American Revolution Podcast

Sunday, October 5, 2025

ARP366 Rhode Island & Treaty of New York, 1790

In our last regular episode, George Washington laid out an agenda in his State of the Union Address for the new cession of . In that address, Washington noted with satisfaction, that North Carolina had ratified, making it the twelfth state to to join the Union making it the 13th and final of the original state to ratify the Constitution.

Rhode Island Ratification

As you may recall, the Constitution, by its own terms, went into effect once nine of the thirteen states ratified. By the time elections were organized, eleven states had ratified. Only North Carolina and Rhode Island refused to do so. As I mentioned a few weeks ago, North Carolina, buoyed by the proposal of the Bill of Rights, and seeing threats of trade sanctions if they did not ratify, finally ratified in November of 1789. That left little Rhode Island on its own.

Alexander McGillivray

When we discussed Rhode Island’s refusal to ratify a few months ago, you may recall that much of the reason was financial. A populist government had been elected which had flooded the state with new paper money, which quickly devalued. For the vast majority of voters, who were heavily in debt, this was great news. They would pay off their debts with the nearly worthless dollars and become debt free.

Merchants and moneyed interests, of course, were aghast at this idea. It motivated the Constitutional Convention to give exclusive authority to the federal government to print paper money. Thus, Rhode Island’s paper money party would come to an end when they joined the new government.

Between September of 1787 and January of 1790, Rhode Island’s legislature, or the people themselves through referendum, rejected all efforts to ratify the US Constitution. In an attempt to put more pressure on them, Congress had approved import tariffs that would essentially make trade between Rhode Island and the other states uneconomical. North Carolina faced this same threat and got Congress to delay implementation until January, 1790. By that time North Carolina was in the Union, but Rhode Island still was not.

In January, Rhode Island officials convinced Congress to delay implementation of tariffs a second time so that Rhode Island could hold another ratifying convention in March. The ratifying convention met and adjourned without a vote on ratification. Finally, on May 18, about a week before the Rhode Island convention would reconvene, a frustrated Congress passed a bill barring all commercial trade between Rhode Island and the other twelve states. It barred US vessels from docking in Rhode Island ports and insisted that Rhode Island make a payment, in lieu of taxes, toward paying off their share of the national war debt.

It would go into effect on July 1, and it was made clear there would be no further delays. Only one member of Congress voted against the bill, which President Washington signed into law..

Federalists in Providence, and a few other areas, debated seceding from Rhode Island and joining the US on their own. The merchants were never happy with the state’s monetary policies, and saw the new trade ban as fatal to their commercial future.

So when the Ratification Convention met again in late May, there was intense pressure to accept the Constitution. Despite the pressure, the initial vote failed pretty decisively. Over the course of the next week, debate continued. At least one town that had been against ratification sent instructions to have its delegates vote in favor. In another case, a town replaced a delegate who refused to vote for ratification.

Finally, late in the afternoon of May 29, the Convention held another vote. It finally agreed to ratify the Constitution by a vote of 34-32. As part of the vote, the delegates called on Congress to protect 18 separate rights and to make 21 amendments to the Constitution, including one to protect the state’s paper money policy. But ratification was not made contingent on any of these changes. Rhode Island had agreed to become part of the United States. Couriers sped the news of ratification to New York, where President Washington reported the official news to Congress on June 1.

A couple of weeks later, the convention convened again to ratify the Bill of Rights that Congress had already proposed. The legislature appointed two US Senators who took their seats on June 25. One Federalist, Theodore Foster, and one Anti-Federalist, Joseph Stanton, Jr. The state held its first election in August, sending Federalist Benjamin Bourne to take up the state’s only House seat in early September.

With Rhode Island’s reluctant ratification, the ratification of the Constitution by all of the states was finally unanimous.

Southwest Territory

While officials in New York were pleased with Rhode Island’s acquiescence, their attention during most of the spring and summer was focused more on the west. The issue of western expansion continued to create challenges for the new federal government.

Northern settlers had already begun moving into the territory north of the Ohio River in what had been established as the Northwest Territory. At the same time settlers from Virginia, the Carolinas, and Georgia were pushing westward.

Back in Episode 335, I talked about the State of Franklin which was created out of lands that were part of western North Carolina. The settlers had formed their own state after North Carolina had given the land to the Continental Congress. When Congress did nothing to accept the land, the people formed a new state in 1784 and sought recognition from Congress. Both North Carolina and the Continental Congress refused to recognize the state. For several years though, the state existed and made treaties with Indians in the region.

Franklin’s president, John Sevier, who had been a leader at the Battle of Kings Mountain, made treaties with the nearby Cherokees. The Indians disputed the treaties. Congress’ 1785 Hopewell Treaties that I covered in Episode 339 recognized Cherokee claims on the land. After being rejected by the Americans, Sevier reached out to Spain to see if it could get support from them.

This was too much for the Americans. North Carolina attempted to seize Sevier’s property for non-payment of taxes to North Carolina. Sevier was arrested for treason. Soon afterward, the State of Franklin fell apart. Seeking to put the fight behind them, Sevier swore allegiance to North Carolina, and the Governor pardoned him. The locals would elect him as a state Senator in North Carolina.

Having reunited Franklin as part of North Carolina, the North Carolina legislature once again in early 1790, ceded the territory to the US Congress as part of its creation of a new federal territory. The Southwest Territory consisted of western lands south of the Ohio River that had been ceded by the other states. Virginia had not yet ceded Kentucky. That was still a few years away. So, for the moment, the territory consisted of North Carolina’s session, which would eventually become the state of Tennessee.

Congress essentially governed the Southwest Territory under the same terms as it did the Northwest territory, appointing a territorial governor, and expecting that it would become a state when the population was sufficient. The most significant difference between the Southwest Territory and the Northwest Territory was governed was that it allowed slavery.

Washington appointed William Blount as the new territorial governor. Sevier had wanted the job, but his past actions kept him out of consideration. Blount had been born and raised in western North Carolina, but his path differed greatly from Sevier. Bount’s father, Jacob Blount had been a Justice of the Peace, and had helped Royal Governor William Tryon crush the Regulator movement in the early 1770s. As a young man, William joined the army that was sent to crush the regulators, although he did not see any action..

When the Revolution came though, the Blounts sided with the patriots and served in the militia. Both of William’s brothers accepted commission in the Continental Army. But William remained in the militia. In 1780 he served as commissary to General Hortio Gates, for a few months, until the battle of Camden.

After that, he focused more on politics. Beginning in 1782, Bount served in the Continental Congress with the North Carolina Delegation. In 1783, he returned to state politics. He was the politician who introduced what became known as the Land Grab Act, allowing certain influential North Carolinians to obtain large amounts of western land. He was also active in the settlement of Western lands.

When the state of Franklin became an issue in North Carolina, Blount did not take a strong position with either side. Blount had opposed the Hopewell treaty that Congress signed with the Cherokee.

In 1787, Blount went back to Philadelphia as a North Carolina delegate to the Constitutional Convention. It was there that he and Washington got to know each other a bit. Blount did not stay for the entire convention. He went back to New York where he was still serving in the Confederation Congress, but returned near the convention's end to sign the final document. He then became a leader in the fight for North Carolina’s ratification, which took two tries before the state ratified in November 1789.

It was probably Blount’s reputation as a leading federalist in the state that gave Washington the confidence to nominate him as territorial governor in 1790. Blount appointed Sevier as one of two brigadier generals in the territorial militia, and appointed a number of other former Franklinites to various government positions. Among his appointments was a young attorney who had just passed the bar two years earlier. Blount appointed Andrew Jackson as a prosecutor for the territory. With the Hopewell treaties in place, the population increase in this territory created relatively few incidents with the Indians.

McGillivray and the Creeks

The real threat remained further south. The Cherokee and Muskogee in the Southwest territory had agreed to treaties with Congress in 1785 and were largely in compliance. Congress had also approached the Creeks at the same time, but they refused to sign away their land.

A big part of the Creek resistance was the work of Alexander McGillivray. I’ve mentioned McGillivray before. He was the son of a Scotsman who had settled in South Carolina and married a Creek woman who was herself the daughter of a Frenchman and another Creek woman. So McGillivray was only one-quarter Creek. He was raised in Charleston and lived in white society. When the Revolution began, McGillivray remained loyalist and went to live inland with his Creek relatives as Hoboi-Hili-Miko. Patriots seized his family’s property in South Carolina and McGillivray received a colonel’s commission in the British Army.

When the British left after the war, McGillivray continued to hold a position of power and influence among the Creeks. He discouraged them from giving away more land to the Americans when other tribes signed on in 1785. Instead, he travelled to Pensacola to get support from Spain to protect their land. Spain very much wanted the Creek to serve as a buffer between their control of the Mississippi and the Georgians who were pushing westward.

With Spanish backing, McGillivray tried to consolidate power among the Creek. Traditionally, each village could negotiate for itself. McGillivray wanted to negotiate with the Americans on behalf of all Creeks so that the Americans could not simply pressure one village after another to sell out.

Smaller groups of Creeks had signed treaties with Georgia The Treaty of Augusta in 1783 purported to give away Creek lands to which the signatories had not control. Other Creeks actually living on that land objected.

American negotiators had tried to negotiate a new treaty with the Creek in 1785. Congressional and state negotiators met with the Creek in Galphinton, Georgia. McGillivray, however, did not come. The Creek who did show up did not have authority to negotiate on behalf of all Creeks. Because of this, the federal negotiators gave up and left. However, state negotiators from Georgia were happy to negotiate with those who did show up. Presumably after offering gifts and other personal benefits, got the Creek representatives to sign another treaty that confirmed the land cessions from the Treaty of Augusta in this new Treaty of Galphinton.

Because McGillivray and the majority of the Creeks did not recognize the validity of either of the treaties with Georgia, they went about attacking settlements on their land. They wiped out a settlement at Muscle Shoals, and continued to raid frontier homesteads as they appeared.

Representatives of Congress realized they needed a real treaty that the Creek leadership accepted. The Creek leaders wanted to deal with Congress, and not state officials based on the history of bad faith negotiations.

The Confederation Congress appointed James White as superintendent of Indian affairs in 1786 to engage in negotiations. White was a doctor and a Revolutionary war veteran who had established a home near the new settlement of Knoxville. At the time, this was still the state of Franklin. White ended up resigning his commission in 1788 after Congress failed to back Franklin and instead went to work for the Spanish trying to form an alliance with Franklin. In this role, White ended up helping to supply the Creeks with Spanish arms to use against Georgia settlers. When the state of Franklin collapsed later that year, White returned to his home near Knoxville.

This experience seemed to convince the Creeks that the Confederation Congress seemed more open to a fair treaty than did state officials in Georgia. Around this same time Spanish officials told McGillivray that they could not provide more supplies and military support, forcing the Creek to rely on negotiations with the Americans.

Treaty of New York

Shortly after Washington took office as President, he sent invitations for Creek leaders to meet in New York City to discuss a strong and lasting treaty that would settle the ongoing disputes. Marinus Willet, who I’ve mentioned before for his active role in the War, and who was currently serving as Sheriff of New York, carried Washington’s message to the Creek.

During the summer of 1790 McGillivray led a delegation of Creek and Seminole leaders to New York to negotiate a new treaty with the Americans. The delegation arrived in late July.

While in New York the delegation was greeted by the newly organized Society of Saint Tammany, which was developing into a political organization. It was named after the Delaware Chief Tammany, who had successfully established a peaceful land cession agreement with William Penn a century earlier. The Chiefs were paraded through town, and onlookers celebrated their arrival as they would foreign royalty. President Washington personally received McGillivray and the other Chiefs. He treated them as he would foreign dignitaries.

Meetings between the two sides continued for about three weeks. Secretary of War Henry Knox led the negotiations for the Americans, with some support from Secretary of State Thomas Jefferson. In the evenings, President Washington hosted dinners for the Creek leaders, giving them a chance to interact with Senators and Congressmen, and other people. The groups smoked pipes together and exchanged wampum belts. Washington also revealed for the first time a full length portrait of himself, painted by John Trumbull. Newspapers reported that Washington’s dinners were more lavish and festive than anything New York had seen since the inauguration.

In about three weeks the two sides had drafted an acceptable treaty. The Treaty of New York guaranteed boundaries between Creeks and Georgians. No US citizen would be permitted to settle on Indian lands. If they tried they forfeited the protection of the US. The Creek were free to deal with them as they wished. No American could even hunt in Creek territory without a US passport authorizing them to do so. The Creeks agreed to turn over criminals or escaped slaves that had taken refuge among the Creek. If people of either side committed an offense, the other would reach out to authorities to assure they would be punished by their own government, rather than simply seeking retribution.

Beyond setting up borders, the treaty also hoped to bring what the Americans called “a greater degree of civilization” to the Indians. They would provide domestic animals and farm implements in hopes of getting the Creek to take up farming, rather than living primarily as hunters. The Creek would also send a few of their own to live among the Americans, learn their language so they could serve as interpreters and also learn American customs.

To get McGillivray to support the treaty, there were also several secret provisions that impacted only him. McGillivray received a commission as a brigadier general in the US Army, which entitled him to a salary of $1200 per year. By putting the Creek leader on the US payroll, he had a strong incentive to maintain good relations going forward. McGillivray also got a one-time $100,000 payment for properties confiscated from his father during the war.

On August 13, both sides signed the treaty, which the Senate would ratify. McGillivray and the chiefs returned home. A little over a week later, President Washington issued The Proclamation of 1790, warning US citizens to stay out of Indian lands.

With the establishment of the Treaty of New York, Washington and others hoped that the threat of war with the Indians would subside, at least for the time being.

Next week: we take a look at how the new federal government resolved two of the most contentious issues facing the new nation in the Grand Compromise of 1790.

- - -

Next Episode 367 the Grand Compromise, 1790 (coming soon)

Previous Episode 364 New England Tour and NC Ratifies

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Sunday, September 28, 2025

AR-SP39 Threshold to Valley Forge, with Sheilah Vance

In September 2025 the American Revolution Round Table hosted Sheilah Vance, author of Threshold to Valley Forge: The Six Days of the Gulph Mills Encampment. This is a summary of the discussion, which was recorded on Zoom.

The discussion centers on the critical, yet often overlooked, period when George Washington’s Continental Army was encamped at Gulph Mills. This encampment lasted approximately six days, from December 12th to 19th, 1777, immediately preceding the march to Valley Forge. The author, Sheila Vance, decided to focus on this topic because she grew up in Gulph Mills and discovered historical information that confirmed the importance of the encampment, which she had never learned in school.

Context and Prelude to Gulph Mills

The Gulph Mills encampment occurred during a low point for the Continental Army, shortly after Washington lost the battles of Brandywine and Germantown during the Philadelphia Campaign.

The White Marsh Encampment and Challenges:

Before moving to Gulph Mills, Washington’s army spent six weeks at the White Marsh encampment, which was situated across the Schuylkill River from Gulph Mills.
During this time, Washington faced severe scrutiny over his leadership because General Horatio Gates had recently won a major victory at Saratoga. This political challenge was tied to the Conway Cabal, as politicians, including John Adams and Patrick Henry, considered replacing Washington. Thomas Conway, an anti-Washington officer, was appointed the first Inspector General of the Army, largely as a way to challenge the Commander-in-Chief.
General Howe attempted one last engagement at White Marsh before the British settled into winter quarters in Philadelphia. However, this Battle of White Marsh essentially did not happen in a "big way," involving only skirmishes before Howe retreated back to Philadelphia.
Washington had been alerted to Howe’s planned attack at White Marsh by Lydia Darragh, a woman in Philadelphia who overheard the British plans at her commandeered home and managed to relay the information, concealed in a needle case, to Washington’s key advisor, Elias Boudinot.

The Move to Gulph Mills (Matson’s Ford):

Determining that his army was too close to the enemy, Washington decided to cross the Schuylkill River to place that substantial river between his forces and the British in Philadelphia.
Washington initially intended for the army to cross at Matson's Ford on December 11th. This effort resulted in an almost accidental engagement called the Battle of Matson's Ford (or the battle in the Gulph).
Washington's advanced parties, including General Potter's Pennsylvania militia, encountered a large British foraging party led by General Cornwallis, involving several thousand troops.
Continental soldiers who had crossed a makeshift bridge at Matson’s Ford were ordered to retreat back across and dismantle the bridge after spotting the British.
After consulting, the generals realized this was only a foraging party, not the entire British army. However, Washington declared Matson's Ford too dangerous—"the hornets nest"—and rerouted the army downriver to Swedes Ford.
The army spent the night at Swedes Ford and crossed into Gulph Mills early on December 12th or 13th. The engagement at Matson's Ford resulted in the loss of 20 lives. The British foraging operation itself was described as "brutal," seizing about 2,000 cattle from Gulph Mills farmers.

The Gulph Mills Encampment and Strategic Decisions

Gulph Mills proved to be a necessary, strategic way station.

Strategic Location: The encampment was located on the high ground, specifically Rebel Hill (400 ft.), which offered Washington a strategic vantage point to monitor British movements toward Philadelphia.
Decision Making: While at Gulph Mills, Washington consulted with his generals regarding their plans. The options considered for winter quarters included remaining near Philadelphia, or moving further afield to places like Wilmington, Lancaster, or York. Washington delayed making a public choice, potentially to keep his options open or due to concerns about spies.
Valley Forge Announcement: Washington finally announced the decision to enter winter quarters on December 17th and indicated the location—about seven or eight miles from Gulph Mills—on December 18th. The march to Valley Forge was delayed until December 19th because December 18th had been designated a national Day of Thanksgiving by the Continental Congress to celebrate Gates' victory at Saratoga.

Soldier Morale and Documentation:

Despite the miserable conditions, including the lack of food, clothes, and shoes in the cold December weather, the soldiers were ideologically motivated and displayed remarkable resilience. Dr. Albigence Waldo noted a "spirit of elacrity and contentment or even cheerfulness" among the men.
The soldiers were fighting for a republic and democracy, striving to establish a system that was "free and fair for all". The Articles of Confederation had been passed in November 1777, and Virginia, the first state to adopt them, did so during the Gulph Mills encampment, around December 15th or 16th.
Vance emphasized the importance of documentation found during her research, including a strength return for General Barnum’s division dated December 15th, Gulph Mills, confirming the army's presence. The famous painting, The March to Valley Forge, depicts the march that originated from Gulph Mills.

Continuing Role:

Gulph Mills continued to be important after the main army moved, serving as a lookout point where General Sterling and later officers like Aaron Burr commanded a continuous picket post to keep an eye on Philadelphia throughout the Valley Forge encampment.
Its strategic high ground was also utilized when General Lafayette retreated there during the Battle of Barren Hill.

- - -

To see a list of upcoming Round Table events, where you can participate on Zoom, go to: ⁠⁠https://amrevrt.org/virtual-round-table-events⁠

Order a copy of Threshold to Valley Forge: The Six Days of the Gulph Mills Encampment at Amazon.

To learn more about Author Sheilah Vance, check out her web site: https://sheilahvance.com/about-sheilah-vance

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Thursday, September 25, 2025

ARP365b State of the Union Address (full text)

365b First State of the Union

Last week’s episode covered George Washington’s First Annual Address to Congress, what we call today the state of the union address. I summarized the main points of his speech in that episode, congress’ response and the actions the government took that year to address the president’s priorities.

Today, I will read the full transcript of the speech. It’s less than eight minutes long, but I think it’s good to hear the president’s own words. While there is no official record, historians believe that the president wrote his address with the help of James Madison, as well as his personal secretaries. He gave his address to Congress on January 8, 1790, just days after the beginning of its second session. It was delivered to a joint session of Congress, meeting in the Senate Chamber. What follows in President Washington’s First Annual Address to Congress

* * *

Fellow-Citizens of the Senate and House of Representatives:

I embrace with great satisfaction the opportunity which now presents itself of congratulating you on the present favorable prospects of our public affairs. The recent accession of the important state of North Carolina to the Constitution of the United States (of which official information has been received), the rising credit and respectability of our country, the general and increasing good will toward the government of the Union, and the concord, peace, and plenty with which we are blessed are circumstances auspicious in an eminent degree to our national prosperity.

In resuming your consultations for the general good you can not but derive encouragement from the reflection that the measures of the last session have been as satisfactory to your constituents as the novelty and difficulty of the work allowed you to hope. Still further to realize their expectations and to secure the blessings which a gracious Providence has placed within our reach will in the course of the present important session call for the cool and deliberate exertion of your patriotism, firmness, and wisdom.

Among the many interesting objects which will engage your attention that of providing for the common defense will merit particular regard. To be prepared for war is one of the most effectual means of preserving peace.

A free people ought not only to be armed, but disciplined; to which end a uniform and well-digested plan is requisite; and their safety and interest require that they should promote such manufactories as tend to render them independent of others for essential, particularly military, supplies.

The proper establishment of the troops which may be deemed indispensable will be entitled to mature consideration. In the arrangements which may be made respecting it it will be of importance to conciliate the comfortable support of the officers and soldiers with a due regard to economy.

There was reason to hope that the pacific measures adopted with regard to certain hostile tribes of Indians would have relieved the inhabitants of our southern and western frontiers from their depredations, but you will perceive from the information contained in the papers which I shall direct to be laid before you (comprehending a communication from the Commonwealth of Virginia) that we ought to be prepared to afford protection to those parts of the Union, and, if necessary, to punish aggressors.

The interests of the United States require that our intercourse with other nations should be facilitated by such provisions as will enable me to fulfill my duty in that respect in the manner which circumstances may render most conducive to the public good, and to this end that the compensation to be made to the persons who may be employed should, according to the nature of their appointments, be defined by law, and a competent fund designated for defraying the expenses incident to the conduct of foreign affairs.

Various considerations also render it expedient that the terms on which foreigners may be admitted to the rights of citizens should be speedily ascertained by a uniform rule of naturalization.

Uniformity in the currency, weights, and measures of the United States is an object of great importance, and will, I am persuaded, be duly attended to.

The advancement of agriculture, commerce, and manufactures by all proper means will not, I trust, need recommendation; but I can not forbear intimating to you the expediency of giving effectual encouragement as well to the introduction of new and useful inventions from abroad as to the exertions of skill and genius in producing them at home, and of facilitating the intercourse between the distant parts of our country by a due attention to the post-office and post-roads.

Nor am I less persuaded that you will agree with me in opinion that there is nothing which can better deserve your patronage than the promotion of science and literature. Knowledge is in every country the surest basis of public happiness. In one in which the measures of government receive their impressions so immediately from the sense of the community as in ours it is proportionably essential.

To the security of a free constitution it contributes in various ways - by convincing those who are intrusted with the public administration that every valuable end of government is best answered by the enlightened confidence of the people, and by teaching the people themselves to know and to value their own rights; to discern and provide against invasions of them; to distinguish between oppression and the necessary exercise of lawful authority; between burthens proceeding from a disregard to their convenience and those resulting from the inevitable exigencies of society; to discriminate the spirit of liberty from that of licentiousness - cherishing the first, avoiding the last - and uniting a speedy but temperate vigilance against encroachments, with an inviolable respect to the laws.

Whether this desirable object will be best promoted by affording aids to seminaries of learning already established, by the institution of a national university, or by any other expedients will be well worthy of a place in the deliberations of the legislature.

Gentlemen of the House of Representatives:

I saw with peculiar pleasure at the close of the last session the resolution entered into by you expressive of your opinion that an adequate provision for the support of the public credit is a matter of high importance to the national honor and prosperity. In this sentiment I entirely concur; and to a perfect confidence in your best endeavors to devise such a provision as will be truly with the end I add an equal reliance on the cheerful cooperation of the other branch of the legislature.

It would be superfluous to specify inducements to a measure in which the character and interests of the United States are so obviously so deeply concerned, and which has received so explicit a sanction from your declaration.

Gentlemen of the Senate and House of Representatives:

I have directed the proper officers to lay before you, respectively, such papers and estimates as regard the affairs particularly recommended to your consideration, and necessary to convey to you that information of the state of the Union which it is my duty to afford.

The welfare of our country is the great object to which our cares and efforts ought to be directed, and I shall derive great satisfaction from a cooperation with you in the pleasing though arduous task of insuring to our fellow citizens the blessings which they have a right to expect from a free, efficient, and equal government.

* * *

After President Washington concluded his address, he gave copies of his address to the Vice President and to the Speaker of the House. As he departed, he bowed to the members of the House and to the Senators as he walked down the aisle between them. The president got back in his coach and returned home with those who had come with him, including the Chief Justice John Jay, Treasury Secretary Alexander Hamilton and Secretary of War Henry Knox.

He noted in his diary that a great many ladies and some gentleman called on Mrs. Washington that evening.

I hope you’ve enjoyed this special reading of George Washington’s First State of the Union. This topic accompanies Episode 365 of the American Revolution Podcast.

Source: https://www.presidency.ucsb.edu/documents/first-annual-address-congress-0

Sunday, September 21, 2025

ARP365 State of the Union, 1790

Over the past few episodes, we covered Congress’s first session, which was supposed to begin in March, 1789, but didn’t start until April because they could not get a quorum. This session lasted until the end of September.

1789 Session

During that session, Congress did a great deal, much of which we covered over the last few episodes, including establishing three executive Departments, State, War, and Treasury, as well as the office of Attorney General. It also established the Federal Judiciary. The president made appointments to all of those new offices and the Senate confirmed them. Congress also spent considerable time debating and sending the Bill of Rights to the states for ratification.

President Washington at Congress

There were also plenty of other topics debated and dealt with during that first session. These include establishing officers to manage the Northwest Territory. Arthur St. Clair would serve as the first territorial governor - confirming the decision made by the Confederation Congress.

Many of the issues in the first session saw some progress, but were still pending when the second session returned in January of 1790. One particularly contentious issue was tariffs. A big reason behind replacing the Articles with the Constitution was to make it easier for Congress to raise revenue to pay off its war debts. Tariffs were the way to make this happen.

James Madison proposed a tariff plan when the first Congress began, back in April, 1789. Madison believed that raising revenue should be the primary purpose of any tariffs. Others disagreed.

The day after Madison proposed his tariff plan, Congressman Thomas Fitzsimons of Pennsylvania moved to add a list of specific imports that should be subjected to tariffs. Fitzsimons’ goal was not to raise revenue. It was to protect the budding manufacturing industry in Pennsylvania from foreign competition. Members of the New England delegation quickly jumped on this idea. The New England manufacturing industry, still in its infancy, had trouble competing with foreign imports, primarily from Britain. Heavy tariffs on imports of items that could be made domestically, would help these local industries to grow and thrive.

Southerners opposed these protectionist policies. The primarily agricultural south did not want to have to pay more for the goods they imported, just so northern manufacturers would have an unfair advantage in selling their goods under this protectionist system. At the same time, some southerners sought high tariffs on certain agricultural products that would benefit southern states.

There were also debates on whether to punish certain countries for their trade policies. Madison proposed an extra high tariff on Britain, from which most American imports came, because Britain’s ports were closed to American exports.

As the debate got more heated, George Thatcher of the Massachusetts, Maine district, proposed a $50 import tariff on slaves. This inflamed southern delegates, who were outraged. Although Thatcher did not seriously think such a duty could pass, another delegate, Josiah Parker of Virginia, seriously proposed a $10 per head duty on slave imports. Parker opposed slavery on moral grounds, but Virginia also had a glut of slaves at the moment. More imports would reduce the value of existing slaves. So while some Virginians liked the idea, states like South Carolina and Georgia, who were still heavily reliant on importing more slaves, objected in the strongest terms.

Members felt pressure to act quickly, since each day without a tariff law was another day of missed revenue. The busy spring and summer season of imports in 1789 went by with no tariffs implemented. Members worked to reach a reasonable compromise. In the end, a wide range of imports were subject to specific duties of about 7% to 8%. A reduced Molasses tax ensured molasses imports so that New Englanders could make their rum. A distilled spirits tax was also imposed. American owned ships would pay a tonnage duty of six cents per ton. Foreign vessels would pay 50 cents per ton. Ships owned in part by foreigners would pay 30 cents per ton.

Eager to get something in place, the House and Senate passed this compromise bill in July 1789 and sent it to the President for his signature. Washington signed the bill. But disagreement over its terms meant that this would be a continuing issue in Congress’ next term. Congress also ordered Secretary of Treasury Alexander Hamilton to prepare a report on national debts so that Congress could decide how aggressive its revenue collection had to be.

Other issues debated heavily but not resolved in the first session included where to move the national capital. Madison and others tried to keep it off the agenda because it was such a divisive issue, but members wanted it resolved. Many other issues, including many listed as Congressional responsibilities in the Constitution, never even got addressed in the first session. There was so much to do, that there just wasn’t enough time.

1790 State of the Union

When Congress returned for its second session in January 1790, President Washington decided it was time to report to Congress on the State of the Union. The Constitution did not say anything other than that the President should report to Congress "from time to time on the state of the Union." It did not say when, or how often it should happen. It didn’t even require that the report be given in person.

Washington’s decision to give his address in person and at this time may have come from the tradition in Britain, when the King gave an address to the opening of Parliament. It helped to set the legislative agenda by listing priorities and concerns for the members. Washington was not a big fan of public speaking, and certainly did not want to do anything to imitate the King of England, but after conferring with Madison and others, he determined to give the address in person. Madison also assisted in drafting his address.

Washington wrote to Congress asking to schedule an appearance. Congress was supposed to return to business on January 4. But a quorum did not show up until January 7. At that point a joint committee from the House and Senate agreed to invite the president to address Congress the following day at noon in the Senate chamber. There was a scramble to prepare for the president, including considerable debate over whether members of congress should sit or stand for the address. The decision was to sit, so chairs for all the House members and Senators had to be carried into the chamber, while tables were removed to make enough room.

Washington started several traditions in his first state of the union address that were not contemplated by the Constitution. Appearing in person was a big one. Another was that he brought the Chief Justice and his cabinet to the capitol to hear his address. This changed the tone from the president reporting to Congress, to one of all three branches coming together to hear the speech.

The President arrived shortly before the scheduled time wearing a dark suit from Hartford that he had purchased on his recent New England tour. He was still wearing a black arm band to mourn the death of his mother who had died that previous August.

The address itself was relatively short. Washington noted with satisfaction that North Carolina had joined the Union. One of the first things he focused on was the need to establish a real military. As he put it “To be prepared for war is one of the most effectual means of preserving peace.”

Washington went on to note that a free people should be both armed and disciplined. He also called for more efforts to promote local manufacturing, particularly of military supplies. The President’s primary concern at this time was hostile Indians. While he continued to have his state department work on treaties, the danger of war was always present. He also called for better pay for US diplomats abroad. Congress would address the issue of diplomatic pay about six months later.

Aside from defense, there were other matters which the Constitution explicitly required Congress to handle, but were still outstanding. One was establishing uniform currency and weights and measures. Another outstanding task was establishing naturalization laws so that foreigners could become citizens. Washington expressed his concern that Congress address both of these issues.

Washington emphasized his concern for supporting local industry and for building more infrastructure in the form of roads and post offices. He also called for the promotion of science and literature. He went on to note:

that every valuable end of government is best answered by the enlightened confidence of the people, and by teaching the people themselves to know and to value their own rights; to discern and provide against invasions of them; to distinguish between oppression and the necessary exercise of lawful authority; between burthens proceeding from a disregard to their convenience and those resulting from the inevitable exigencies of society; to discriminate the spirit of liberty from that of licentiousness - cherishing the first, avoiding the last

He called for more aid to schools, and the institution of a national university.

In a nod to the House of Representatives, the president noted that they had called for a report on public credit and the need to provide support for it. Washington agreed with this view and promised to cooperate in any way that he could. Secretary of Treasury Hamilton would deliver the administration’s report on public credit the following day.

The president concluded by noting that he had delivered to Congress a great many documents to give details on the State of the Union. He ended by saying:

The welfare of our country is the great object to which our cares and efforts ought to be directed, and I shall derive great satisfaction from a cooperation with you in the pleasing though arduous task of insuring to our fellow citizens the blessings which they have a right to expect from a free, efficient, and equal government.

Response

Following the President’s address and his departure, the House considered the speech in a Committee of the whole. They appointed a smaller committee to write a formal reply. This committee included Madison, who, of course, had a role in writing the President’s address.

The committee completed the document four days after the address, and delivered in person to the President at his residence on January 14.

The House response said that they pretty much agreed with everything the President said, sharing congratulations over the admission of North Carolina. They promised to continue the people’s work, concluding by saying:

The prosperity of the United States is the primary object of all our deliberations, and we cherish the reflection that every measure which we may adopt for its advancement will not only receive your cheerful concurrence, but will at the same time derive from your cooperation additional efficacy, in insuring to our fellow-citizens the blessings of a free, efficient, and equal government.

The Senate wrote a similar response, essentially agreeing with each point the president had made. It completed its response one day sooner than the House, but also waited until January 14 to deliver it to the President in person. Vice President John Adams led the delegation to deliver the Senate’s reply The Senate ended its response with:

Our cares and efforts shall be directed to the welfare of our country, and we have the most perfect dependence upon your cooperating with us on all occasions in such measures as will insure to our fellow-citizens the blessings which they have a right to expect from a free, efficient, and equal government.

Reaction

Washington's address did seem to set the tone for the next congressional session. Many of the issues he raised in his speech were addressed by Congress.

The army, which consisted of only a few hundred officers and men, was being used primarily in the Northwest Territory to protect settlers from Indian attacks. Congress had already authorized an army of 840, but only 672 officers and men were actually serving. At Washington’s urging, in June, Congress increased the size of the army to 1273 officers and men, adding four additional infantry companies under a three year enlistment.

Due to low pay and poor conditions, however, the army had trouble enlisting new recruits. By early 1791, army still totaled just over 800 officers and men. Without a large professional military, Washington knew that militia would be critical to a military emergency. Several weeks after his address, the president met with Secretary of War Henry Knox to work on establishing uniform guidelines for militia. Although the president brought this issue to Congress again by the end of the year, Congress would not pass a Militia Act until 1792. It authorized the president to call out the militia in time of invasion or danger of invasion. Congress finally acted after a disastrous Indian battle at Wabash, something we will cover in a future episode.

On the currency issue, Congress ended up passing this back to the executive branch. It called on the Secretary of State to come up with a plan for establishing uniformity in currency and weights and measures. It also called on the Secretary of the Treasury to come up with a plan for the establishment of a mint.

Secretary of State Jefferson, who did not arrive in New York to take his new position until March, 1790, had earlier proposed a decimal system of currency back in 1785. This is probably why Congress gave this task to him, rather than Hamilton. Jefferson also wanted a system of measurements also based on decimals. Jefferson suffered from migraines after his arrival in New York, which limited his ability to work. After Jefferson submitted his report to Congress in July, Congress was not really sure what to do with it, and tabled it until the end of the year.

Secretary of Treasury Hamilton took longer. He spent much of the year researching the British model of currency, focusing on the metal alloys used in coins. Hamilton spent months considering various denominations, as well as the designs for all of the American coins.

He agreed with Jefferson that it made sense to use a decimal system in currency. In fact, Jefferson and Hamilton worked closely on this project and found themselves in agreement on many of the issues. Jefferson gave input based on his visits to the French Mint while he was serving as the American Minister in France. In the end, mostly because Hamilton was so busy with other matters, Jefferson ended up taking over much of the responsibility for establishing the mint, which did not get final approval in Congress until 1791.

With regard to naturalization rules, Congress handled this one itself. A week after the president’s address, the House of Representatives formed a committee to come up with rules of naturalization. It took the committee about six weeks to come up with a final bill, which the House passed on March 4. The Senate then took a couple of weeks to consider and amend the house bill. Final reconciliation was done in about a week, and Washington signed the bill into law.

The final bill permitted citizenship to free white people of good character, who had lived in the United States for a minimum of two years. They had to take an oath of allegiance to support the Constitution. Any children under the age of 21 who were also living in the US became citizens automatically when their father did. They also determined that any child born abroad to US citizens would be considered a natural born citizen. Application and approval for naturalization could take place in any court within the US. State and local courts would handle most of this work.

Congress’ efforts to protect domestic manufacturing and industry had already been done through its protective tariffs. These remained an ongoing fight in Congress as to the details. In April, Congress created the first patent and copyright laws in order to encourage science and the arts. President Washington signed this into law on May 31.

People who wanted their books, maps, and charts protected for up to 14 years had to register their works with the local district court. They were also permitted to renew their copyright for another 14 years, meaning a total of 28 years for a copyright. Congress also made up a patent board, consisting of the Secretary of State, the Secretary of War, and the Attorney General. These men would evaluate any patent application to determine if it was sufficiently useful and important. The board could then issue a patent that would be granted for a period not to exceed 14 years.

Congress took no action regarding education. Washington’s call for a national university would not be realized until 1821, decades after his death.

Washington Sick Again

One other big change for the President shortly after his speech was a new home. Washington had been living in a residence at 3 Cherry Street for nearly a year. In February of 1790, he moved to 39 Broadway, a large four story house recently vacated by the French minister. Its larger rooms and grander furnishings were deemed more appropriate for the President to receive visitors and to entertain.

President Washington continued his work with Congress through the spring of 1790. Sadly, New York City’s health condition plagued Washington once again. In May, he became quite sick with influenza and pneumonia. Witnesses reported that it impacted both his hearing and eyesight. Over the next week, it only got worse, with his breathing becoming weaker. The four doctors attending to him reported on May 15 that they did not have any hope that the president would recover. This caused panic throughout the capital as government leaders and others feared that the president’s death might destroy the government.

Over the next night, however, the fever suddenly broke and Washington began to recover. IN a letter around this time, Washington wrote: “Within the last twelve months I have undergone more, and severer sickness than thirty preceding years afflicted me with” he added another would “more than probable will put me to sleep with my fathers.” By May 20th, the president was past the worst of it. The doctors pronounced that he was on the road to recovery, though it would be several more weeks before he could resume most of his duties.

Next week, the nation begins to expand in the south, and Rhode Island finally joins the Union.

- - -

Next Episode 365 Southwest Territory & Rhode Island Joins (coming soon)

Previous Episode 364 New England Tour and NC Ratifies

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Sunday, October 5, 2025

ARP366 Rhode Island & Treaty of New York, 1790

Rhode Island Ratification

Southwest Territory

McGillivray and the Creeks

Treaty of New York

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Further Reading

Websites

Free eBooks
(from archive.org unless noted)

Books Worth Buying
(links to Amazon.com unless otherwise noted)*

Kaminski, John P. et. al. (eds) Documentary History of the Ratification of the Constitution, Volume 24: Ratification of the Constitution by the States: Rhode Island, No. 1 (Volume 24) Wisconsin Historical Society Press, 2011 (or download for free from Wisconsin web site).

* As an Amazon Associate I earn from qualifying purchases.William Blount

Sunday, September 28, 2025