Part 2. Two Countries Are Better Than One
The Americans knew they’d won by late in 1778, as the British had been plling out for months and peace talks had begun. Not all the states had ratified the Articles of Confederation, but most had. One of the big sticking points had been lands claimed in the west by each state, though not all states had those. This kept Delaware from approving them till February of 1779. Maryland still hadn’t done it!
However, as the new nation and the British negotiated a peace, problems surfaced back in the Continental Congress which would cause a split. Now that the colonies weren’t united in trying to win their freedom anymore, other issues came to the forefront.
What happened was that the British pulled their troops out partly because they were certain to lose the Ohio River Valley area, and they wanted to avoid losing more.
Instead of sending troops to the Southern colonies, as he’d planned, General Clinton lost badly and pulled out, instead going to West Florida. Spain had entered the war around the time that peace talks began, and the British hoped to avoid losing any more. And, the excess troops helped defeat the Spanish at Baton Rouge before peace was signed.
Northern states wished to consolidate and focus on ensuring good trade relations now that they were about to make peace with Britain. Most didn’t want to join in the fight for West Florida. The number of troops Washington had was always in flux, and troops more interested in ensuring Pennsylvania’s holdings wouldn’t bother with supporting Georgia. Meanwhile, Maryland kept holding out, hoping to claim lands, and they were even willing to send troops south. However, this would mean other states also possibly getting back into the land grab.
A couple of Southern states eventually sent soldiers to ensure Fort Watauga was secure and to take areas around it, but they were unable to drive further south because General Nathaniel Greene, who might have gone, had left the army with peace being at hand. While it may be argued that even with the men from other states they could have done little themselves, this raised some bitterness between the states. Maryland actually did send soldiers when it was promised that they might be able to claim lands in West Florida, but not all the states agreed to this – it was clear that some states had a different foreign policy than other states when it came to the West.
On top of all this, some states were complaining about having to pay for these states’ actions.
When the final treaty was signed, the 33rd parallel was chosen as the border for the U.S. and British West Florida, roughly a straight line between the Mississippi and Chattahoochee River just before it begins to veer northeast. The British did acknowledge that the new United States had claimed pretty much all the area north of it through their numerous ventures.
Instead, the United States began discussing the possibility of dealing with Spain about buying rights to Spanish Louisiana from somewhere west of the Mississippi (perhaps the Arkansas River)down to the Mississippi and New Orleans.(1) First, though, the states needed to agree on a plan as to how or even if it was desired.
With this, Maryland’s refusal to ratify the Articles, taxes, and other things coming up months after the treaty was signed, delegates began in earnest to discuss amending the Articles in 1780. Much finger pointing went around as they tried to figure out what to do. The only thing certain was, they didn’t want a king.
Eventually, once he finished work on the Massachusetts Constitution in 1780, John Adams met with representatives from Maryland and other delegates to suggest not only how to give up those Western claims, creating new territories, but to suggest an entirely new Federal Constitution. George Washington, after being asked if he would become the king (possibly knowing he’d refuse), was asked to head up a new Constitutional Convention. Initial meetings would be held in September of 1780. Since the debate was clearly too rigorous, the delegates left having discussed a few things; which had been the plan all along as all knew it wouldn’t get done overnight. With no huge threats, they would work in committees writing to each other and then return in March of 1781.
Adams was highly respected after the Massachusetts Constitution and Declaration of Independence. Though his friend from the latter days, Thomas Jefferson, was unavailable – he was governor of Virginia – Adams found a pleasant working relationship with James Madison, a protégé of Jefferson’s. While Madison believed in a small government, like Jefferson, he and Adams worked on the development of a bicameral legislature like Adams had at the state level, as well as a system of checks and balances. Adams later noted that, “He [Madison] possesses the political genius wherein – had I not been here – he may have been able to develop our government himself.”
A number of compromises ended up being worked out, including those on slavery. Henry Laurens had been one of South Carolina’s leader slave traders decades earlier, but his son had been instrumental in arguing against slavery, and in the last months of the war, his son had tried to recruit slaves, promising freedom to them. Laurens – unlike a couple of South Carolina’s delegates – was willing to listen to arguments that slavery be eliminated in the new country, though he knew that would never be acceptable to Southern states. However, some argued that the country could not claim to be filled with free men while owning slaves.
In return for the nation’s capital being moved from Philadelphia to the more central Baltimore (as was noted, a city shielded more than Charleston, though still with a good harbor), Laurens and others were able to prevent a Fugitive Slave clause from being put in place. He noted that the idea of states which did not support slavery being forced to return fugitive slaves “violated the very principles of states’ rights that we claim to support.”(2) Indeed, he said, “Any power which is not specifically given to the government of the United States will be invested in the states.”
Of course, the South bent a little, too, becasue the British owned not only East Florida but also West Florida, and felt hemmed in. While a major effort was under way to ensure that the Mississippi remained navigable, such treaties would only help there, not with the land around Georgia. Indeed, concerns were raised about the number of Loyalists, but the war had been short enough that they weren’t seen to be a major problem, and many were going North anyway rather than inhabit the horribly malaria-infested parts of Florida. But, some were even staying in those backwoods parts of Georgia, and that also led to some calls to be separate.
Especially when complaints rained down in letters from back in the Carolinas and Georgia. Virginia’s was muted, though a bit belligerent, because of the work of men like Washington and, from his post as governor, Jefferson. There had been discussions of a compromise on how to count slaves when it came to representation, and some Northern states were considering accepting that. However, the Deep South insisted on inserting the clause, despite the states’ rights argument; true, there were slaves in most states, but it was in sharp decline.
Aside from that, things began falling into place in 1781,(3) aided in part by the work done over the winter with several committees of correspondence. Washington’s desire – as convention chair – for a Potomac capital was partly heeded, the more middle Baltimore, Maryland found itself as the compromise choice – as one delegate noted, “A city in one of the smaller states, but one which balances north and south, with tracts of land and farms nearby for the farmers and a large harbor for the merchants, it has a great mixture of many kinds of things that encompass America.” Maryland had pushed for this as a boost to its own taxes, though a federal district could be carved out of areas around Baltimore, which would soon be made an independent city, not part of a county.(4)
However, South Carolina was so insistent on Charleston as a capital, full support of slavery, and so on that they recalled Laurens, which upset those who had been working on the document with him and caused them to harden their positions. Georgia and North Carolina demanded a Fugitive Slave Clause, and now insisted on more; their position had been hardened, too. There was talk that they might form their own confederation.(5) Compromises had fortunately urged Virginia to remain, and in fact they were happy not to have a slave trade because it would make theirs more valuable. As it was, it was decided that nothing could be done about it till 1800, though it mostly disappeared beforehand. Smaller states didn’t mind much slaves being counted as people for representation since it would also be for taxation, because they could still band together and oppose actions by the larger states, as they would be likely to have New York and Massachusetts on their side if it was something to do with slavery, and they could make sure that – with a compromise in the works to create new states out of any Western claims – they could create smaller states whose representatives would vote with theirs, since each representative would vote individually, not as a bloc.
The document was signed in August, 1781, without South Carolina or Georgia – but with the invitation to join later. North Carolina dithered. It was not only their dithering but that of others that would soon cause the new Constitution to get, from Congress, a promise of individual rights. A Bill of Rights would be added later. Indeed, the Constitution was amendable without needing a whole new convention. The President’s term would be 4 years, with re-election possible.
Washington had been a key figure and was the almost certain first President. After all, while he hadn’t led the country through lots of hardship, he was still a respected political leader and much better than the bombastic Adams. Jefferson – who was only 38 – was seen as too young and idealistic. Benjamin Franklin was considered, but in 1783 he’d be 77 and getting rather sick with gout. Washington would, however, honor him by naming him Postmaster General in his first cabinet, a position Franklin held for a year before his retirement.
When the Electoral College met, Washington was chosen unanimously, with Adams chosen as his running mate; while discussion had been had on the 2nd place man being Vice President, Adams had insisted that – like a Lieutenant Governor – the Vice President should be a separate office, not just a “runner up position.” He hoped to turn it into a powerful, Senate-leading post, though it didn’t work out that way.(6) Delegates also liked it because they saw the chance to settle the North-South debate that way, as well as the Big state-Small state debate, by having one person from each on the ballot running for President and Vice President. Washington would take office March 1, 1783.
Meanwhile, the Columbian Confederation of America (CCA)was formed with a fairly similar structure but much more loosely knit. The President, who would serve a 6-year term, had little power. It was much more an aristocratic nation. John Rutledge became the first President January 1, 1782, as they had found it easy to quickly develop a loosely knit Confederation, and had no debates on slavery. (There would be no Vice Presidency, as the head of the Senate would automatically take over if needed.)However, the 2nd Confederation President, Charles C. Pinckney, would mold the government into a more centralized one.
North Carolina dithered for many months;(7) they wanted changes, but even as a Bill of Rights was promised, and the new government pledged to recognize them as an equal state, the CCA looked very promising. It was a looser group, at least at first, and while they felt very close to Virginia, some in Virginia, like Patrick Henry, had even “smelled a rat.” When a bill began to be discussed in early 1783 about abolishing slavery in territories – one which would pass the following year – the state felt they had to say “no” and join the CCA. However, there would always be those wishing to join the U.S. instead, and as Columbia’s Federal power became stronger under C.C. Pinckney, and other things happened, those voices calling for splitting off from Columbia grew louder.
As for now, a border was established after negotiations with the CCA. The CCA would stretch from the border of British Florida and Georgia at the Chattahoochee (Just above OTL Eufala, Alabama; it was be just inside the U.S. part) on a straight line to the point where the Tennessee River begins to go generally north (OTL around Sheffield, Alabama), so including Lake Wheeler, then following the Tennessee generally north. Meanwhile, the line established by the border of Virginia and North Carolina would be followed west to the Tennessee River, where it would concluded the boundaries of the CCA.
That way, the CCA could transport along the U.S. portion of the Tennessee toward the Mississippi. It let North Carolina claim land out to the Tennessee and the Confederation territory otherwise on the Tennessee could become a new state. That way, three states (two present, one future) had rights on the Tennessee, and the other housed the capital and the largest port. (South Carolina would quickly learn that an error in mapping a river made their claim out to the Mississippi moot). North Carolina and Georgia each had a little of the territory they had claimed; one argument between Georgia and the others was that Georgia wanted to claim everything, including British Florida if they ever got any. This way, it’d be more even, and Georgia wouldn’t grow to a monstrous size; even with their Confederation the CCA states had had to do some wheeling and dealing.
Washington’s administration helped set the foundation of the government, established the treasury department through Robert Morris(8) and his deputy, Alexander Hamilton, with the Federal government assuming state debts, and other things. The national government had been made stronger, and nobody knew if it ever would have had the Articles been ratified.
In addition, Congress was already looking to ban slavery in the Northwest Territory, and many hoped it could be banned in all territories. It appeared later that it had become almost a certainty that the Northwest Territory would be free, but without the CCA’s presence, a law passed by several votes banning slavery in all territories, with the exception of what would become Kentucky.(9) This appeased Virginia and many who had moved into Kentucky from the CCA, wishing to be part of the larger, stronger USA. Daniel Boone became one of the leaders of this movement, helping to develop settlements in Kentucky for them. Meanwhile, because of the CCA, it was harder for people to get to the territories south of the CCA, anyway. With many Indians there, most didn’t bother.(10)
In foreign affairs, Washington tried to steer way clear of involvement in European affairs while forging peace with Britain and Spain, including ensuring navigable waterways. The Spanish only listened a little when it came to inquiries about part of Louisiana, but they knew the U.S. was interested and preferred to deal with them rather than possible losing the area to Britain.
However, while the US calmly set up their nation, events in Europe had become quite interesting. The French, especially, felt like they still had unfinished business against Britain, but they weren’t sure where to start. And, Spain still wanted Florida back. Meanwhile, there were still major concerns as Franc and Spain tried to recover from the money spent financing the Revolution.
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(1) Remember that here, Britain still owns West Florida, and quite a bit of it. So, the U.S. needs a larger amount of territory since they’d have to go around it to get to New Orleans.
(2) OTL Laurens was a delegate to the Convention ratifying the Articles of Confederation, and was young enough yet he still could have represented South Carolina here, replacing one of the men who pushed hard for the Fugitive Slave Clause.
(3) TTL’s Constitution, built by roughly the same men, is mostly the same except for a few pieces, such as a Vice President selected on a separate ballot like OTL’s 12th Amendment, and bits about slavery for reasons mentioned; Laurent isn’t involved elsewhere as in OTL so he is available, and he and another replace the 2 most vocal men who inserted the Fugitive Slave Clause OTL. Meanwhile, Adams mostly fills Hamilton’s shoes, as Hamilton may be a bit young to serve in this Cenvention, while Madison would still be appointed with Jefferson’s help.
(4) General Washington pushed for a Potomac capital since it’d be so close to home for him. He’s not quite as renowned TTL, though he is some for having won some important victories, though, so Baltimore is a good compromise and seems like it’s partly for him, anyway, even if it isn’t.
(5) OTL the Fugitive Slave Clause was removed but then quietly reinserted the next day – it’s unsure why but perhaps because of a threat by some states to walk out.
(6) An important possible change with Adams there. It makes sense that a VP could be like a Lt. Governor, but more importantly, Adams wanted to do this to the VP role anyway, and would argue for it at the Convention, before landing in the role and finding much opposition to him as that leader in the senate, anyway, as occurred OTL.
(7) North Carolina was next to last to ratify, doing so months after Washington took office, because of the lack of a Bill of Rights and seeming to feel states’ rights were more important. With a loose confederation available, they will be willing to join it at first, though as noted in the text, it wont’ last.
(8) Morris was offered the position OTL but recommended Hamilton. Here, 6 years younger, Hamilton would be a bit young and instead be Morris’ assistant, at least for a few years, after which Morris could retire in the late 1780s if he chose.
(9) A law banning slavery in territories was almost passed in 1784 OTL, and that’s with the Deep South. It’s likely something similar to the Northwest Ordinance passes TTL because Vermont would enter quickly and for a while, at least, there would be more free than slave states, even if the CCA doesn’t decide to form its own nation.
(10) The Cumberland Gap is in Columbian hands, and while there is a route it would require going along the Ohio and down through far western Kentucky or along the Mississippi, which is why the U.S. will be seeking land soon.