ing about a week in Williamsburg, the British commander prepared to cross the river, and selected James City island as the most eligible place to effect a passage. In the mean time, Lafayette and the intrepid General Wayne pressed close on his rear, with a view to strike as soon as the enemy should be weakened by the van having crossed the river. Under a mistaken belief that the separation of the enemy's force had actually taken place, an attack was made on the whole strength of the British army drawn up in order of battle. The approach of night saved the American army, who effected a retreat after losing, in killed, wounded and prisoners, upwards of a hundred men. From a belief that a grand attack was intended on New York by the combined army, Sir H. Clinton had ordered Cornwallis to take a position near Portsmouth or Williamsburg, on tide-water, with a view to facilitate the transportation of his forces to New York, or such aid as might be deemed necessary. In obedience to this command, Cornwallis selected York and Gloucester as the most eligible situations, where he immediately concentrated his army. The bold and discerning mind of Washington soon formed a plan to strike his lordship while encamped at York-a plan no less wisely devised than successfully executed. The arrival of the French fleet in the Chesapeake, at this juncture, contributed essentially to the completion of his designs. Count De Grasse, on obtaining intelligence from Lafayette of the situation of the enemy, immediately detached four ships of the line to block up York River. Washington, fearful that Cornwallis might attempt to retreat to the south, sent orders to Lafayette to take effective measures to prevent his escape; and also wrote to Mr. Jefferson, who was still governor of Virginia, urging him to yield every aid which his situation could afford, and which the importance of the object required. On the 14th of September, General Washington arrived in Williamsburg, which was now the head-quarters of Lafayette, and proceeding to Hampton, the plan of siege was concerted with the Count De Grasse. About the 25th of the month the troops of the north arrived, and formed a junction with those under De la Fayette. The whole regular force thus combined, consisted of about twelve thousand men. In addition to these, there was a body of Virginia militia under the command of the brave and patriotic General Nelson. The trenches were opened by the combined forces on the 6th of October, at the distance of six hundred yards from the enemy's works. On the 19th the posts of York and Gloucester were surrendered to the combined forces of America and France."

The news of the surrender of Cornwallis spread universal joy throughout the country. The termination of the war was evidently near,- —a war for constitutional liberty. In its trying scenes, Virginia was among the foremost. When the colonies had gone too far to allow a hope for an honorable submission, she was the first to adopt a perfectly independent constitution-the first to recommend the Declaration of Independence: her great son was the first

among the leaders of the armies of the nation, and her officers and soldiers, whether in the shock of battle, or marching half-clad, ill-fed, and barefooted, amid the snows of the north, through pestilential marshes, and under a burning sun at the far south, evinced a bravery and fortitude unsurpassed.

CHAPTER VIII.

FROM THE CLOSE OF THE AMERICAN REVOLUTION TO THE PRESENT TIME.

End of the war.-Action of the Virginia Convention upon the Federal Constitution. Origin of the Federal and Democratic parties.-Opposition to the Alien and Sedition Laws in Virginia.-Report of Mr. Madison thereon.-War of 1812.-Revision of the State Constitution in 1829-30.-Action of Virginia upon the subject of Slavery in 1831-2.-Policy of the state in reference to Internal Improvement and Education.

ALTHOUGH active military operations were prolonged in various parts of the country, especially at the south, after the capture o Cornwallis's army, it may be said that the war was effectually extinguished in Virginia by that memorable event. Most of the troops which had been raised for the defence of the state were in a short time disbanded, and although the negotiations for peace between the two countries were rather slow in their progress, yet the conviction soon became general, that the signal defeat of the enemy at Yorktown would lead to that happy result. The statesmen of Virginia took an active part in the discussions which followed the treaty of peace, growing out of the acknowledged incompetency of the articles of confederation to bind the states together by ties sufficiently strong. The firmest patriots were alarmed at the symptoms of approaching dissolution, and none were more conspicuous in their efforts to avert that catastrophe than the great man who led the armies of the Republic, and achieved its independence. The Convention which assembled in Richmond, in June, 1788, to ratify the federal constitution, was composed of some of the most illustrious men in the state. The names of Marshall,* Madison,* Monroe,* Mason,† Nicholas, Henry,§ Ran

Chief-Justice Marshall, and Presidents Madison and Monroe.

†There were two Masons in the convention: George Mason, a man of transcendent talents, and an active participator in the formation of the first Constitution of Virginia, in 1776; and Stevens Thompson Mason, who was also a man of fine abilities, and a Senator in Congress during Washington's administration.

There were two gentlemen of the name of Nicholas; Wilson Carey Nicholas, afterwards governor of Virginia, and George Nicholas, his brother, who removed to Kentucky, and was a prominent man in that state. They have an only surviving brother Judge Philip N. Nicholas, of Richmond.

The celebrated Patrick Henry.

dolph,* Pendleton,† Lee, Washington,§ Wythe,|| Innes,¶ Harrison,** Bland,†† Grayson,‡‡ and a host of others, shed a lustre upon the deliberations of that august body, which has never been surpassed in the annals of the commonwealth.

"The debates as given to the public, though no doubt imperfect, exhibit a display of eloquence and talents, certainly at that time unequalled in the country."§§

Yet it may appear strange to the present generation, that such was the diversity of opinion which prevailed, and so serious were the apprehensions entertained by many, that too much power was conceded to the general government by the instrument proposed for adoption, that it was only ratified by a lean majority of ten, out of 168 members, who voted on the final question. The opposite political opinions which were developed on that occasion, were strongly impressed upon the public mind, and traces of their influence may be easily distinguished in the subsequent history of parties in Virginia. The name of federalist, which was originally applied to those who were in favor of adopting the Constitution, was afterwards used to designate the party which favored that construction of the instrument supposed to give greater efficiency to the powers it conferred; while those, for the most part, who were hostile to the new form of government, preferred to be distinguished by the title of democrats, or republicans. These distinctions, were aggravated and widened by the subsequent action of Congress, and especially by the passage of the Alien and Sedition laws, in Mr. Adams's administration. These measures encountered the most decided opposition in Virginia. Mr. Madison, who was one of the ablest and most distinguished advocates of the federal constitution, conceived that its true meaning had been grossly perverted by the measures referred to-and having been * Edmund Randolph, a distinguished lawyer; governor of Virginia, and a member of Washington's first Cabinet.

+ Edmund Pendleton, an eminent jurist, and president of the Court of Appeals.

Henry Lee, an active partisan officer of the revolution, and afterwards governor of the state. He was the historian of the Southern war.

§ Bushrod Washington, nephew of George Washington, and a judge of the Supreme Court of the United States.

state.

The venerable Judge Wythe, Chancellor of the state.

James Innes, an eloquent and eminent lawyer, and attorney-general of the

** Benjamin Harrison, the father of President Harrison; a signer of the Declaration of Independence, and governor of the state in 1781.

++Theodorick Bland, an active officer of the revolution, in the family of Washington. Mr. Grayson, an eminent lawyer and statesman, of surpassing merit.

§§ Political and Civil History of the United States; by the Hon. Timothy Pitkin, of Connecticut.

The great orator, Patrick Henry, was one of the most prominent opponents to the adoption of the federal constitution; but after its adoption, he determined to support the government in the exercise of those powers which he believed to have been legitimately conferred, but against the giving of which he had so earnestly contended. Accordingly he was elected to the Legislature, in the spring of 1799, resolved to sustain in that body the constitutionality of the Alien and Sedition laws. His death, which occurred before the meeting of the Legislature, spared him the great and perhaps unequal conflict.-See Wirt's Life of Henry.

elected to the state legislature for the session of 1799, prepared his celebrated report, which received the sanction of that body, by a considerable majority. This report, ever since its adoption, has been regarded by the state-rights, or democratic party, as a political text-book, or authoritative exposition of the federal constitution; yet it is affirmed by their opponents, that its reasons and deductions have been frequently applied to cases which were not within the contemplation of its original framer, or of many others, who sanctioned its application to the Alien and Sedition laws.

Passing over the minor events in the annals of the state, it may be sufficient to observe, that she gave a constant and cordial support to the measures of her presidents. Jefferson and Madison, which were preliminary to the war of 1812, declared against Great Britain. During the existence of that war, she contributed liberally her treasure, and the services of her people, to the defence of the country. To say nothing of the distinguished men and numerous recruits with which she supplied the land and naval forces of the Union, instances were not wanting of the display of heroic valor within her own borders, in repelling the predatory and sanguinary depredations of the enemy. Hampton, Craney Island, the White House, and various other points on the Potomac, will long be remembered as scenes of gallant enterprise or patient endurance of the hardships of war. Her sons from the mountains and valleys of her extensive western domain, marched with alacrity to the seaboard, and submitted, without murmuring, to the toils and perils of the camp; and hundreds paid the forfeit of their lives in a climate which, to them, habit and nature had rendered uncongenial and fatal.

Although the state was a cordial and zealous supporter of the war, and perhaps suffered less than some of the more exposed of her sister commonwealths, yet she was by no means disinclined to peace; although, in the opinion of many, the terms upon which that blessing was acquired were not precisely consistent with the objects for which the war was declared. This, however, is one of the usual contingencies upon which the mortal conflicts of nations are waged. They fight for principle, but are obliged to make peace from necessity; and there is no truth which is taught us by experience more salutary, than that peace, even with its attendant disadvantages, is more tolerable than war, which places every thing at hazard, and is always followed by multiplied hor

rors.

Nothing, perhaps, occurred of sufficient consequence to be noticed by the general annalist or historian, after the peace of 1815, until the period which brought about the General Convention of 1829, assembled for the purpose of revising the state constitution; a frame of government which had been established prior to the Declaration of Independence, and which was, therefore, consecrated in the affections of a large portion of the people by being asso

ciated with revolutionary scenes and recollections. It is not to be denied, however, that some of the complaints of those who were clamorous for reform, were in themselves reasonable, even if no serious inconvenience and mischief had been experienced in practice. The grievance which had been most earnestly dwelt upon in the popular discussions, was the great inequality of representation in the state legislature. Counties of unequal size, wealth, and population, were represented in the state councils by an equal number of delegates; and although perhaps the interests of large sections or divisions were fully protected in the practical operation of government, yet the sense of local wrong was too powerful to be resisted. The call of a convention was sanctioned by a majority of the people, and that body assembled in Richmond in October, 1829. No set of men of more varied talents, or of riper experience and wisdom, had been organized as a public body in Virginia, since the meeting of the state convention which ratified the federal constitution; and there are many conspicuous names found in the proceedings of both those distinguished assemblies.* How strikingly different were the results of the deliberations of the two conventions! The first in the order of time contributed essentially to cement the union of the states, by the substitution of a solid fabric of government for a feeble confederation, which, in the language of the day, had been aptly compared to a "rope of sand." The labors of the latter, in the opinion of able minds, have not only resulted in no essential good, but in much practical mischief. Whether the opinion be or be not well-founded, it is not necessary to decide; but it is certain that the amended constitution has dissatisfied many, and that propositions have already been made to the legislature to adopt preliminary measures for a third convention.

Virginia having the most extensive territory of any of the states of the Union, and being the largest slaveholder, has always been peculiarly sensitive in regard to that species of property. As far back as the first administration of Gov. Monroe, at the commencement of the present century, a well-organized insurrection of the slaves in the immediate vicinity of the seat of government, was only prevented from resulting in the most frightful consequences to the persons and property of the whites, by the timely interposition of Providence. From the best authenticated accounts, founded upon evidence taken at the time by the constituted authorities, a large body of slaves, supposed to be a thousand in number, headed by skilful leaders, and provided with the means of offensive

* Ex-presidents Madison and Monroe, and Chief-Justice Marshall, were mem. bers of both conventions. Among the conspicuous leaders in the last, may be mentioned the names of B. W. Leigh, and his brother, Judge Leigh, John Randolph of Roanoke, Gov. Giles, Chapman Johnson, Judge Philip P. Barbour, Judge Stanard, Charles F. Mercer, Jno. R. Cooke, Richard Morris, Judge Summers, Judge Scott, Philip Dodridge, Judge Green, Littleton W. Tazewell, Gen. Robert B. Taylor, Gov. Pleas ants, Judge Abel P. Upshur, and many others.