Part 10

It took the Congressmen themselves longer to arrive from their various states, however, than they had expected. John Adams, the Vice-President, did not arrive until April 22 from Massachusetts to take his oath of office. Washington had much farther to travel than did John Adams and had many preparations to make before leaving Mount Vernon. He visited Fredericksburg to bid his mother farewell and traveled via stagecoach through Maryland, Delaware and Pennsylvania to New York. Roads were in poor condition making traveling very slow and Washington was such a prominent figure that he was stopped along the way by his old friends, especially in New Jersey. One significant incident was his welcome at Trenton, New Jersey, part of which consisted of a presentation of flowers by thirteen young ladies dressed in white, symbolic of the thirteen stars of the flag of the United States and of the thirteen states that had honored him by electing him to the Presidency. When he arrived at the New York ferry, thirteen sailors in red, white and blue uniforms were waiting to row him across the Hudson River to New York City. On April 30, 1789, Washington took his official oath of office in Federal Hall as the first President of the United States. A marble statue stands today on the spot on Wall Street where this event took place. New York became the first capital city of the United States. Since the capital was changed to Philadelphia in the following year, Washington was the only President of the United States to be inaugurated in New York City.

_State and National Events (1789-1860)_

Since Washington was a strong believer in the Constitution of the United States and had put forth much effort in getting it ratified, he tried conscientiously to set up a government satisfactory to all Americans. He wisely used his talent of recognizing individuals with a particular skill when he selected his first cabinet to advise him: Thomas Jefferson (Virginia), Secretary of Foreign Affairs, Alexander Hamilton (New York), Secretary of the Treasury, and Henry Knox (Massachusetts), Secretary of War. Edmund Randolph, a Virginian, was appointed Attorney-General, but this office did not become a cabinet post until 1814. The men holding these positions for the first time had a heavy responsibility in deciding specifically the range of duties each position should include and in properly carrying out these duties.

The practice of "log-rolling," defined as the "joining together of politicians to mutually further each other's plans of activities," was followed at this early time of our new government. The question had arisen in Congress whether or not Congress should assume the state debts, most of which had been accumulated during the Revolutionary War. The Congressmen who favored such assumption believed that such action would not only tend to strengthen security and confidence of the American people in their new government but would also make it easier for the United States to borrow money, either at home or from a foreign country. Since Virginia and many of the Southern States had already assumed and had paid most of their debts, the Virginia legislature opposed this bill strongly in 1790 and believed that it placed an unjust hardship upon the State. This state legislative objection was the first official

## action of a state against a federal bill. Since the Northern States

preferred a location in the north for the national capital, Hamilton and Jefferson encouraged their friends to vote for each other's proposals. Hamilton's friends in the north voted for locating the capital along the Potomac in return for Jefferson's friends in the south voting for the assumption of state debts by the national government.

There had been discussion for a long time about changing the location of the national capital from New York City to a more central location along the Atlantic seaboard. When a site along the Potomac River was finally agreed upon, Maryland and Virginia agreed to cede part of its land for the establishment of a Federal District to become the seat of government of the United States. On December 3, 1789, Virginia ceded thirty and three-quarters square miles of land including the town of Alexandria and part of Fairfax County. The stone locating the original southern corner boundary, officially laid by Dr. Elisha Cullen Dick, may still be seen near Jones Point, Alexandria.

Early efforts to commercialize waterways materialized in 1790. One of the earliest commercial canals built in either Virginia or in the United States as a whole was the James River Canal. It was constructed by the James River Company, and, although it was only seven miles in length, it connected Richmond with Westham and was parallel to the James River. This marked the beginning of the canal-building era in the United States.

An event which affected the United States and the State of Virginia occurred in 1792 when Kentucky was admitted into the Union as the fifteenth state (Vermont had entered as the fourteenth one in 1791). This action deprived the State of Virginia of approximately 75,000 inhabitants, of 40,395 square miles of territory and of nine counties. Kentucky was originally part of Fincastle County, Virginia and later had gained status as an independent county in Virginia, called Kentucky County. Virginia gave the necessary consent for the independence of Kentucky, required before statehood could be granted. The boundaries of the State of Virginia thereafter remained fixed from 1792 until 1861 when West Virginia became a separate state.

Washington, during his Presidency, showed his ability to lead in civilian affairs as well as in military affairs. His diplomatic ability predominated in the torn loyalty toward England and toward France when these nations fought each other in 1793: he issued the Neutrality Proclamation whereby the United States would take neither side in this conflict. Throughout his two terms, he created precedents and made decisions of lasting value for the United States. Such a precedent was his refusal to run for a third time as President of the United States, a precedent which was not broken until 1940 when Franklin D. Roosevelt accepted the nomination for the Presidency.

While Washington was President, the population of Virginia continued to grow. Six new counties were created during this period: Wythe (formed from Montgomery County with later additions from Montgomery and Grayson Counties and named in honor of George Wythe, a Virginia signer of the Declaration of Independence, a famous lawyer and the first Professor of Law in the United States), Mathews (formed from Gloucester County and named for Major Thomas Mathews of the Revolutionary War), Bath (formed from Augusta, Botetourt and Greenbrier Counties and named because of the medicinal springs located in the area), Grayson (formed from Wythe County and, later, additions from Patrick County and named for Colonel William Grayson, a United States Senator from Virginia), Lee (formed from Russell County and, later, additions from Scott County and named for General Henry Lee, Governor of Virginia, as well as an outstanding military leader), and Madison (formed from Culpeper County and named for James Madison, a state legislator and member of the United States House of Representatives during this period).

After John Adams had been elected to the Presidency in 1796, the Democratic-Republican Party began to use the typical political method of attacking the party in power, namely the Federalists, through newspaper articles and through written pamphlets. Since many of the foreigners who had come to America at this time were Democratic-Republican in their political beliefs, numerous articles criticizing President John Adams and his administration were written by them. In order to combat these political attacks, the Federalist leaders were responsible for getting two most unusual laws passed: the Alien and Sedition Laws. The Alien Act provided that the residence time required of foreigners for naturalization (the process whereby a foreigner becomes a citizen) was to be fourteen years instead of five years and that the President was henceforth authorized to imprison or deport without trial foreigners whom he considered dangerous to the peace and safety of the United States or to allow others to remain. The Sedition Act stated that any person convicted of defaming, either by spoken or by written word, the government of the United States or the President of the United States or the Congress of the United States was subject to a fine of not more than $2,000 and to imprisonment for not more than two years.

Several Federalists considered the passage of these laws unjust. Thomas Jefferson, the Vice-President of the United States at the time of their passage, decided to attract the attention of voters to the passage of such laws. He drew up resolutions in 1789 which stated that: (1) the Alien and Sedition Laws were unconstitutional because the President of the United States had no power to imprison or deport any person without a judicial trial and because Congress did not have the right to limit the freedom of speech and of press and (2) since the Union was a compact of states and since the federal government had only the particular powers granted to it by the states, each state had the right to decide the constitutionality of Congressional laws. Because these resolutions were first introduced into the Kentucky legislature, they were later called the Kentucky Resolutions. At the same time, James Madison drew up similar resolutions which were introduced into the Virginia Assembly. The Virginia Resolutions are significant since they explain the theory of "strict construction" (that the federal government has only those powers specifically delegated to it) and they illustrate the strong "states' rights" feeling which existed in the State of Virginia. Virginia and Kentucky were the only two states to openly protest the Alien and Sedition Acts. Many of the northern states denied on this occasion the right of a state to judge a federal law. They affirmed, on the contrary, the belief that only the federal courts can decide the constitutionality of a federal law.

On December 14, 1799, George Washington died at Mount Vernon where he had retired after his Presidency. His military genius and brilliant statesmanship are probably best summarized in the "Funeral Oration upon President Washington" by Henry Lee in his now-famous phrase: "First in War, First in Peace and First in the Hearts of His Countrymen."

In 1800, Virginia was considered first among the sixteen states of the Union (Vermont, Kentucky and Tennessee having been admitted into the Union before 1800) in wealth and in population: 447,800 whites and 359,777 Negroes. The influence of Virginia in the political, economic and social life of the country was a profound one. The majority of residents now consisted of "average" individuals who regarded the democratic ideas of Thomas Jefferson as a basic philosophy for everyday living. The polite courtesy and hospitality of the olden days still remained, but many of the traditional, dignified ceremonies had become outmoded. The descendants of the aristocratic planters of the early nineteenth century were usually people of limited means and limited acreage because the war and its aftermath had decreased much of their wealth. However, the typical Virginian who could afford it still preferred to live in the country, own horses, dogs and fine cattle, enjoy fox hunting and the social gatherings of friends, celebrate traditional activities and understand and cherish the rich heritage which was theirs.

In 1800, Thomas Jefferson, a native of Shadwell, Virginia, was elected third President of the United States. He was the first President to be inaugurated at Washington, D. C. His ideas concerning government were so numerous and thought-provoking that his political philosophy has been termed "Jeffersonian Democracy." He had strong faith in the ability of the common man, believed in government economy and practiced this belief throughout his administration. He exhibited his broadmindedness by allowing many government officials of opposite political party beliefs to retain their same positions after he became President and he was a strong advocate of States' Rights. After Jefferson became President, he appointed John Marshall of Germantown and Richmond as Chief Justice of the Supreme Court of the United States. Marshall had been a member of the state legislature, an outstanding lawyer, a Congressman and had served as Secretary of State under President John Adams. John Marshall remained Chief Justice for thirty-four years and holds the record for length of service on the Supreme Court of the United States. He was personally responsible for creating a strong foundation for the Supreme Court. Although he was the second Chief Justice of the Supreme Court, it was during his judgeship that for the first time, a Congressional law was declared unconstitutional in the case of Marbury versus Madison. This decision greatly strengthened the theory of judicial review of national legislation. It is interesting to note that John Marshall was as strong a Federalist as his cousin, Thomas Jefferson, was a strong "States' Rights" man.

While Jefferson as President was solving national problems, his home state was solving problems, too. In August 1800, Virginia had its first organized slave insurrection. Led by Gabriel, approximately one thousand slaves in the area around Richmond decided to march on Richmond and massacre the white inhabitants there. However, at the scheduled time for the march to begin, a severe rainstorm delayed the march. During the delay, Pharaoh, one of the Negroes, decided to warn the Richmonders of their impending disaster. In spite of the heavy rains and the fact that it became necessary for him to swim certain swollen streams without being caught by one of his own group, he continued to Richmond and warned the authorities in time. He informed them of the proposed plan to kill the male inhabitants, capture the women inhabitants, seize the public arms and create a general slave insurrection. Consequently, the conspirators, including Gabriel, were caught, convicted and executed. The Virginia Assembly rewarded Pharaoh for his courageous act by giving him complete freedom.

While the State of Virginia was increasing its counties, the United States was beginning to expand beyond its original boundary established after the Revolutionary War. President Jefferson had heard rumors that Spain had ceded Louisiana back to France in secret diplomatic relations. If true, such a condition could ruin American trade along the Mississippi River and could suggest a possibility of a French empire in America. Jefferson decided to have the government of the United States purchase the Island of Orleans, near the mouth of the Mississippi River. After the United States Ambassador to France had been unable to purchase only the Island of Orleans, Jefferson sent James Monroe, a native of Westmoreland County, to assist the Ambassador. In 1803, the treaty making the purchase of Louisiana, that vast area of land west of the Mississippi, official was ratified by the United States. This purchase added 827,000 square miles to the area of the land under the jurisdiction of the United States government at the cost of $15,000,000.

President Jefferson was also very much interested in the Oregon Country. He had made frequent attempts to have this region explored but all his attempts were unsuccessful. However, after the purchase of Louisiana, he persuaded the federal government to finance, by means of a $2500 appropriation, an official government expedition to make the first overland route to the Pacific Ocean and to explore the region which the United States had recently acquired. He selected Captain Meriwether Lewis of Ivy, Virginia, to head this expedition and Lieutenant William Clark, a very close Virginian friend of Lewis' to accompany him. Their group left St. Louis in the spring of 1804, traveled up the Missouri River, spent a rigid winter in an area now located in North Dakota, continued traveling up the Missouri in the spring of 1805, crossed the Rocky Mountains, and built and paddled canoes until they reached the mouth of the Columbia River in November, 1805. There they built a fort near the present site of Astoria. They remained on the Pacific Coast during the winter and returned to St. Louis in 1806. Lewis and Clark were aided considerably in their travel route directions by an Indian woman guide, Sacajawea. This expedition to the Northwest furnished the best claim of the United States in later ownership disputes with England.

Aaron Burr, long the political opponent of Alexander Hamilton, lived in Petersburg. In 1807, Burr was accused of a conspiracy to invade Mexico, to snatch it from Spanish control and to establish an independent Mexican government with himself as the self-appointed ruler. Furthermore, he was accused of having laid plans for setting up a government in the western territory of the United States with the objective of eventually organizing this area into a separate, independent government with himself the self-appointed ruler. Burr was officially tried on a charge of treason at the State Capitol Building in Richmond. Chief Justice John Marshall was the presiding judge. Jefferson, who had disliked Burr for political reasons for a long time and who believed that Burr was guilty of the aforementioned treasonous actions, wanted Burr convicted. Although the trial involved many political entanglements, Burr was finally acquitted.

During the same year, Virginia made national headlines again when the "Leopard-Chesapeake" Affair took place. France and Britain had been having personnel problems with their navy crews, each accusing the other of trying to encourage desertions. Britain had sent a fleet over to Norfolk in an attempt to intercept some French ships harbored in the Chesapeake Bay. One of the British ships had its entire crew desert, and it was believed that they had dashed to Norfolk and would be hiring out soon on a French or American ship. The British captain of the fleet had been informed that these crew members supposedly had enlisted on the "Chesapeake," a new American naval vessel. A British vessel, the "Leopard," was ordered to search the "Chesapeake" outside the jurisdiction of the United States. Consequently, the "Leopard" followed the "Chesapeake" out beyond Cape Henry and then demanded that the "Chesapeake" be searched by British officers. When the "Chesapeake," under the command of Commodore James Barron, denied having any deserters and refused the right to search, the "Leopard" approached very closely the "Chesapeake" and fired at it broadside. Three Americans were killed, seventeen others wounded and four deserters were surprisingly found aboard the "Chesapeake." Although many Americans clamored for war as a result of this incident, Jefferson, who still preferred peace, retaliated by having Congress pass the Embargo Act whereby no American ship could depart for any foreign port. Jefferson believed the lack of American exports would cause the countries of Europe to cease the practice of impressment of American seamen. The Americans, however, suffered more from this act than did the French and the British; eventually, it was repealed and a law was passed allowing American vessels to trade with any country except England and France. By the end of Jefferson's administration, nevertheless, the American people were very restless, and in some sections of the country war was believed to be inevitable with England or with France.

On March 4, 1809, Virginia had another one of her sons, James Madison, inaugurated as President of the United States. He was born in Port Conway, Virginia, and, after graduating from Princeton, he had fought in the Revolutionary War. He had served in the state legislature, had been a member of the Second Continental Congress, had been a member of the Constitutional Convention in Philadelphia where he had earned the title "Father of the Constitution of the United States" and had contributed to the "Federalist" papers encouraging the adoption of the Constitution. After serving in the United States House of Representatives, he had retired from national politics and had centered his interest upon state government functions. He had written the "Virginia Resolutions" and had served as United States Secretary of State at the request of President Jefferson. Therefore, he came to the Presidency well prepared to assume presidential duties.

In contrast with his desire for peace, Madison held the office of President of the United States during the War of 1812 with England. Only a few battles were fought near Virginia in this war. The British had as one of their objectives the capture of the City of Norfolk. George Cockburn, a British Admiral, entered Chesapeake Bay with a fleet of approximately 1800 men, and they plundered many plantations along the coast of Maryland and Virginia. An American ship, the "U. S. S. Dolphin," was captured by the British ship, "St. Domingo," in the Rappahannock River. A sea battle was later fought at Craney Island, located at the entrance of Norfolk Harbor where American sailors, marines and militia men were defending the small island. As the British rowed toward the island shore on barges, heavy artillery fire sank many of the boats causing hundreds of the Britishers to drown. The British subsequently withdrew and Norfolk escaped serious damage. The British soon desired to attack Hampton. They successfully pillaged the town and proceeded to the Carolinas. Several Virginians participated in the War of 1812 and the students of Hampden-Sydney College, as in the Revolutionary War, volunteered as an entire student body to fight for their country.

Virginia became a famous place of refuge during the War of 1812. When the British invaded Washington in August 1814, President Madison and his wife, Dolly Madison, fled from the White House on August 24 to Salona, a house located in Falls Church. It is believed that Dolly Madison crossed the Chain Bridge over the Potomac River and traveled rapidly over the secondary roads until she finally reached the house of Reverend and Mrs. William Maffitt. Dolly Madison carried with her the Declaration of Independence and the famous portrait of George Washington painted by Gilbert Stuart. Mrs. Maffitt quickly admitted Dolly Madison, and the President himself and some of his cabinet members arrived later with Reverend Maffitt. They could see the burning White House from the Maffitt residence. Although the President had to depart shortly afterwards, Dolly Madison stayed there for the duration of the war.

After his Presidency had ended, James Madison returned to Montpelier, the family homestead near Orange, where he lived until his death in 1836.

While Madison was occupied with national affairs, there were several important events happening in his home state. In 1809-1810, a Literary Fund for Virginia was established as an aid to public education by providing money for school expenses. The state legislature under the direction of Governor John Tyler, Sr., provided that "all escheats (land the title to which was reclaimed by the state), confiscations, penalties and forfeitures, and all rights in personal property found derelict (deserted or abandoned) should be appropriated to the encouragement of learning." As time passed, this fund expanded considerably and was used to improve elementary education. Only the most proficient students were allowed to attend public secondary schools. The General Assembly encouraged the establishment of classical schools and academies via revenue secured from lotteries. In 1816, the Federal Government paid $1,210,550 to Virginia in return for a loan granted to the Federal Government by Virginia for the defraying of expenses incurred during the War of 1812. This payment was allotted to the Literary Fund.

From 1800 through 1816, the State of Virginia had four new counties formed: Tazewell (formed from Wythe and Russell Counties and named for Henry Tazewell, a United States Senator), Giles (created from Montgomery, Monroe and Tazewell Counties and named for William Branch Giles, a Congressman from Virginia who served four terms), Nelson (formed from Amherst County and named for General Thomas Nelson, military leader and Governor of Virginia in 1781), and Scott (formed from Lee, Russell and Washington Counties and named for General Winfield Scott, lawyer and military leader).