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1781, Cornwallis surrendered his army. After that the sword was exchanged for the pen and the contest was transferred to Paris, where, September 3, 1783, a treaty of peace was concluded. John Jay, with Dr. Franklin and John Adams, played a prominent part in the negotiations.

CHAPTER XXI.-NEW YORK AT THE CLOSE OF THE REVOLUTION

Articles of Confederation. Seven months previous to the surrender of Cornwallis, Congress met for the first time under the new powers conferred by the Articles of Confederation. During four years these articles had been before the states for approval. New York was among the first to ratify them, but Maryland refused to do so until the claims of the states to western lands were adjusted. New York's claim rested on the treaties with the Six Nations. The claims of Virginia, Connecticut, and Massachusetts were based on old charters long annulled and replaced by new charters. A committee of five members appointed by Congress to examine these claims reported that" the sole title to the western lands was in New York." Congress adopted the report. "With a magnanimity unparalleled,"

New York made a free gift of this vast estate to the Union. Congress accepted the gift. The other states followed New York's example. Maryland at once approved of the articles, and the Confederation was complete (March 1, 1781).

Washington Refuses a Crown.-While Jay and his companions were at Paris concluding terms of peace,

Washington and his army were at Newburg. It was while there that his officers wished him to take "the title of king." Washington rejected the suggestion with scorn. Thus the Father of his Country opened

the way for the great Republic.

Evacuation of New York.-In April, 1782, Sir Guy Carleton replaced Clinton at New York. Hostilities had already ceased. Sir Guy wrote to Washington that he was preparing to evacuate the city. In the early months of 1783, Loyalists began to sail for Canada and Nova Scotia. It is estimated that 100,000 souls left New York" with all their cattle, hogs, sheep, poultry, grain, household furniture, and utensils of husbandry." The last of the British troops embarked on November 25, since known as "Evacuation Day."

Washington's Farewell.-Washington and Governor George Clinton, followed by a large procession of soldiers and citizens, took possession of the metropolis. Clinton had been chosen governor in 1777, again in 1780, and was now serving the first year of his third term. Four more times he served as chief executive, thus holding the office twenty-one years. Nine days after Sir Guy's departure Washington, "with a heart full of love and gratitude," bade farewell to his companions in arms, and on December 22 resigned his commission to Congress.

Treatment of Loyalists. The treaty of peace protected the Loyalists and stated that no such person should "suffer any further loss in his person, liberty, or property." New York refused to observe the terms of the treaty because everywhere the patriots protested. In a mass-meeting at Fort Plain in May, 1783, they re

solved that their Tory neighbors should not be perImitted to live in the district" on any pretense whatever." In New York City the Sons of Liberty declared in a meeting held in March, 1784, that no Tories ought to be permitted to live in the state. The legislature disfranchised all objectionable Loyalists and passed the Trespass Act, which allowed patriots to collect damages from Tories who occupied their properties. Large sums were realized by the state from the sale of property forfeited by Loyalists.

Harsh Acts Repealed. Many thoughtful persons, among them Hamilton and Jay, said that these laws violated the treaty of peace, the laws of nations, and public morals. Through Hamilton's influence in a test case, the Supreme Court declared the Trespass Act void. In 1787 the disfranchising act was repealed. Thousands of Loyalists became good citizens of the new state, but still other thousands emigrated to various parts of the British empire.

At the Close of the Revolution only two or three streets in the city of New York were paved. Street lamps were few and owned by private persons. Dutch customs prevailed and most business was transacted in Dutch. Albany was still more Dutch than New York, and remained so for years. There no streets were paved. The war had killed the fur-trade. In 1797 Albany became the capital of the state. "Troy was not much more than a collection of houses" of the Van Rensselaers. A few houses clustered around an inn formed Newburg.

Western New York.-The country north and west of Schenectady was almost an unbroken wilderness. When

Washington and Clinton went through central New York in 1783, Oswego was a military post on the extreme frontier. "Deer browsed and black bears roamed at will over the plain where Rochester now stands." Foxes and wolves were numerous on the site of Syracuse. At Saratoga a single spring bubbled up through a barrel sunk in the ground.

CHAPTER XXII.-NEW YORK ADOPTS THE
CONSTITUTION OF 1787

Trouble under Articles of Confederation.-The Articles of Confederation, adopted in 1781, proved to be very unsatisfactory. New York refused to consent to a duty on imports to raise money with which to pay public debts unless her officers should collect the duties in the currency of the state (1786). Congress tried to induce Governor Clinton to call the legislature in order to have this condition removed, but he refused to surrender the advantage which the fine harbor gave New York.

Constitution of the United States. An attempt to revise the weak Articles of Confederation led to the framing of the Constitution of the United States (1787). New York was represented in the constitutional convention by Alexander Hamilton, Robert Yates, and John Lansing, Jr., but when all states were given equal representation in the national senate the last two withdrew, declaring that the convention had exceeded its powers. Two parties began to form, the Federalists, who favored the constitution, and the Anti-federalists,

who denounced it for transferring too much of the state's power to Congress. Hamilton, Jay, Richard Morris, John W. Hobart, Robert R. Livingston, and James Duane belonged to the first party; Governor Clinton, Robert Yates, Peter Yates, John Lansing, Jr., Abraham Lansing, Samuel Jones, and Melancthon Smith were members of the second. In Albany the Antifederalists burned a copy of the constitution, and a fight took place between them and the Federalists.

Attitude of New York. Clinton led the Antifederalists in New York, while Hamilton and Jay championed the other party. To Hamilton more than any other man belongs the credit of securing the adoption of the constitution. With the aid of Madison and Jay he wrote The Federalist papers which won thousands to the support of the new constitution. After a long and stormy session at Poughkeepsie the state legislature adopted the constitution (July 26, 1788).1 The ratification did not take place, however, until the fact was known that the required nine states had given their approval and until certain amendments had been recommended.

Washington Inaugurated.-Congress made New York City the capital of the newly organized nation. There, on the balcony of Federal Hall, amid a vast throng of proud Americans, Chancellor Robert R. Livingston tendered the oath of office to President Washington. A shout of gladness went up from the people, guns were fired, and the church bells rang out joyful peals. At night fireworks and bright illuminations closed

1 The final vote stood 30 to 27 in favor of the constitution. Seven refused to vote.

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