The Mad General: Anthony Wayne and the Breaking of America

[Canis Lupis]

Chapter 4

The vote on April 29, 1796 stood at 49 to 49. Madison’s speech had managed to convince some Federalists to oppose the treaty, claiming that a more-competent negotiator could come up with a better treaty in the next administration. These Federalists were weary of the political violence erupting across the country and so, kowtowing to Madison’s pressure and public sentiment, voted “Nay” on the bill.

The final person to vote was Frederick Muhlenberg, who sat in a cold sweat in the House chambers. A Democratic-Republican, he had previously been a key participant in anti-Jay Treaty protests. Muhlenberg had even gone so far as to burn a copy of the treaty on the doorstep of the British ambassador. Nevertheless, he was conflicted. On the one hand, his partisan cohorts demanded he vote against funding the treaty. Madison’s speech and Madison’s pressure had proven too strong to ignore for the rest of the party faithful, but yet Muhlenberg resisted. Now worried about that political violence, especially after an impassioned speech by sickly Federalist Fisher Ames of Massachusetts which laid that violence as well as the merits of the treaty bare, Muhlenberg sat stewing.

Do I vote the party line? he thought. After all, this is a bad treaty, one which will doom the country to become Britain’s lackey once again. On the other hand though, does the House really have a say in this treaty? Won’t our voting it down just stoke more political violence?

Suddenly he heard the speaker’s aide call out again from in front of the podium: “Congressman Frederick Muhlenberg from Pennsylvania, what say you?”

Slowly, Muhlenberg rose from his seat. In another time, another place, he would make a different calculus. One that would lead to the end of his political career and to his brother-in-law stabbing him in defiance of his vote. But here, in this time, in this place, his conscience was clear: “Nay!”

“Mr. Muhlenberg votes nay. The vote stands at 49 to 50. The nays have it.”

And somewhere outside the hall, a lonely butterfly flapped its wings, oblivious to the constitutional crisis about to unfold.

 

[KingSweden24]

Yeahhhhh

 

[Canis Lupis]

Chapter 5

General Anthony Wayne had been in Philadelphia since December the year prior. He was receiving treatment for gout. After Washington’s death, Wayne had become one of the top-ranking generals in the United States, if not the top-ranking general. Big things were ahead, he surmised, and so he figured he ought to take care of his health. In another time and place, his health issues would kill him that winter. But Washington’s death stirred something in Wayne, and that included a desire to finally deal with this gout so he could competently and healthily lead men in the field.

Of course, there was no conflict yet. The wars with the Indians were wrapping up, and John Jay’s new-fangled treaty promised to help ease tensions between the United States and Britain. Wayne sat at an upscale tavern in Philadelphia, nursing a beer in the corner. He wanted to appear social, but did not actually wish to socialize. He just wanted a quiet moment alone, just himself, his drink, and his thoughts of the future.

Just then, a young man, no more than twenty, burst through the door of the tavern. “The House has voted down the treaty!” Throughout the tavern, men shouted for joy, clanking their mugs together in celebration of the treaty’s demise. Wayne though continued sulking in the corner, contemplating just want this meant for the Republic.

By now, Federalist supporters would be rushing to the Supreme Court demanding a hearing on the House’s vote. Or would be rushing to the Senate or to President Adams’ office, demanding either or both do something about this unruly House. Mostly though, there would be Democratic-Republicans in the streets cheering the end of this treason.

Wayne could sense blood on the cusp of being shed. It was a skill he had honed after years in the field. He now realized, despite his gout and his desire to return to combat, that he was in exactly the right place. More so now than the Northwestern Frontier, Philadelphia was the center of the action.

 

[Canis Lupis]

Chapter 5.1

The Supreme Court, under the leadership of Chief Justice Oliver Ellsworth, took up the matter at hand on June 21, 1796.[1] The case became the infamous Madison v. Adams.

The court heard arguments from Congressman James Madison and Secretary of the Treasury Alexander Hamilton. Madison argued that it was the House’s duty to appropriate funding for the treaty, thereby weighing in on the treaty’s legality. By voting to deny funding, Madison’s argument went, the House had denied the treaty’s legality, meaning that despite the Senate’s approval the treaty was no longer law. Hamilton argued that the House had overstepped and must obey Constitutional procedure. The Senate had already approved the treaty. Therefore, the House had no say in its legality and therefore the vote to approve or deny the treaty funding was an illegal vote; the House must approve funding, since the Senate had already advised and consented to the treaty approvingly.

The Supreme Court deliberated for the next several days before handing down their landmark decision. The House vote had no bearing on the treaty’s legality meaning that, pending President Adams’ signature, the treaty was the law of the land. Congress and the US government must abide by the treaty provisions, again pending President Adams’ signature. The court deemed the House vote unconstitutional, establishing the precedent of judicial review.[2]

Reaction against the Supreme Court’s decision was swift.
—
Footnotes

[1] Chief Justice John Jay resigns to become governor of New York, just as he did IOTL. ITTL though, instead of being replaced by President George Washington making a recess appointment of John Rutledge, he is replaced by President John Adams making an appointment of Oliver Ellsworth (with the Senate confirming). Rutledge and Adams did not see eye to eye on the biggest issue of the time, the Jay Treaty, so it’s highly doubtful that Adams would appoint him. Ellsworth gets the nod instead.

[2] It is Madison v. Adams, and not Marbury v. Madison, which establishes this precedent ITTL.

 

[Canis Lupis]

Chapter 6
“Damn Oliver Ellsworth!” an older speaker, looking to be about 45, said from the steps city hall. This was where the Supreme Court had met to hand down its decision in Madison v. Adams.

The crowd roared.

“Damn anyone who won’t damn Oliver Ellsworth!”

The crowd roared even louder.

“Damn every one that won’t put lights in his window and sit up all night damning Oliver Ellsworth!” With that, the speaker reached behind him and pulled out a flag. Even from the back of the crowd General Anthony Wane could see its design. A timber rattlesnake on a field of yellow. He couldn’t quite make out the words but knew what they were by their association with the other identifying features of the flag: “Don’t tread on me.”

The crowd reached a fever-pitch as the speaker waved the flag over his head. Soon, from the front of the crowd, Wayne could see a large pole being raised. A liberty pole, he surmised. This crowd is bringing out all the symbolic imagery.

When the pole was erected, the crowd cheered even louder, echoing the speaker’s refrain of damning John Rutledge. Soon the speaker handed the flag off to an associate and waved his hands, silencing the crowd.

“Friends, we know what we must do! Onward! Onward to Adams!”

The crowd resumed its fever-pitch shouting, turning to march towards President John Adams’ residence. Anthony Wayne smiled. This crowd is easily manipulated, he thought as he slunk back into an alleyway and let the crowd pass. It might prove useful this fall.

 

[Canis Lupis]

Chapter 7

President John Adams signed the Jay Treaty on July 4, 1796, despite the crowd of protestors standing just outside his office window. The crowd would occasionally pick up clods of dirt and chuck it at his window. On more than one occasion, Adams practically leapt out of his chair in surprise at the sound the clods made as they hit the glass panes.

“Can’t they see what we’re trying to do here Abigail?” he asked his wife. She was sitting on a couch in the corner of the room, reading a letter she had just received from a friend from back home in Massachusetts. Sighing she put the letter down.

“I think John they’re just worried about giving up American sovereignty.”

“Oh now Abby, don’t tell me you’re on their side now!”

“No, but I can see their perspective. You should try it sometime.”

“From where I sit, these protestors are nothing but a bunch of radical French-aligned Jeffersonian half-wits.”

“John!” she said, surprised. “That’s no way to speak about your constituents. Why, if the voters had heard that, you’d be doomed in November!”

“Maybe I do not wish to run in November. Washington, God rest his soul, told me on more than one occasion how draining this office was. Did you know he had to be pressured to seek a second term? He wanted to return to Virginia, but duty demanded he stay. I am beginning to think the old general was right. Now I want nothing more than to return to Massachusetts and leave this bloody mess of a treaty behind.”

“And hand power over to Jefferson?”

“There’s always a catch, isn’t there? My, what a state our country would be in if he was in charge.” John sighed, rose from his chair, and moved to sit by his wife. “No, Abigail, you are right, as usual. It is my duty to remain here, in this office, and convince the American people that this treaty is the best we can do for now. I shall go out and calm this crowd.”

Gently, he kissed his wife on the forehead and made his way to the portico overlooking the street. As he opened the door, he could hear the crowd boo. He soon stepped to the railing and, raising his hands in a vain attempt to hush the crowd, spoke: “My fellow Americans, I have just signed the treaty whose merits are in question! Please, allow me to calm yo-”

But before he could finish, a fairly large rock, about the size of his fist, flew into his temple. Raising his hand to the wound, he pulled away fresh blood. John Adams felt his temper rising. “Is this how you treat your president?!!” he shouted. Further jeers and dirt clods and stones escaped the crowd. He narrowly avoid one more rock before he retreated back inside. He heard a glass pane shatter behind him. “Such seditious behavior,” he mused out loud as he retreated to his bedroom. “It must be handled swiftly. I shall meet with Speaker Dayton in the morning, and we shall ensure that this rabble behaves.”

 

[George_Apley]

Poor John. He doesn’t have the constitution for this sort of unrest. I hope he at least survives. But with assassination of the President normalized already I wouldn’t be surprised, and it could be a big crack in New England’s continued participation in the union…

 

[Jedi Dragon]

Considering how John Adams handled political opposition IOTL, I can't see this ending well.

 

[Canis Lupis]

John Adams right now:

 

[Canis Lupis]

Chapter 8

“It’s called the Sedition Act[1],” House Speaker Jonathan Dayton said, sliding a piece of parchment across the table to Secretary of the Treasury Alexander Hamilton.

President John Adams stood in a corner of the room, holding a cold cloth to his still-sore head wound. It had been weeks since the incident on the portico, but the stone had left a deep gash that had yet to fully heal. It caused him great pain, and annoyance. Everywhere he walked, he bore a sign of the people’s hatred towards the Jay Treaty, Adams’ government, and Adams personally. He had demanded action against the crowd which stoned him. The crowd had quickly dispersed after counter protestors attacked, but tensions in Philadelphia still remained high.

“Does it do what we discussed?” Adams asked while Hamilton scanned the document.

“Yes, Mr. President. It makes it illegal to write, print, utter, or publish false, scandalous, or malicious things about our government. In short, it would bring the full weight of the law down on that seditious rabble which injured you so.”

Hamilton put the parchment down. “It’s a good bill, Jonathan.” He paused briefly. “The Republicans won't like ot though, Jefferson especially.”

“Ah, what does Jefferson’s opinion matter anyway?” Adams said, scoffing and approaching the table. “He and Madison tried to stymie the first major accomplishment of my administration, and the last of Washington’s legacy. Moreover, I have reason to suspect that he may have paid off that rebellious crowd and spurred them to action. Lord knows he admires what the French are doing, and Lord knows he wants to bring revolution to these shores. He and his Republican rabble wish to topple this administration, of that I am sure.”

Dayton was a bit shocked by this conspiratorial attitude. Hamilton turned to the speaker and just shrugged lightly. He was none too shocked by this new attitude, knowing full well how much the attack had spooked the president. Frankly, Hamilton was shocked that Dayton was shocked. Here he was, presenting a bill which would silence Adams’ critics. How could Dayton not make the obvious connection between the attack and a rise in Adams’ paranoia?

“Mr. Dayton, I wish you to put your full legislative force behind this bill,” Adams said, resting his hands on the back of an empty chair. “I am confident that with our majorities in Congress, this will pass. Maybe then we can finally get to the business of governing rather than simple babysitting.”
—
Footnotes

[1] This is essentially the same Sedition Act that is passed later IOTL. The Alien Acts don’t accompany it, as of yet; Adams’ paranoia and fear over further attack prompt him to prioritize a sedition law, a law which Dayton, Hamilton, and other high-ranking Federalists are willing to draft.

 

[Canis Lupis]

And it's back folks! Sorry for the hiatus, I had some writer's block about how to get to this point and where I was going from here. I have solved the problem though and will be working more on this TL. I am aiming for updates at least once a week, sometimes more frequent. Stay tuned, the 1796 presidential election is nearly upon us!

 

[Canis Lupis]

Chapter 9

Senator George Cabot[1], a Federalist from Massachusetts, had been standing at the podium for what felt like hours to Senator Thomas Mason, a Democratic-Republican from Virginia. In reality, he had been speaking for no longer than ten minutes. Mason though was quite tired of Cabot’s rhetoric. It was tantamount to treason, he kept thinking. Here they were, this esteemed body, debating this Sedition Act that would undo all the progress he and others had fought for in the Revolution. In his mind’s eye, he could still see the gunfire and smell the smoke.

Speaker Jonathan Dayton had introduced the horrid legislation a few weeks ago. It had passed through the House by a narrow margin. His colleague James Madison had done his best, with Thomas Jefferson’s help, to coerce his fellow congressmen to vote against the bill and not be a stonewall to the march of liberty. But evidently Dayton and that sonofabitch Hamilton had gripped the Federalists by their knickers, keeping them in line. Now it was the Senate’s turn.

With a twelve-seat majority, the bill was almost assured to pass. So why then is Cabot grandstanding so much?

“Civil unrest is unbecoming of this great nation. These agitators and their violence threaten to tear us apart. President Adams and Speaker Dayton have, in their great wisdom, given us a tool with which to curb that violence.”
Democratic-Republicans, and some anti-Adams Federalists, almost universally stood from their desks and shook their fists at Cabot, shouting in refute. Only Mason remained seated.

Cabot stood at the podium, smirking at the opposition as Senator Samuel Livermore, the president pro tempore, shouted for order. As the rabble settled, Mason slammed his fist on his desk and finally stood.

“Their so-called wisdom would return us to monarchy!” Mason shouted. “First this president and his court of fools…” Federalists now stood to shout Mason down, but he continued, maneuvering slowly towards the front of the room, walking cane in hand. “...forced us to swallow Jay’s Treaty, leading us straight back to King George’s embrace! Now this Caesarian neophyte wishes to stifle opposition? Will this body simply become a rubber stamp for this administration?”

“How dare you, sir!” Cabot shouted, descending from the podium. “This is your country and your president of which you speak! Or have you forgotten whom you serve? I suggest you ret-”

But Cabot never finished the thought. Mason struck out at Cabot’s head with the heavy ornament of his walking cane, knocking the senator unconscious.
—
Footnotes

[1] It is important to note that Cabot does not resign ITTL. Partisanship has grown substantially relative to OTL at this point, and so Cabot doesn’t care one iota about the opposition of Jefferson and other Democratic-Republicans.

 

[Radek]

And things devolve to violence in the very chambers of Congress... this is not a good look for the fledgling Republic.

 

[Jedi Dragon]

And things devolve to violence in the very chambers of Congress... this is not a good look for the fledgling Republic.

There actually were brawls in Congress during the Adams administration OTL. Of course, things are going to be worse here than they ever were IRL.

 

[Canis Lupis]

There actually were brawls in Congress during the Adams administration OTL. Of course, things are going to be worse here than they ever were IRL.

Notably, there was an incident in 1798 when a Congressman (Matthew Lyon, DR-Kentucky) spit tobacco in the face of Roger Griswold (F-Connecticut) after the latter chastised him, in response to an anti-Adams speech, about the former's cowardice during the Revolution. Though the two were separated at the moment, they fought again later. Griswold attacked Lyon with a cane, and Lyon defended himself with a pair of fireplace tongs.

Also, interestingly, Lyon (after this incident) was the first to be elected to Congress from jail. He was imprisoned for violating the Alien and Sedition Acts, and not for violence against Griswold.


EDIT: Found a political cartoon of the cane versus tongs fight.

 

[Canis Lupis]

Chapter 9.1

Senator Cabot died of his injuries the following morning, August 18, 1796. Senator Livermore hastily organized a vote of expulsion, and Senator Mason was removed from office by a near-unanimous vote. Even the most staunch Democratic-Republicans did not wish their nascent party to be associated with wanton murder, though in private they would not go so far as to say Cabot’s murder had been in cold blood; Mason, they privately admitted, had had a point.

The very next week, debate over the Sedition Act ended and was passed along mostly party lines. Federalists, to a man, voted for the bill, as well as a few Democratic-Republicans who wished to distance themselves from Mason’s crime. President Adams signed the bill into law the next day.

Throughout the country, the law was used to shut down Democratic-Republican newspapers and prosecute their publishers. Despite this, these newspapers continued to openly defy the law, attacking the Adams administration for its tyranny. One particularly inflammatory editorial caused Adams to personally call for the author’s arrest during dinner at his cousin’s estate; the two nearly came to blows, with only Abigail able to calm her husband. Though historians now almost universally attribute the anonymous editorial’s authorship to Senator Aaron Burr, no such proof could be attained during that time. Secretary Hamilton, using his own name to emphasize his point, published his own editorial condemning the anonymous author and demanding he show himself. Private diary entries show that Hamilton secretly wished to duel this author, but whether he would have gone through with such an act had the opportunity presented itself is unclear.

Protests raged throughout the country, both in favor of the Adams administration (especially in New England) and in opposition to it (especially in the South). Occasionally, protestors would fly the French tricolor flag and burn the American one. A second revolution was brewing, just months before the presidential election of 1796. It would be the young nation’s last.

 

[KingSweden24]

Love this TL - a very novel POD, and it’s unpredictable where this goes next. Love the touch of flying the tricolor, too!

 

[Canis Lupis]

Chapter 10

“I appreciate you dropping in for a nightcap, general,” Judge Thomas McKean said as he replaced his cup of rum on the side table. The fire in the hearth was beginning to die down. McKean lifted himself from his chair and grabbed a poker from the wall to stoke the embers. In the chair opposite sat General Anthony Wayne, hero of the Battle of Fallen Timbers and many other conflicts with the natives in the Northwest Territory. Seated on a couch were two other potential Republican electors for Pennsylvania, former Congressman Peter Muhlenberg and former State Representative John Whitehill. The three had spent the past hour or so listening to Wayne’s proposition. Wayne took another sip of rum as the judge replaced the poker and returned to his seat.

“However, I am still uncertain of this plan of yours. Jefferson has our loyalties, and we are prepared to vote Burr for the vice presidency. I remain unconvinced that I should switch one of those votes for you, good sir.”

“I must concur,” Muhlenberg echoed, standing from the couch and sauntering over to the decanter in the center of the room to refill his glass. “I mean, let us face it. The only one that could heal this factionalism is General Washington himself, God rest his soul.”

Silence filled the room for a moment as Muhlenberg returned to his seat, taking another sip. Wayne let out a sigh.

“It is true, gentlemen, that I am no Washington. However, I firmly believe that I am the best option to fill his shoes. Adams may have been his vice, but he is far too divisive now. That dreadful business with the Sedition Act must assuredly rankle your would-be constituents, we be so lucky that you esteemed gentlemen join the ranks of Pennsylvania’s electors. And though it is true that Jefferson is a man of high moral character, he is simply an elitist with little connection to the people most hurt by this administration’s actions.”

The three men nodded hesitantly. Sure, Jefferson was a giant of this nation’s founding, but they could not deny that he had been somewhat insulated from the unrest in his Virginian estate.

“I, of course, have been amongst the people,” Wayne continued. “I have led them into combat to secure our frontier from the British and from their savage allies. I have been on the streets of Philadelphia, observing this unrest and attempting to talk sense into the most disaffected within the rabble. Through my efforts, Philadelphia has been able to avoid the worst atrocities that have befell our nation during this turmoil. Surely we are all grateful that that nasty business in Baltimore has not made its way to this great state.”

“Here here,” Whitehill said solemnly. He, along with all the men in the room, had heard reports of protestors burning down the Baltimore Customs House after a prominent Republican newspaper had been shut down over suspected seditious activity.

“I do not need all of Pennsylvania’s votes, gentlemen. Just enough to vault me into the top five in the electoral college. From there, the hope is that Congress will see me as the least divisive of all the candidates. I have no official partisan affiliation, and I am a man of the people in the vein of Washington. If I win, I can quiet this rebellion.”

The three other men sat quietly for several minutes, looking at each other and down at their drinks then back to Wayne. Finally, McKean spoke.

“This state needs a president, general, who will fight for it. I still support Jefferson first and foremost, but your passion has convinced me you would make a better vice than Burr. You have earned one of my votes, should I be so blessed by this state as cast one, and I can convince some others to similarly vote for you.” Wayne turned his head to the back of the room and saw the other two men nod in agreement. Satisfied, he stood and shook the judge’s hand.

“I shall take my leave then, good sir. I must away to Maryland. Thank you for your courage, and may God bless this nation.” The general shook Muhlenburg and Whitehill’s hands as well then, retrieving his coat and hat, exited Judge McKean’s abode. He was off to a local inn, figuring it would be prudent now more than ever to be seen amongst the people. The time was right for an insurgent candidate, one who could set this country on the right path, a path which saw him holding all the power. For the good of the people, he smiled to himself, spurring his horse forward along the path.

 

[Canis Lupis]

Love this TL - a very novel POD, and it’s unpredictable where this goes next. Love the touch of flying the tricolor, too!

Just now seeing this! For some reason I did not get a notification. Thank you for your kind words, that means a lot coming from you!

 

[Canis Lupis]

So, I must come to you, dear readers, with hat in hand and beg for your apology. In researching for the next update, I realized I made a pretty major booboo in an earlier update, which also affected the subsequent update. That, my friends, was an error in the makeup of the Supreme Court.

In chapter 5.1, I had stated that John Rutledge was the Chief Justice of the Supreme Court in June 1796, presiding over the controversial Madison v. Adams case. However, in doing research for the next update concerning who Adams would pick to fill a vacancy, I realized that I completely whiffed on my SCOTUS history.

John Rutledge appointment IOTL occurred in late June of 1795 due to the resignation of Chief Justice John Jay. The butterflies ITTL don't affect John Jay's election as governor of New York, so his resignation would still occur at the same time ITTL. However, what I had failed to account for was that Jay's resignation would take place after TTL's POD, after President George Washington's death. So it would be President John Adams who made the appointment.

Given that one of the biggest issues of the time was the Jay Treaty, which Adams supported and which Rutledge did not, it would be unlikely for Adams to appoint Rutledge to fill the vacancy. Instead, Adams appoints Federalist ally Oliver Ellsworth to fill that slot.

I have retconned chapter 5.1 to reflect this correction, and have also retconned chapter 6 (in which a rebellious crowd angrily protests Madison v. Adams) to mention Ellsworth instead of Rutledge.

Next update will be coming today, but I wanted to take the time to call out this error so that you all weren't confused when the update mentions Ellsworth in a footnote.