George Washington was a gambling man. Although the Father of Our Country once called gambling “the child of avarice, the brother of iniquity, and the father of mischief,” that did not stop him from testing the odds in all manner of pursuits such card playing and lotteries. His willingness to take risks, however, did not end at the card table. As a general, Washington used feints, intelligence networks, and strategic deception whenever he could to eke out an advantage over his enemy the British, then the most potent military power in the world. Little wonder that one of the phrases he wrote to a disheartened fellow officer during the American Revolution was, “Perseverance and spirit have done wonders in all ages.”
One of Washington’s greatest gambles resulted in ultimate victory over British forces — in fact, some historians suggest it was the most important decision he ever made as a military man. In 1781, General Jean-Baptiste Rochambeau led French troops that joined with the Continental Army during its summer encampment on the Hudson River near the town of Dobbs Ferry, New York. The French believed the American army was running out of time as it lost men and the ability to remain adequately supplied in a war that could not continue much longer. An attack on Manhattan and the British forces there was the more feasible and logical target for the combined armies. But, it was also where the British expected the blow to fall. A long-shot, but a long-shot worth taking, was the strategy of marching the combined armies out of New York and then head for Virginia where Washington and Rochambeau could trap General Lord Cornwallis at Yorktown. Washington’s joint armed forces would be supported by the French Navy under Admiral Francois de Grasse, whose armada would take possession of Chesapeake Bay and leave Cornwallis with no escape. The result was “the world turned upside down” American victory familiar to any school kid who paid attention in his U.S. History class. Cornwallis surrendered, the British were in shock, and George III’s government began negotiations that led to the end of the war and recognition of American independence.
Richard Borkow, a pediatrician who is also the village historian of Dobbs Ferry, in his book George Washington’s Westchester Gamble: The Encampment on the Hudson & the Trapping of Cornwallis (The History Press, 2011) admirably explains how Washington fooled the British with a campaign that defied long military odds yet won the American Revolution. On the face of things, some would argue that the Battle of Yorktown is familiar territory well-examined by historians with little new to tell. Borkow’s book, though, is written in an episodic fashion that explains the events that led to the “Westchester gamble” including decisions and actions from the very beginning of the armed conflict between American Patriots and the British army that had more far-reaching effects than the main players of the time realized. The strength of Borkow’s examination is the way the author reminds us that Washington’s career as commander-in-chief of the Continental Army was fraught with disasters and near defeat. Despite his unquestionable bravery and superb leadership, Washington faced mutinies, a Continental Congress that vacillated between praise of achievements and open discussion of replacing him with a better general, French allies who (rightly) saw that the American cause constantly teetered on the edge of annihilation, and even serious discussion whether the war should be about securing a United States comprised of only the New England and Middle Atlantic states, a plan that would abandon General Washington’s native Virginia and the rest of the South. No wonder Washington wrote after the war in 1783 of challenges he blandly called “distressing circumstances” that might make it hard to believe a rag-tag army of former colonials defeated a global superpower during eight years of terrible war.
Although Borkow’s book is brief and readable, it is an impressive work of depth and insight by a writer who is really an amateur historian. He clearly explains the importance of key events in the American Revolution that had direct bearing on Washington’s decision. The book is particularly strong in its description of the importance of the French alliance, why the French decided to back the Americans in the fight against the British, the military goals of French forces, and the constant stream of French reports on the outlook for American forces during the war. (The tone of those reports can be summed up in one word: grim.) One fascinating section of the book also relates how George Washington dealt with mutiny in the ranks of the New Jersey and Pennsylvania contingents of the Continental Army. Congress wanted to negotiate with the mutineers; Washington knew that mutiny would spread and destroy the American cause, so he had the offenders confronted and the unrepentant ringleaders executed. As Washington once wrote, “Discipline is the soul of an army. It makes small numbers formidable; procures success to the weak, and esteem to all.”
Occasionally, the detailed background sections detract from the main story in the book but a thematic outline at the beginning will help the reader keep track of Borkow’s narrative. On the whole, it is an excellent account of what was more than the march of American and French troops to Virginia for what we today might mistakenly think was inevitable victory, but was actually one of the greatest rolls of the dice in American military history.
UPDATE: In a video interview, Borkow discussed what could be the most the important decision George Washington ever made during the Revolutionary War with David Hackett Fischer, Earl Warren Professor of History at Brandeis University and the Pulitzer Prize-winning author of Washington’s Crossing. The video is here.
Secession without Aggression? Acts Speak Louder Than Words When It Comes To Independence
Two ideas unite these secession petitions. First, the writers are convinced that the re-election of President Barack Obama heralds the end of constitutional government because of his presumed agenda of pushing forward with the massive healthcare program that will emerge from the Affordable Healthcare Act and other examples of “big government” policies that will continue to expand the scope and power of the federal government. Secondly, the language of the petitions frequently contains rationale based on the language and the ideas of the Declaration of Independence, including the Lockean idea of just resistance and revolution and the implied natural law theory that positive action (the ability to do something independent of authority) are some of the hallmarks of liberty. Whether the proponents of seccession are students of the Declaration, sore losers after a contentious presidential election season, or dangerous radicals will no doubt be judged more by the eye of the beholder than through cool analysis.
But I will offer an effort at dispassionate analysis out of sheer fascination with what is unfolding. Whatever one thinks of the proponents’ politics (be they Tea Party, libertarian, or simply individuals who despise President Obama) the volume of support for the petitions is astounding. Perhaps it takes as much political thought to sign an Internet petition as it does to “friend” someone on Facebook, but the fact remains nearly half a million Americans as of this writing have signed a petition calling for the dissolution of the United States through peaceful secession. The Bolshevik Revolution of 1917 was successful in its efforts with fewer supporters in Tsarist Russia. Actual secession is probably not the goal so much as the effort to turn the tables on the administration in an embarrassing fashion and use their own program against them. Also, so far the White House has not assigned staff to examine even the Texas petition despite the stated policy that the executive branch will address an issue once the threshold of 25,000 signatures is reached.
However, what is also obvious is something that has marked the 21st Century’s “radical Republicans” and consternated conservatives: They know their American civics and political history, including the contents of the Declaration, Constitution, and Bill of Rights. For example, the odious fact the Confederacy was a slave-holding republic does not negate the fact that many Southerners used the language of the Declaration to justify secession and resistance against the North. The Declaration is quite clear: “But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.” What constitutes abuses and usurpations might be in the eye of the beholder, but the arbitrary use of power against a people’s liberty is a clear justification to “throw off” a government that allows or practices that kind of power.
Furthermore, the proponents also know something that the Founders also claimed. It is one thing to declare your independence, defined as the right to pursue liberty, which is the ability to do all things within the law without permission of a higher authority. It is quite another to act on your liberty, and positive action – even secession – is proof of real liberty. It might not be an advisable action, but it is an independent action. At the time of the Declaration, the United States had to prove it was thriving, viable state, not simply a rebellion, not the 18th-century equivalent of Somalia, the Sudan, or some other failed state wracked by civil war or insurgency. Actions do speak louder than words.
At the time the Declaration was written, the world was full of independent states (though they were almost all monarchies), there was thriving international trade, recognition of the importance of state sovereignty (the power of a nation to govern its own affairs independently, free of interference from outside powers) was universal in the trans-Atlantic world, and there was a system of alliances and treaties that reflected both the European balance of power and global commercial interests. Fundamental to any new nation’s ability to engage in these activities was the power to defend its citizens and seek relationships in the national interest. Self-protection was essential to this ability, and a struggle for independence to create a state with good government was justifiable under the laws of nature and nations. All of these positive actions marked independence in a way that the current petitioners of secession would probably accept as goals for, say, an independent Republic of Oregon or Republic of New Jersey. (Please keep the snickering to a minimum.)
The writings of Emerich de Vattel (1714-1767), a Swiss lawyer and political philosopher whose Droit des gens; ou, Principes de la loi naturelle appliqués à la conduite et aux affaires des nations et des souverains (The Law of Nations or the Principles of Natural Law Applied to the Conduct and to the Affairs of Nations and of Sovereigns, 1758) became the standard work on international law that helped shape the Founders’ concepts of statehood and international law. It provided a working definition of the powers of an independent state used by the drafters of the Declaration of Independence. Vattel was widely read both in the original French and in English translation by members of the Continental Congress: Benjamin Franklin, in a letter to Charles W.F. Dumas (December 9, 1775) wrote, “I am much obliged by the kind present you have made us of your edition of Vattel. It came to us in good season, when the circumstances of a rising state make it necessary frequently to consult the law of nations. Accordingly, that copy which I kept, (after depositing one in our own public library here, and sending the other to the College of Massachusetts Bay, as you directed,) has been continually in the hands of the members of our Congress.” As one 18th -century translator rendered Vattel’s definition of a sovereign nation, “Every nation that governs itself, under what form soever, without dependence on any foreign power, is a Sovereign State. Its rights are naturally the same as those of any other state. Such are the moral persons who live together in a natural society, subject to the law of nations. To give a nation a right to make an immediate figure in this grand society, it is sufficient that it be really sovereign and independent, that is, that it govern itself by its own authority and laws.” Vattel also argued that the geographical size or power of a nation (such as one made of 13 constituent states) did not eliminate or dilute the sovereign nation’s right to defend the interests of its people. “Since men are naturally equal,” he wrote, “and a perfect equality prevails in their rights and obligations, as equally proceeding from nature, nations composed of men, and considered as so many free persons living together in a state of nature, are naturally equal, and inherit from nature the same obligations and rights. Power or weakness does not in this respect produce any difference. A dwarf is as much a man as a giant; a small republic is no less a sovereign state than the most powerful kingdom.” What does this have to do with a burgeoning secession movement, real or tongue-in-cheek? One of the great truths of the Declaration is a small group of citizens — or one man or one woman — has the same inherent rights to government by consent as large populations. Size does not make one more important than another when it comes to rights. Size only matters in politics. There is a distinct difference between the two.
Although subjects of a sovereign owed him their allegiance and needed to maintain the “political association” even during the worst times to avoid internal and international chaos (“It is, then, an essential and necessary condition of the political society, that the subjects remain united to their prince as far as in their power”) Vattel argued that international law recognized the right of subjects to break away if they have been abandoned by their prince. “If, therefore, the state or the prince refuses or neglects to succour a body of people who are exposed to imminent danger, the latter, being thus abandoned, become perfectly free to provide for their own safety and preservation in whatever manner they find most convenient, without paying the least regard to those who, by abandoning them, have been the first to fail in their duty” – a maxim Vattel justifies with examples of his fellow Swiss breaking away from the Holy Roman Empire in the 15th century because it had never protected them in an emergency. Obviously, the Continental Congress would have heartily concurred with a legal justification for independence that accepted abandonment by their prince. Today’s petition filers no doubt want to determine if they have been abandoned by their “prince,” i.e. the chief executive. I am not sniping at President Obama with that comparison, simply point out that the minority in this last president election, though smaller than the winning side, might be asking if losing means abandonment — in other words, you lost and what you care about does not matter. Such are the reasons why the Declaration makes it clear “alter or abolish” are legitimate courses of action. Abolition of the United States isn’t exactly advisable. However, the Declaration gives a people permission to seek disunity if unity means they no longer count.
The current proponents of secession almost certainly have no familiarity with Vattel or his writings. They do, through the filter of the Declaration, understand his ideas. Probably the most prevalent question successful secessionists would ask is “What now?” But by acting, the proponents are showing their independence within the sphere of liberty. I doubt that secession will happen. But President Obama’s political opponents are promising him four years of action, couched in the language of a document that justified revolution against established power.
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Tagged as "The Law of Nations", 2012 Presidential Election, Barack Obama, Declaration of Independence, Emerich de Vattel, International Significance of the Declaration of Independence, Presidential Election 2012, secession, secession petitions, We the People web site