militia of the United States, either 

by purchase or manufacture, by and on account of the 

United States. 

SEC. 2. That the President of the United States be, 

and he hereby is, authorized to purchase sites for, and 

erect, such additional arsenals and manufactories of 

arms as he may deem expedient, under the limitations 

and restrictions now provided by law: Provided, also, 

That so much of any law as restricts the number of 

workmen in the armories of the United States to one 

hundred men, be, and the same hereby is, repealed. 

SEC. 3. That all the arms procured in virtue of this act 

shall be transmitted to the several states composing this 

union, and territories thereof, to each state and territory, 

respectively, in proportion to the number of the effective 

militia in each state and territory, and by each state and 

territory to be distributed to the militia in such state and 

territory, under such rules and regulations as shall be by 

law prescribed by the legislature of each state and territory. 

[Approved, Apri/23, 1808.] 

An Act declaring war between the United Kingdom of 

Great Britain and Ireland and the dependencies thereof, 

and the United States of America and their Territories, 

18 June 1812. 

That war be, and the same is hereby, declared to exist 

between the United Kingdom of Great Britain and Ireland and the dependencies thereof, and the United 

States of America and their Territories; and that the 

President of the United States is hereby authorized to 

use the whole land and naval force of the United States 

to carry the same into effect, and to issue to private 

armed vessels of the United States, commissions, or letters of marque and general reprisal, in such form as he 

shall think proper, under the seal of the United States, 

against the vessels, goods, and effects of the government 

of the said United Kingdom of Great Britain and Ireland, and the subjects thereof. 

An Act fixing the Military Peace Establishment of the 

United States, 3 March 1815. 

That the military peace establishment of the United 
States shall consist of such proportions of artillery, infantry, and riflemen, not exceeding, in the whole, ten 

thousand men, as the President of the United States 

shall judge proper, and that the corps of engineers, as at 

present established, be retained. 

SEC. 2. That the corps of artillery shall have the same 

organization as is prescribed by the act passed the 30th 

of March, 1814, and the regiment of light artillery the 

same organization as is prescribed by the act passed the 

12th day of April, 1808; and that each regiment of infantry and riflemen shall consist of one colonel, one lieutenant-colonel, one major, one adjutant, one 

quartermaster, one paymaster, one surgeon, and two 

surgeon's mates, one sergeant-major, one quartermastersergeant, two principal musicians, and ten companies; 

each company to consist of one captain, one first lieutenant, and one second lieutenant, four sergeants, four 

corporals, two musicians, and sixty-eight privates. 

SEC. 3. That there shall be two major-generals, and 

four brigadier-generals; the major-generals to be entitled 

to two aids-de-camp, and the brigadier-generals to one 

aid-de-camp, each, to be taken from the subalterns of 

the line; four brigade-inspectors, and four brigade-quartermasters, and such number of hospital surgeons and 

surgeon's mates as the service may require, not exceeding 

five surgeons and fifteen mates, with one steward and 

one ward-master to each hospital. The brigade-inspectors, appointed under this act, shall be taken from the 

line, and the brigade quartermasters, the adjutants, regimental quartermasters, and paymasters, from the subalterns of the line. 

SEc. 4. That the compensation, subsistence, and the 

clothing of the officers, cadets, non-commissioned officers, musicians, artificers, and privates, composing the 

military peace establishment, shall be the same as are 

prescribed by the act entitled "An act fixing the military 

peace establishment of the United States:• passed 16th 

March, 1802, and the act entitled "An act to raise, for a 

limited time, an additional military force:• passed 12th 

of April, 1808; and that the major-generals shall be entitled to the same compensation as is provided by an act 

entitled "An act to raise an additional military force:• 

passed 11th January, 1812. 

SEC. 5. That the President of the United States cause 

to be arranged the officers, non-commissioned officers, 

musicians, and privates, of the several corps of troops 

now in the service of the United States, in such a manner 

as to form and complete out of the same the corps authorized by this act, and cause the supernumerary officers, non-commissioned officers, musicians, and 

privates, to be discharged from the service of the United 

States, from and after the lst day of May next, or as 

soon as circumstances may permit. 

SEC. 6. That to each commissioned officer, who shall 

be deranged by virtue of this act, there shall be allowed 

and paid, in addition to the pay and emoluments to 

which they will be entitled by law at the time of his 

discharge, three months' pay. 

SEC. 7. That the several corps authorized by this act 

shall be subject to the rules and articles of war, be recruited in the same manner, and with the same limitations, and that officers, non-commissioned officers, 

musicians, and privates, shall be entitled to the same 

provision for wounds and disabilities, the same provision for widows and children, and the same benefits and 

allowances in every respect, not inconsistent with the 

provisions of this act, as are authorized by the act of 

16th March, 1802, entitled "An act fixing the military 

peace establishment of the United States:· and the act of 

the 12th April, 1808, entitled "An act to raise, for a 

limited time, an additional military force;" and that the 

bounty to the recruit, and compensation to the recruiting officer, shall be the same as are allowed by the aforesaid act of the 12th of April, 1808. 

[Approved, March 3, 1815.] 

The following editions of the primary sources were 

used in the above reproductions: 

Callan, John F. The Military lAws of the United 

States, Relating to the Army, Volunteers, Militia, and to 

Bounty lAnds and Pensions, from the Foundation of the 

Government to the Year 1863. Philadelphia: George W. 

Childs, 1863. 

Farrand, Max, ed. The Records of the Federal Convention of 1787. Rev. ed. 4 vols. New Haven: Yale University Press, 1937. 

Fitzpatrick, John C., ed. The Writings of George 

Washington f rom the Original Manuscript Sources, 

1745-1799. Washington: Government Printing Office, 

1931-44. 

Ford, Paul L., ed. Pamphlets on the Constitution of 

the United States Published During its Discussion by the 

People, 1787-1788. Brooklyn: n.p., 1888. 

Ford, Worthington C., ed. Journals of the Continental Congress, 1774- 1789. 34 vols. Washington: Government Printing Office, 1904- 1937. 

Rossiter, Clinton, ed. The Federalist Papers. New 

York: New American Library, 1961. 

Syrett, Harold C., ed. The Papers of Alexander Hamilton. New York: Columbia University Press, 1962. 

The documents by Steuben and Knox were published 

in 1784 and 1790 respectively. Copies of these rare volumes are on deposit at the Library of Congress. The 

version of the Constitution printed above is from the 

version prepared by the Commission on the Bicentennial 

of the United States Constitution in 1986. 

255 

GALLERY OF SOLDIER-STATESMEN 

OF THE EARLY REPUBLIC 

The men who served in uniform during the Revolution contributed in numerous ways 

to the new republic. Some sat in the Constitutional Convention of 1787, and many held 

a wide array of national and state offices. Veteran soldier-statesmen included two 

Presidents, influential members of the Supreme Court, and an impressive group of 

cabinet members and senior diplomats. Former continentals and militiamen appeared 

among the leaders of the Federalist and Democratic-Republican parties in both houses 

of Congress, and in the governor's chair in every one of the original thirteen states. 

The influence exercised by Revolutionary veterans also extended far beyond the 

political realm. The emerging artistic culture of early America drew heavily on veterans 

for its painters and poets, and on Revolutionary scenes and figures for subjects. Former 

militiamen and continentals joined the flow of westward movement, expanded the 

economy as inventors and developers, and opened new routes of oceanic commerce. 

Another group, the European volunteers, returned to play vital roles in the Old World, 

particularly in the French Revolution. 

President James Monroe (1758- 1831). (Oil, by John Vanderlyn, 1816; National Portrait Gallery, Smithsonian Institution.) Chief Justice John Marshall (1755-1835). (Oil, by William James Hubard, c. 1832; National Portrait Gallery, 

Smithsonian Institution.) 
IC~ecutivc ranch 

Clock wise rrom rigbt: 

William Richardsop Davie (1756-1820). (l'astel, h)dtlllles 

Sharples·, S1:, v. 1795; ft1depende!lce N((tiona/ 1/isturiC"al 

Pt1rk.) 

rimol hy l'il:keriug ( 1745- I X29). (Oil, by Charles Willson 

Petlle, 1792; fl!dependent·e Nationa/liisloriml Park.) 

John 1\rms~.~,;ong , .I r., ( 1758- 1843). (Oil, f..l,_llrihutt:d II./., 

Jbhn Wdl~y Jarvi.~, 1111dated; ..tJc tiona/ l'ortmit Gallery, 

Smilh<;onian lnstilutiOII.) 
lJnited States Senate 

Clockwise from right: 

William North (1755-1836). (Oil, by Charles Willson 

Peale, 1785; Detroit Institute of Fine Arts.) 

Tho1nas Sumter (1734-1 832). (Oil, by Reml)rantlt Peale, 

undated; lndep~ndencr,J National 1/isturica/ Park.) 

Samuel Smith ( 1752-- 1839). (Oil, by Gilbert Stuart, c. 

1800; Natiorm< Porlrait Callery, S'mithsonian lnstilution.) 
House of Representatives 

William Findley (c. 1741-1821). (Oil, by Rembrandt 

Peale, undated; Independence National Historical Park.) 

Jeremiah Wadsworth (1743-1804). (Pastel, by James 

Sharples, Sr., c. 1795; Independence National Historical 

Park.) 

Benjamin Thllmadge (1754-1835). (Oil, by Ralph Earl, 

1790; courtesy of the Litchfield Historical Society.) 

Elias Boudinot (1740-1821). (Oil, by Charles Willson 

Peale, c. 1782; Independence National Historical Park.) 
Governors 

Morgan Lewis (1754-1844). (Miniature, by unknown artist, undated; courtesy of Anderson House Museum, Society of the Cincinnati; photograph by Sgt. Jim Moore.) 

Willia1n Smallwood (1732-1792). (Oil, by Charles Willson 

Peale, c. 1781; Independence National Historical Park.) 

William Moultrie (1730-1805). (Oil, by Charles Willson 

Peale, 1782; National Portrait Gallery, Smithsotzian lnslitulion; transfer from the National Gallery of Art; gift of 

Andrew W Mellon.) 

Henry Lee (1756- 1818). (Oil, by Charles Willson Peale, 

1782; Independence National Historical Park.) 
Miscellany 

Self-portrait of Charles Willson Peale (1741- 1827), one of 

America's leading artists and a militia veteran. (Oil, 1777 I 

78; courtesy of the American Philosophical Society.) 

Rufus Putnam (1738- 1824) encouraged the settlement of 

Revolutionary veterans in the northwest. (Pastel, allributed to James Sharples, Sr., c. 1795; Independence National Historical Park.) 

Militia veteran Enoch Crosby (1750-1835) provided the 

model for James Fenimore Cooper's The Spy. (Oil, by 

Samuel Lovell Waldo and William Jewell, 1830; National 

Portrait Gallery, Smithsonian Institution.) 

Louis Le Begue de Presle Duportail (1743- 1802), Continental Army Chief of Engineers, returned to France and 

rose to be Minister of War. (Oil, by Charles Willson Peale, 

c. 1782; Independence National Historical Park.) 
APPENDIXES 

APPENDIX A 

The Annapolis Convention 

It took several decades to turn thirteen separate colonies into the United States of America. The process began as early as the French and Indian War and led 

colonists from various regions to assert American rights 

to self-government through Committees of Correspondence and other informal, extralegal means. The practical result of these first steps was the creation of the 

Continental Congress, an assembly of delegates sent to 

Philadelphia by the provisional governments of the thirteen colonies. It was this "states in congress assembled" 

that proclaimed Independence on July 4, 1776. During 

the Revolutionary War the Continental Congress assumed the functions of a national government, financing the Continental Army and directing the war effort. 

It sought allies for the Patriot cause and in the end its 

representatives signed the Treaty of Paris in which Britain recognized the United States. This event, however, 

only ended the combat- the task of producing a unified 

nation remained. 

Congress tried to establish a basic governmental 

framework with the Articles of Confederation, ratified 

by the states in 1781. But the central government remained little more than a loose wartime alliance of independent states, and Congress, under the Articles, 

experienced serious difficulty in restoring a war-torn 

economy, regulating foreign trade, and protecting and 

developing the frontier between the Appalachian Mountains and the Mississippi River. Congress did accept the 

notion that security was a national responsibility, and in 

June 1784 it authorized, on a temporary basis, a small 

peacetime Regular Army to occupy frontier forts. Competing state territorial claims, however, blocked plans 

for extending national government to the region. 

George Washington, who emerged as a leading nationalist, was particularly concerned with the future of 

the west. He understood the region's vast potential and 

urged the development of rivers and roads as the means 

of keeping the frontier settlers tied to the union. In 1784 

his colleague, James Madison, took a positive step toward realizing the general's goal by setting up a meeting 

at Annapolis in December between Maryland and Virginia (represented by Washington) to discuss the development of the Potomac River as a route to the west. 

There the states formed a corporation, the Patowmack 

Company, to improve the waterway and settled disputes 

over the upper reaches of the river. 

Madison succeeded in arranging another conference 

between the two states in March 1785 at Alexandria, 

Virginia. Washington encouraged the commiSSioners, 

hosting some of the sessions at his plantation, and the 

"Mount Vernon Compact:' signed on 28 March, settled 

the outstanding issues regarding the use of the Chesapeake Bay and its tributaries. Before departing, the commissioners recommended that yet another meeting with 

an expanded agenda be called, this time to include representatives from other nearby states. In January 1786, 

Virginia invited all the states to a special meeting at 

Annapolis in September to discuss commercial issues. 

Madison, who had been a key figure in Virginia's 

initiative, arrived in Annapolis on 4 September and took 

up lodging at George Mann's Thvern, which became the 

site of the Annapolis Convention. He was soon joined 

by eleven other elected representatives from five states. 

Their informal discussions preceded the opening session 

on 11 September, when Delaware's John Dickinson, the 

elder statesman of the group and author of the Articles 

of Confederation, was chosen chairman. The delegates 

agreed that the absence of so many states and the differing instructions given to the delegates would prevent the 

meeting from accomplishing its stated purpose. But the 

strong nationalism of the dozen men, seven of whom 

had served under arms during the Revolution, led them 

to decide to use the opportunity to express their views in 

a report to the individual state legislatures and Congress. 

Virtually everyone agreed that the question of trade 

regulation could not be divorced from larger political 

issues, an area that the delegates had no authority to 

discuss. One delegate, apparently Abraham Clark of 

New Jersey, therefore suggested that the report recommend another meeting explicitly empowered to frame 

measures to strengthen the Articles. When the others 

agreed, Alexander Hamilton prepared a draft with the 

assistance of Madison and Edmund Jennings Randolph. 

The full convention then polished the text before adjourning on the afternoon of the 14th. Each delegation 

carried a copy of the report back to its own legislature, 

while Dickinson delivered a copy to Congress. On 21 

February that body endorsed the call for a convention to 

meet in Philadelphia on the second Monday in May of 

1787-the convention that would write the Constitution. 

On 19 September 1786 the Maryland Journal printed 

the first public notice about the Annapolis Convention. 

Its author commented, "Should this Address have its 

Effect, we may hope to see the Federal Union of these 

States established upon Principles, which will secure the 

265 
266 

CONVENTION 

DELEGATES 

NAME/STATE 

•DICKINSON, John 

(Delaware) 

(Chairman) 

"BASSETT, Richard 

(Delaware) 

BENSON, Egbert 

(New York) 

CLARK, Abraham 

(New Jersey) 

COXE, Tench 

(Pennsylvania) 

"HAMILTON, Alexander 

(New York) 

••HOUSTOUN, William 

Churchill 

(New Jersey) 

•MADISON, James, Jr. 

(Virginia) 

.. RANDOLPH, Edmund 

Jennings 

(Virginia) 

•READ, George 

(Delaware) 

SCHUREMAN, James 

(New Jersey) 

TUCKER, St. George 

(Virginia) 

•Signer of the Constitution 

BIKTHIDEATH 

(All dates are "New Style") 

19 November 1732- 14 February 

1808 

BIRTH: "Croisiadore;• Talbot 

County, Md. 

DEATH: Wilmington, Del. 

2 April 1745- 15 August 1815 

BIRTH: "Bohemia Manor;• Cecil 

County, Md. 

DEATH: Kent County, Del. 

21 June 1746-24 August 1833 

BIRTH: New York, N.Y. 

DEATH: Jamaica, N.Y. 

15 February 1726-15 September 

1794 

BIRTH: Near Elizabethtown, N.J. 

DEATH: Rahway, N.J. 

22 May 1755-16 July 1824 

BIRTH: Philadelphia, Pa. 

DEATH: Philadelphia, Pa. 

II January 1757-12 July 1804 

BIRTH: Nevis, British West Indies 

DEATH: New York, N.Y. 

c. 1746-12 August 1788 

BIRTH: Cabarrus County(?), N.C. 

DEATH: Frankford, Pa. 

16 March 1751-28 June 1836 

BIRTH: Port Conway, King George 

County, Va. 

DEATH: "Montpelier;• Orange 

County, Va. 

10 August 1753-12 September 1813 

BIRTH: "Tazewell Han;• 

Williamsburg, Va. 

DEATH: Clarke County, Va. 

18 September 1733-21 September 

1798 

BIRTH: North East, Cecil County, 

Md. 

DEATH: Newcastle, Del. 

12 February 1756-22 January 1824 

BIRTH: New Brunswick, N.J. 

DEATH: New Brunswick, N.J. 

10 July 1752-10 November 1827 

BIRTH: Port Royal, Bermuda 

DEATH: "Edgewood;' Nelson 

County, Va. 

••Member of the Constitutional Convention who did not sign 
OCCUPATION/EDUCATION 

Lawyer 

Middle Temple, London, England 

Lawyer/planter 

No formal education 

Lawyer 

King's College 

(Columbia University) 

Farmer/surveyor 

No formal education 

Merchant 

College of Philadelphia 

(University of Pennsylvania) 

but did not graduate 

Lawyer 

King's College but did not 

graduate 

Thacher /lawyer 

College of New Jersey 

(Princeton University) 

Lawyer/planter 

College of New Jersey 

Lawyer 

College of William and Mary 

but did not graduate 

Lawyer 

No formal education 

Merchant 

Queen's College 

(Rutgers University) 

Lawyer /planter 

College of William and Mary 

ACTIVE MILITARY DUTY 

IN THE REVOWTION 

Militia, 4 years 

Highest rank: Brigadier General 

Militia, 3 years 

Highest rank: Captain 

None 

None 

None 

(Militia officer) 

Continental Army, 6 years 

Highest rank: Lieutenant 

Colonel 

Militia, 2 years 

Highest rank: Captain 

None 

(Militia officer) 

Continental Army, I year 

Highest rank: Lieutenant 

Colonel 

None 

Militia, I year 

Highest rank: Lieutenant 

(Prisoner of War) 

Militia, 3 years 

Highest rank: Lieutenant 

Colonel 

PUBLIC OFFICES 

Colonial legislature, 9 years; Continental 

Congress, 4 years; Governor of 

Pennsylvania, 4 years; Governor of 

Delaware, I year 

State legislature, 4 years; Governor of 

Delaware, 2 years; Senate, 4 years 

Colonial legislature, 2 years; Continental 

Congress, 4 years; state legislature, 6 years; 

House of Representatives, 5 years 

Colonial legislature, I year; Continental 

Congress, 7 years; Signer of the Declaration 

of Independence; House of Representatives, 

4 years; state legislature, 4 years 

Continental Congress, I year; Assistant 

Secretary of the Treasury, 3 years; 

Commissioner of Revenue, 5 years 

Continental Congress, 4 years; Secretary of 

the Treasury, 6 years; Inspector General, 

United States Army, 2 years 

Colonial legislature, I year; Continental 

Congress, 5 years; Receiver of Continental 

Taxes, 3 years; state legislature, 3 years 

Continental Congress, 8 years; state 

legislature, 4 years; House of 

Representatives, 8 years; Secretary of State, 

8 years; President of the United States, 8 

years 

Colonial legislature, I year; Continental 

Congress, 4 years; state legislature, 2 years; 

Governor of Virginia, 2 years; Attorney 

General, 4 years; Secretary of State, 2 years 

Colonial legislature, 10 years; Continental 

Congress, 4 years; Signer of the Declaration 

of Independence; state legislature, 9 years; 

Senate, 5 years 

Continental Congress, 2 years; state 

legislature, 7 years; House of 

Representatives, 6 years; Senate, 2 years 

Federal District Judge, 14 years 

267 
=-----==-

1

···-- -. 

,--

Mann's Thvern, Annapolis, Maryland. (Drawing, by Polli Rodriguez; courtesy of Maryland Office for the Bicentennial of the 

U.S. Constitution, Maryland State Archives.) 

Dignity, Harmony and Felicity of these confederated Republics; and not only rescue them from their present 

Difficulties, but from that insolent Hauteur and contemptuous Neglect, which they have experienced as a 

Nation." 

Like the delegates at Annapolis, a majority of the 

men who would sign the Constitution had seen active 

military service during the Revolutionary War. Undoubt268 

edly this experience had taught them much about the 

dangers of a weak central government and had helped 

shape their ideas of a national union that would take 

precedence over the competing demands of states and 

sections. The foresight of these soldier-statesmen of the 

Constitution would more than answer the hopes raised 

for that long-ago Maryland journalist by the Annapolis 

Convention. 
APPENDIX B 

Committee Membership of the Constitutional Convention 

Name 

*Baldwin, Abraham 

*Bassett, Richard 

Bedford, Gunning, Jr. 

Blair, John 

*Blount, William 

*Brearly, David 

Broom, Jacob 

*Butler, Pierce 

Carroll, Daniel 

Clymer, George 

*Davie, William Richardson 

•Dayton, Jonathan 

*Dickinson, John 

Ellsworth, Oliver 

*Few, William 

*Fitzsimons, Thomas 

Franklin, Benjamin 

Gerry, Elbridge 

*Gilman, Nicholas 

Gorham, Nathaniel 

•Hamilton, Alexander 

Houstoun, William 

Houstoun, William Churchill 

Ingersoll, Jared 

Jenifer, Daniel of St. Thomas 

Johnson, William Samuel 

*King, Rufus 

*Langdon, John 

*Lansing, John 

*Livingston, William 

*McClurg, James 

*McHenry, James 

Madison, James, Jr. 

*Martin, Alexander 

Martin, Luther 

Mason, George 

*Mercer, John Francis 

*Mifflin, Thomas 

*Morris, Gouverneur 

Morris, Robert 

Paterson, William 

*Pierce, William 

*Pinckney, Charles 

*Pinckney, Charles Cotesworth 

*Randolph, Edmund Jennings 

Read, George 

Rutledge, John 

Sherman, Roger 

*Spaight, Richard Dobbs 

Strong, Caleb 

•washington, George 

*Williamson, Hugh 

Wilson, James 

Wythe, George 

Yates, Robert 

•veterans of active military service in the Revolutionary War. 

State 

Georgia 

Delaware 

Delaware 

Virginia 

North Carolina 

New Jersey 

Delaware 

South Carolina 

Maryland 

Pennsylvania 

North Carolina 

New Jersey 

Delaware 

Connecticut 

Georgia 

Pennsylvania 

Pennsylvania 

Massachusetts 

New Hampshire 

Massachusetts 

New York 

Georgia 

New Jersey 

Pennsylvania 

Maryland 

Connecticut 

Massachusetts 

New Hampshire 

New York 

New Jersey 

Virginia 

Maryland 

Virginia 

North Carolina 

Maryland 

Virginia 

Maryland 

Pennsylvania 

Pennsylvania 

Pennsylvania 

New Jersey 

Georgia 

South Carolina 

South Carolina 

Virginia 

Delaware 

South Carolina 

Connecticut 

North Carolina 

Massachusetts 

Virginia 

North Carolina 

Pennsylvania 

Virginia 

New York 

Committee(s) Served On 

Representation (2 July); Postponed 

Matters 

Representation (2 July) 

Postponed Matters 

Postponed Matters 

Postponed Matters 

Representation (2 July) 

Postponed Matters 

Representation (2 July); Detail 

Representation (2 July) 

Representation (2 July) 

Postponed Matters 

Detail 

Rules and Procedures; Style 

Style 

Postponed Matters; Style 

Postponed Matters; Style 

Representation (2 July) 

Representation (2 July) 

Postponed Matters; Style 

Representation (2 July) 

Rules and Procedures 

Detail 

Representation (2 July); Detail 

Postponed Matters 

Postponed Matters 

Detail 

Rules and Procedures 

Representation (2 July) 

269 
NAME/STATE 

DAVIE, William 

Richardson 

(North Carolina) 

ELLSWOIITH, Oliver 

(Connecticut) 

GERRY, Elbridge 

(Massachusetts) 

HOUSTOUN, William 

(Georgia) 

HOUSTOUN, William 

Churchill 

(New Jersey) 

LANSING, John 

(New York) 

McCWRG, James 

(Virginia) 

APPENDIX C 

Delegates to the Constitutional Convention Who Did Not Sign 

BIKTHIDEATH OCCUPATION/EDUCATION 

(All dates are "New Style") 

20 June 1756-29 November 1820 Lawyer 

BIIITH: Egremont, Cumberlandshire, Queen's Museum College 

England (Charlotte, North Carolina) 

DEATH: Lancaster Co. , S.C. and College of New Jersey• 

29 Apri11745-26 November 1807 Lawyer 

BIIITH: Windsor, Conn. Yale College and College 

DEATH: Windsor, Conn. of New Jersey• 

17 July 1744-23 November 1814 Merchant and land speculator 

BIIITH: Marblehead, Mass. Harvard College 

DEATH: Washington, D.C. 

c . 1755-c. 1833 (Exact dates unknown) Lawyer 

BIIITH: Savannah, Ga. Inner Temple (London) 

DEATH: Savannah, Ga. 

c. 1746-12 August 1788 Teacher /lawyer 

BIIITH: Cabarrus County(?), N.C. College of New Jersey• 

DEATH: Frankford, Pa. 

30 January 1754-12 December 1829 (?) Lawyer 

BIIITH: Albany, N.Y. 

DEATH: New York, N.Y. 

(Disappearance 

under mysterious circumstances; 

presumed to have been murdered.) 

c. 1746-9 July 1823 Physician 

BIIITH: Elizabeth City Co., Va. College of William and Mary 

DEATH: Williamsburg, Va. and University of Edinburgh 

ACTIVE MILITARY DUTY 

IN THE REVOWTION 

Continentals, I year 

Highest rank: Captain 

State troops, 2 years 

Highest rank: Colonel 

None 

None 

None 

Militia, 2 years 

Highest rank: Captain 

Continentals, 2 years 

Highest rank: Major 

State troops, 6 years 

Highest rank: Surgeon 

PUBLIC OFFICES 

Brigadier General, U.S. Army, 2 years; Minister 

to France, 1 year; Governor of North Carolina, 2 

years; state legislature, 12 years 

Continental Congress, 7 years; U.S. Supreme 

Court, 3 years; U.S. Senate, 7 years; state 

legislature, 14 years; Connecticut Superior Court, 

4 years 

Colonial legislature, 4 years; Continental 

Congress, 11 years; U.S. Vice President, 2 years 

(died in office); House of Representatives, 4 

years; Minister to France, I year; Governor of 

Massachusetts, 2 years; Massachusetts legislature, 

4 years 

Continental Congress, 2 years 

Colonial legislature, I year; Continental 

Congress, 5 years; Receiver of Continental Thxes, 

3 years; state legislature, 3 years 

Continental Congress, 2 years; state legislature, 6 

years; Chancellor of New York, 13 years; New 

York Superior Court, 11 years; Mayor of Albany, 

4 years 

State Executive Council, 10 years 
MARriN, Alexander 

(Nonh Carolina) 

MARriN, Luther 

(Maryland) 

MASON, George 

(Virginia) 

MERCER, John Francis 

(Maryland) 

PIERCE, William 

(Georgia) 

RANDOLPH, Edmund 

Jennings 

(Virginia) 

STRONG, Caleb 

(Massachusetts) 

WYTHE, George 

(Virginia) 

YATES, Robert 

(New York) 

c. 174(}..2 November 1807 

BIRTH: Hunterdon Co., N.J. 

DEATH: Rockingham Co., N.C. 

c. 1748-10 July 1826 

BIRTH: near New Brunswick, N.J. 

DEATH: New York, N.Y. 

c. 1725-7 October 1792 

BIRTH: Doeg's (now Mason's) Neck, 

Stafford Co., 

Va. 

DEATH: "Gunston Hall:' Fairfax Co., 

Va. 

17 May 1759-30 August 1821 

BIRTH: "Marlborough:' Stafford Co., 

Va. 

DEATH: Philadelphia, Pa. 

c. 174(}..10 December 1789 

BIRTH: Probably Georgia (exact 

location unknown) 

DEATH: Savannah, Ga. 

10 August 1753-12 September 1813 

BIRTH: "Thzewell Han:• 

Williamsburg, Va. 

DEATH: Clarke County, Va. 

9 January 1745-7 November 1819 

BIRTH: Northampton, Mass. 

DEATH: Northampton, Mass. 

c. 1726-8 June 1806 

BIRTH: Elizabeth City Co., Va. 

DEATH: Richmond, Va. 

27 June 1738-9 September 1801 

BIRTH: Schenectady, N.Y. 

DEATH: Albany, N.Y. 

•Note: The College of New Jersey is now Princeton University. 

Merchant and lawyer 

College of New Jersey• 

Teacher and lawyer 

College of New Jersey• 

Planter 

Lawyer and businessman 

College of William and Mary 

Businessman 

Lawyer 

College of William and Mary 

but did not graduate 

Lawyer 

Harvard College 

Lawyer 

College of William and Mary 

but did not graduate 

Lawyer 

Continentals, 2 years 

Highest rank: Colonel 

None 

None 

Continental Army, 4 years 

Highest rank: Major 

Militia, 2 years 

Highest rank: Lieutenant Colonel 

Continental Army, 7 years 

Highest rank: Major 

Continental Army, I year 

Highest rank: Lieutenant 

Colonel 

None 

None 

None 

Colonial legislature, I year; Continental 

Congress, I year; U.S. Senate, 6 years; Governor 

of Nonh Carolina, 6 years; state legislature, II 

years 

Continental Congress, I year; Attorney General 

of Maryland, 31 years 

Colonial legislature, I year; state legislature, I 

year 

Virginia state legislature, 2 years; Continental 

Congress, 3 years; U.S. House of Representatives, 

2 years; Governor of Maryland, 2 years; 

Maryland assembly, 6 years 

Continental Congress, I year 

Colonial legislature, I year; Continental 

Congress, 4 years; state legislature, 2 years; 

Governor of Virginia, 2 years; Attorney Gene.ral, 

4 years; Secretary of State, 2 years 

State legislature, 12 years; U.S. Senate, 7 years; 

Governor of Massachusetts, 12 years 

Colonial legislature, 12 years; Continental 

Congress, I year; state legislature, I year; 

Chancellor of Virginia, 22 years 

New York Superior Court, 22 years 
APPENDIX D 

Statistics 

This study of the Soldier-Statesmen of the Constitution grew out of a mass of biographical data gathered on 

more than a thousand men who served in various prominent positions in the federal and state governments between 1775 and 1815. This data provided the statistical 

evidence undergirding the thesis of the book: that a significant percentage of the nation's political leadership 

during the first generation of the new republic were veterans of the Revolutionary War. It also provided the raw 

material for a statistical comparison of veteran and nonveteran strength in government. The tables and charts 

that follow are based on this material and are meant to 

EXECUTIVE BRANCH MEMBERS 

WITH ACTIVE MILITARY SERVICE IN THE REVOLUTION 

Administration 

1st Washington 

2d Washington 

Adams 

I st Jefferson 

2d Jefferson 

1st Madison 

2d Madison 

Percentage of Veterans 

Presidents and 

Vice Presidents 

50 

50 

0 

50 

50 

50 

0 

Cabinet 

Officers 

83.5 

80 

75 

57 

43 

60 

31 

Diplomats of 

Ambassadorial 

Rank 

100 

75 

50 

75 

33 

20 

II 

illustrate for the general reader the changes and trends in 

the percentage of veterans in government throughout the 

Constitutional generation with special emphasis on 

those who signed the Constitution. They are followed by 

a roster of some 400 veterans who served in senior positions in the federal executive, legislative, and judicial 

branches and as state governors before 1815. 1t should 

be noted that this roster lists only service in the Revolution. In fact many of these veterans also saw service in 

the French and Indian War or in later military action on 

the frontier or against the British in the War of 1812. 

SUPREME COURT JUSTICES 

WITH ACTIVE MILITARY SERVICE IN THE REVOLUTION 

President By Whom Appointed 

Washington 

Adams 

Jefferson 

Madison 

Percentage of Veterans 

Chief Justice Associate Justice 

0 22 

100 100 

67 

0 

STATE GOVERNORS 

WITH ACTIVE MILITARY SERVICE IN THE REVOLUTION 

Percentage of Veterans 

State 1775-1782 1783- 1788 1789-1800 1801- 1815 

Connecticut 0 0 67 25 

Delaware 100 50 100 40 

Georgia 67 67 80 67 

Kentucky 100 100 

Louisiana 0 

Maryland 67 67 67 67 

Massachusetts 100 50 25 25 

New Hampshire 0 67 100 80 

New Jersey 100 100 67 75 

New York 100 100 50 67 

North Carolina 50 67 100 57 

Ohio 0 

Pennsylvania 40 67 100 50 

Rhode Island 0 50 100 67 

South Carolina 33 100 80 28.5 

Tennessee 100 50 

Vermont 67 75 

Virginia 75 100 100 57 

272 
U.S. CONGRESS MEMBERS 

WITH ACTIVE MILITARY SERVICE IN THE REVOLUTION 

(Arranged by Congress) 

Percentage of Veterans 

Congress Senate 

1st (1789-91) 51.5 

2d (1791- 93) 53 

3d (1793-95) 51.5 

4th (1795-97) 67.5 

5th (1797-99) 67 

6th (1799-1801) 71 

7th (1801-03) 61 

8th (1803-05) 61 

9th (1805-07) 60 

lOth (1807-09) 58.5 

lith (1809- ll) 49 

12th (1811 -13) 38.5 

13th (1813-15) 22.5 

< Includes one individual who u w aai''e duty in a l'<&ular Loyalist R~ment or th< British Army. 

4 Includes o~ individual who Krved at sea on a privactcr. 

• Includes two indjviduals who Stl'\'td at sea on privat«rs. 

r Includes one individual who Sti'\'Cd ac sea in chc Continental Navy. 

U.S. CONGRESS MEMBERS 

House 

63.54 

624 

69' 

66• 

s4• 

54• 

53.5 

52 

37 

36' 

31"'' 

3()<•' 

24.5' 

WITH ACTIVE MILITARY SERVICE IN THE REVOLUTION 

(Arranged by State) 

Percentage of Veterans in Each Congress 

State 1st 2d 3d 4th Sth 6th 7th 8th 9th 

Connecticut 28.5 37.5 40 45.5 27 40 33 33 40 

Delaware 33 33 60 67 40 33 0 0 0 

Georgia 100 100 75 100 100 75 83 67 40 

KentuckY" so so 75 75 75 75 75 60 

Louisiana• 

Maryland 37.5 18 so 54 36 36 50 58 46 

Massachusetts SO" ss.5• 62.5• 5s• 53• 57' 59 52.5 26 

New Hampshire 40 60 67 67 43 43 33 28.5 28.5 

New Jersey 67 67 75 75 75 100 100 87.5 75 

New York 75 75 75 69 53.5 71.5 6l.S 62.5 37 

North Carolina 57 57 75 77 69 33 23 43 40 

OhiO' 0 0 

Pennsylvania 50 55.5 62.5 37.5 44.5 so 52.5 52.5 45.5 

Rhode Island 67 67 so 60 33 0 40 40 25 

South Carolina 71.5 71.5 77.5 89 80 62.5 72.5 72.5 so 

Thnnessee' 67 67 67 67 60 60 

Vermont' 100 100 100 100 100 100 67 67 

Virginia 80 69 65 67 68 72.5 57 51.5 40 

• Admiued to the Unlon I June 1792 from territory ceded by Virginia. 

• Ad milled to the Union 30 April 1812; formed from pan of th< 'lm"itory of Orleans. 

' Includes one individual who uw aai'-e duty in a "'aular Loyalist ~aiment or th< Brhish Army. 

• lneludes one individual who scn'ed at sea on a privat«r. 

• Includes 1wo individuals who sen'ed at sea on privac«tS. 

r Includes one individual who scn'ed at sea in the Continental Navy. 

lOth 

so 

0 

28.5 

12.5 

45.5' 

24 

57 

55.5 

ss 

43 

0 

41 

0 

50 

60 

62.5 

48 

• Admiued to the Union 29 NO\-embcr 1802 from pan or the territory nonhwest or the Ohio Ri,.er; did not send a delegation to the 7th Congress. 

• Admiued to the Union I June 1796 from the territory south of the Ohio Ri\"ct. 

'Admilled to the Union 4 March 1791. 

lbtal 

60" 

59" 

65• 

63.5• 

57.5• 

ss.s• 

56.5 

54 

47 

41' 

35"' 

31.5"'' 

24.5' 

lith 12th 13th 

54.5 44 40 

0 0 0 

14 28.5 18 

10 12.5 6 

25 0 

54' 54.5' 45.5 

13.5 31.5° 20 

37.5• 14 10 

70 so 33 

31.5' 25' 19' 

28.5 26.5 26.5 

20 0 0 

43 35 38.5 

40 20 25 

41.5 30 9 

33 so 30 

so 67 so 

34.5 32 29.5 

273 
SOLDIER-STATESMEN OF THE EARLY REPUBLIC 

Name State Birth/ National Office Military 

Death Service 

Adair, John Kentucky 1757- 1840 Senate 1805- 1806 Militia 

Governor 1820-1824 

House 1831- 1833 

Alexander, Nathaniel North Carolina 1756- 1808 House 1803-1805 Continental 

Governor 1805- 1807 

Ames, Fisher Massachusetts 1758- 1808 House 1789-1797 Militia 

Anderson, Isaac Pennsylvania 1760-1838 House 1803-1807 Militia 

Anderson, Joseph Tennessee 1757-1837 Senate 1797- 1815 Continental 

(President Pro 'Iem 1805) 

Anderson, William Pennsylvania 1762-1829 House 1809- 1815; 1817- 1819 Continental 

Archer, John Maryland 1741- 1810 House 1801- 1807 Continental 

Armstrong, James Pennsylvania 1748-1828 House 1793- 1795 Continental 

Armstrong, John Pennsylvania 1758- 1843 Continental Congress 1787 Continental 

New York Senate 1800-1802; 1803- 1804 

Minister to France 1804- 1810 

Secretary of War 1813- 1814 

Ashe, John Baptista North Carolina 1748- 1802 Continental Congress 1787 Continental 

House 1789-1793 

Ashe, Samuel North Carolina 1725-1813 Governor 1795- 1797 Militia 

Avery, Daniel New York 1766- 1842 House 1811 - 1815; 1816-1817 Militia 

Bailey, Theodorus New York 1758-1828 House 1793- 1797; 1799- 1803 Militia 

Senate 1803-1804 

*Baldwin, Abraham Georgia 1754-1807 Continental Congress 1786- 1789 Continental 

House 1789- 1799 

Senate 1799-1807 

(President Pro Tern 1801-1802) 

Barker, Joseph Massachusetts 1751-1815 House 1805- 1809 None 

Barlow, Joel Connecticut 1754- 1812 Minister to France 1811- 1812 Continental 

Barnett, William Georgia 1761- 1832 House 1812-1815 Militia 

Barnwell, Robert South Carolina 1761-1814 Continental Congress 1788- 1789 Militia 

House 1791-1793 

Bartlett, Josiah New Hampshire 1729-1795 Continental Congress 1775- 1776; 1778- 1779 Militia 

Governor 1790- 1795 

• Bassett, Richard Delaware 1745-1815 Senate 1789-1793 Militia 

Governor 1799- 1801 

Beatty, John New Jersey 1749-1826 Continental Congress 1784- 1785 Continental 

House 1793- 1795 

Bedford, Gunning Delaware 1742- 1797 Governor 1796-1797 Continental 

Bedinger, George Michael Kentucky 1756-1843 House 1803- 1807 Militia 

Benton, Lemuel South Carolina 1754- 1818 House 1793- 1799 Militia 

Bishop, Phanuel Massachusetts 1739-1812 House 1799- 1807 Militia 

Blake, John, Jr. New York 1762- 1826 House 1805- 1809 Militia 

Bland, Theodoric Virginia 1742- 1790 Continental Congress 1780- 1783 Continental 

House 1789- 1790 

Bloom, Isaac New York c. 1716- 1803 House 1803 Militia 

Bloomfield, Joseph New Jersey 1753- 1823 Governor 1801- 1812 Continental 

House 1817-1821 

Blount, Thomas North Carolina 1759-1812 House 1793- 1799; 1805- 1809; 1811- 1812 Continental 

*Blount, William North Carolina 1749- 1800 Continental Congress 1782-1783; 1786-1787 Continental 

Governor of 'Thrritory South of Ohio 1790- 1796 

'Iennessee Senate 1796- 1797 

Boude, Thomas Pennsylvania 1752-1822 House 1801 - 1803 Continental 

Boudinot, Elias New Jersey 1740- 1821 Continental Congress 1777- 1778; 1781-1782 Continental 

(President 1782-1783) 

House 1789-1795 

Bourne, Benjamin Rhode Island 1755-1808 House 1790- 1796 Continental 

Bowie, Robert Maryland 1750- 1818 Governor 1803- 1807; 1811- 1812 Militia 

Bowie, Walter Maryland 1748- 1810 House 1802-1805 Militia 

Bradford, William Pennsylvania 1755-1795 Attorney General 1794- 1795 Continental 

Bradley, Stephen Row Vermont 1754- 1830 Senate 1791-1795; 1801- 1813 Militia 

(President Pro Tern 1802- 1803; 1808- 1809) 

Breckinridge, James Virginia 1763- 1833 House 1809-1817 Militia 

Breckinridge, John Kentucky 1760-1806 Senate 1801-1805 Militia 

Attorney General 1805- 1806 

Brigham, Elijah Massachusetts 1751- 1816 House 1811-1816 Militia 

Brigham, Paul Vermont 1746- 1824 Governor 1797 Continental 

•Signer or 1he Constitution. 

274 
SOLDIER-STATESMEN OF THE EARLY REPUBLIC- CONTINUED 

Name State Birth/ National Office Military 

Death Service 

Brooke, Robert Virginia c. 1761-1800 Governor 1794- 1796 Militia 

Brooks, David New York 1756-1838 House 1797- 1799 Militia 

Brown, John Virginia 1757-1837 Continental Congress 1787- 1788 Militia 

House 1789- 1792 

Kentucky Senate 1792- 1805 

(President Pro Thm 1803- 1805) 

Brown, Robert Pennsylvania 1744-1823 House 1798- 1815 Militia 

Bryan, Nathan North Carolina 1748-1798 House 1795- 1798 Militia 

Buck, Daniel Vermont 1753-1816 House 1795- 1797 Militia 

Bulloch, Archibald Georgia c. 1730-1777 Continental Congress 1775- 1776 Militia 

Governor 1776- 1777 

Bullock, Stephen Massachusetts 1735- 1816 House 1797- 1799 Militia 

Burges, Dempsey North Carolina 1751-1800 House 1795-1799 Militia 

Burke, Aedanus South Carolina 1743- 1802 House 1789-1791 Continental 

Burr, Aaron New York 1756-1836 Senate 1791- 1797 Continental 

Vice President 1801 - 1805 

Butler, Ezra Vermont 1763-1838 House 1813- 1815 Militia 

Governor 1826- 1828 

*Butler, Pierce South Carolina 1744-1822 Continental Congress 1787 Militia 

Senate 1789- 1796; 1802- 1804 

Butler, William South Carolina 1759-1821 House 1801- 1813 Militia 

Cabell, Samuel Jordan Virginia 1756-1818 House 1795- 1803 Continental 

Cadwalader, Lambert New Jersey 1742-1823 Continental Congress 1784- 1787 Continental 

House 1789- 1791; 1793- 1795 

Calhoun, Joseph South Carolina 1750-1817 House 1807- 1811 Militia 

Carleton, Peter New Hampshire 1755-1828 House 1807- 1809 Continental 

Carr, Francis Massachusetts 1751-1821 House 1812-1813 Militia 

Casey, Levi South Carolina 1749-1807 House 1803- 1807 Militia 

Caswell, Richard North Carolina 1729-1789 Continental Congress 1774- 1776 Militia 

Governor 1776- 1780; 1785- 1788 

Chamberlain, William Vermont 1755-1828 House 1803- 1805; 1809- 1811 Miljtia 

Champion, Epaphroditus Connecticut 1756-1834 House 1807- 1817 Continental 

Chandler, John Massachusetts 1762-1841 House 1805- 1809 Militia 

Maine Senate 1820- 1829 

Chipman, Nathaniel Vermont 1752-1843 Senate 1797- 1803 Continental 

Claiborne, Thomas Virginia 1749-1812 House 1793- 1799; 1801- 1805 Militia 

Clay, Matthew Virginia 1754-1815 House 1797- 1813; 1815 Continental 

Clayton, Joshua Delaware 1744-1798 Governor 1789- 1796 Militia 

Senate 1798 

Clinton, George New York 1739- 1812 Continental Congress 1775- 1776 Continental 

Governor 1777- 1795; 1801 - 1804 

Vice President 1805- 1812 

Clopton, John Virginia 1756- 1816 House 1795-1799; 1801 - 1816 Militia 

Cobb, David Massachusetts 1748-1830 House 1793- 1795 Continental 

Cocke, William Tennessee 1747- 1828 Senate 1796- 1797; 1799- 1805 Militia 

Coffin, Peleg, Jr. Massachusetts 1756-1805 House 1793- 1795 Privateer 

Coles, Isaac Virginia 1747-1813 House 1789- 1791; 1793- 1797 Militia 

Colhoun, John Ewing South Carolina 1749-1802 Senate 1801 - 1802 Militia 

Collins, John Rhode Island 1717-1795 Continental Congress 1778- 1783 Continental 

Governor 1786- 1790 

Collins, Thomas Delaware ?-1789 Governor 1786- 1789 Militia 

Condit, John New Jersey 1755-1834 House 1799- 1803; 1819 Militia 

Senate 1803- 1817 

Conlee, Benjamin Maryland 1755-1815 Continental Congress 1787- 1788 Miljtia 

House 1789- 1791 

Cooper, William New York 1754-1809 House 1795- 1797; 1799- 1801 Continental 

Cox, James New Jersey 1753-1810 House 1809- 1810 Militia 

Crabb, Jeremiah Maryland 1760-1800 House 1795- 1796 Continental 

Crouch, Edward Pennsylvania 1764-1827 House 1813- 1815 Militia 

Culpepper, John North Carolina 1764-1841 House 1807- 1809; 1813- 1817; 1819- 1821; Militia 

1823- 1825; 1827- 1829 

Cushing, William Massachusetts 1732-1810 Supreme Court 1789- 1810 Continental 

Cutler, Manasseh Massachusetts 1742-1823 House 1801- 1805 Continental 

Davenport, Franklin New Jersey 1755-1832 Senate 1798- 1799 Militia 

House 1799- 1801 

Davenport, James Connecticut 1758-1797 House 1796-1797 Continental 

275 
SOLDIER-STATESMEN OF THE EARLY REPUBLIC-CONTINUED 

Name State Birth/ National Office Military 

Death Service 

Davenport, John Connecticut 1752-1830 House 1799- 1817 Continental 

Davie, William Richardson North Carolina 1756- 1820 Governor 1798- 1799 Continental 

Minister to France 1799- 1800 

•Dayton, Jonathan New Jersey 1760-1824 Continental Congress 1787- 1789 Continental 

House 1791- 1799 

(Speaker 1795- 1799) 

Senate 1799- 1805 

Dean, Josiah Massachusetts 1748-1818 House 1807- 1809 Militia 

Dearborn, Henry Massachusetts 1751-1829 House 1793- 1797 Continental 

Secretary of War 1801 - 1809 

Minister to Portugal 1822- 1824 

Dent, George Maryland 1756-1813 House 1793- 1801 Militia 

•Dickinson, John Pennsylvania 1732- 1808 Continental Congress 1774- 1776 Militia 

Governor 1782- 1785 

Delaware Continental Congress 1779- 1781 

Governor 1781 

Dickinson, Philemon Delaware 1739-1809 Continental Congress 1782-1783 Militia 

New Jersey Senate 1790- 1793 

Dickson, Joseph North Carolina 1745- 1825 House 1799- 1801 Militia 

Dwight, Thomas Massachusetts 1758-1819 House 1803- 1805 Militia 

Earle, John Baylis South Carolina 1766- 1863 House 1803- 1805 Miljtia 

Earle, Samuel South Carolina 1760-1833 House 1795- 1797 Continental 

Edmund, William Connecticut 1755- 1838 House 1797- 1801 Continental 

Eggleston, Joseph Virginia 1754-1811 House 1798- 1801 Continental 

Elbert, Samuel Georgia 1740-1788 Governor 1785- 1786 Continental 

Elmer, Ebenezer New Jersey 1752-1843 House 1801 - 1807 Continental 

Emanuel, David Georgia 1744-1810 Governor 1801 Militia 

Eustis, William Massachusetts 1753-1825 House 1801- 1805; 1820- 1823 Continental 

Secretary of War 1809- 1812 

Minister to Holland 1814- 1818 

Governor 1823- 1824 

Evans, Thomas Virginia ?-? House 1797- 1801 Continental 

Farrow, Samuel South Carolina 1759-1824 House 1813- 1815 Militia 

Fenner, Arthur Rhode Island 1745-1805 Governor 1790- 1805 Continental 

•Few, William Georgia 1748-1828 Continental Congress 1780- 1788 Militia 

Senate 1789- 1793 

Findley, William Pennsylvania c. 1741-1821 House 1791- 1799; 1803- 1817 Militia 

Fisk, James Vermont 1763- 1844 House 1805- 1809; 1811- 1815 Continental 

Senate 1817- 1818 

•Fitzsimons, Thomas Pennsylvania 1741-1811 Continental Congress 1782- 1783 Militia 

House 1789- 1795 

Floyd, William New York 1734-1821 Continental Congress 1774- 1783 Militia 

House 1789- 1791 

Forney, Peter North Carolina 1756- 1834 House .1813- 1815 Militia 

Forrest, Uriah Maryland 1756-1805 Continental Congress 1786- 1787 Continental 

House 1793- 1794 

Fowler, John Kentucky 1755-1840 House 1797- 1807 Militia 

Franklin, Jesse North Carolina 1760-1823 House 1795- 1797 Militia 

Senate 1799- 1805; 1807- 1813 

(President Pro Thm 1804- 1805) 

Governor 1820-1821 

Freeman, Jonathan New Hampshire 1745-1808 House 1797- 1801 Militia 

Freylinghuysen, Frederick New Jersey 1753- 1804 Continental Congress 1778- 1779; 1782-1783 Militia 

Senate 1793- 1796 

Gale, George Maryland 1756- 1815 House 1789- 1791 Militia 

Galusha, Jonas Vermont 1753- 1834 Governor 1809- 1813; 1815- 1820 Militia 

Garrard, James Kentucky 1749- 1822 Governor 1796- 1804 Militia 

Giles, William Branch Virginia 1762-1830 House 1790-1798; 1801- 1803 Militia 

Senate 1803- 1815 

Governor 1827- 1830 

Gillespie, James North Carolina 1747- 1805 House 1793- 1799; 1803- 1805 Militia 

Gillon, Alexander South Carolina 1741-1794 House 1793- 1794 Militia 

Oilman, John Thylor New Hampshire 1753- 1828 Continental Congress 1782- 1783 Militia 

Governor 1794- 1805; 1813- 1816 

•Oilman, Nicholas New Hampshire 1755-1814 Continental Congress 1786- 1788 Continental 

House 1789- 1797 

Senate 1805- 1814 

276 
SOLDIER-STATESMEN OF THE EARLY REPUBLIC- CONTINUED 

Name State Birth/ National Office Military 

Death Service 

Glen, Henry New York 1739- 1814 House 1793- 1801 Continental 

Gloninger, John Pennsylvania 1758- 1836 House 1813 Militia 

Goode, Samuel Virginia 1756-1822 House 1799- 1801 Militia 

Goodhue, Benjamin Massachusetts 1748- 1814 House 1789- 1796 Militia 

Senate 1796-1800 

Goodrich, Elizur Connecticut 1761- 1849 House 1799- 1801 Militia 

Goodwyn, Peterson Virginia 1745- 1818 House 1803-1818 Militia 

Gordon, James New York 1739-1810 House 1791- 1795 Militia 

Gore, Christopher Massachusetts 1758- 1827 Minister to Great Britain 1796-1803 Militia 

Governor 1809- 1810 

Senate 1813-1816 

Grayson, William Virginia 1742-1790 Continental Congress 1785- 1787 Continental 

Senate 1789- 1790 

Greenup, Christopher Kentucky 1750- 1818 House 1792-1797 Continental 

Governor 1804-1808 

Gregg, Andrew Pennsylvania 1755-1835 House 1791- 1807 Militia 

Senate 1807- 1813 

(President Pro Tern 1809- 1810) 

Griffin, Isaac Pennsylvania 1756-1827 House 1813- 1817 Militia 

Griffin, Samuel Virginia ?- 1810 House 1789-1795 Continental 

Griswold, Stanley Ohio 1763-1815 Senate 1809 Militia 

Grout, Jonathan Massachusetts 1737- 1807 House 1789-1791 Militia 

Guerrard, Benjamin South Carolina 1740- 1788 Governor 1783- 1785 Militia 

Gunn, James Georgia 1753-1801 Senate 1789- 1801 Continental 

Habersham, Joseph Georgia 1751- 1815 Continental Congress 1783- 1784 Continental 

Postmaster General 1795- 1801 

Hall, Bolling Georgia 1767- 1836 House 1811- 1817 Militia 

Hall, David Delaware 1752- 1817 Governor 1802-1805 Continental 

Halsey, Silas New York 1743-1832 House 1805- 1807 Militia 

•Hamilton, Alexander New York 1757- 1804 Continental Congress 1782- 1783; 1787- 1788 Continental 

Secretary of the Treasury 1789-1795 

Hamilton, John Pennsylvania 1754- 1837 House 1805-1807 Militia 

Hamilton, Paul South Carolina 1762- 1816 Governor 1804- 1806 Militia 

Secretary of Navy 1809-1812 

Hammond, Samuel Georgia 1757-1842 House 1803- 1805 Militia 

Hampton, Wade South Carolina 1752- 1835 House 1795-1797; 1803- 1805 Continental 

Hancock, George Virginia 1754-1820 House 1793- 1797 Continental 

Hancock, John Massachusetts 1737- 1793 Continental Congress 1775-1780 Militia 

(President 1775-1777) 

Governor 1780- 1785; 1787-1793 

Handley, George Georgia 1752- 1793 Governor 1788- 1789 Continental 

Hanna, John Andre Pennsylvania c. 1761-1805 House 1797- 1805 Militia 

Harper, Robert Goodloe South Carolina 1765- 1825 House 1795-1801 Militia 

Maryland Senate 1816 

Harris, John New York 1760- 1824 House 1807-1809 Continental 

Harrison, Benjamin Virginia 1726- 1791 Continental Congress 1774- 1778 Continental 

Governor 1782-1784 

Harrison, Robert Hanson Maryland 1745- 1790 Supreme Court 1789- 1790 Continental 

Hartley, Thomas Pennsylvania 1748-1800 House 1789- 1800 Continental 

Hasbrouck, Josiah New York 1755-1821 House 1803- 1805; 1817- 1819 Militia 

Hathorn, John New York 1749- 1825 House 1789-1791; 1795-1797 Militia 

Haven, Nathaniel Appleton New Hampshire 1762- 1831 House 1809-1811 Privateer 

Hawkins, Benjamin North Carolina 1754-1818 Continental Congress 1781- 1784; 1786-1787 Continental 

Senate 1790- 1795 

Heath, John Virginia 1758- 1810 House 1793-1797 Militia 

Helms, William New Jersey ?-1813 House 1801- 1811 Continental 

Henderson, Thomas New Jersey 1743- 1824 House 1795-1797 Continental 

Henry, Patrick Virginia 1736-1799 Continental Congress 1774- 1776 Militia 

Governor 1776- 1779; 1784-1786 

Hiester, Daniel Maryland 1747-1804 House 1801 - 1804 Militia 

Hiester, John Pennsylvania 1745- 1821 House 1807-1809 Militia 

Hiester, Joseph Pennsylvania 1752- 1832 House 1797- 1805; 1815- 1820 Militia 

Governor 1820- 1824 

Hillhouse, James Connecticut 1754- 1832 House 1791-1796 Militia 

Senate 1796- 1810 

Hoge, John Pennsylvania 1760- 1824 

(President Pro Tern 1801) 

House 1804-1805 Continental 

277 
SOLDIER-STATESMEN OF THE EARLY REPUBLIC- CONTINUED 

Name State Birth/ National Office Military 

Death Service 

Holland, James North Carolina 1754-1823 House 1795- 1797; 1801- 1811 Militia 

Holten, Samuel Massachusetts 1738-1816 Continental Congress 1778- 1780; 1782- 1787 Militia 

House 1793- 1795 

Hopkins, Samuel Kentucky 1753-1819 House 1813- 1815 Continental 

Houston, John Georgia 1744-1796 Continental Congress 1775 Militia 

Governor 1778- 1779; 1784- 1785 

Howard, John Eager Maryland 1752- 1827 Continental Congress 1784- 1788 Continental 

Governor 1788- 1791 

Senate 1796- 1803 

(President Pro Tern 1800-1801) 

Howell, Richard New Jersey 1754-1802 Governor 1793- 1801 Continental 

Hubbard, Levi Massachusetts 1762-1836 House 1813- 1815 Militia 

Hufty, Jacob New Jersey ?- 1814 House 1809- 1814 Militia 

Huger, Daniel South Carolina 1742-1799 Continental Congress 1786- 1788 Militia 

House 1789- 1793 

Humphrey, Reuben New York 1757-1831 House 1807- 1809 Militia 

Humphreys, David Connecticut 1752-1818 Minister to Portugal 1791- 179(, Continental 

Minister to Spain 1796- 1801 

Hungerford, John Pratt Virginia 1761- 1833 House 1811; 1813- 1817 Militia 

Hunt, Samuel New Hampshire 1765-1807 House 1802- 1805 Militia 

Hunter, John South Carolina 1732- 1802 House 1793- 1795 Militia 

Senate 1796- 1798 

Huntington, Ebenezer Connecticut 1754-1834 House 1810- 1811; 1817- 1819 Continental 

Jlsley, Daniel Massachusetts 1740-1813 House 1807- 1809 Militia 

Imlay, James Henderson New Jersey 1764-1823 House 1797- 1801 Militia 

Irvine, William Pennsylvania 1741 -1804 Continental Congress 1786-1788 Continental 

House 1793- 1795 

Irwin, Jared Georgia 1751-1818 Governor 1796- 1798; 1806- 1809 Continental 

Jackson, George Virginia 1757- 1831 House 1795- 1797; 1799- 1803 Militia 

Jackson, James Georgia 1757- 1806 House 1789- 1792 Continental 

Senate 1793- 1795; 1801 - 1806 

Governor 1798- 1801 

Johnson, James Virginia ?- 1825 House 1813- 1820 Militia 

Johnson, Thomas Maryland 1732-1819 Continental Congress 1774-1777 Militia 

Governor 1777- 1779 

Supreme Court 1792- 1793 

Jones, George Georgia 1766-1838 Senate 1807 Militia 

Jones, Walter Virginia 1745- 1815 House 1797- 1799; 1803- 1811 Continental 

Jones, William Rhode Island 1753-1822 Governor 1811- 1817 Continental 

Jones, William Pennsylvania 1760-1831 House 1801- 1803 Militia 

Secretary of Navy 1813- 1814 

Key, Philip Barton Maryland 1757- 1815 House 1807- 1813 Loyalist 

Unit 

•King, Rufus Massachusetts 1755-1827 Continental Congress 1784- 1786 Militia 

New York Senate 1789- 1796; 1813- 1825 

Minister to Great Britain 1796- 1803; 1825- 1826 

Kitchell, Aaron New Jersey 1744- 1820 House 1791- 1793; 1795- 1797; 1799-1801 Militia 

Senate 1805- 1809 

Knox, Henry Massachusetts 1750-1806 Secretary at War 1785- 1789 Continental 

Secretary of War 1789- 1794 

•Langdon, John New Hampshire 1741-1819 Continental Congress 1775, 1787 Militia 

Governor 1785- 1786; 1788- 1789; 1805- 1809; 1810-1812 

Senate 1789-1801 

(President Pro Thm 1789- 1791; 1792- 1793) 

Larned, Simon Massachuselts 1753-1817 House 1804- 1805 Continental 

Latimer, Henry Delaware 1752-1819 House 1794- 1795 Continental 

Senate 1795- 1801 

Laurance, John New York 1750-1810 Continental Congress 1785- 1787 Continental 

House 1789- 1793 

Senate 1796- 1800 

(President Pro Thm 1798- 1799) 

Lee, Henry Virginia 1756-1818 Continental Congress 1785- 1788 Continental 

Governor 1791 - 1794 

House 1799- 1801 

Lee, Richard Henry Virginia 1732- 1794 Continental Congress 1774- 1780; 1784-1787 Militia 

(President 1784) 

Senate 1789- 1792 

278 
SOLDIER-STATESMEN OF THE EARLY REPUBLIC-CONTINUED 

Name State Birth/ National Office Military 

Death Service 

(President Pro Thm 1792) 

Lee, Thomas Sim Maryland 1745-1819 Governor 1779-1783; 1792- 1794 Militia 

Continental Congress 1783-1784 

Lcib, Michael Pennsylvania 1760-1822 House 1799-1806 Militia 

Senate 1809-1814 

Lewis, Morgan New York 1754-1844 Governor 1804-1807 Continental 

Lewis, Thomas Virginia ?-? House 1803-1804 Militia 

Lincoln, Levi Massachusetts 1749-1820 House 1800-1801 Militia 

Attorney General 1801- 1804 

Governor 1808-1809 

linn, James New Jersey 1749-1821 House 1799-1801 Militia 

Livingston, Henry Brockholst New York 1757-1823 Supreme Court 1806-1823 Continental 

•Livingston, William New Jersey 1723-1790 Continental Congress 1774- 1776 Militia 

Governor 1776- 1790 

Lloyd, James Maryland 1745- 1820 Senate 1798- 1800 Militia 

Lloyd, James Massachusetts 1769-1831 Senate 1808- 1813; 1822-1826 Militia 

Locke, Matthew North Carolina 1730-1801 House 1793- 1799 Militia 

Love, John Virginia ?-1822 House 1807-1811 Militia 

Lower, Christian Pennsylvania 1740-1806 House 1805-1806 Militia 

Lyle, Aaron Pennsylvania 1759-1825 House 1809-1817 Militia 

Lyman, Samuel Massachusetts 1749-1802 House 1795-1800 Militia 

Lyon, Matthew Vermont 1746-1822 House 1797-1801 Continental 

Kentucky House 1803-1811 

McCienachan, Blair Pennsylvania ?-1812 House 1797-1799 Militia 

McCord, Andrew New York c. 1754- 1808 House 1803-1805 Militia 

McCoy, William Virginia ?-1864 House 1811 - 1833 Militia 

McDowell, Joseph North Carolina 1756- 1801 House 1797- 1799 Militia 

McDowell, Joseph (P. G.) North Carolina 1758- 1799 House 1793- 1795 Militia 

•McHenry, James Maryland 1753- 1816 Continental Congress 1783- 1786 Continental 

Secretary of War 1796-1800 

McKean, Thomas Delaware 1774-1783 Continental Congress 1774-1783 Militia 

(President 1781) 

Pennsylvania Governor 1799-1808 

McKim, Alexander Maryland 1748-1832 House 1809-1815 Militia 

McKinley, John Delaware 1721-1796 Governor 1777 Militia 

Maclay, Samuel Pennsylvania 1741-1811 House 1795-1797 Militia 

Senate 1803-1809 

Maclay, William Pennsylvania 1734-1804 Senate 1789-1791 Continental 

McMinn, Joseph Tennessee 1758-1824 Governor 1815-1821 Militia 

Macon, Nathaniel North Carolina 1758- 1837 House 1791- 1815 Militia 

(Speaker 1801-1807) 

Senate 1815- 1828 

(President Pro Thm 1826-1827) 

Malbone, Francis Rhode Island 1759- 1809 House 1793- 1797 Militia 

Senate 1809 

Marshall, Humphrey Kentucky 1760-1841 Senate 1795- 1801 Militia 

Marshall, John Virginia 1755-1835 House 1799-1800 Continental 

Minister to France 1797-1798 

Secretary of State 1800-1801 

Supreme Court 1801-1835 

(Chief Justice 1801- 1835) 

Martin, Alexander North Carolina 1740-1807 Governor 1782- 1784; 1789-1792 Continental 

Continental Congress 1786-1787 

Senate 1793- 1799 

Martin, John Georgia c. 1730- 1786 Governor 1782- 1783 Continental 

Mason, Jonathan Massachusetts 1756-1831 Senate 1800-1803 Militia 

House 1817- 1820 

Mason, Stevens Thomson Virginia 1760-1803 Senate 1794-1803 Militia 

Mathews, George Georgia 1739- 1812 Governor 1787-1788; 1793-1796 Continental 

House 1789-1791 

Mathews, John South Carolina 1744-1802 Continental Congress 1778-1782 Militia 

Governor 1782-1783 

Mattoon, Ebenezer Massachusetts 1755-1843 House 1801-1803 Militia 

Mercer, John Francis Virginia 1759-1821 Continental Congress 1782-1785 Continental 

Maryland House 1792-1794 

Governor 1801 - 1803 

Meriwether, David Georgia 1755-1822 House 1802-1807 Militia 

279 
SOLDIER-STATESMEN OF THE EARLY REPUBLIC- CONTINUED 

Name State Birth/ National Office Military 

Death Service 

•Mifnin, Thomas Pennsylvanja 1744-1800 Continental Congress 1774; 1780-1784 Continental 

(President 1783- 1784} 

Governor 1789- 1799 

Milledge, John Georgia 1757-1818 House 1792- 1793; 1795- 1799; 1801- 1802 Militia 

Governor 1802- 1806 

Senate 1806- 1809 

(President Pro Thm 1809) 

Mitchell, Nathaniel Delaware 1753-1814 Continental Congress 1787- 1788 Continental 

Governor 1805- 1808 

Moffill, Hosea New York 1757-1825 House 1813- 18 17 Militia 

Monroe, James Virginia 1758- 1831 Continental Congress 1783- 1786 Continental 

Senate 1790- 1794 

Minister 10 France 1794- 1796; 1803 

Governor 1799- 1802; 1811 

Minister to Great Britain 1803- 1807 

Secretary of State 1811 - 1817 

Secretary of War 1814-1815 

President 1817- 1825 

Montgomery, William Pennsylvania 1736- 1816 Continental Congress 1785 

House 1793- 1795 

Moore, Alfred North Carolina 1755- 1810 Supreme Court 1799- 1804 Continental 

Moore, Andrew Virginia 1752-1821 House 1789-1797; 1804 Continental 

Senate 1804- 1809 

Moore, Nicholas Ruxton Maryland 1756-1816 House 1803- 1811; 1813- 1815 Continental 

Moore, Thomas South Carolina 1759- 1822 House 1801- 1813; 1815- 1817 Continental 

Morgan, Daniel Virgjnia 1736-1802 House 1797- 1799 Continental 

Morgan, James New Jersey 1756-1822 House 1811- 1813 Militia 

•Morris, Gouverneur New York 1752-1816 Continental Congress 1778-1779 Militia 

Minister to Great Britain 1790 

Minister to France 1792--1794 

Senate 1800-1803 

Morris, Lewis Richard Vermont 1760-1825 House 1797- 1803 Continental 

Morrow, John Virginia ?-? House 1805- 1809 Militia 

Moll, James New Jersey 1739- 1823 House 1801 - 1805 Militia 

Moultrie, William South Carolina 1730-1805 Governor 1785- 1787; 1793- 1795 Continental 

Muhlenberg, John Peter Gabriel Pennsylvania 1746-1807 House 1789- 1791; 1793- 1795; 1799- 1801 Continental 

Senate 1801 

Nelson, Roger Maryland 1759- 1815 House 1804- 1810 Continental 

Nelson. Thomas, Jr. Virginia 1738-1789 Continental Congress 1775- 1777; 1779- 1780 Militia 

Governor 1781- 1782 

Neville, Joseph Virginia 1730-1819 House 1793- 1795 Militia 

New, Anthony Virginia 1747- 1833 House 1793- 1805 Militia 

Kentucky House 1811 - 1813; 1821 - 1823 

Nicholas, Wilson Cary Virginia 1761- 1820 Senate 1799- 1804 Continental 

House 1807- 1809 

Governor 1814- 1817 

Nicholson, John New York 1765-1820 House 1809- 1811 Continental 

Niles, Nathaniel Vermont 1741 - 1828 House 1791 - 1795 Militia 

North, William New York 1755-1836 Senate 1798 Continental 

Ogden, Aaron New Jersey 1756-1839 Senate 1801 - 1803 Continental 

Governor 1812- 181 3 

Ogle, Benjamin Maryland 1749- 1809 Governor 1798-1801 Militia 

Olin, Gideon Vermont 1743- 1823 House 1803- 1807 Militia 

Osgood, Samuel Massachusells 1748-1813 Postmaster General 1789- 1791 Continental 

Page, John Virginia 1743-1808 House 1789- 1797 Militia 

Governor 1802- 1805 

Page, Robert Virginia 1765- 1840 House 1799- 1801 Militia 

Paine, Elijah Vermont 1757-1842 Senate 1795-1801 Militia 

Palmer, Beriah New York 1740-18 12 House 1803- 1805 Militia 

Parker, Josiah Virginia 1751-1810 House 1789-1801 Continental 

Parker, Nahum New Hampshire 1760-1839 Senate 1807-1810 Continental 

Paterson, John New York 1744- 1808 House 1803-1805 Continental 

Patten, John Delaware 1746-1800 Continental Congress 1785- 1786 Continental 

House 1793- 1794; 1795- 1797 

Peirce, Joseph New Hampshire 1748- 1812 House 1801 - 1802 Continental 

Pennington, William Sandford New Jersey 1757- 1826 Governor 1813- 1815 Continental 

Phelps, Oliver New York 1749-1809 House 1803- 1805 Militia 

280 
SOLDIER-STATESMEN OF THE EARLY REPUBLIC-CONTINUED 

Name Stale Birth/ National Office Military 

Death Service 

Pickens, Andrew South Carolina 1739-1817 House 1793- 1795 Militia 

Pickering, Timothy Massachusetts 1745- 1829 Senate 1803- 1811 Continental 

House 18 13-1817 

Pennsylvania Postmaster General 179 I - 1795 

Secretary of War 1795- 1796 

Secretary of State 1795- 1800 

•Pinckney, Charles South Carolina 1757- 1824 Continental Congress 1784-1787 Militia 

Governor 1789- 1792; 1796-1798; 1806- 1808 

Senate 1799-1801 

Minister to Spain 1801- 1804 

House 1819-1821 

•Pinckney, Charles Cotesworth South Carolina 1746- 1825 Minister to France 1796- 1797 Continental 

Pinckney, Thomas South Carolina 1750-1828 Governor 1787-1789 Continental 

Minister to Great Britain 1792- 1796 

Minister to Spain 1794- 1795 

House 1797- 1801 

Posey, Thomas Louisiana 1750- 1818 Senate 1812- 1813 Continental 

Governor of Indiana Territory 1813- 1816 

Potter, Elisha Reynolds Rhode Island 1764- 1835 House 1796- 1797; 1809- 1815 Militia 

Potter, Samuel John Rhode Island 1753-1804 Senate 1803-1804 Militia 

Potts, Richard Maryland 1753-1808 Continental Congress 1781- 1782 Militia 

Senate 1793-1796 

Powell, Levin Virginia 1731-1810 House 1799- 1801 Continental 

Pugh, John Pennsylvania 1761 - 1842 House 1805-1809 Continental 

Randolph, Beverly Virginia 1753-1797 Governor 1788- 1791 Militia 

Randolph, Edmund Jennings Virginia 1753- 1813 Continental Congress 1779- 1782 Continental 

Governor 1786-1788 

Attorney General 1790- 1794 

Secretary of State 1794- 1795 

Rea, John Pennsylvania 1755- 1829 House 1803- 1811; 1813- 1815 Militia 

Read, Jacob South Carolina 1751 - 1816 Continental Congress 1783-1786 Militia 

Senate 1795- 1801 

(President Pro Tern 1797- 1798) 

Reed, Joseph Pennsylvania 1741 - 1785 Continental Congress 1777- 1778 Continental 

Governor 1778-1781 

Reed, Philip Maryland 1760-1829 Senate 1806- 1813 Militia 

House 1817- 1819; 1822- 1823 

Rhea, John Tennessee 1753-1832 House 1803-1815; 1817-1823 Continental 

Richards, Matt hi as Pennsylvania 1758- 1830 House 1807-1811 Militia 

Riker, Samuel New York 1743-1823 House 1804- 1805; 1807- 1809 Militia 

Robinson, Jonathan Vermont 1756- 1819 Senate 1807- 1815 Militia 

Robinson, Moses Vermont 1742- 1813 Senate 1791-1796 Militia 

Rodney, Caesar Delaware 1728-1784 Continental Congress 1774- 1778; 1782- 1783 Militia 

Governor 1778- 1782 

Rutledge, Edward South Carolina 1749- 1800 Continental Congress 1774- 1777 Militia 

Governor 1798-1800 

Sage, Ebenezer New York 1755- 1834 House 1809- 1815 Continental 

Navy 

Sammons, Thomas New York 1762- 1838 House 1803- 1807; 1809- 1813 Militia 

Sands, Joshua New York 1757- 1835 House 1803-1805; 1825-1827 Militia 

Schoonmaker, Cornelius New York 1745-1796 House 1791 - 1793 Militia 

Corncliusen 

Schureman, James New Jersey 1756- 1824 Continental Congress 1786-1787 Militia 

House 1789- 1791; 1797- 1799; 1813- 1815 

Senate 1799-1801 

Schuyler, Philip John New York 1733-1804 Continental Congress 1775; 1779- 1780 Continental 

Senate 1789- 1791; 1797- 1798 

Scott, Charles Kentucky c. 1739- 1813 Governor 1808-1812 Continental 

Scudder, John Anderson New Jersey 1759- 1836 House 1810-1811 Militia 

Sedgwick, Theodore Massachusetts 1746-1813 Continental Congress 1785- 1788 Continental 

House 1789- 1796; 1799- 1801 

(Speaker 1799-1801) 

Senate 1796- 1799 

(President Pro lem 1798) 

Sevier, John North Carolina 1745-1815 House 1790- 1791 Militia 

Tennessee Governor 1796- 1801; 1803- 1809 

House 1811-1815 

281 
SOLDIER-STATESMEN OF THE EARLY REPUBLIC-CONTINUED 

Name State Birth/ National Office Military 

Death Service 

Shelby, Isaac Kentucky 1750-1826 Governor 1792- 1796; 1812-1816 Militia 

Shepard, William Massachusetts 1737-1817 House 1797- 1803 Continental 

Sherburne, John Samuel New Hampshire 1757- 1830 House 1793-1797 Militia 

Short, William Virginia 1759- 1849 Minister to Netherlands 1792-1794 Militia 

Minister to Spain 1794- 1795 

Minister to Portugal 1797- 1801 

Sinnickson, Thomas New Jersey 1744-1817 House 1789- 179 1; 1797-1799 Militia 

Skinner, Thomson Joseph Massachusetts 1752- 1809 House 1797- 1799; 1803- 1804 Militia 

Slaymaker, Amos Pennsylvania 1755-1837 House 1814- 1815 Militia 

Sloan, James New Jersey ?- 1811 House 1803- 1809 Continental 

Smallwood, William Maryland 1732-1792 Governor 1785- 1788 Continental 

Smith, Benjamin North Carolina ?- 1829 Governor 1810 Militia 

Smith, Daniel Tennessee 1748- 1818 Senate 1798- 1799; 1805- 1809 Continental 

Smith, George Pennsylvania ?-? House 1809-1813 Militia 

Smith, Isaac New Jersey 1740- 1807 House 1795- 1797 Militia 

Smith, Israel Vermont 1759- 1810 House 1791-1797; 1801 - 1803 Militia 

Senate 1803- 1807 

Governor 1807- 1808 

Smith, Jeremiah New Hampshire 1759-1842 House 1791- 1797 Militia 

Governor 1809-1810 

Smith, John New York 1752-1816 House 1800- 1804 Continental 

Senate 1804-1813 

Smith, John Virginia 1750-1836 House 1801- 1815 Militia 

Smith, Josiah Massachusetts 1738- 1803 House 1801- 1803 Continental 

Smith, Robert Maryland 1757- 1842 Secretary of the Navy 1801-1809 Privateer 

Secretary of State 1809-1811 

Smith, Samuel Maryland 1752- 1839 House 1793-1803; 1816- 1822 Continental 

Senate 1803- 1815; 1822-1823 

(President ProTem 1805- 1808) 

Smith, William South Carolina 1751-1837 House 1797- 1799 Militia 

Smith, William Stephens New York 1755- 1816 House 1813-1815 Continental 

Southard, Henry New Jersey 1747-1842 House 1801 - 1811; 1815- 1821 Militia 

•Spaight, Richard Dobbs North Carolina 1758-1802 Continental Congress 1783- 1785 Militia 

Governor 1792-1795 

House 1798- 1800 

Sprigg, Thomas Maryland 1747-1809 House 1793- 1797 Militia 

Stanton, Joseph, Jr. Rhode Island 1739- 1807 Senate 1790-1793 Militia 

House 1801 - 1807 

Stoddcrt, Benjamin Maryland 175 I - 1813 Secretary of the Navy 1798-1801 Continental 

Stone, John Hoskins Maryland 1745- 1804 Governor 1794- 1797 Continental 

Stone, Michael Jcnifcr Maryland 1747- 1812 House 1789-1791 Militia 

Storer, Clement New Hampshire 1760- 1830 House 1807-1809 Militia 

Senate 1817-1819 

Strong, William Vermont 1763-1840 House 1811 - 1815; 1819- 1821 Militia 

Stuart, Philip Maryland 1760- 1830 House 1811 - 1819 Continental 

Sturges, Lewis Burr Connecticut 1763- 1844 House 1805-1817 Continental 

Sullivan, John New Hampshire 1740-1795 Continental Congress 1774- 1775; 1780-1781 Cominemal 

Governor 1786- 1788; 1789- 1790 

Sumter, Thomas South Carolina 1734-1832 House 1789- 1793; 1797-1801 Continental 

Senate 1801-1810 

Swart, Peter New York 1752-1829 House 1807- 1809 Militia 

Swift, Zephaniah Connecticut 1759- 1823 House 1793- 1797 Continental 

Talbot, Silas New York 1751-1813 House 1793- 1795 Continental 

Taliaferro, Benjamin Georgia 1750- 1821 House 1799-1802 Continental 

Tallmadge, Benjamin Connecticut 1754-1835 House 1801 - 1817 Continental 

Tallman, Peleg Massachusetts 1764- 1840 House 1811 - 1813 Privateer 

Thnnehill, Adamson Pennsylvania 1750-1820 House 1813-1815 Continental 

Tatom, Absalom North Carolina 1742- 1802 House 1795- 1796 Continental 

Tattnall, Josiah Georgia 1764-1803 Senate 1796-1799 Militia 

Governor 1801- 1802 

Taylor, John ("of Caroline") Virginia 1754- 1824 Senate 1792-1794; 1803; 1822- 1824 Continental 

Tazewell, Henry Virginia 1753-1799 Senate 1794-1799 Militia 

(President ProTem 1795-1796) 

Tenney, Samuel New Hampshire 1748-1816 House 1800- 1807 Continental 

Thacher, George Massachusetts 1754-1824 Continental Congress 1787 Privateer 

House 1789-1801 

Thomas, David New York 1762-1831 House 1801- 1808 Continental 

282 
SOLDIER-STATESMEN OF THE EARLY REPUBLIC-CONTINUED 

Name Slale Birth/ National Office Mililary 

Dealh Service 

Thomas, Richard Pennsylvania 1744-1832 House 1795-1801 Militia 

Thompson, Joel New York 1760- 1843 House 1813- 1815 Militia 

Thompson, John New York 1749-1823 House 1799-1801; 1807-1811 Militia 

Thomson, Mark New Jersey 1739- 1803 House 1795- 1799 Militia 

Tichenor, Isaac Vermont 1754-1838 Senate 1796- 1797; 1815-1821 Continental 

Governor 1797- 1807; 1808- 1809 

Tillinghast, Thomas Rhode Island 1742- 1821 House 1797-1799; 1801-1803 Militia 

Todd, Thomas Kentucky 1765- 1826 Supreme Court 1807- 1826 Militia 

Tredwell, Thomas New York 1743- 1831 House 1791- 1795 Militia 

Trigg, Abram Virginia 1750-? House 1797-1809 Militia 

Trigg, John Johns Virginia 1748-1804 House 1797-1804 Militia 

Trumbull, Jonathan (Younger) Connecticut 1740- 1809 House 1789- 1795 Continental 

(Speaker 1791- 1793) 

Senate 1795-1796 

Governor 1797- 1809 

Tucker, Thomas Tudor South Carolina 1745- 1828 Continental Congress 1787- 1788 Continental 

House 1789- 1793 

Turner, Charles, Jr. Massachuseus 1760- 1839 House 1809-1813 Militia 

Turner, James North Carolina 1766- 1824 Governor 1802- 1805 Militia 

Senate 1805-1816 

lYier, John Virginia 1747-1813 Governor 1808- 1811 Militia 

Udrce, Daniel Pennsylvania 175 1- 1828 House 1813- 1815; 1820- 1821; 1822-1825 Militia 

Van Cortlandt, Philip New York 1749- 1831 House 1793- 1809 Continental 

Van Cortlandt, Pierre, Jr. New York 1762-1848 House 1811-1813 Militia 

Vanderhorst, Arnoldus South Carolina 1748- 1815 Governor 1794- 1796 Militia 

Van Gaasbeck, Peter New York 1.754- 1797 House 1793-1795 Militia 

Van Horne, Isaac Pennsylvania 1754- 1834 House 1801- 1805 Continental 

Van Rensselaer, Jeremiah New York 1738- 1810 House 1789- 1791 Continental 

Van Rensselaer, Killian Killian New York 1763- 1845 House 1801-1811 Continental 

Varnum, Joseph Bradley Massachuset!s 1751 - 1821 House 1795- 1811 Militia 

(Speaker 1809- 1811) 

Senate 1811 - 1817 

(President ProTem 1813-1814) 

Wadsworth, Jeremiah Connecticut 1743- 1804 Continental Congress 1788 Continental 

House 1789-1795 

Wadsworth, Peleg Massachuseus 1748- 1829 House 1793- 1807 Continental 

Walker, Benjamin New York 1753-1818 House 1801-1803 Continental 

Wa lker, John Virginia 1744- 1809 Continental Congress 1780 Continental 

Senate 1790 

Walton, George Georgia 1741- 1804 Continental Congress 1776- 1778; 1780-1781 ; 1787- 1788 Militia 

Governor 1779-1780; 1789 

Senate 1795- 1796 

Walton, Matthew Kentucky ?- 18 19 House 1803- 1807 Militia 

Ward, Artemas Massach use us 1727-1800 Continental Congress 1780-1 782 Continemal 

House 1791- 1795 

Washington, Bushrod Virginia 1762- 1829 Supreme Court 1798-1829 Militia 

*Washington, George Virginia 1732-1799 Continental Congress 1774- 1775 Continental 

President 1789-1797 

Watson, James New York 1750- 1806 Senate 1798- 1800 Continental 

Wayne, Anthony Georgia 1745-1796 House 1791 -1792 Continental 

Widgery, William Massachusetts c. 1753- 1822 House 1811- 1813 Continental 

Williams, Benjamin North Carolina 1751-1814 House 1793-1795 Continental 

Governor 1799- 1802; 1807- 1808 

Williams, John New York 1752-1806 House 1795-1799 

Williams, Lemuel Massachusetts 1747-1828 House 1799-1805 Continental 

*Williamson, Hugh North Carolina 1735-1819 Continental Congress 1782-1785; 1787- 1788 Militia 

House 1790- 1793 

Willis, Francis Georgia 1745-1829 House 1791-1793 Continental 

Wilson, Nathan New York 1758- 1834 House 1808- 1809 Continental 

Winder, Levin Maryland 1757-1819 Governor 1812- 1815 Continental 

Winn, Richard South Carolina 1750-18 18 House 1793-1797; 1803-1813 Continental 

Winston, Joseph North Carolina 1746- 1815 House 1793- 1795; 1803- 1807 Militia 

Witherell, James Vermont 1759-1838 House 1807-1808 Continental 

Wolcott, Oliver Connecticut 1726- 1797 Governor 1796-1797 Militia 

Wolcott, Oliver, Jr. Connecticut 1760- 1833 Secretary of Treasury 1795- 1800 Continental 

Governor 1817-1826 

Wood, James Virginia 1741 - 1813 Governor 1796- 1799 Continental 

283 
Name 

Wright, Robert 

284 

SOLDIER-STATESMEN OF THE EARLY REPUBLIC- CONTINUED 

State 

Maryland 

Birth/ 

Death 

1752- 1826 

National Office 

Senate 1801 - 1806 

Governor 1806-1809 

House 1810- 1817; 1821 - 1823 

Military 

Service 

Militia 
APPENDIX E 

Amendments to the Constitution 

(The first 10 Amendments were ratified December 15, 

1791, and form what is known as the "Bill of Rights") 

Amendment 1 

Congress shall make no law respecting an establishment 

of religion, or prohibiting the free exercise thereof; or 

abridging the freedom of speech, or of the press; or the 

right of the people peaceably to assemble, and to petition the Government for a redress of grievances. 

Amendment 2 

A well regulated Militia, being necessary to the security 

of a free State, the right of the people to keep and bear 

Arms, shall not be infringed. 

Amendment 3 

No Soldier shall, in time of peace be quartered in any 

house, without the consent of the Owner, nor in time of 

war, but in a manner to be prescribed by law. 

Amendment 4 

The right of the people to be secure in their persons, 

houses, papers, and effects, against unreasonable 

searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by 

Oath or affirmation, and particularly describing the 

place to be searched, and the persons or things to be 

seized. 

Amendment 5 

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presemment or indictment of a Grand Jury, except in cases arising in the land 

or naval forces, or in the Militia, when in actual service 

in time of War or public danger; nor shall any person be 

subject for the same offence to be twice put in jeopardy 

of life or limb; nor shall be compelled in any criminal 

case to be a witness against himself, nor be deprived of 

life, liberty, or property, without due process of law; nor 

shall private property be taken for public use, without 

just compensation . 

Amendment 6 

In all criminal prosecutions, the accused shall enjoy the 

right to a speedy and public trial, by an impartial jury of 

the State and district wherein the crime shall have been 

committed, which district shall have been previously ascertained by law, and to be informed of the nature and 

cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance 

of Counsel for his defence. 

Amendment 7 

In Suits at common law, where the value in controversy 

shall exceed twenty dollars, the right of trial by jury 

shall be preserved, and no fact tried by a jury, shall be 

otherwise re-examined in any Court of the United 

States, than according to the rules of the common law. 

Amendment 8 

Excessive bail shall not be required, nor excessive fines 

imposed, nor cruel and unusual punishments inflicted. 

Amendment 9 

The enumeration in the Constitution, of certain rights, 

shall not be construed to deny or disparage others retained by the people. 

Amendment I 0 

The powers not delegated to the United States by the 

Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. 

Amendment II 

(Ratified February 7, 1795) 

The Judicial power of the United States shall not be 

construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States 

by Citizens of another State, or by Citizens or Subjects 

of any Foreign State. 

Amendment I2 

(Ratified July 27, 1804) 

The Electors shall meet in their respective states and vote 

by ballot for President and Vice-President, one of 

whom, at least, shall not be an inhabitant of the same 

state with themselves; they shall name in their ballots the 

person voted for as President, and in distinct ballots the 

285 
person voted for as Vice-President, and they shall make 

distinct lists of all persons voted for as President, and of 

all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and 

certify, and transmit sealed to the seat of the government 

of the United States, directed to the President of the 

Senate;-The President of the Senate shall, in the presence of the Senate and House of Representatives, open 

all the certificates and the votes shall then be counted;-

The person having the greatest number of votes for President, shall be the President, if such number be a 

majority of the whole number of Electors appointed; 

and if no person have such majority, then from the persons having the highest lUmbers not exceeding three on 

the list of those vot<"d for as President, the House of 

Representatives shall choose immediately, by ballot, the 

President. But in choosing the President, the votes shall 

be taken by states, the representation from each state 

having one vote; a quorum for this purpose shall consist 

of a member or members from two-thirds of the states, 

and a majority of all the states shall be necessary to a 

choice. And if the House of Representatives shall not 

choose a President whenever the right of choice shall 

devolve upon them, before the fourth day of March next 

following, then the Vice-President shall act as President, 

as in the case of the death or other constitutional disability of the President.- The person having the greatest 

number of votes as Vice-President, shall be the VicePresident, if such number be a majority of the whole 

number of Electors appointed, and if no person have a 

majority, then from the two highest numbers on the list, 

the Senate shall choose the Vice-President; a quorum 

for the purpose shall consist of two-thirds of the whole 

number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be 

eligible to that of Vice-President of the United States. 

Amendment 13 

(Ratified December 6, 1865) 

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall 

have been duly convicted, shall exist within the United 

States, or any place subject to their jurisdiction. 

Section 2. Congress shall have power to enforce this 

article by appropriate legislation. 

Amendment 14 

(Ratified July 9, 1868) 

Section 1. All persons born or naturalized in the United 

States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they 

286 

reside. No State shall make or enforce any law which 

shall abridge the privileges or immunities of citizens of 

the United States; nor shall any State deprive any person 

of life, liberty, or property, without due process of law; 

nor deny to any person within its jurisdiction the equal 

protection of the laws. 

Section 2. Representatives shall be apportioned among 

the several States according to their respective numbers, 

counting the whole number of persons in each State, 

excluding Indians not taxed. But when the right to vote 

at any election for the choice of electors for President 

and Vice President of the United States, Representatives 

in Congress, the Executive and Judicial officers of a 

State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being 

twenty-one years of age, and citizens of the United 

States, or in any way abridged, except for participation 

in rebellion, or other crime, the basis of representation 

therein shall be reduced in the proportion which the 

number of such male citizens shall bear to the whole 

number of male citizens twenty-one years of age in such 

State. 

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the 

United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an 

officer of the United States, or as a member of any State 

legislature, or as an executive or judicial officer of any 

State, to support the Constitution of the United States, 

shall have engaged in insurrection or rebellion against 

the same, or given aid or comfort to the enemies thereof. 

But Congress may by a vote of two-thirds of each 

House, remove such disability. 

Section 4. The validity of the public debt of the United 

States, authorized by law, including debts incurred for 

payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall 

assume or pay any debt or obligation incurred in aid of 

insurrection or rebelli.on against the United States, or 

any claim for the loss or emancipation of any slave; but 

all such debts, obligations and claims shall be held illegal and void. 

Section 5. The Congress shall have power to enforce, by 

appropriate legislation, the provisions of this article. 

Amendment 15 

(Ratified February 3, 1870) 

Section 1. The right of citizens of the United States to 

vote shall not be denied or abridged by the United States 

or by any State on account of race, color, or previous 

condition of servitude. 
Section 2. The Congress shall have power to enforce this 

article by appropriate legislation. 

Amendment 16 

(Ratified February 3, 1913) 

The Congress shall have power to lay and collect taxes 

on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. 

Amendment 17 

(Ratified April 8, 1913) 

The Senate of the United States shall be composed of 

two Senators from each State, elected by the people 

thereof for six years; and each Senator shall have one 

vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch 

of the State legislatures. 

When vacancies happen in the representation ·of any 

State in the Senate, the executive authority of such State 

shall issue writs of eJection to fill such vacancies: Provided, That the legislature of any State may empower 

the executive thereof to make temporary appointments 

until the people fill the vacancies by election as the legislature may direct. 

This amendment shall not be so construed as to 

affect the election or term of any Senator chosen before 

it becomes valid as part of the Constitution. 

Amendment 18 

(Ratified January 16, 1919. Repealed December 5, 1933 

by Amendment 21) 

Section 1. After one year from the ratification of this 

article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or 

the exportation thereof from the United States and all 

territory subject to the jurisdiction thereof for beverage 

purposes is hereby prohibited. 

Section 2. The Congress and the several States shall have 

concurrent power to enforce this article by appropriate 

legislation. 

Section 3. This article shall be inoperative unless it shall 

have been ratified as an amendment to the Constitution 

by the legislatures of the several States as provided in the 

Constitution, within seven years from the date of the 

submission hereof to the States by the Congress. 

Amendment 19 

(Ratified August 18, 1920) 

The right of citizens of the United States to vote shall 

not be denied or abridged by the United States or by any 

State on account of sex. 

Congress shall have power to enforce this article by appropriate legislation. 

Amendment 20 

(Ratified January 23, 1933) 

Section 1. The terms of the President and Vice President 

shall end at noon on the 20th day of January, and the 

terms of Senators and Representatives at noon on the 3d 

day of January, of the years in which such terms would 

have ended if this article had not been ratified; and the 

terms of their successors shall then begin. 

Section 2. The Congress shall assemble at least once in 

every year, and such meeting shall begin at noon on the 

3d day of January, unless they shall by law appoint a 

different day. 

Section 3. If, at the time fixed for the beginning of the 

term of the President, the President elect shall have died, 

the Vice President elect shall become President. If a 

President shall not have been chosen before the time 

fixed for the beginning of his term, or if the President 

elect shall have failed to qualify, then the Vice President 

elect shall act as President until a President shall have 

qualified; and the Congress may by law provide for the 

case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then 

act as President, or the manner in which one who is to 

act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified. 

Section 4. The Congress may by law provide for the case 

of the death of any of the persons from whom the 

House of Representatives may choose a President whenever the right of choice shall have devolved upon them, 

and for the case of the death of any of the persons from 

whom the Senate may choose a Vice President whenever 

the right of choice shall have devolved upon them. 

Section 5. Sections I and 2 shall take effect on the 15th 

day of October following the ratification of this article. 

Section 6. This article shall be inoperative unless it shall 

have been ratified as an amendment to the Constitution 

by the legislatures of three-fourths of the several States 

within seven years from the date of its submission. 

Amendment 21 

(Ratified December 5, 1933) 

Section 1. The eighteenth article of amendment to the 

Constitution of the United States is hereby repealed. 

Section 2. The transportation or importation into any 

State, Territory, or possession of the United States for 

delivery or use therein of intoxicating liquors, in viola287 
tion of the laws thereof, is hereby prohibited. 

Section 3. This article shall be inoperative unless it shall 

have been ratified as an amendment to the Constitution 

by conventions in the several States, as provided in the 

Constitution, within seven years from the date of the 

submission hereof to the States by the Congress. 

Amendment 22 

(Ratified February 27, 1951) 

Section 1. No person shall be elected to the office of the 

President more than twice, and no person who has held 

the office of President, or acted as President, for more 

than two years of a term to which some other person was 

elected President shall be elected to the office of the 

President more than once. But this Article shall not apply to any person holding the office of President when 

this Article was proposed by the Congress, and shall not 

prevent any person who may be holding the office of 

President, or acting as President, during the term within 

which this Article becomes operative from holding the 

office of President or acting as President during the 

remainder of such term. 

Section 2. This article shall be inoperative unless it shall 

have been ratified as an amendment to the Constitution 

by the legislatures of three-fourths of the several States 

within seven years from the date of its submission to the 

States by the Congress. 

Amendment 23 

(Ratified March 29, 1961) 

Section 1. The District constituting the seat of Government of the United States shall appoint in such manner 

as the Congress may direct: 

A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be 

entitled if it were a State, but in no event more than the 

least populous State; they shall be in addition to those 

appointed by the States, but they shall be considered, for 

the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall 

meet in the District and perform such duties as provided 

by the twelfth article of amendment. 

Section 2. The Congress shall have power to enforce this 

article by appropriate legislation. 

Amendment 24 

(Ratified January 23, 1964) 

Section 1. The right of citizens of the United States to 

vote in any primary or other election for President or 

Vice President, for electors for President or Vice Presi288 

dent, or for Senator or Representative in Congress, shall 

not be denied or abridged by the United States or any 

State by reason of failure to pay any poll tax or other 

tax. 

Section 2. The Congress shall have power to enforce this 

article by appropriate legislation. 

Amendment 25 

(Ratified February 10, 1967) 

Section 1. In case of the removal of the President from 

office or of his death or resignation, the Vice President 

shall become President. 

Section 2. Whenever there is a vacancy in the office of 

the Vice President, the President shall nominate a Vice 

President who shall take office upon confirmation by a 

majority vote of both Houses of Congress. 

Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the 

House of Representatives his written declaration that he 

is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration 

to the contrary, such powers and duties shall be discharged by the Vice President as Acting President. 

Section 4. Whenever the Vice President and a majority 

of either the principal officers of the executive departments or of such other body as Congress may by law 

provide, transmit to the President pro tempore of the 

Senate and the Speaker of the House of Representatives 

their written declaration that the President is unable to 

discharge the powers and duties of his office, the Vice 

President shall immediately assume the powers and duties of the office as Acting President. 

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the 

House of Representatives his written declaration that no 

inability exists, he shall resume the powers and duties of 

his office unless the Vice President and a majority of 

either the principal officers of the executive department 

or of such other body as Congress may by law provide, 

transmit within four days to the President pro tempore 

of the Senate and the Speaker of the House of Representatives their written declaration that the President is 

unable to discharge the powers and duties of his office. 

Thereupon Congress shall decide the issue, assembling 

within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is 

not in session, within twenty-one days after Congress is 

required to assemble, determines by two-thirds vote of 

both Houses that the President is unable to discharge 

the powers and duties of his office, the Vice President 

shall continue to discharge the same as Acting President; 

otherwise, the President shall resume the powers and 
duties of his office. 

Amendment 26 

(Ratified July 1, 1971) 

Section 1. The right of citizens of the United States, who 

are eighteen years of age or older, to vote shall not be 

denied or abridged by the United States or by any State 

on account of age. 

Section 2. The Congress shall have power to enforce this 

article by appropriate legislation. 

289 

SELECTED FURTHER READINGS 

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Anderson, Fred. A People's Army: Massachusetts Soldiers and Society in the Seven Years' War. Chapel 

Hill: University of North Carolina Press, 1984. 

Andrews, Charles M. The Colonial Background of the 

American Revolution. rev. ed. New Haven: Yale University Press, 1931. 

Bailyn, Bernard. Ideological Origins of the American 

Revolution. Cambridge, Mass.: Harvard University 

Press, 1967. 

--. The Origin of American Politics. New York: 

Knopf, 1968. 

Bakeless, John, and Bakeless, Katherine. Signers of the 

Declaration. Boston: Houghton Mifflin, 1969. 

Bancroft, George. History of the Formation of the Constitution of the United States of America. New York: 

D. Appleton, 1885. 

Beard, Charles A. An Economic Interpretation of the 

Constitution of the United States. New York: Macmillan, 1913. 

Becker, Carl L. The Declaration of Independence, A 

Study in the History of Political Ideas. New York: 

Harcourt, Brace, 1922. 

Bell, Whitfield J. "The Federal Processions of 1788." 

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Benton, William A. Whig-Loyalism: An Aspect of Political Ideology in the American Revolutionary Era. 

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Bernath, Stuart L. "George Washington and the Genesis 

of American Military Discipline." Mid-America 49 

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Billias, George A., ed. George Washington's Generals. 

New York: W. Morrow, 1964. 

Billington, R. A., ed. The Reinterpretation of Early 

American History. San Marino, Calif.: Huntington 

Library, 1966. 

Bloom, Sol. The Story of the Constitution. Washington: 

United States Constitution Sesquicentennial Commission, 1937. 

Bowen, Catherine D. Miracle at Philadelphia: The Story 

of the Constitutional Convention, May to September, 

1787. Boston: Little, Brown, 1966. 

Boyd, Julian P. "The Disputed Authorship of the Declaration on the Causes and Necessity of Taking up 

Arms, 1775." Pennsylvania Magazine of History and 

Biography 74 (January 1950): 51- 73. 

Bradsher, James Gregory. "Preserving the Revolution: 

Civil-Military Relations during the American War for 

Independence 1775-1783." Ph.D. dissertation, University of Massachusetts, 1984. 

Brant, Irving. James Madison. 6 vols. Indianapolis: 

Bobbs-Merrill, 1941- 1961. 

--. The Bill of Rights; Its Origin and Meaning. Indianapolis: Bobbs-Merrill, 1965. 

Bridenbaugh, Carl B. The Spirit of '76: The Growth of 

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York: Oxford University Press, 1975. 

Brown, Alan S. "The Role of the Army in Western Settlement: Josiah Harmar's Command, 1785- 1790." 

Pennsylvania Magazine of History and Biography 93 

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Brown, Robert E. Middle-Class Democracy and the 

Revolution in Massachusetts, 1691- 1780. Ithaca: 

Cornell University Press, 1955. 

--. Reinterpretation of the Formation of the American Constitution. Boston: Boston University Press, 

1963. 

Brundage, Lyle D. "The Organization, Administration 

and Training of the United States Ordinary and Volunteer Militia 1792- 1861." Ph.D. dissertation, University of Michigan, 1959. 

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dissertation, Northwestern University, 1972. 

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Burnett, Edmund C. The Continental Congress. New 

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