Part 9

The British soldiers under Colonel Tarleton stopped for refreshments in Louisa County at a place called Cuckoo Tavern. The tavern keeper had an American soldier son, Captain Jack Jouett of the Virginia Militia, who happened to be at the tavern but out of sight of tavern visitors on that particular Sunday afternoon. He observed the two hundred and fifty British soldiers, overheard some of their personal conversations and their casual references to their military mission. He waited until the British had departed from the tavern and then he traveled on horseback over a different road--forty miles of brush and thicket, field and forest, vines and brambles. He rode without delay although the scars of some of the branches which struck him in the face as he was riding so rapidly became permanent ones. He believed that the British would probably make another stop for refreshments at the home of Dr. William Walker, the only one in the vicinity. Thus, he took time out to warn them of Tarleton's plans and to urge them to delay the British as long as possible. Jouett reached Monticello at dawn, roused the inhabitants within and informed them of Tarleton's plan. Jefferson and his guests fled on horseback and Mrs. Jefferson and their three children escaped to a neighbor's house by carriage. As the British rode up one side of the steep hill of Monticello, the Governor and his friends reached the bottom of the hill on the other side. Jouett then safely led the Governor's party via a secluded road to Staunton, which became another temporary capital. In the meantime, Tarleton had tarried before coming to Monticello to burn a wagon train filled with Continental Army supplies and had stopped as predicted at Castle Hill, the home of the Walkers. Mrs. Walker fed the soldiers before the officers, thus causing an added delay in their departure. Jack Jouett can be truly classified as the "Paul Revere of the South." The Assembly members were so appreciative of the courage and perseverance of Jouett that they subsequently presented him with a sword and a pair of pistols.

[Illustration: RICHMOND CHAMBER OF COMMERCE

_Gunston Hall_

_Home of George Mason, Author of "Declaration of Rights"_]

On July 4, 1781, General Cornwallis and his troops left Williamsburg, fought an inconsequential battle at Greenspring (near Jamestown) and then crossed the James River to Portsmouth where he proceeded to Yorktown. By September 1781, he had approximately eight thousand soldiers garrisoned on the peninsula at Yorktown. He had selected this site because he thought it was a secure one: the Chesapeake Bay was on the east, the York River on the north and the James River on the south. Actually, he had placed his soldiers in a most penetrable trap.

Marquis de Lafayette played an important part in the Revolutionary War. An outstanding example of foreign help received by the Americans, Lafayette had volunteered at the age of nineteen to serve in the American Army in 1777. After arriving from France in North Carolina, he rode horseback to Philadelphia to appear personally before the Continental Congress to offer his services to the American colonies. He had been appointed a Major-General by Congress and had been placed on Washington's staff. He had fought in the Battle of Brandywine Creek (Pennsylvania) and had been seriously wounded. His outstanding bravery had been recognized by Washington and they had begun a strong friendship which was to continue throughout their lives. He had endured with Washington the terrible winter at Valley Forge, Pennsylvania (1777-1778) and acted as a morale builder to Washington's disheartened forces. He had been the hero at the Battle of Monmouth, New Jersey. After France had officially recognized the independence of the United States, Lafayette had returned to France, and, after encouraging many French soldiers to help the Americans fight, he had rejoined Washington. In 1781, Washington had sent him to defend and protect Virginia where he had cleverly pursued Cornwallis from near Charlottesville to Yorktown. After his role in the final strategy of Yorktown defense and his return to France, one can understand why Virginians consider Lafayette one of their heroes and have a famous bust of him created by the great sculptor, Jean Antoine Houdon, located in the rotunda of the State Capitol Building in Richmond.

As soon as Lafayette had noticed Cornwallis gathering his troops at Yorktown, he realized the possibility of surrounding Cornwallis and his forces since Lafayette was so well acquainted with this terrain. He immediately informed Washington of this situation and Washington quickly headed for his home state. In the meantime, General Lafayette surrounded Cornwallis and his troops on the south and on the west. Simultaneously, a fleet of twenty-five French warships from the West Indies under command of Admiral de Grasse sailed up the Chesapeake Bay with 3,000 French troops. This movement prevented Cornwallis from either receiving British enforcements or from escaping out to sea. General Washington, after feigning an attack against General Henry Clinton in New York, rapidly moved his army southward, joined with the forces of General Count de Rochambeau. Washington soon attacked the British on the north and on the west. Although Cornwallis realized that he was completely surrounded by American and French forces, he and his troops fought valiantly for weeks.

The home of General Thomas Nelson, the Governor of Virginia at this time, was located in Yorktown. General Cornwallis had taken possession of this house for his headquarters at Yorktown. Out of deference to the Governor, the American soldiers had refrained from firing upon it. However, General Nelson ordered them to fire upon the house, regardless of its sentimental value, because it housed British officers. The first shot killed two British officers and a cannon ball still embedded in one wall may be observed today in the Nelson House at Yorktown.

Finally recognizing the futility of fighting any longer, on October 17, 1781, General Cornwallis requested a parley, ordered a cease firing, and exchanged messages with Washington. At two o'clock of the next afternoon, Cornwallis selected the Moore House in Yorktown for a discussion of surrender terms: this house was out of range of the firing and conveniently located. The British, the French and the Americans sent representatives for the consultation, John Laurens representing the Americans. After long discussion and debate, the articles of capitulation were agreed upon and the generals signed them the next day. At twelve o'clock on October 19, 1781, the British signing was done by General Cornwallis and Thomas Symonds, the American signing by General Washington, and the French signing by General Rochambeau and Count de Barras for Count de Grasse. On October 19, at 2 p.m., as agreed upon by the surrender terms, the British army of 7,000 troops left Yorktown and laid down their arms at Surrender Field, just south of the town. They marched between two long lines of the French on one side and the Americans on the other side. General Charles O'Hara, the leader of the British, apologized to Washington for the non-appearance of Lord Cornwallis who was reported ill. The Battle of Yorktown ended the Revolutionary War although the peace treaty was not signed until 1783.

In this same year, the American army was demobilized. George Washington bade farewell to his officers at Fraunces' Tavern, New York City, on December 4, resigned on December 23 and returned to Mt. Vernon to retire. Already he had won the admiration of the new nation for his continued courage, bravery and great military strategy so ably exemplified during the American Revolutionary War. He also had earned the well-deserved title: "The Sword of the Revolution."

_The Adoption of the United States and State Constitutions_

By 1785, the Americans began to realize that the Articles of Confederation were too weak to become effective. The central government did not have sufficient political power to govern, the lack of a single executive resulted in a lack of leadership, the Confederation Congress could make laws but had no power to enforce them, the Congress could issue paper money and coins but had no power to buy gold and silver for backing this money and the Congress could levy taxes but had no power to collect them. There was no provision for a national court system. In order to pass a law, nine states had to agree in its favor; in order to amend the Articles, all thirteen states had to agree. Under the Articles of Confederation, the government was a confederacy in which each state retained its own political authority and the central government was responsible to the states. The control of foreign and interstate commerce was left entirely to the individual states. Chaos and confusion resulted. Consequently, in 1785, George Washington invited some representatives from Maryland and from Virginia to meet with him to discuss the problem of a stronger central government and to settle a dispute which had arisen concerning the navigation of the Potomac River.

The conference started at the City Tavern (later known as Gadsby's Tavern) in Alexandria and was later continued at Mount Vernon, home of Washington. During the discussion, Washington stated that there should be a common money system for all the states as well as a common plan for regulating domestic and foreign commerce. James Madison was one of the Virginians present, and he felt that there must be other problems of common interest to all the states. Therefore, when the next General Assembly met in January 1786, Madison proposed that representatives from all the states should meet at Annapolis, Maryland on September 11, 1786 to discuss trade problems and other areas of mutual interest. The Virginia legislature, therefore, invited all the states to send representatives to Annapolis to attempt to formulate a uniform currency and commerce system for all the states.

In September 1786, only five states sent delegates to the Annapolis meeting: Virginia, Delaware, New York, New Jersey and Pennsylvania. These delegates, nevertheless, suggested that a convention be held on May 25, 1787 at the State House in Philadelphia for the purpose of revising the Articles of Confederation. After this recommendation had been submitted to the Confederation Congress, it hesitatingly invited all the states to meet the next year at Philadelphia. Virginia sent seven delegates to this Philadelphia convention: George Washington, John Blair, James Madison, George Mason, James McClurg, Edmund Randolph (Governor at this time) and George Wythe.

Seventy-three individuals had been chosen as delegates from the twelve states, but only fifty-six members were present at the convention. All the states were represented at the convention except Rhode Island. When the convention began on May 25, 1787, George Washington was unanimously chosen President of the convention to preside over the meetings and rules of procedure were adopted. It is significant to note the absence of three of the Virginia Revolutionary Period leaders: Richard Henry Lee, Thomas Jefferson and Patrick Henry. Lee declined membership because he believed that, since he was a member of the Confederation Congress and since he thought the revised Articles would be submitted to this Congress for approval, he should not become a member of the Convention to revise the same and, subsequently, be a member of the Confederation Congress which would be asked to pass upon the revised plan. Jefferson was the United States Minister to France at this time and was out of the country. Although Patrick Henry had been elected as a delegate to the convention, he had refused to accept the assignment because he was skeptical about governmental changes which the convention might make. Two Virginians who were present made written comments concerning the type of individuals who represented their states as follows:

(1) George Mason (in a letter to his son)--"America has certainly, upon this occasion, drawn forth her first characters.... The eyes of the U. S. are turned upon this assembly, and their expectations raised to a very anxious degree." Mason's personal attitude toward the responsibility of being a state delegate at this convention is summarized in this remark: "I would not serve upon pecuniary reasons alone in this convention for a thousand pounds a day."

(2) James Madison--"It contains in several instances the most respectable characters in the U. S., and in general may be said to be the best contribution of talents the States could make for the occasion."

The meetings were held secretly behind closed doors because of the grave problems which the convention had to solve. After the delegates began to discuss the necessary changes which had to be made, they realized the impossibility of simply revising the Articles of Confederation and the absolute necessity of writing a new constitution which would make the central government a much stronger political power. James Madison, a most profound student of government, is considered as the most influential member of the convention. He was the most active speaker at the convention and he kept careful notes of the entire session. Madison is regarded as the "Father of the United States Constitution."

One of the first questions to be decided at the convention was the type of organization of the government. Governor Edmund Randolph presented Madison's "Virginia" Plan recommending a strong, central government and one in which each state would be represented in proportion to its population. This plan is sometimes referred to as the "Large State" Plan because most of the larger states favored it: according to this plan, the more population a state had, the greater the representation. The small states had their plan also: it was presented by William Paterson of New Jersey and is known as the "Paterson" or "New Jersey" or "Small State" Plan. The small states favored states' rights rather than a strong, central government and believed that each state should be represented equally regardless of its population. The "Great Compromise" which was finally adopted was a combination of both plans: a bicameral legislature called Congress was to be created consisting of (1) the House of Representatives with membership from each state based upon the population of the state and (2) the Senate with membership based upon equal representation from each state--two Senators from each state. The plan of government finally adopted provided for a strong central government but with the state governments retaining essential reserve powers.

After the Constitution had been completed on September 17, 1787, it was submitted to the Confederation Congress with the recommendation that Congress inform each state legislature about the Constitution and ask for state ratification. The Constitutional requirement for making the document effective was ratification by nine states. Washington was very eager for the Constitution of the United States to be adopted. He wrote many personal letters favoring its adoption including a public letter in which he reminded the states that each state must be willing to make certain concessions for the benefits of the country as a whole.

Thirty-nine of the fifty-six delegates signed the Constitution. Only three of the six delegates from Virginia signed it: George Washington, John Blair and James Madison. Madison, in fact, was consulted for an opinion on almost every phase of the Constitution. During the campaign period for and against ratification, Madison joined Alexander Hamilton and John Jay of New York and contributed to a series of essays called "The Federalist." The essays included a discussion of the meaning of the various provisions of the Constitution and attempted to prove that the federal or central government would not misuse the power granted to it. Madison wrote twenty of the eighty-five essays contained in "The Federalist." This series of essays is believed to have influenced more people to favor the adoption of the Constitution than any other written or oral effort.

The most influential writings against the adoption of the Constitution were authored by Richard Henry Lee in his "Letters of a Federal Farmer." George Mason and Edmund Randolph refused to sign the Constitution of the United States because it contained no bill of rights, it did not provide either for the immediate prohibition of slave traffic or for the eventual abolition of slavery and, in their opinion, gave Congress too much control over navigation and tariff policies. Edmund Randolph, Governor of Virginia and a delegate at the Philadelphia Convention, played an unusual role: he did not sign the Constitution himself because he did not approve of the final document but he did urge the State of Virginia to accept it because he believed that a union of states was necessary. James McClurg and George Wythe did not sign it because they were absent, but they did encourage the ratification of the Constitution by Virginia.

On June 2, 1788, a Virginia State Convention was held in Richmond to determine whether or not Virginia would accept the new Constitution of the United States. There were one hundred and sixty-eight official delegates present, and they elected Edmund Pendleton president of the convention. Sectionalism appeared obvious in the state at this time: the Piedmont area and the southwest area which did not have many slaves opposed ratification while the Tidewater area and the northwest area favored the adoption of the Constitution. James Madison, John Marshall (who actually explained much of the Constitution to the members of the convention), Edmund Randolph, George Wythe and General "Light Horse Harry" Lee spoke on behalf of the Constitution; George Mason, Patrick Henry, Richard Henry Lee, James Monroe and William Grayson spoke very strongly against it. The chief arguments against ratification were that the central government had been given far too much power and the individual states far too little power, that the commerce clause was too powerful and that the continuance of the slave trade was permitted. Finally, after Madison had agreed to suggest and to urge adoption of many amendments, the Virginia convention ratified the Constitution of the United States by the close vote of 89 to 79 on June 26, 1788. It is interesting to note that, at this time, the State of Virginia included the present area of Virginia and the area now included in the States of Kentucky and of West Virginia.

The State of Virginia missed by five days the honor of being the necessary ninth state to ratify the Constitution, New Hampshire having this honor. As Virginia became the tenth state to ratify it, the following declaration was officially recorded: "We, the Delegates of the People of Virginia, ... Do, in the name and in behalf of the People of Virginia, declare and make known, that the powers granted under the Constitution, being derived from the People of the United States, may be resumed by them whensoever the same shall be perverted to their injury or oppression, and that every power not granted thereby remains with them and at their Will; that therefore no right of any denomination can be canceled, abridged, restrained, or modified by the Congress ... or any department or Officer of the United States, except in those instances in which power is given by the Constitution for those purposes: and that, among other essential rights, the liberty of Conscience and of the press cannot be canceled, abridged, restrained or modified by any Authority of the United States." This declaration expressed fear on the part of Virginians concerning the new Constitution. At the same time, the members of the Virginia convention proposed forty amendments which became the bases of the ten amendments of the Bill of Rights in the Constitution of the United States: James Madison introduced the first nine amendments and Richard Henry Lee, the tenth amendment, to the Constitution of the United States--all eventually adopted in 1791.

Between 1783 and 1789, on the domestic scene, Virginia had gained five new counties: Campbell (formed from Bedford County and named for General William H. Campbell, the hero of the Battle of King's Mountain), Greensville (formed from Brunswick County and, later, parts of Sussex County and named for General Nathaniel Greene or Sir Richard Grenville), Franklin (formed from Bedford and Henry Counties and, later, parts of Patrick and named for Benjamin Franklin), Russell (formed from Washington County and named for General William Russell, a military hero also at the Battle of King's Mountain in the Revolutionary War) and Nottoway (formed from Amelia County and named for an Indian tribe, "Nottoway"--the word meaning "snake or enemy"). Two years later, Patrick County was formed from Henry County and was named in honor of the patriot, Patrick Henry.

Another domestic problem during this period concerned the boundary dispute between Pennsylvania and Virginia. When the Penns colonized Pennsylvania, they claimed the 39th degree parallel as their southern boundary. Virginia, however, claimed all the territory as far north as the 40th degree parallel including the choice section of Fort Pitt (now the site of Pittsburgh). After Pennsylvania authorities had established courts at Hanna's Town (now Greensburg), Governor Dunmore of Virginia sent Dr. John Connelly to establish a rival court with competing magistrates in 1773. The struggle for ownership of this area was temporarily postponed during the American Revolution, although the Virginia courts continued to remain in session in western Pennsylvania from 1774 to 1780. Finally, negotiations took place, and an agreement was adopted to allow a survey to be made in the region and to accept a boundary recommended by the joint boundary commission. The Mason and Dixon Line was extended to the southwest corner of Pennsylvania in 1784; the western boundary line of Pennsylvania was permanently agreed upon in 1785-1786.

In the following year, in December, an historical event took place which contributed greatly to science. James Rumsey, a native Marylander who had moved to Bath, Virginia (now Berkeley Springs, West Virginia), was interested in boat-building and in the possibility of steam propulsion. After the Virginia General Assembly had given him exclusive permission to navigate specific types of boats constructed by himself on the state waterways for ten years, he successfully transported six individuals for the first time in a steamboat four miles up the Potomac River near Shepherdstown. Rumsey continued to experiment with additional steamboats on the Potomac. In order to obtain financial assistance, he traveled subsequently to London and ironically died there before his second boat, the "Columbia Maid," had been completely constructed. This event occurred twenty years before Robert Fulton made his historic trip up the Hudson River in the "Clermont."

By 1789 George Washington had retired to Mount Vernon and had become a gentleman farmer at the time of the adoption of the Constitution. He was overseeing his fields on horseback one day when a messenger arrived from New York City informing him that his name had appeared unanimously on the ballot of every elector, electing him as the first President of the United States--"The Father of His Country." The American people still remembered his great leadership qualities during the Revolutionary War and during the Constitutional Convention. Thus, Washington was faced with a most difficult task: to make a new government work successfully though it was practically only in outline form and even though there was opposition and criticism awaiting the first President. Washington was also informed that the new government was to begin operating on March 4, 1789 and that Congress desired that he arrive in New York City for his inauguration on that date.