cordingly appointed and met at the Moore House-the old "Temple Farm," which had once been the residence of Governor Alexander Spotswood. The terms were transcribed and sent to Lord Cornwallis early on the morning of the 19th; and Washington requested him to return them signed by eleven in the forenoon, and that the garrison should march out at two on the same afternoon.

The terms were assented to, and the capitulation signed by Lord Cornwallis. The British forces were surrendered as prisoners of war to the combined armies: the marine forces to the French, and the land forces to the Americans. The officers were to retain their side-arms, and both officers and soldiers their private property.

At about noon (October 19, 1781), the American army was drawn up in two lines about a mile long, on the right and left of a road running through the fields south of Yorktown. On the right were the American troops under personal command of Washington, on the left the French under Rochambeau; and a great crowd of people had hastened to witness the ceremony. It took place at the hour appointed. The British troops marched slowly out of Yorktown, with drums beating but colors cased, an indignity which had been inflicted on General Lincoln at Charleston. The English commander did not appear. General O'Hara, who was in command, rode up to Washington, saluted, and apologized for the absence of Lord Cornwallis, who was unwell. Washington saluted in response, and pointed to General Lincoln as the officer who would receive the surrender. O'Hara then presented Lord Cornwallis' sword to Lincoln, it was at once returned to him, and

the surrender was over. The British marched between the American lines to a field near at hand, where they stacked arms. Their demeanor was gloomy and incensed. Some of them hurled their muskets on the ground, and Colonel Abercrombie bit the hilt of his sword from rage. The troops were then marched back to Yorktown under an American guard.

On this same day, and nearly at the hour when Lord Cornwallis surrendered, Sir Henry Clinton sailed from New York with thirty-five ships and seven thousand men to reënforce him.

XIX.

THE CONSTITUTION.

THE surrender of Lord Cornwallis virtually terminated the Revolutionary War. In the spring of the next year Lord North retired and was succeeded by the Marquis of Rockingham, at the head of an anti-war ministry. Orders were sent to the British commanders in America to discontinue hostilities; and (September 3, 1783), a definitive treaty of peace was signed, by which Great Britain recognized the independence of the American Colonies.

After a long and often doubtful struggle, the Americas had thus achieved their independence. What were they do with it? As long as the war continued it was useless to agitate that question. Now it pressed upon the Country and must be decided. The old Articles of Confederation, framed during the storm and stress of the first years of the struggle, were felt to be "a rope of sand.' The American States were either to nations, or to enter into a durable

set up as separate

union; and the latter policy was strongly urged by Virginia. It is necessary to state this fact; the "Statesright," record of the Commonwealth has produced the impression that the sentiment of union was not strong in the people. The contrary is the fact. From the first, the Virginians were the foremost advocates of union, and made every sacrifice to effect it.

To bring it about, Virginia began by surrendering a rincipality. The entire region beyond the Ohio, now the States of Ohio, Indiana, and Illinois, was a part of her domain under her charter. Her right to it rested upon as firm a basis as the right of any other Commonwealth to her own domain, and if there was any question of the Virginia title by charter, she could assert her right by conquest. The region had been wrested from the British by a Virginian commanding Virginia troops; the people had taken "the oath of allegiance to the Commonwealth of Virginia;" and her title to the entire territory was thus indisputable. Nevertheless it was called in question. It was said that the American Union before there was any union - had succeeded to all the rights of the Crown. But the reply to this was fatal. The Crown had ruled as of sovereign right; had appointed governors, privy councilors, magistrates, and military officials; and had vetoed the legislation of the Colonies at its will. The true theory was unassailable. The country north of the Ohio River was a part of Virginia under her original charter; remained a portion of her domain when, in May 1776, she declared herself an independent Commonwealth, before there was any union; and she herself succeeded to all the rights of the Crown.

-

These rights she now abandoned; and her action was

the result of an enlarged patriotism and devotion to the cause of union. The Articles of Confederation had not been adopted by all the Colonies; some of them still held back. They were unwilling to recognize the Virginia title, but would "accede to the Confederation provided Congress would fix the western limits of the States claiming to extend to the Mississippi, or the South Sea." The issue was thus distinctly presented; the surrender of the territory and union, or its retention and disunion. Virginia decided for union, and (January, 1781), agreed to cede the country to the Federal government; in 1783 Congress accepted her terms; and in 1787 passed an ordinance for the government of the territory.

This stumbling-block had thus been removed by the magnanimity of Virginia, and the Colonies holding back had signed the Articles of Confederation. These were now, however, seen to be wholly inadequate to the government of the country; and in January, 1786, Virginia recommended a General Convention to make such alterations in the old articles as were necessary for "the exigencies of the Union." The rest of the States acquiesced, and (May 25, 1787), all but Rhode Island met in consultation at Philadelphia. Washington was elected President of the Convention, and it at once proceeded to the great business before it. The discussion of the terms of the proposed Union lasted from spring to autumn, and was conducted with great excitement, and often with bitterness. The smaller States were under the apprehension that they were to be sacrificed to the larger, but these fears were at length overcome, and (September 17, 1787), a Constitution was agreed upon which was to be submitted to conventions of the people of the several States, to be by them adopted or rejected.

A passionate agitation followed in Virginia. The people were divided into two great parties, and the Constitution was supported or denounced in discussions of unheard of bitterness. Nothing else was spoken of. Speakers traveled over the State addressing the people of every county. In town and country the only topic was the " new plan of government."

The Virginia Convention met at Richmond, now the seat of government (June 2, 1788), and consisted of one hundred and sixty-eight members. Edmund Pendleton was elected President, and the struggle at once began. To conceive an idea of its vehemence it is necessary to read the old volume containing a report of the debates. It was a bitter and prolonged conflict, and the first men of the Commonwealth were arrayed against each other. Patrick Henry was passionately opposed to the new Constitution. He said that he "saw poison under its wings;" and that it "squinted toward monarchy;" that it was naked consolidation; surrendered the rights of the States; and evil was certain to arise from it. Personal attacks were made on the motives and consistency of members. Henry and his old friend Edmund Randolph had a sharp passage-of-arms, and Henry exclaimed: "If our friendship must fall, let it fall like Lucifer, never to rise again!" He was supported in his opposition by George Mason and James Monroe. Mason had set his face against the instrument in Philadelphia, and now again denounced it. It was a national not a federal government, he declared; the power conferred on the President was overwhelming; the Supreme Court, which was to judge of the law and the fact, would destroy the liberties of the people. He and Madison, like Henry and Randolph, came nearly to personal col